Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law states the intent of the Legislature that the public postsecondary institutions request, and the state provide, through the state budget process, funds to cover the actual cost of providing services and instruction, consistent with specified principles, to disabled students in their respective postsecondary institutions.

Existing law requires the board of governors to adopt rules and regulations for the administration and funding of educational programs and support services provided to disabled students by community college districts. Existing law defines disabled students, for these purposes, as persons with exceptional needs enrolled at a community college who meet specified criteria.

This bill would expand that definition of disabled students, for these purposes, to include persons with exceptional needs who have applied to, but are not enrolled at, a community college and meet that criteria.

Existing law requires the regulations adopted by the board of governors to provide for the apportionment of funds to each community college district to offset the direct excess cost of providing specialized support services or instruction, or both, to disabled students enrolled in state-supported educational programs or courses.

This bill would require the regulations adopted by the board to provide funds to offset those costs of providing services or instruction, or both, to disabled students enrolled in state-supported disabled student services programs or courses, instead of state-supported educational programs or courses. The bill also would correct cross-references.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law states the intent of the Legislature that the public postsecondary institutions request, and the state provide, through the state budget process, funds to cover the actual cost of providing services and instruction, consistent with specified principles, to disabled students in their respective postsecondary institutions.

Existing law requires the board of governors to adopt rules and regulations for the administration and funding of educational programs and support services provided to disabled students by community college districts. Existing law defines disabled students, for these purposes, as persons with exceptional needs enrolled at a community college who meet specified criteria.

This bill would expand that definition of disabled students, for these purposes, to include persons with exceptional needs who have applied to, but are not enrolled at, a community college and meet that criteria.

Existing law requires the regulations adopted by the board of governors to provide for the apportionment of funds to each community college district to offset the direct excess cost of providing specialized support services or instruction, or both, to disabled students enrolled in state-supported educational programs or courses.

This bill would require the regulations adopted by the board to provide funds to offset those costs of providing services or instruction, or both, to disabled students enrolled in state-supported disabled student services programs or courses, instead of state-supported educational programs or courses. The bill also would correct cross-references.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law states the intent of the Legislature that the public postsecondary institutions request, and the state provide, through the state budget process, funds to cover the actual cost of providing services and instruction, consistent with specified principles, to disabled students in their respective postsecondary institutions.

Existing law requires the board of governors to adopt rules and regulations for the administration and funding of educational programs and support services provided to disabled students by community college districts. Existing law defines disabled students, for these purposes, as persons with exceptional needs enrolled at a community college who meet specified criteria.

This bill would expand that definition of disabled students, for these purposes, to include persons with exceptional needs who have applied to, but are not enrolled at, a community college and meet that criteria.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law states the intent of the Legislature that the public postsecondary institutions request, and the state provide, through the state budget process, funds to cover the actual cost of providing services and instruction, consistent with specified principles, to disabled students in their respective postsecondary institutions.

Existing law requires the board of governors to adopt rules and regulations for the administration and funding of educational programs and support services provided to disabled students by community college districts. Existing law defines disabled students, for these purposes, as persons with exceptional needs enrolled at a community college who meet specified criteria.

This bill would expand that definition of disabled students, for these purposes, to include persons with exceptional needs who have applied to, but are not enrolled at, a community college and meet that criteria.

 CONSENT  

Bill No: AB 2791

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 9-0, 6/8/16

AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill expands the definition of “disabled students,” for purposes of apportionments to community college districts to provide educational and support services for these students, to include students who have applied to a community college and who have exceptional needs due to a verified disability.

ANALYSIS:

Existing law:

1. Requires the Board of Governors of the California Community Colleges (CCC) to adopt rules and regulations for the administration and funding of educational programs and support services to be provided to disabled students by community college districts. These regulations are required to provide for the apportionment of funding to districts to offset the direct excess cost of providing specialized support services or instruction, or both, to disabled students enrolled in state supported educational programs or courses.
2. Defines “direct excess costs” as those which exceed the combined total of the average cost to the district of providing services to non-disabled students times the number of students served in the disabled students program, the indirect cost of providing facilities and administrative support, the revenue from average daily attendance in special classes, and other funds received from federal, state or local sources. (Education Code § 84850)

This bill:

1) Expands the definition of disabled students beyond enrolled students with exceptional needs to include students with exceptional needs who have applied to a community college.

2) Authorizes the provisions of funding to districts to offset the direct excess costs of providing specialized support services or instruction, or both, for students who have applied to a community college.

3) Makes technical cross reference corrections.

Comments

1) Need for the bill. According to the author, this bill clarifies what was, until recently the longstanding practice at the CCC to provide Disability Services and Programs for Students (DSPS) services to students who have applied to a college DSPS program even though they may not yet have begun attending college courses.

In January 2016, the Chancellor’s Office issued revised guidelines for implementing Title 5 DSPS regulations. Although consistent with the language of the applicable statutes, proponents are concerned that the new guidance results in districts being unable to provide services to students who have applied, but not yet enrolled in courses.

This bill aligns the statutory definition of a disabled student with the current practices of DSPS offices throughout the CCC.

2) Chancellor’s Office revised guidelines. According to the Chancellor’s Office, in its recent review and revision of guidelines, it was determined that existing law requires that a disabled student be enrolled in a class for a district to receive DSPS funding. The recent update to DSPS implementation guidelines reflects this requirement by having districts document verification of enrollment via submission of specified information in the state management information system. In some cases, this means students would be required to have attended for at least two weeks of one or more courses in order to be reported as “enrolled.”

According to the Chancellor’s Office, these students often need services before they are enrolled in a class. The enactment of this bill ensures that colleges can continue to provide vital services like registration assistance, pre-term counseling, specialized orientation, and outreach to high schools, easing the transition into college for these students.

3) DSPS. DSPS provide support services and educational accommodations to students with disabilities so that they can have full and equal access to the community college experience. In addition, many colleges provide specialized instruction as part of their DSPS program. Examples of these services include: test-proctoring; assessment for learning disabilities; specialized counseling; interpreter or captioning services for hearing-impaired or deaf students; mobility assistance; note-taker services; reader services; speech services; transcription services; on-campus transportation; specialized tutoring; access to adaptive equipment; job development/placement; registration assistance; and special parking and specialized instruction.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/27/16)

Board of Governors, California Community Colleges

California Association for Postsecondary Education and Disability

North Orange Community College District

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 6/27/16)

None received

ASSEMBLY FLOOR: 78-0, 5/12/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Burke, Jones-Sawyer

Prepared by:

6/29/16 15:50:53

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 2791

Subject: Community colleges: Disability Services Program

SUMMARY

This bill expands the definition of “disabled students,” for purposes of apportionments to community college districts to provide educational and support services for these students, to include students who have applied to a community college and who have exceptional needs due to a verified disability.

BACKGROUND

Existing law requires the Board of Governors (BOG) of the California Community Colleges to adopt rules and regulations for the administration and funding of educational programs and support services to be provided to disabled students by community college districts. These regulations are required to provide for the apportionment of funding to districts to offset the direct excess cost of providing specialized support services or instruction, or both, to disabled students enrolled in state supported educational programs or courses.

Existing law defines “direct excess costs” as those which exceed the combined total of the average cost to the district of providing services to non-disabled students times the number of students served in the disabled students program, the indirect cost of providing facilities and administrative support, the revenue from average daily attendance in special classes, and other funds received from federal, state or local sources. (Education Code § 84850)

ANALYSIS

This bill:

1. Expands the definition of disabled students beyond enrolled students with exceptional needs to include students with exceptional needs who have applied to a community college.
2. Authorizes the provisions of funding to districts to offset the direct excess costs of providing specialized support services or instruction, or both, for students who have applied to a community college.
3. Makes technical cross reference corrections.

STAFF COMMENTS

1. Need for the bill. According to the author, this bill clarifies what was, until recently the longstanding practice at the California Community Colleges (CCC) to provide Disability Services and Programs for Students (DSPS) services to students who have applied to a college DSPS program even though they may not yet have begun attending college courses.

In January 2016, the Chancellor’s Office issued revised guidelines for implementing Title 5 DSPS regulations. Although consistent with the language of the applicable statutes, proponents are concerned that the new guidance results in districts being unable to provide services to students who have applied, but not yet enrolled in courses.

This bill would align the statutory definition of a disabled student with the current practices of DSPS offices throughout the California Community Colleges.

1. Chancellor’s Office revised guidelines. According to the Chancellor’s Office, in its recent review and revision of guidelines, it was determined that existing law requires that a disabled student be enrolled in a class for a district to receive DSPS funding. The recent update to DSPS implementation guidelines reflects this requirement by having districts document verification of enrollment via submission of specified information in the state management information system. In some cases, this means students would be required to have attended for at least two weeks of one or more courses in order to be reported as “enrolled.”

According to the Chancellor’s Office, these students often need services before they are enrolled in a class. The enactment of this bill would ensure that colleges can continue to provide vital services like registration assistance, pre-term counseling, specialized orientation, and outreach to high schools, easing the transition into college for these students.

1. Disabled Student Programs and Services (DSPS) provide support services and educational accommodations to students with disabilities so that they can have full and equal access to the community college experience. In addition, many colleges provide specialized instruction as part of their DSPS program. Examples of these services include: test-proctoring; assessment for learning disabilities; specialized counseling; interpreter or captioning services for hearing-impaired or deaf students; mobility assistance; note-taker services; reader services; speech services; transcription services; on-campus transportation; specialized tutoring; access to adaptive equipment; job development/placement; registration assistance; and special parking and specialized instruction.

SUPPORT

Board of Governors, California Community Colleges

California Association for Postsecondary Education and Disability

North Orange Community College District

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION

None received.

-- END --

Date of Hearing: May 4, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2791

Author:(Medina) – As Amended Ver:March 29, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill, for purposes of apportionment to the California Community Colleges (CCC) educational programs and support services for disabled students, defines disabled students for whom funded services can be provided to include not only students enrolled at a community college, but those who have applied to a CCC.

FISCAL EFFECT:

No fiscal impact, as the bill is a clarification of longstanding practice at the CCC.

COMMENTS:

Background and Purpose. In 2015, the CCC Chancellor's Office issued implementing guidelines to districts, citing Section 56062 of Title 5 of the California Code of Regulations, which requires a person with a disability to be enrolled at a CCC to qualify for DSPS. While this interpretation and regulation appears consistent with statute, the new directive raised concerns within the disabled student services community that this guidance may result in CCC districts not providing services to students who have applied but have not yet "enrolled" in courses.

This bill would specify a practice that, according to supporters has been mutually agreed upon for decades, allows DSPS programs at CCC districts to provide services to students who have applied to and enrolled in a college DSPS program to be considered "disabled purposes", even though they may not yet have started attending courses at the college.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 19, 2016

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 2791 (

Author:Medina) – As Amended Ver:March 29, 2016

SUBJECT: Community colleges: Disability Services Program

SUMMARY: For purposes of apportionment to the California Community Colleges (CCC) educational programs and support services for disabled students, defines disabled students for whom funded services can be provided to include students who have applied to a CCC and enrolled in disabled student services programs or courses.

EXISTING LAW:

1. Requires the CCC Board of Governors (BOG) to adopt rules and regulations for the administration and funding of educational programs and support services (Disabled Student Programs and Services (DSPS)) to be provided to disabled students by CCC districts.
2. Defines disabled students to be persons with exceptional needs who have enrolled at a CCC who, because of a verified disability, cannot fully benefit from classes, activities, and services regularly provided by the CCC without specific additional specialized services.
3. Provides that the BOG regulations shall provide for the apportionment of funds to each CCC district to offset the direct excess cost of providing specialized support services or instruction, or both, to disabled students enrolled in state-supported programs or courses.
4. Provides, as a condition of receiving funds pursuant to this section, each CCC district shall certify that reasonable efforts have been made to utilize all funds from federal, state, or local sources which are available for serving disabled students. Districts shall also provide the programmatic and fiscal information concerning programs and services for disabled students that the regulations of the board of governors require.

FISCAL EFFECT: Unknown.

COMMENTS: Purpose of this bill. In 2015, the CCC Chancellor's Office issued implementing guidelines to districts, citing Section 56062 of Title 5 of the California Code of Regulations, which requires a person with a disability to be enrolled at a CCC to qualify for DSPS. While this interpretation and regulation appears consistent with statute, the new directive raised concerns within the disabled student services community that this guidance may result in CCC districts not providing services to students who have applied but have not yet "enrolled" in courses.

According to the author, "this guidance creates a conflict between the services that must be provided by the college for students with disabilities and the funding mechanism for the bulk of those services. Federal and state laws and regulations require that services be provided for students in a timely and effective manner. In order to do that, the DSPS programs must provide some services before an academic term begins. If a student is blind and needs their books in Braille the DSPS office generally must be working on that task for weeks to have the books ready by the beginning of the course. If someone is deaf and needs a sign language interpreter, the DSPS office must meet with the student and schedule those services ahead of time. For students coming directly out of high school special education programs, many students need multiple interactions with DSPS staff to determine appropriate services and to explain processes and procedures in order for the student to have services ready as soon as their classes begin."

This bill would specify a practice that, according to supporters has been mutually agreed upon for decades, allows DSPS programs at CCC districts to provide services to students who have applied to and enrolled in a college DSPS program to be considered "disabled purposes", even though they may not yet have started attending courses at the college.

REGISTERED SUPPORT / OPPOSITION:

Support

The Arc and United Cerebral Palsy California Collaboration

North Orange County Community College District

Opposition

None on File

Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 2791 (

Author:Medina) – As Amended Ver:March 29, 2016

SUBJECT: Community colleges: Disability Services Program

SUMMARY: For purposes of apportionment to the California Community Colleges (CCC) educational programs and support services for disabled students, defines disabled students for whom funded services can be provided to include students who have applied to a CCC and enrolled in disabled student services programs or courses.

EXISTING LAW:

1. Requires the CCC Board of Governors (BOG) to adopt rules and regulations for the administration and funding of educational programs and support services (Disabled Student Programs and Services (DSPS)) to be provided to disabled students by CCC districts.
2. Defines disabled students to be persons with exceptional needs who have enrolled at a CCC who, because of a verified disability, cannot fully benefit from classes, activities, and services regularly provided by the CCC without specific additional specialized services.
3. Provides that the BOG regulations shall provide for the apportionment of funds to each CCC district to offset the direct excess cost of providing specialized support services or instruction, or both, to disabled students enrolled in state-supported programs or courses.
4. Provides, as a condition of receiving funds pursuant to this section, each CCC district shall certify that reasonable efforts have been made to utilize all funds from federal, state, or local sources which are available for serving disabled students. Districts shall also provide the programmatic and fiscal information concerning programs and services for disabled students that the regulations of the board of governors require.

FISCAL EFFECT: Unknown.

COMMENTS: Purpose of this bill. In 2015, the CCC Chancellor's Office issued implementing guidelines to districts, citing Section 56062 of Title 5 of the California Code of Regulations, which requires a person with a disability to be enrolled at a CCC to qualify for DSPS. While this interpretation and regulation appears consistent with statute, the new directive raised concerns within the disabled student services community that this guidance may result in CCC districts not providing services to students who have applied but have not yet "enrolled" in courses.

According to the author, "this guidance creates a conflict between the services that must be provided by the college for students with disabilities and the funding mechanism for the bulk of those services. Federal and state laws and regulations require that services be provided for students in a timely and effective manner. In order to do that, the DSPS programs must provide some services before an academic term begins. If a student is blind and needs their books in Braille the DSPS office generally must be working on that task for weeks to have the books ready by the beginning of the course. If someone is deaf and needs a sign language interpreter, the DSPS office must meet with the student and schedule those services ahead of time. For students coming directly out of high school special education programs, many students need multiple interactions with DSPS staff to determine appropriate services and to explain processes and procedures in order for the student to have services ready as soon as their classes begin."

This bill would specify a practice that, according to supporters has been mutually agreed upon for decades, allows DSPS programs at CCC districts to provide services to students who have applied to and enrolled in a college DSPS program to be considered "disabled purposes", even though they may not yet have started attending courses at the college.

REGISTERED SUPPORT / OPPOSITION:

Support

The Arc and United Cerebral Palsy California Collaboration

Opposition

None on File

Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960