Title 5
Draft Regulations
And Guidelines
Draft Regulations and Guidelines
This is not a complete set of draft Title 5 Regulations and Guidelines. There are several sections that have yet to be discussed or are in process.
Please review the following sections, and either use mark-up or send me your comments. Our goal is to provide Julia with enough wording for each regulation and to develop the guidelines so they speak with one voice, with consistency and clarity.
NOTE: This is a draft document for discussion and comment only. When you share this with colleagues, please ensure they understand that these are not approved and cannot be used in their current form.
Here are the following sections for your review:
Section 56000 – Scope of Chapter
Section 56002 – Student with a Disability
Section 56004 – Educational Limitation
Section 56005 – Academic Adjustments, Auxiliary Aids, Services and/or Instruction
Section 56006 – Determination of Eligibility
Section 56008 – Student Rights
Section 56010 – Student Responsibilities
Section 56020 – Availability of Services
Section 56022 – Student Accommodations Plan
Section 56026 – Academic Adjustments, Auxiliary Aids and Services
Section 56027 – Academic Adjustments
Section 56030 – Reporting Requirements
Section 56032 – Physical Disabilities
Section 56034 – Deaf and Hard of Hearing
Section 56036 – Learning Disabilities
Section 56038 – Acquired Brain Injury
Section 56040 – Intellectual Disabilities
Section 56042 – Mental Health Disabilities
Section 56044 – Other Health Conditions and Disabilities
Section 560XX – Blind and Low Vision
Section 560XX – Autism Spectrum
Section 560XX – ADHD
Section 56048 – Staffing
Section 56052 – Evaluation
Section 56054 – Special Projects
Section 56060 – Basis of Funding
Section 56062 – Provision of Academic Adjustments, Auxiliary Aids, Services
and/or Instruction
Section 56064 – Allowable Expenses
Section 56066 – Comparable Services
Section 56068 – Non-Allowable Expenses
Section 56072 – Allocations, Reports, Audits, Adjustments
Section 56074 – Accounting for funds
Section 56076 – Other Resources
The following sections are still under review or yet to be discussed:
Section 56028 – Educational Assistance Class Instruction
Section 56029 – Educational Assistance Class Repetition
Section 56070 – Revenue from Educational Assistance Classes
Draft Regulations and Guidelines
Section 56000. Regulation. Scope of Chapter.
Section 56002. Regulation. Student with a Disability.
Section 56004. Regulation. Educational Limitation.
Section 56005. Regulation. Support Services or Instruction. Academic adjustments, auxiliary aids, services and/or instruction
Section 56006. Regulation. Determination of Eligibility.
Section 56008. Regulation. Student Rights
Section 56010. Regulation. Student Responsibilities.
Section 56020. Regulation. Availability of Services
Section 56022. Regulation. student education contractEducational Accommodation Plan.
Section 56026. Regulation. Support Services Academic Adjustments, Auxiliary Aids Services
Section 56027. Regulation. Academic Accommodations Adjustments.
Section 56030. Regulation. Reporting Requirements
Section 56032. Regulation. Physical Disability
Section 56034. Regulation. CommunicationDisability Deaf and Hard of Hearing (DHH)
Section 56036. Regulation. Learning Disability
Section 56038. Regulation. Acquired Brain Impairment Injury (ABI)
Section 56040. Regulation. Developmentally Delayed Learner Intellectual Disability (ID)
Section 56042. Regulation. Psychological Disability Mental Health Disability
Section 56044. Regulation. Other Disabilities Other Health Conditions and Disabilities
Section 560XX. Regulation. Blind and Low Vision
Section 560XX. Regulation. Autism Spectrum
Section 560XX. Regulation Attention-Deficit/Hyperactivity Disorder (ADHD)
Section 56048. Regulation. Staffing
Section 56052. Regulation. Evaluation
Section 56054. Regulation. Special Projects.
Section 56060. Regulation. Basis of Funding.
Section 56062 – Regulation. Provision of Support Services or Instruction Academic adjustments, auxiliary aids, services and/or instruction
Section 56064. Regulation. Direct Excess CostsAllowable Expenses
Section 56066. Regulation. Comparable Services.
section 56068. Regulation. Indirect Administrative Costs Non-Allowable Expenses
Section 56072. Regulation. Allocations; Reports; Audits; Adjustments.
Section 56074. Regulation. Accounting for Funds.
Section 56076. Regulation. Other Resources.
Section 56000. Regulation.Scope of Chapter.
Thissubchapterappliestocommunitycollegedistrictsofferingsupportservices, academic adjustments, auxiliary aids, services and/orinstructionthroughDisabledStudentPrograms and Services (DSPS), on and/or offcampus,tostudentswithdisabilitiespursuant to Education Code Sections 673 10-I 2and84850.
ProgramsreceivingfundsallocatedpursuanttoEducationCodeSection84850shallmeettherequirementsofthissubchapter. Any support servicesacademic adjustments, auxiliary aids, services and/orinstruction funded, in whole or in part, underthe authority of thissubchapter must:
(a)notduplicateservicesorinstructionwhich are otherwise available to all students;
(b)bedirectlyrelatedtotheeducationallimitationsoftheverifieddisabilitiesofthestudentstobeserved;
(c)bedirectlyrelatedtothestudents’participationintheeducationalprocess;
(d)promotethemaximumindependenceandintegrationofstudentswithdisabilities;and
(e)support participation of studentswithdisabilitiesineducationalactivitiesconsistentwiththemissionofthecommunitycolleges as set forth in Education Code Section66701.
Note:Authoritycited:Sections67312,70901,and84850,EducationCode.Reference:
Sections 66701, 67310-l 2, and84850,EducationCode.
Implementation guideline
The introductory paragraph of Section 56000(Scope of Chapter) indicates that these regulations apply to all activities authorized under Education Code Sections 67310-12 and 84850. For districts, this means that these regulations apply to all activitiesfunded in whole, or in part, by allowable expenses which a district receives direct excess cost (see Section 56064) from the State to serve students with disabilities through the Disabled Student Programs and Services (DSPS). ThisThese activities includesspecialacademic adjustments, auxiliary aids and services as well as educational assistanceclasses and support services for students with disabilities. Activities are directed by the regulations whether or not they occur in regular or educational assistance classesin either regular or special classes, regardless of whether the class is offered on- or off-campus for credit, noncredit, or non-degree credit. It is important to note that since Community Service courses are not eligible for allowable cost funding, and services provided to students with disabilities in such courses are not governed by these regulations. In addition, although the college has an obligation under federal and state non-discrimination laws (Section 504, the Americans with Disabilities Act and CA Government Code section 1135 et.seq.) DSPS funds cannot be used to provide these services.
Section 56000 also implements a requirement of Assembly Bill 746 (Chapter 829 Statute 1987) that expenditures under the DSPS program must conform to the fivespecified criteria outlined in “a thru e.” These criteria apply to funds for services to students with disabilities in public postsecondary education in California. The DSPS Program Plan required under Section 56046 must demonstrate that all activities conducted with State categorical funds meet these criteria.The criteria are designed to ensure that DSPS services assist students with disabilities to equally participate in the instructional offerings of the college by providing “over and above” services to meet their disability related educational limitations. The services should also foster independence and maximum integration into campus life for students with disabilities and be in conformance with the overall mission of the college.
More specifically, Subsection 56000 (a) prohibits provision of services or instruction which duplicate those otherwise available to all students. This means that services funded through the DSPS program should not replace or supplant existing general college services, but should go above and beyond those services in order to meet the needs of students with disabilities. Separate special programs, classes, or services should only be established when regular services or instruction, combined with the provision of support services,academic adjustments,auxiliary aids, and servicesdo not meet the educational needs of students with disabilities. Under Section 504 of the 1973 Rehabilitation Act (29 U.S.C. 794), students with disabilities must have access to the general college services and instructional process. The DSPS program is intended to provide the additional, specialized support which allows students with disabilities to more fully access and benefit from the general offerings and services of the college. For example, tutoring services provided through the DSPS program should provide disability-related tutoring rather than general tutoring available through the Learning Center, EOPS, or other sources. In regard to specialeducational assistance instruction, classes must meet a unique instructional need directly related to the educational limitation due to the disability which cannot be accommodated in a regular class with support services.academic adjustments, auxiliary aids, and services.
Subsection 56000 (b) requires that the educational need for the service must be directly related to the educational limitations of the verified disabilities of the student to be served. Thus, DSPS funds cannot be used to meet needs a student may have which do not result from his or her disability. For example, the DSPS program may provide specialized instruction to address a student’s learning disability, but this should not include instruction designed to overcome learning problems attributable to linguistic or cultural differences.
Subsection 56000 (c) states that services or instruction must be directly related toparticipation in the educational process must be consistent with the purposes of the community colleges. Therefore, DSPS funds cannot be used to meet personal, student activity, or social needs which exist regardless of whether or not the student is attending college and which are not directly required by an instructional activity. The provision of personal attendant care assistance services on a regular or emergency basisand/or durable medical equipment are among the services which would be excluded under this provision. In regard to student activities on campus which are not directly related to the requirements of a class, the college would be required to provide such auxiliary aids and services as required by state and federal non-discrimination laws, however those must be paid for from revenue sources other than DSPS funds.
Subsection 56000 (d) mandates promotion of maximum independence and integration of students with disabilities. This means that, wherever feasible, to the maximum extent possible students with disabilities should be served in integrated programs with the general student population.
Subsection 56000 (e) requires that services and instruction be consistent with the purposes of the community colleges. Services should support students with disabilities in educational activities that comply with the mission of the college. These services may include integrating students with disabilities into the general college program; facilitating general education, transfer, or vocational preparation; increasing independence; and making referrals to community resources. Therapy and/or custodial care are not appropriate functions of the DSPS program. The determining factors for instruction and services should be the purpose and duration of the program. As an educational institution, the colleges are designed to help students acquire skills in a particular area. While this process may require more time due to the limitations from the disability and may require adapted instruction, its purpose should be instructional rather than therapeutic or recreational. Adaptive physical education, for example, should serve as an adapted instructional mode for the learning of physical education skills—swimming, basketball, and general exercise—rather than as a method to engage in therapeutic activities.
Documentation
The fact that the requirements of Section 56000 have been satisfied with respect to any particular student should be reflected as part of the Student Educational Contract process (see Section 56022). The fact that these requirements are satisfied by the DSPS program as a whole is to be documented through the special class approval process (see Section 56028) and through the college’s program plan (see Section 56046).
Section 56002. Regulation. Student with a Disability.
A “student with a disability”or “disabled student” is a person enrolled at a communitycollege who has a verified impairment which limits one or more major life activities, asdefined in 28 C.F.R. 35.104, and which imposes an educational limitation as defined inSection 56004. For purposes of reporting to the Chancellor under Section 56030,students with disabilities shall be reported in the categories described in Sections56032-XX.
Note:Authoritycited:Sections67312,70901,and84850,EducationCode.Reference:Sections67310-l 2 and84850,EducationCode.
Implementation guideline
Section 56002 gives the general definition of a student with a disability. To qualify, a person must:
(1)be enrolled at a community college;
(2)have a verifiable disability (see Sections 56032-XX);
(3)be unable to fully benefit from the regular programs and services offered by the college due to the educational functional limitation of a disability; and
(4)need specialized services or instruction in order to mitigate these disability-related educational limitations.
Documentation
Documentation that students meet these criteria should be available in their files. These files should include but are not limited to the following:
(1)A signed application for services and verification of enrollment at the community college;
(2)Verification of disability and identification of educational limitation(s) due to the disability;
(3)An Student Educational Contract;Education Accommodation Plan; and
(4)Documentation of services provided.
Community college districts may authorize the electronic submission of any admission form or student form or document. Electronic signatures in lieu of manual signatures may be used on any documents requiring a signature, providing
(1) It is unique to the person using it.
(2) It is capable of verification.
(3) It is under the sole control of the person using it.
(4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.
(5) It conforms to regulations adopted by the Secretary of State.
NOTE: The paragraph above is taken directly from the proposed electronic submission regulations currently under review at the Chancellor’s Office. We will work with Julia on precise wording.
Section 56004. Regulation. Educational Limitation.
As used in this subchapter, “educational limitation” means disability related functionallimitation in the educational setting. This occurs when the limitation prevents thestudent from fully benefiting fromhaving full access to and equal participation in the educational process including classes, activities, or services offered by the college tonon-disabled students, without specific additional support servicesacademic adjustments, auxiliary aids, services and/or instruction asdefined in Section 56005.
Note: Authority cited: Sections 67312, 70901, and 84850, Education Code. Reference:Sections 67310-12 and84850, Education Code.
Implementation guideline
An “educational limitation” is a disability related functional limitation in the educational setting. An educational limitation prevents the student from fully benefiting from having full access to and equal participation in the educational process including classes,activities, or services offered to nondisabled students, without specific additional support servicesacademic adjustments auxiliary aids, services and/or instruction as defined in Section 56005. Services and accommodations provided by the DSPS program must be directly related to the student’s educational limitation(s)and developed through an interactive process between the student and the institution.
Documentation
Documentation that services and accommodations are directly related to the student’s educational limitation should be available in the student’s file.
Section 56005. Regulation. Support Services or Instruction.Academic adjustments, auxiliary aids, services and/or instruction
As used in this subchapter, “support services or instruction” academic adjustments, auxiliary aids, services and/or instruction means any one or more of the services listed in Section 56026, and/or specialeducational assistance class instruction authorized under Section 56028, or both.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
Implementation guideline
Support services or instructionAcademic adjustments, auxiliary aids, services and/or instruction as used in Section 56005 means any service or classroom instruction that is above and beyond the regular services or instruction offered by the college. These classes, activities, or services are offered to enable the student with an educational limitation (see Section 56004) due to a disability to fully benefit an equal opportunity to access the offerings of the college.
Documentation
Documentation that the support services or instruction academic adjustments, auxiliary aids, services and/or instruction are related to the student’s educational limitation (see Section 56004) should be part of the Student Educational Contract Educational Accommodations Plan (see Section 56022).
SECTION 56006. Regulation. Determination of Eligibility.
(a) In order to be eligible for support services or instructionacademic adjustments, auxiliary aids, services and/or instruction authorized under this subchapter, a student with a disability must have an impairment which is verified pursuant to subdivision (b) which results in an educational limitation identified pursuant to subdivision (c) of this section.
(b)The existence of an impairment may be verified, using procedures prescribed by the Chancellor, by one of the following means:
(1)observation by DSPS professional staff with review by the DSPS coordinator;
(2)assessment by appropriate DSPS professional staff; or
(3)review of documentation provided by appropriate agencies or certified or licensed professionals outside of DSPS.
(c)The student’s educational limitations must be identified by appropriate DSPS professional staff and described in the Student Educational Contract (SEC)Educational Accommodations Plan required pursuant to Section 56022. Eligibility for each service provided must be directly related to an educational limitation consistent with Section 56000(b) and Section 56004.
Note: Authority cited: Sections 67312, 70901, and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
Implementation guideline
Section 56006 requires that every student participating in the DSPS program must have a verified disability. These procedures outline accepted practices and are intended as a guide to the college in the development of local DSPS policies and procedures which must meet regulatory requirements.
Determination of disability should be performed in one of three ways:
1)Personal observation bya DSPS professional staff member (counselor, coordinator, or professional certificateddisability specialist in conjunction with the student self report, may verify the existence of an observable disability. Use of this procedure is limited to conditions that can be seen externally, e.g., quadriplegia, paraplegia, amputation, cerebral palsy. This observationmust be documented in the student’s file and state the observed disability and educational limitation(s) of the student;
or
(2)a staff member who is licensed or certified in a professional field to diagnose specified conditions may verify the existence of a disability. The diagnosis must be documented in the student’s file with a statement of the student’s educational limitation(s).
or
a)(3)DSPS professional staff, with review by the DSPS coordinator, may verify a student’s disability based on existing documentation from another public or private non-profit agency serving people with disabilities such as Department of Rehabilitation, K-12, independent living center, disability specific agency, DMV, Social Security, etc. Emphasis should be given to the quality of the documentation rather than recency.