| This executive order is issued pursuant to authority
granted by Sections I and II of the July 14, 2004 Standing Orders
of the Board of Trustees of the California State University. This
executive order applies to all California State University campuses
and the Office of the Chancellor.
I. INTRODUCTION
Disability support and accommodation is a significant component
of the California State University (CSU) academic mission. Continuing
compliance with the various federal and state disability laws rests
upon the assumption that current compliance efforts are retained
and periodically updated to respond to changing conditions and to
address unforeseen events as they occur. The CSU provides systemwide
program accessibility to all students, faculty, staff, and visitors.
Campuses shall work collaboratively across the areas noted in this
executive order to ensure that procedures are in place to assess
and correct deficiencies when identified.
II. PURPOSE
The purpose of this executive order is to document and make explicit
the systemwide policies for the disability support and accommodation
program and to engender monitoring and full compliance with all
of the disability support and accommodation elements noted herein.
This policy applies to all CSU campuses and to the Office of the
Chancellor. It applies, but is not limited to, academic programs
and services, student services, auxiliary programs and services,
information resources and technologies, procurement of goods and
services, and capital planning, design, and construction.
Procedures for compliance with this executive order, applicable
federal and state laws, and CSU policies are the responsibility
of the president and his or her designee. Each campus shall develop
and maintain overall procedures for ensuring compliance with applicable
federal and state laws and regulations, as well as local written
policies for accepting, investigating and resolving any student,
faculty, staff and public complaints it may receive. Each campus
will work with its campus Americans with Disabilities (ADA) Compliance
officer/coordinator and establish a standing committee described
under Section V to monitor the elements of this executive order.
III. POLICY STATEMENT
The policy of the CSU is to make its programs, services, and activities
accessible to students, faculty, staff, and the general public who
visit or attend a campus-sponsored event, with disabilities. This
policy is in accordance with applicable state and federal laws including,
but not limited to, the ADA, 42 U.S.C. § 12101 et seq.; Sections
504 and 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
§ 794 et seq.; and applicable state laws, including but not
limited to the California Fair Employment and Housing Act (FEHA),
Government Code § 12940 et seq. and Education Code §§
67302 and 67310-13.
IV. ROLE OF THE OFFICE OF THE CHANCELLOR
The CSU systemwide divisions of Academic Affairs, Business and
Finance, and Human Resources in the Office of the Chancellor shall
each be responsible for their respective functions in the maintenance,
support, and update of the requirements of this executive order.
Academic Affairs
Academic programs, services, and activities are those related to
the curricular, co-curricular, or extra-curricular activities for
students, faculty, staff, and general public participating in campus
functions. Student access to academic programs, services, and activities
is governed by policies that have been carefully developed to ensure
student access to academic programs offered by the campuses, documented
in the comprehensive statewide policy entitled “Policy for
the Provision of Accommodations and Support Services to Students
with Disabilities” (CSU coded memorandum AA 2002-035). In
addition, the “Center for Alternative Media (CAM)” statewide
policy (CSU coded memorandum AA 2004-25) expedites the delivery
of electronic texts (e-texts of instructional materials) to eligible
CSU students with disabilities. Upon review and recommendation by
the statewide Academic Technology Advisory Committee and CSU Academic
Senate, campuses will also be subject to compliance with new guidelines
addressing technology accessibility for students, faculty, and staff.
Student services are those activities and programs that help students
succeed at their educational experience at a CSU campus. Those services
and programs not covered in the academic programs, services, and
activities section are addressed via the central tenet of the federal
and state disability laws: that no individual with a disability
shall, on the basis of a disability, be excluded from participation
in or be denied the benefits of the services, program or activities
of a public entity, or be subjected to discrimination by any public
entity. Student service programs shall be made available so that
all students, including students with disabilities, have the opportunity
to participate.
The division of Academic Affairs, Student Academic Support is responsible
for student access to academic programs, services, and activities
and systemwide student program evaluation pursuant to Education
Code 67312 and the CSU “Policy for the Provision of Accommodations
and Support Services to Students with Disabilities” (coded
memorandum AA 2002-35).
Questions about student access to academic programs, services and
activities should be addressed to the Assistant Vice Chancellor,
Student Academic Support in the division of Academic Affairs, Office
of the Chancellor.
Business and Finance
The division of Business and Finance addresses the areas of business
function and financial transactions for the university including
the procurement of goods and services, capital planning, design
and construction, information technology services, and parking facilities.
Procurement of Goods and Services
Any public solicitation process developed by campuses shall be
compliant with all applicable regulations and guidelines issued
pursuant to the ADA and California Government Code § 11135
so as not to deny persons with disabilities the opportunity to participate
in the competition for the contract award.
When acquiring information technology, each campus shall acquire
products that comply with applicable Section 508 provisions when
such products are available in the commercial marketplace. If a
product is available and meets some, but not all of the relevant
provisions, the product that best meets the standard must be procured.
If a campus determines that compliance with any provision of Section
508 is unfeasible, then such exception shall be fully documented
and approved by a designee of the president.
Contracts for the acquisition of information technology products
shall include the following statement in CSU General Provisions
for Information Technology Acquisitions, clause 27, ADA.
“Contractor warrants that it complies with California and
federal disabilities laws and regulations. Contractor hereby warrants
that the products or services to be provided under this contract
comply with the accessibility requirements of section 508 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its
implementing regulations set forth at Title 36, Code of Federal
Regulations, Part 1194. Contractor agrees to promptly respond
to and resolve any complaint regarding accessibility of its products
or services. Contractor further agrees to indemnify and hold harmless
the CSU from any claims arising out of its failure to comply with
the aforesaid requirements. Failure to comply with these requirements
shall constitute a material breach and be grounds for termination
of this Contract.”
Questions about the procurement of goods and services should be
addressed to the systemwide Director, Contract Services and Procurement,
in the division of Business and Finance, Office of the Chancellor.
Information Resources and Technologies
Information Resources and Technologies refer to all programs and
services provided to students, faculty, staff, and the general public
through computer or electronic media. This includes, but is not
limited to computer and network access and services, computer-delivered
or enhanced instruction, library electronic information resources,
library online catalogs and homepages, campus informational web
sites, computer-delivered or assisted administrative services, and
voice and video programs and services.
It is the policy of the CSU to make information technology resources
and services accessible to all CSU students, faculty, staff and
the general public regardless of disability.
Section 11135 of the California Government Code was amended (Senate
Bill 302, Chapter 784, Statutes of 2003) to clarify that Section
508 of the 1973 Rehabilitation Act applies to the CSU. Section 508
addresses all aspects of access to information technology, web-based
materials, programs and services including guidelines for creating
accessible web sites.
California Education Code § 67302 requires that, when certain
conditions are met, “an individual firm, partnership or corporation
that publishes or manufactures printed instructional materials for
students attending…California State University…shall
provide to the university…any printed material in an electronic
format mutually agreed upon by the publisher or manufacturer and
the college or campus.”
The office of Information Technology Services is responsible for
oversight of systemwide information technology programs and services,
in particular, but not limited to, those associated with the implementation
of the Information Technology Strategy adopted by the CSU Board
of Trustees in March 1996. Information Technology Services also
has oversight of systemwide library technology programs. Questions
about ADA compliance with information resources and technology should
be addressed to the Assistant Vice Chancellor of Information Technology
in the division of Business and Finance, Office of the Chancellor.
As noted under Academic Affairs, once approved by the statewide
Academic Technology Advisory Committee and CSU Academic Senate,
campuses will also be subject to compliance with new guidelines
addressing technology accessibility for students, faculty, and staff.
Physical Access
As a public entity, CSU is required to ensure that all of its programs
are accessible to those with disabilities when viewed in their entirety.
The removal of all existing architectural barriers is not required
as long as program accessibility is provided. Pursuant to the ADA:
Section 35.105. Existing Facilities:
A public entity shall operate each service, program, or activity
so that the service, program, or activity, when viewed in its
entirety, is readily accessible to and useable by individuals
with disabilities. This paragraph does not necessarily require
a public entity to make each of its existing facilities accessible
to and useable by individuals with disabilities. A public entity
is not required to make structural changes in existing facilities
where other methods are effective in achieving compliance with
this section.1
The CSU campus transition plans 2 (required by the ADA
for all existing facilities at the time the law was enacted) should
be updated to reflect current campus conditions. With academic program
and other physical changes that have occurred over time, the transition
plan should mirror the current status of the campus, and be used
as a planning tool to evaluate and confirm program compliance and
priority of outstanding needs; listed barriers should be reviewed
to assess if they a) have been removed/corrected, b) deny program
access, or c) have no effect on program access. This document shall
be readily available for review and use.
All new construction and renovation work (major and minor capital
outplay projects) shall be designed to be compliant with Title 24
of the California State Building Code (accessibility standards),
written to be compliant with the ADA Guidelines. Design professionals
working on CSU public works projects shall comply with accessibility
standards as identified in Title 24 [SUAM X Section 9203.01 Codes
and Regulations]. The State of California Department of General
Services, Division of the State Architect (DSA) shall certify these
projects for access compliance and all applicable campus staff shall
be involved [SUAM XI Sections 9230-9237].
Campuses shall continue to strive for a barrier-free environment,
supportive of universal access, through major capital outlay renovation
projects and minor capital outlay correction projects. Campus departments
responsible for equipping such spaces should also take into consideration
program access needs.
The office of Capital Planning, Design and Construction is responsible
for carrying out the authority of the Board of Trustees in the construction
and physical development of CSU campuses and any buildings, facilities,
parking and improvements connected with the CSU. Questions about
physical access should be directed to the Assistant Vice Chancellor,
Capital Planning Design and Construction in the division of Business
of Finance, Office of the Chancellor.
Parking and Transportation
Compliance with California Building Code § 2001, effective
November 1, 2002, as well as compliance with the Americans with
Disabilities Act (ADA), is managed concurrently on several fronts
across both the campus and Chancellor’s Office and, by design,
is an ongoing and responsive process. Compliance is both an important
legal requirement and significant because of the CSU academic mission
and commitment to access. Campuses that develop and operate transportation
systems must ensure that such systems are accessible to persons
with disabilities.
The Chief Administrator/Business Officer for each campus is responsible
for establishing and implementing effective controls for the audit
of disabled parking. The completion of timely reports as a method
of verification for the status of compliance is delegated to the
campus. Every two years, beginning in 2006, campuses should submit
a copy of the completed audit to Systemwide Financial Services by
April 1. A copy of the current audit should be kept on file at the
campus until the new audit is completed.
The minimum requirements and standards for disabled persons’
parking on campus are as follows:
The defined parking shall be in accordance with California Code
of Regulations, Title 24, Part 2, and Volume 1. Generally, in
the aggregate, where parking is provided for the public as clients,
or guests of employees, the required number of accessible disabled
parking stalls shall be provided. As further provided in section
1129B-general of the California Code of Regulations, when a parking
facility does not serve a particular building, accessible disabled
parking shall be located on the shortest accessible route of travel
to an accessible pedestrian entrance of the parking facility.
In buildings with multiple accessible entrances with adjacent
parking, accessible disabled parking spaces shall be dispersed
and located closest to the accessible entrances. The defined parking
report must consider and be in compliance with Education Code
§§ 67301 (c), 67312 (a) (4) and (b), and 67310 (f).
Questions about parking requirements and standards should be address
to the Senior Director, Controller, Financial Services, in the division
of Business and Finance, Office of the Chancellor.
The campus parking fee may be waived for students with disabilities
who meet the eligibility standards based on the financial information
provided to the campus. The student financial aid office must certify
that the student meets the requirements of the waiver.
Human Resources
The Office of Human Resources defines and governs the relationship
between the CSU and its employees in the areas of labor relations,
employee relations, academic human resources, administration and
professional development.
The CSU is committed to maintaining a work environment free of
disability discrimination and to providing reasonable accommodation
in compliance with state and federal laws, regulations, and systemwide
policies. Unit 8 employees, as well as Management Personnel Plan
and Confidential employees, should refer to Executive Order 883
for the systemwide nondiscrimination policy. In summary relating
to persons with disabilities, discrimination on the basis of disability
is prohibited. ("Disability" as used herein is consistent
with the definitions provided in the Americans with Disabilities
Act and the Fair Employment and Housing Act.) Moreover, retaliation
against individuals who have or are believed to have filed a discrimination
complaint, opposed a discriminatory act or participated in a discrimination
investigation or proceeding, is prohibited. Other represented employees
should refer to their collective bargaining agreements. Employees
are apprised of their rights and responsibilities under the CSU
nondiscrimination policy and under state and federal laws through
training provided by their respective campus, as required by Executive
Order 883.
Pursuant to Executive Order 883, reasonable accommodation is to
be provided upon request from an employee or applicant with disabilities,
unless doing so would impose an undue hardship on the campus. What
constitutes a reasonable accommodation is to be determined by the
campus on a case-by-case basis after it has received the individual’s
request for accommodation and engaged in an interactive process
with the individual to identify the nature and extent of the individual’s
restrictions and the appropriate accommodation that would enable
the individual to perform the essential duties of his/her job. Reasonable
accommodation may begin prior to the extension of a job offer to
provide an applicant access to the application and interviewing
processes.
The internal procedures for investigating and resolving issues
concerning disability accommodation have been established for employees.
Links to the nondiscrimination provision and the conflict-resolution
procedure currently available to each bargaining unit, or employee
classification, are provided in the appendix. Individuals may also
contact the Equal Employment Opportunity Commission or the Department
of Fair Employment and Housing to resolve any issues concerning
disability accommodation.
Questions involving disability support and accommodation for employees
should be addressed to the Senior Director of Employee Relations
in the division of Human Resources, Office of the Chancellor.
While it is each campus’ responsibility to provide compliance
training to its respective campus community, campus staff may contact
the Systemwide Professional Development unit in the division of
Human Resources, Office of the Chancellor, for assistance in locating
available training resources and tools.
Legal advice concerning ADA compliance that may affect the campus
must be coordinated through the CSU Office of General Counsel.
V. MONITORING AND COMPLIANCE
Pursuant to CSU systemwide “Policy for the Provision of Accommodations
and Support Services to Students with Disabilities” (AA 2002-35),
systemwide issues will be addressed through a statewide advisory
committee and campus issues will be addressed through a campus advisory
committee, as stated:
“A systemwide advisory committee on services to students
with disabilities (has been) established by the Office of the
Chancellor to review, evaluate, and recommend systemwide educational
and administrative policies that address the needs of students
with disabilities.”
“Each campus shall establish an advisory committee on services
to students with disabilities to assist in the evaluation of current
campus policies and procedures relating to students with disabilities,
develop plans relating to programs and services for students with
disabilities, recommend priorities, review barrier removal priorities
as specified in State University Administrative Manual (SUAM),
and develop timelines as defined in each campus’ transition
plan.”
Pursuant to this executive order, each campus shall establish a
standing committee on Disability Access and Compliance involving
the ADA compliance officer/coordinator and representatives from
Academic Affairs, Business and Finance, Human Resources, Information
Technology, Parking, Procurement, Student Services, one student
representative appointed by the Associated Students, Inc., one faculty
member appointed by the Academic Senate, and one staff representative,
to discuss, monitor, and evaluate campus-specific issues relating
to compliance with this executive order and applicable federal and
state laws and regulations. The Chancellor’s Office will request
reports on campus compliance with all aspects of this executive
order on an as needed basis.
1 Federal Register, Volume 56, No. 144,
28 CFR, Part 135 Nondiscrimination of the Basis of Disability in State
and Local Government Services, Final Rule (7/26/91).
2 Prepared by Building Analytics,
an outside firm; completed in 1993.
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