TO:

Association of Regional Center Agencies (ARCA)

915 L Street, Suite 1050, Sacramento, CA 95814

916-446-7961

RE:

ASSOCIATION OF REGIONAL CENTER AGENCIES GUIDELINES

FOR DETERMINING “5 CATEGORY” ELIGIBILITY FOR THE

CALIFORNIA REGIONAL CENTERS

Approved by the ARCA Board of Directors on March 16,

2002.

January 29, 2003

Dear Ms. Gould or current public relations contact,

As I am sure you are aware the beginning of California’s next budget cycle is beginning to unfold.

That beginning has illuminated the Association of Regional Center Agencies (ARCA) definition for

“substantial disability” for the California Regional Centers.

ARCA states that the, “Regional Centers should use the criteria of three or more limitations in the seven major life activities as used in the federal definition for Developmental Disability“ in tandem with substantial disability as defined by the California Code of Regulations (CCR) Title 17 §54001(a) with authority from Welfare and Institution code 4512.

I am familiar with statutory interpretation. I am also familiar with California’s rulemaking process. As a matter of law, guidelines for the regional centers regarding service eligibility and “substantial disability” come from California law alone. The Regional Centers have no authority to develop internal policies based outside of California law.

I am unable to explain the reasoning behind ARCA’s Guidelines, which were approved by ARCA’s board of directors on March 16th of last year. Such a proposal would require a rulemaking process designed to amend Title 17 §54001(a). It would require an amendment to California law. I am not aware of any such rulemaking.

I am certain that I misinterpret this recommendation and I look forward to your clarification.

cc:

Robert Baldo

Mareva Brown, Sacramento Bee

Assembly Member Jackson

Eric R. Gelber (Protection and Advocacy Inc.)