2007 California Education Code Article 1. General Provisions

CA Codes (edc:67300-67302)

67300.  Services for disabled students provided by the California
Community Colleges and the California State University shall, and
services provided for the University of California may, at a minimum,
conform to the level and quality of those services provided by the
Department of Rehabilitation to its clients prior to July 1, 1981.
However, nothing in this chapter requires the California  Community
Colleges, the California State University, or the University of
California to provide the services for disabled students in the same
manner as those services were provided by the Department of
Rehabilitation.
   The Board of Governors of the California Community Colleges and
the Trustees of the California State University shall, for their
respective systems, and the Regents of the University of California
may adopt regulations to implement this chapter.
   Notwithstanding any other provision of this section or Section
67305, blind students who are attending California Community Colleges
under the sponsorship of the Department of Rehabilitation shall have
all reader services provided directly by the Department of
Rehabilitation.  Reader services provided by the Department of
Rehabilitation pursuant to this section shall be furnished in
accordance with federal and state law.  The Department of
Rehabilitation shall seek federal funds for the provision of readers
to blind students pursuant to this section.



67301.  (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt rules and
regulations prescribing requirements similar to those provided by
Section 22511.5 of the Vehicle Code and all other applicable sections
of the Vehicle Code relating to parking exemptions for disabled
persons, as defined by Section 295.5 of the Vehicle Code, and
disabled veterans, as defined by Section 295.7 of the Vehicle Code.
The rules and regulations shall include authorization to park for
unlimited periods in time-restricted parking zones and to park in any
metered parking space without being required to pay any parking
meter fee or to display a parking permit other than pursuant to
Section 5007 or 22511.55 of the Vehicle Code, provided those spaces
are otherwise available for use by the general public.  The adopted
regulations shall authorize parking at campus facilities and grounds
by students with disabilities and by persons providing transportation
services to students with disabilities.  Except as otherwise
provided in this section, students with disabilities and persons
providing transportation to students with disabilities shall be
required to display a valid parking permit, if applicable, for the
campus attended.  Nothing in this section prohibits the adoption of
rules and regulations providing greater accessibility for students
with disabilities and persons providing transportation services to
those students.
   The adopted rules and regulations shall exempt students with
disabilities and persons providing transportation services to these
persons from any applicable parking restrictions in areas including,
but not limited to, metered parking spaces and parking facilities
designated for use by students, faculty, administrators, and
employees.
   (b) The Regents of the University of California may provide, and
the Trustees of the California State University shall provide, and
the Board of Governors of the California Community Colleges shall
adopt rules and regulations requiring the governing board of each
community college district to provide, visitor parking at each campus
of the university or district at no charge for a disabled person, as
defined by Section 295.5 of the Vehicle Code, or disabled veteran,
as defined by Section 295.7 of the Vehicle Code, or as defined by
each segment's policy concerning the provision of services to
students with disabilities, whichever is more inclusive, and for
persons providing transportation services to individuals with
disabilities.  Whenever parking designated for a disabled person is
provided on any campus of the University of California, the
California State University, or a community college district in a
facility controlled by a mechanical gate, that university or district
shall also provide accommodations for any person whose disability
prevents him or her from operating the gate controls.  These
accommodations may be provided by making arrangements for disabled
persons to be assisted in the operation of the gate controls, or
through other effective and reasonable means the university or
district may devise.  Nothing in this subdivision shall be construed
to require the replacement or elimination of special parking
facilities restricted for the use of disabled persons located on the
campuses of these universities or districts.
   It is the intent of the Legislature that community college
districts shall utilize the proceeds from parking fees charged to
community college students and employees to offset costs incurred by
these districts in accommodating disabled persons pursuant to the
requirements of this section.
   (c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall, and the
Regents of the University of California may, establish procedures for
the purpose of conducting biennial audits to determine whether
individual campuses are in compliance with all state building code
requirements relating to the location and the designation of minimum
percentages of available campus parking spaces for use by students
with disabilities, as determined by guidelines of Section 14679 of
the Government Code, Section 2-7102 of Title 24 of the California
Code of Regulations, Part 40 (commencing with Section 40.1) of Title
24 of the Code of Federal Regulations, Section 1190.31 of Title 36 of
the Code of Federal Regulations, or their successor provisions, or
any other applicable provisions of law, whichever provides the
greater accessibility for disabled persons.



67302.  (a) An individual, firm, partnership or corporation that
publishes or manufactures printed instructional materials for
students attending the University of California, the California State
University, or a California Community College, shall provide to the
university, college, or particular campus of the university or
college, for use by students attending the University of California,
the California State University, or a California Community College,
any printed instructional material in an electronic format mutually
agreed upon by the publisher or manufacturer and the college or
campus.  Computer files or electronic versions of printed
instructional materials shall maintain the structural integrity of
the printed instructional material, be compatible with commonly used
braille translation and speech synthesis software, and include
corrections and revisions as may be necessary.  The computer files or
electronic versions of the printed instructional material shall be
provided to the university, college, or particular campus of the
university or college at no additional cost and in a timely manner,
upon receipt of a written request that does all of the following:
   (1) Certifies that the university, college, or particular campus
of the university or college has purchased the printed instructional
material for use by a student with a disability or that a student
with a disability attending or registered to attend that university,
college, or particular campus of the university or college has
purchased the printed instructional material.
   (2) Certifies that the student has a disability that prevents him
or her from using standard instructional materials.
   (3) Certifies that the printed instructional material is for use
by the student in connection with a course in which he or she is
registered or enrolled at the university, college, or particular
campus of the university or college.
   (4) Is signed by the coordinator of services for students with
disabilities at the university, college, or particular campus of the
university or college or by the campus or college official
responsible for monitoring compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the university,
college, or particular campus of the university or college.
   (b) An individual, firm, partnership or corporation specified in
subdivision (a) may also require that, in addition to the conditions
enumerated above, the request shall include a statement signed by the
student agreeing to both of the following:
   (1) He or she will use the electronic copy of the printed
instructional material in specialized format solely for his or her
own educational purposes.
   (2) He or she will not copy or duplicate the printed instructional
material for use by others.
   (c) If a college or university permits a student to directly use
the electronic version of an instructional material, the disk or file
shall be copy-protected or the college or university shall take
other reasonable precautions to ensure that students do not copy or
distribute electronic versions of instructional materials in
violation of the Copyright Revisions Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
   (d) An individual, firm, partnership or corporation that publishes
or manufactures nonprinted instructional materials for students
attending the University of California, the California State
University, or a California Community College shall provide computer
files or other electronic versions of the nonprinted instructional
materials for use by students attending the University of California,
the California State University, or a California Community College,
subject to the same conditions set forth in subdivisions (a) and (b)
for printed instructional materials, when technology is available to
convert these nonprinted instructional materials to a format that
maintains the structural integrity of the nonprinted instructional
materials that is compatible with braille translation and speech
synthesis software.
   (e) For purposes of this section:
   (1) "Instructional material or materials" means textbooks and
other materials written and published primarily for use by students
in postsecondary instruction that are required or essential to a
student's success in a course of study in which a student with a
disability is enrolled.  The determination of which materials are
"required or essential to student success" shall be made by the
instructor of the course in consultation with the official making the
request pursuant to paragraph (4) of subdivision (a) in accordance
with guidelines issued pursuant to subdivision (i).  "Instructional
material or materials" does not include nontextual mathematics and
science materials until the time software becomes commercially
available that permits the conversion of existing electronic files of
the materials into a format that is compatible with braille
translation software or alternative media for students with
disabilities.
   (2) "Printed instructional material or materials" means
instructional material or materials in book or other printed form.
   (3) "Nonprinted instructional materials" means instructional
materials in formats other than print, and includes instructional
materials that require the availability of electronic equipment in
order to be used as a learning resource, including, but not
necessarily limited to, software programs, video disks, and video and
audio tapes.
   (4) "Structural integrity" means all of the printed instructional
material, including, but not limited to, the text of the material,
sidebars, the table of contents, chapter headings and subheadings,
footnotes, indexes, glossaries, and bibliographies.  "Structural
integrity" need not include nontextual elements such as pictures,
illustrations,  graphs, or charts.  If good faith efforts fail to
produce an agreement pursuant to subdivision (a) between the
publisher or manufacturer and the university, college, or particular
campus of the university or college, as to an electronic format that
will preserve the structural integrity of the printed instructional
material, the publisher or manufacturer shall provide the
instructional material in ASCII text and shall preserve as much of
the structural integrity of the printed instructional material as
possible.
   (5) "Specialized format" means braille, audio, or digital text
that is exclusively for use by blind or other persons with
disabilities.
   (f) Nothing in this section shall be construed to prohibit a
university, college, or particular campus of the university or
college from assisting a student with a disability by using the
electronic version of  printed instructional material provided
pursuant to this section solely to transcribe or arrange for the
transcription of the printed instructional material into braille.  In
the event a transcription is made, the campus or college shall have
the right to share the braille copy of the printed instructional
material with other students with disabilities.
   (g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests for electronic
versions of instructional materials pursuant to this section.  If a
segment establishes a center or centers, each of the following shall
apply:
   (1) The colleges or campuses designated as within the jurisdiction
of a center shall submit requests for instructional material made
pursuant to paragraph (4) of subdivision (a) to the center, which
shall transmit the request to the publisher or manufacturer.
   (2) If there is more than one center, each center shall make every
effort to coordinate requests within its segment.
   (3) The publisher or manufacturer of instructional material shall
be required to honor and respond to only those requests submitted
through a designated center.
   (4) If a publisher or manufacturer has responded to a request for
instructional materials by a center, or on behalf of all the centers
within a segment, all subsequent requests for these instructional
materials shall be satisfied by the center to which the request is
made.
   (h) Nothing in this section shall be deemed to authorize any use
of instructional materials that would constitute an infringement of
copyright under the Copyright Revision Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
   (i) The governing boards of the California Community Colleges, the
California State University, and the University of California shall
each adopt guidelines consistent with this section for its
implementation and administration.  At a minimum, the guidelines
shall address all of the following:
   (1) The designation of materials deemed "required or essential to
student success."
   (2) The determination of the availability of technology for the
conversion of nonprinted materials pursuant to subdivision (d) and
the conversion of mathematics and science materials pursuant to
paragraph (4) of subdivision (e).
   (3) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (a) and (b).
   (4) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
   (j) Failure to comply with the requirements of this section shall
be a violation of Section 54.1 of the Civil Code.