[nagdu] CA State Board tries to regulate out-of-state schools

Craig Borne cjborne at comcast.net
Sat Mar 21 01:00:13 UTC 2009


Wow.

For a school located outside of California and training guides/handlers
outside of California, I don't see how this would be enforceable.  The
statutes cited do not apply to blind handlers, only schools.  The State
cannot dictate where a handler goes to acquire a dog, and the State cannot
override the ADA by not granting access to a handler using a guide dog from
out of State.  

This would, however, effect owner/trainers in California, since before
"using" the guide, the owner/trainer would be "training" a non-guide dog.

California cannot set business regulations outside of its borders.  This
would be a very slippery slope indeed.  I smell revenue enhancing motives
for California.

Craig

Craig Borne
Baltimore, Maryland
"A long habit of not thinking a thing wrong, gives it a superficial
appearance of being right, and raises at first a formidable outcry in
defense of custom."  --Thomas Paine, Common Sense

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Angie Matney
Sent: Friday, March 20, 2009 8:22 PM
To: nagdu at nfbnet.org
Subject: [nagdu] CA State Board tries to regulate out-of-state schools

Have people seen this letter from the California State Board of Guide Dogs
for the Blind to out-of-state dog-guide programs? The text follows the link.

http://www.guidedogboard.ca.gov/forms_pubs/outofstateletter.shtml

Letter to out-of-state schools
Re: Compliance with California State Law Pertaining to Guide Dogs

Dear Out-of-State School:

On July 8, 1947, Governor Earl Warren signed into law the Guide Dog Act.
This act was established to keep out maverick guide dog schools, protect the
visually impaired by setting minimum standards of training, provide
oversight for the disposition 
of donor funds and maintain minimum competency of training for licensed
guide dog instructors.

The purpose of this letter is twofold. First, the Board wishes to inform all
out-of-state schools the statutes requiring compliance with licensure
requirements for instruction in the state of California. Second, the Board
has a process for compliance - 
namely the examination for an instructor license. If a candidate for
licensure meets the minimum requirements to sit for the examination, they
are eligible for licensure status. The examination is given twice per year
and involves a one-day Written 
Exam 
and a one-day Oral/Practical Exam. Fingerprints are also required before
taking the examination.

First, California law requires a license for the sale or the giving of a
guide dog. Business and Professions Code section 7210 requires that:

It shall be unlawful for any person to sell, offer for sale, give, hire or
furnish under any other arrangement, any guide dog or seeing-eye dog or to
engage in the business or occupation of training any such dog unless he
holds a valid and unimpaired 
license issued pursuant to the provisions of this chapter.

Second, California law requires guide dog instructors to be licensed. An
instructor "means a person who instructs blind persons in the use of guide
dogs or who engages in the business of training, selling, hiring, or
supplying guide dogs for the blind." 
California law as set forth in 16 CCR section 2284 requires:

Anyone instructing a blind person in the use of a guide dog must be licensed
by the Board, provided, however, that a school may employ apprentices to
assist in such instruction. No apprentice shall act as an instructor except
under the direct and 
immediate supervision of a licensed instructor.

Last, B&P Code Section 7213 provides that:

Violation of any provision of this chapter is a misdemeanor.

The process for obtaining an instructor license begins with an examination.
To qualify to take the examination, the individual must have the following
qualifications as set forth in Statute (B&P Code Section 7209) -- which
states the following:

[P]erson to be eligible for examination as an instructor must (1) have a
knowledge of the special problems of the blind and how to teach them, (2) be
able to demonstrate by actual blindfold test under traffic conditions his
ability to train guide dogs with 
whom a blind person would be safe, (3) be suited temperamentally and
otherwise to instruct blind persons in the use of guide dogs, and, (4) have
had at least three years actual experience, comprising such number of hours
as the Board may require, 
as an instructor, and have handled twenty-two (22) man-dog units; or its
equivalent, as determined by the Board, as an apprentice under a licensed
instructor or under an instructor in a school satisfactory to the Board.

Applicants for the instructor license are required to take both a written
and practical/oral examination. Applicants must provide a 15-30 minute video
demonstrating instruction skills. A panel of subject matter experts will
review the video and evaluate 
the candidate's oral defense of said video. The five steps to licensing are
available on the Board's Web site. Applicants may also obtain the
application for examination at www.guidedogboard.ca.gov 

The instructor licenses are good for one year and are renewed each year
thereafter for a fee of $100. Along with the fee, an instructor must provide
the Board with evidence of continuing education (either 8 hours of
course/seminar attendance or 16 
hours of attendance at meetings of guide dog users or organizations of the
blind).

If you have any questions about the laws cited above, please feel free to
contact me at               (916) 574-7825       . Thank you.

Sincerely,

Antonette Sorrick

ANTONETTE SORRICK
Executive Officer, State Board of Guide Dogs for the Blind









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