Cheree Heppe here:
Below please find a letter regarding changes proposed by the California State
Board of Guide Dogs for the Blind which may require further study and consumer
comment.
Regards,
Cheree Heppe
POB 18064
Portland, OR 97218
March 8, 2010
California Bureau of State Audits
Investigations
555 Capitol Mall, Suite 300
Sacramento, CA 95814
Re: California State Board of Guide Dogs for the Blind
seeking to change state law to fund itself privately
A year ago in March, 2009, the California State Board of Guide Dogs for
the Blind sought to impose sweeping restrictive changes which over-stepped its
functional purview. This March, the State Board of Guide Dogs for the Blind is
at it again.
The portion of a document appended below circulated via E-mail very
recently
and as a concerned consumer who has successfully traveled internationally with
dog guides for forty years, I am responding.
There is in the ADA a functionally based requirement for dog guide work,
not a badging requirement. If it guides like a dog guide, behaves in the
sophisticated manner of dog guides educated to work publicly, and is in all
respects dog guide-like, then it is a dog guide under ADA, regardless of
badging.
The California State Board of Guide Dogs for the Blind is pre-ADA. Many
who are not tied into the California State Board of Guide Dogs believe this
Board's function to be superfluous, stifling, repressive, controlling and
self-serving. Many feel that having options for dog guide training outside of
California represents their best hope for acquiring a dog guide that can guide,
exhibit proper social behavior and have good health. Many blind consumers
prefer receiving services through non-patronizing, consumer empowering agencies.
This set of changes currently proposed by the California State Board of
Guide Dogs for the Blind elevates the proliferation of paperwork over honest
dog guide training and performance.
Proposed requirements for documenting hours of training have been lifted
as whole cloth from other International Federation of Guide Dog School
standards which the California State Board of Guide Dogs for the Blind is
neither equipped to review nor institute.
What exactly is the State Board of Guide Dogs doing when it releases
notice of an important meeting after the fact, then attempts to change
regulations, citing the International Federation of Guide Dog Schools as
authority without providing access to the International Federation’s foundation
documents?
In 2010, most blindness rehab personnel refer to blind recipients of
services as "consumers" instead of "clients," considering the term "client" too
non-involved and patronizing. Does this lack of modern language usage by
principles of the California State Board of Guide Dogs for the Blind suggest a
lack of up to date knowledge of the blindness rehab field or merely a disregard
for blind consumers?
The State Board of Guide Dogs seeks to practice restraint of trade. In
an earlier missive, the Board proposed preventing any dog guide services to
blind graduates originating outside California unless outside entities paid and
funneled services through the state's dog guide board.
Now, this Board seems to be keeping itself solvent by digging for state
sanctioned gold from the California dog guide programs by using state law put
in place to protect consumers.
Unless this Board has state officials so buffaloed and California dog
guide schools so tightly by the short hairs they don't dare make a move, they
should really throw off the strangle hold this Board holds over California dog
guide programs.
The California State Board of Guide Dogs for the Blind should be abolished
to free up administrative and financial resources and permit national law and
industry forces to govern the regulation of dog guide schools, as has been
successfully accomplished everywhere else in the U.S.
Cordially,
Cheree Heppe
(Begin scanned document)
This is the notice of proposed modification to California guide dog regulations.
Comment may be made until March 19, 2010.
Section (3) is the portion that discusses guide dog handler instruction.
STATE BOARD OF GUIDE DOGS FOR THE BLIND
NOTICE IS HERBY GIVEN that The State Board of Guide Dogs for the Blind has
proposed modifications to the text of sections 2262 and 2262.1 and 2276 of
Title 16 of the California Code of Regulations, which were the subject of a
regulatory hearing on February 8, 2010. A copy of the modified text, including
any document incorporated by reference is enclosed. Any person who wishes to
comment on the proposed modifications may do so by submitting written comments
on or before March 19, 2010, to the following:
Antonette Orrick
Executive Officer
State Board of Guide Dogs for the Blind
1625 N. Market Blvd., S-202
Sacramento, CA 95834
(916) 574-7825 phone
(916) 574-7829 fax
dca.ca.gov
DATED: __2/25/10_________
BOARD OF GUIDE DOGS FOR THE BLIND
Proposed Modified Language
(Additions from previously proposed text are indicated by double underline.
Deletions from previously proposed text are indicated by double strikethrough.
)
(1)
Amend Section 2262 in Article 1 of Division 22 of Title 16 of the California
Code of Regulations to read as follows:
2262. License Period.
(a)
A school license expires on April 30th of each calendar year, and unless
renewed by the date of expiration shall be automatically forfeited and may be
reinstated or renewed only after payment of the renewal fee.
(b)
An instructor€™s license Licenses shall remain in effect for one year after the
date of issuance, and unless renewed by the date of expiration shall be
automatically forfeited and may be reinstated or renewed only after compliance
with the requirements of the Board.
Note: Authority cited: Sections 7200.5, and 7208 and 7211, Business and
Professions Code. Reference: Sections 7200.7, 7211, 7211.1 and 7217, Business
and Professions Code.
(2)
Add Section 2262.1 of Division 22 of Title 16 of the California Code of
Regulations to read as follows:
2262.1. Annual School Renewal Payment.
To renew its license after April 30, 2010, a school shall pay a fee equal to
0.00425 of all school expenses incurred in the most recently concluded school
calendar year. The school€™s expenses shall be determined from the annual audit
required by Business and Professions Code section 7217.
For a school license expiring on or before July 31, 2010, if the renewal
payment is received on or before April 30, 2010, the school shall pay a fee
equal to 0.004 of all school expenses incurred in the most recently concluded
school calendar year.
(a) On or before April 30, 2010, the rate for calculating the annual school
renewal fee pursuant to Section 7200.7 is 0.004 of all school expenses incurred
in the most recently concluded school calendar year, as determined by the
immediately preceding fiscal year audit required annually by section 7217 of
the Code. Page 1 (Rev. 2/20/10)
(b) After April 30, 2010, the rate for calculating the annual school renewal
fee pursuant to Section 7200.7 is 0.00425 of all school expenses incurred in
the most recently concluded school calendar year, as determined by the
immediately preceding fiscal year audit required annually by section 7217 of
the Code.
(c) The renewal fee shall be paid no later than April 30th of each calendar
year.
NOTE: Authority cited: Sections 7200.7 and 7208, Business and Professions Code.
Reference: Section 7200.7, Business and Professions Code.
[*** NB: This section will modify the regulations concerning guide dog handler
instruction.
***]
(3) Amend Section 2276 of Division 22 of Title 16 of the California Code of
Regulations to read as follows:
2276. Client Instruction Period.
Each school or instructor providing a guide dog to a client shall comply with
the following standards:
(a)
Clients training with their first guide dogs must receive instruction consisting
of a Each school engaged in instruction of blind persons in the use of guide
dogs shall provide a minimum of 80 15 hours theory and a minimum 30 hours
practical in-harness instruction spread over a two to of instruction over a
period of four weeks period.
[*** This did not copy well from the original pdf, but it means that :for
first-time handlers, the regulation will change from 80 hours of instruction
over 4 weeks, TO the proposed new regulation which will require (for first-time
handlers) a minimum of 30 hours in-harness and a minimum of 15 hours of
theoretical training over a two week period. ***]
(b)
Clients training with successor dogs must receive, except that with respect to
a person who has previously completed such minimum instruction consisting of in
a school satisfactory to the Board, a school may provide a minimum of 40 10
hours theory and 20 hours practical in-harness of instruction. over a period of
two weeks.
[*** The proposed change will change the training requirements for €œretrains€
from 40 hours over two weeks, minimum, TO 10 hours of theoretical and 20 hours
in-harness training over two weeks, minimum. ***]
(c)
The instruction must be individualized to the client and provided until the
team achieves safe and effective guide dog mobility, until the instructor
determines the team cannot satisfactorily complete instruction or until the
client discontinues services.
(d)
The instruction may be conducted in any appropriate venue, including, but not
limited to, in-residence at the school, in-home or a combination of both. A
school may, when in its judgment it is necessary for proper instruction in a
particular case, require instruction in excess of the minimums prescribed in
this section. In no case shall less than 15 hours nor more than 25 hours of
instruction be given in any one week.
[*** Sections c and d are self-explanatory. ***] Note: Authority cited: Section
7208, Business and Professions Code. Reference: Section 7208, 7210.7 Business
and Professions Code.
Page 2 (Rev. 2/20/10)
[***In summary, under these modifications, all trainees must train for a
minimum of 15 hours per week and not more than 25 hours per week, over a two
week period. The training for any handler (first-time or repeat) may be given
in any venue deemed appropriate by the accredited school (including in-home,
residence, combination, or other). The four week requirement period for
first-time guide dog handlers (with 80 total hours of instruction) will be
replaced by a minimum requirement for first-time handlers of: 30 hours
in-harness and 15 hours theoretical instruction over a two week period. The
requirements for repeat-handlers will change from 40 hours total instruction
over two weeks (minimum) to: a minimum of 20 hours in-harness and 10 hours
theoretical instruction over a two week period.
These proposed regulation-modifications regarding guide dog handler
instruction are the current standards specified by the IFGDS (International
Federation of Guide Dog Schools).
(End scanned document.)
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