BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1256
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          SENATE THIRD READING
          SB 1256 (Hancock)
          As Amended  June 23, 2010
          Majority vote 

           SENATE VOTE  :34-0  
           
           EDUCATION           8-0                                         
           
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          |Ayes:|Brownley, Nestande,       |     |                          |
          |     |Ammiano, Arambula,        |     |                          |
          |     |Carter, Eng, Miller,      |     |                          |
          |     |Torlakson                 |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :   Designates January 23 of each year as Ed Roberts Day,  
          a day of special significance.  Specifically,  this bill  :

          1)Makes legislative findings and declarations regarding the  
            life, career, contributions and death of Ed Roberts, and his  
            life-long fight for the rights of individuals with  
            disabilities.

          2)Adds January 23, as Ed Roberts Day, to the list of days having  
            special significance, and requires the Governor to annually  
            proclaim January 23 as Ed Roberts Day.

          3)Encourages all public schools and educational institutions to  
            observe this day and conduct exercises remembering the life of  
            Ed Roberts, recognizing his accomplishments as well as the  
            accomplishments of other Californians with disabilities, and  
            familiarizing pupils with the contributions that Ed Roberts  
            and other Californians with disabilities have made to this  
            state.

           EXISTING LAW  :

          1)Requires public schools to close on or for a number of  
            holidays, including, January 1, Dr. Martin Luther King Jr.  
            Day, Lincoln Day, Washington Day, Memorial Day, July 4, Labor  
            Day, Veterans Day, Thanksgiving Day, December 25, all days  
            appointed by the Governor or the President for a public fast,  








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            thanksgiving or holiday, and any other day designated as a  
            holiday by the governing board of the school district; also  
            requires, for some of these holidays that schools conduct  
            exercises or instruction that focus students on the holiday's  
            purpose.

          2)Authorizes public schools to close on or for other holidays,  
            if the governing board pursuant to an agreement under  
            collective bargaining agrees; these days include Cesar Chavez  
            Day and Native American Day.  Also authorizes public schools  
            to conduct exercises or instruction that focus students on the  
            purpose of these holidays.

          3)Requires public schools to remain open and celebrate specific  
            holidays with appropriate commemorative exercises, including  
            the anniversary of the adoption of the Constitution of the  
            United States, the birthday of Luther Burbank, Susan B.  
            Anthony Day, and the anniversary of the death of Crispus  
            Attucks (Black American Day).

          4)Designates the Day of the Teacher, John Muir Day, California  
            Poppy Day, Harvey Milk Day and Welcome Home Vietnam Veterans  
            Day as days having special significance, when public schools  
            are encouraged to observe and conduct specified commemorative  
            exercises.

           FISCAL EFFECT  :  This bill is keyed non-fiscal.


           COMMENTS  :  Edward Verne Roberts (January 23, 1939- March 14,  
          1995) was an international leader and educator in the  
          independent living and disability rights movement who fought  
          throughout his life to enable all persons with disabilities to  
          fully participate in society.  Roberts contracted polio at the  
          age of fourteen, two years before the Salk vaccine put an end to  
          the polio epidemic.  He spent eighteen months in hospitals and  
          returned home paralyzed from the neck down except for limited  
          motion in the fingers on one hand.  He slept in an iron lung at  
          night and when out he survived by glossopharangeal ("frog")  
          breathing, a technique for swallowing air using facial and neck  
          muscles.  He credited his mother with teaching him, by example,  
          how to fight for what he needed after school administrators  
          objected to his graduation from high school because he had not  
          completed physical education and driver's education  








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          requirements.

          After high school graduation and attending the College of San  
          Mateo, he was admitted to the University of California (UC),  
          Berkeley as the first student with severe disabilities to  
          attend.  He had to fight for support from the state Department  
          of Vocational Rehabilitation (DVR) to attend college because his  
          rehabilitation counselor thought he was too severely disabled to  
          ever get a job; he also had to fight for admission to and  
          services at the university.  When his search for university  
          housing met resistance, in part because of his 800 pound iron  
          lung, the director of the campus health service offered him a  
          room in an empty wing of the Cowell Hospital.  Roberts accepted  
          on the condition that his living space was to be treated as a  
          dormitory, rather than as a medical facility. His admission led  
          to the admission of other students with severe disabilities, who  
          joined him over the next few years at what evolved into the  
          Cowell Residence Program.  

          This group of students developed a sense of identity, began  
          calling themselves the "Rolling Quads", and began to politically  
          approach disability issues.  The group later began advocating  
          for disabled access (e.g., curb cuts) in the wider community,  
          and to create the Physically Disabled Student's Program (PDSP).  
          The PDSP was the first student-led disability services program  
          in the country, and offered services that included free  
          counseling, off-campus housing referrals and a repair crew whose  
          expertise was in wheelchairs.  Roberts continued to advocate for  
          UC Berkeley disabled students throughout the 1960s; he earned  
          his B.A. in 1964, his M.A. in 1966, and became a Ph.D. candidate  
          in 1969 - all in political science at UC Berkeley.

          PDSP became the model for Berkeley's Center for Independent  
          Living (CIL) and over 400 independent living centers across the  
          country. Roberts was one of the early directors of CIL, which  
          furthered a nuts-and-bolts approach to solving the problems of  
          people with disabilities, including help in modifying cars and  
          vans to enable them to drive. The CIL organized a referral  
          service to develop a pool of reliable aides to help disabled  
          people bathe, eat and dress.  Under Roberts, the CIL also  
          campaigned to remove provisions of Federal laws that discouraged  
          the disabled from working, and also led campaigns demanding  
          access to public transportation and seating aboard buses and  
          trains.








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          In 1976, Governor Jerry Brown appointed Roberts as the Director  
          of the DVR - the same agency that had once labeled him too  
          severely disabled to work. He was the first Director with a  
          disability, and served in that post until 1983. Roberts later  
          returned to Berkeley where he co-founded the World Institute on  
          Disability, an organization that works worldwide "to eliminate  
          barriers to full social integration and increase employment,  
          economic security, and health care for persons with  
          disabilities."  Ed Roberts is often called the father of the  
          disability rights movement.  He said that, "anger is a powerful  
          energy. We don't need to suppress or get over our anger; we need  
          to channel it into making change for the greater good. We need  
          to make sure that we don't turn our anger in on ourselves or our  
          loved ones, but focus it on removing obstacles, and making  
          things happen. ? I get angry all of the time."   This personal  
          energy and unwillingness to accept the status quo made Roberts  
          an effective advocate for persons with disabilities.  

          This bill requires the Governor to proclaim January 23 as Ed  
          Roberts Day, and designates January 23 as a day having special  
          significance.  This bill does not result in additional average  
          daily attendance or funding for a school district, nor does it  
          result in an additional holiday or day of school closure.  The  
          designation of a day of special significance simply triggers  
          statutory encouragement for public schools to observe the day  
          and to conduct commemorative exercises suitable to the day, as  
          specified in law; however, the decision as to whether to observe  
          any day of special significance or to conduct suitable  
          commemorative exercises is left to the local district.  If this  
          day is observed, then suitable exercises would recognize Ed  
          Roberts' life and accomplishments, as well as the contributions  
          that he made to this state and country.


           Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087 

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