SENATE BILL REPORT

EHB 2441

BYRepresentatives Jacobsen, Miller, Rector, Van Luven, Dellwo, Spanel, Anderson, Pruitt, Wood, Doty and Ferguson

Convening a task force on disabled students in higher education.

House Committe on Higher Education

Senate Committee on Higher Education

Senate Hearing Date(s):February 14, 1990; February 19, 1990

Majority Report:  Do pass.

      Signed by Senators Saling, Chairman; Bauer, Cantu, Smitherman, Stratton, von Reichbauer.

Senate Staff:Jean Six (786-7423)

                  February 22, 1990

AS REPORTED BY COMMITTEE ON HIGHER EDUCATION, FEBRUARY 19, 1990

BACKGROUND:

Students with disabilities are protected against discrimination at institutions of higher education under state and federal laws.  The primary source of institutional responsibility to these students is Section 504 of the Federal Rehabilitation Act of 1973.  The key language provides:  No otherwise qualified handicapped individual...shall, solely by reason of his handicap be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

The provisions apply to academic programs, housing, financial aid, athletics, facility access, and other programs and activities, if the college or university receives any federal aid.

There are two major state laws affecting students with disabilities.  These include the law against discrimination in public accommodations, and the State Building Code.  Under these laws, public colleges and universities must provide reasonable accommodation to students with disabilities.

Accommodation can take many forms.  However, no standards are in place to define reasonable accommodation for students with disabilities. Therefore, the quality and scope of accommodations provided varies among institutions.  This variance has resulted in students selecting institutions based on the level of disabled services provided, rather than on the quality of educational programs, according to a report from Central Washington University.

In 1987, an advisory committee to the Higher Education Coordinating Board recommended that a set of statewide standards on access and a policy for disabled students be established.  The committee also recommended the implementation of a series of technical training workshops for addressing issues of access for students with disabilities.

SUMMARY:

The Governor's Committee on Disability Issues and Employment will convene a task force on higher education students with disabilities.  The task force will be composed of up to nine members representing students, institutions of higher education, and state agencies.  The task force may convene technical advisory committees to assist and advise it.

The duties of the task force are outlined.  The task force will recommend the roles of state agencies, institutions of higher education, and students in ensuring that students with disabilities have an opportunity to obtain a higher education.  The task force will also identify barriers to admission and retention, and recommend optimal methods of providing centralized and decentralized assistance to students and institutions.

The task force will identify publishers who are willing to provide textbooks on computer disks or on tape, and will recommend ways to encourage publishers to provide textbooks in a format accessible by students with disabilities.  The task force will also review available funding sources for assisting students with disabilities, recommend methods to coordinate those sources, and identify funding gaps.  In addition, the task force will recommend job descriptions for coordinators of disabled student services.

The task force will make a preliminary report to the Office of Financial Management by October 1, 1990.  Findings and recommendations will be reported to the Governor and the Legislature by December 1, 1990.

Specified state agencies, and institutions of higher education are directed to assist and advise the task force and the technical advisory committees upon request.

These provisions will expire on June 30, 1991.

$12,000 is appropriated to the Governor's Committee on Disability Issues and Employment for purposes of this act.

Appropriation:    $12,000 to the Governor's Committee on Disability Issues and Employment.

Revenue:    none

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Ben Webbinger, WAPED; Ruth Ann Lutz, TESC; Robin Stevens, Governor's Committee on Disability Issues and Employment; Laurie Lindberg, LD student; Michael Isaac, Washington State Association for the Deaf