BILL NUMBER: SB 1369 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Block
FEBRUARY 21, 2014
An act to amend Section 78214 of, to amend, renumber, and add
Section 84850 of, to amend the heading of Article 6 (commencing with
Section 84850) of Chapter 5 of Part 50 of Division 7 of Title 3 of,
and to add Section 84852 to, the Education Code, relating to
community colleges.
LEGISLATIVE COUNSEL'S DIGEST
SB 1369, as introduced, Block. Community colleges: Disability
Services Program.
(1) 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 colleges for state-funded services. Existing law requires
these regulations to provide for the apportionment of funds to each
community college district to offset the direct excess cost, as
defined, of providing specialized support services or instruction, or
both, to disabled students enrolled in state-supported educational
programs or courses.
This bill would recast these requirements as the Disability
Services Program and would use the term "students with disabilities"
instead of disabled students. The bill would instead require 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 costs, as defined, of ensuring that students with
disabilities enrolled in state-supported programs or courses receive
academic adjustments, auxiliary aids and services that are required
by federal and state nondiscrimination laws. In utilizing funds
apportioned to a community college district, the bill would require
the district to give priority to ensuring that requirements of
federal and state nondiscrimination laws have been satisfied with
respect to students with disabilities who enroll for specified
purposes. The bill would authorize a district to use these funds to
provide other specialized services or to offer special classes for
students with disabilities so long as specified conditions are met.
The bill would also prohibit a district from using these funds for
specified purposes.
(2) Existing law, known as the Seymour-Campbell Student Success
Act of 2012, was enacted for the purpose of increasing California
community college access and success by providing effective core
matriculation services of orientation, assessment and placement,
counseling, and other education planning services, and academic
interventions. The act specifies the responsibilities of students and
institutions in entering into the matriculation process. The act
requires the board of governors to develop a formula for allocating
funding for the Student Success and Support Program that would be
implemented under the act. The act provides that, in the 2012-13
fiscal year and each fiscal year thereafter, it is operative only if
funds are specifically appropriated for its purposes.
This bill would require a district to pay for the costs of
providing programmatic adjustments or auxiliary aids and services
required by federal and state nondiscrimination laws from funds made
available to the Student Success and Support Program in the annual
Budget Act. The bill would authorize a district to have certain
services that are authorized by the Student Success and Support
Program delivered to students with disabilities through the
Disability Services Program. The bill would require each district to
transfer funds, from its Student Success and Support Program to its
Disability Services Program, in an amount sufficient to cover the
costs of these services and the cost of coordinating the delivery of
these services to students with disabilities participating in both of
these programs, as prescribed. By June 30 of each fiscal year, the
bill would require a district to report to the chancellor the amount
of funding transferred to the Disability Services Program and the
number of students receiving these services. By September 30 of each
fiscal year, for purposes of calculating that fiscal year's fund
transfer amount, the bill would require the chancellor to notify all
districts of the average statewide cost of serving all students
during the preceding fiscal year.
(3) Existing law requires all participating districts, with
assistance of the chancellor, to establish and maintain institutional
research to evaluate the effectiveness of the Student Success and
Support Program. Existing law requires the research to include
certain metrics including, among others, disaggregated data by
ethnicity, gender, disability, age, and socioeconomic status, to the
extent the information is available.
This bill would require a district to report a student
participating in the Student Success and Support Program as having a
disability if the student participates in the Disability Services
Program.
To the extent that the bill would impose new duties on community
college districts, it would constitute a state-mandated local
program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 78214 of the Education Code is amended to read:
78214. (a) All participating districts shall, with the assistance
of the chancellor, establish and maintain institutional research to
evaluate the effectiveness of the Student Success and Support Program
described by this article and of any other programs or services
designed to facilitate students' completion of their educational
goals and courses of study.
(b) The metrics for this research shall include, but not be
limited to:
(1) Prior educational experience, including transcripts when
appropriate, as determined by the chancellor.
(2) Educational goals and courses of study.
(3) Criteria for exemption from orientation, assessment, or
required counseling or advisement, if applicable.
(4) Need for financial assistance.
(5) (A) Disaggregated data by ethnicity,
gender, disability, age, and socioeconomic status, to the extent this
information is available.
(B) For purposes of this paragraph, unless the chancellor
establishes a different approach for reporting disability status, a
district shall report a student as having a disability if the student
participates in the Disability Services Program established pursuant
to Article 6 (commencing with Section 84850) of Chapter 5 of Part
50.
(6) Academic performance, such as the completion of specified unit
thresholds, success in basic skills courses, grade point average,
course completion outcomes, transfer readiness, and degree and
certificate completion.
(7) Any additional information that the chancellor finds
appropriate.
(c) The evaluation provided for by this section shall include an
assessment of the effectiveness of the programs and services in
attaining at least the following objectives:
(1) Helping students to define their academic and career goals and
declare a course of study.
(2) Assisting institutions in the assessment of students'
educational needs and valid course placement.
(3) Helping support students' successful course completion and
goal attainment.
(4) Matching institutional resources with students' educational
needs.
SEC. 2. The heading of Article 6 (commencing with Section 84850)
of Chapter 5 of Part 50 of Division 7 of Title 3 of the Education
Code is amended to read:
Article 6. Handicapped Students The
Disability Services Program
SEC. 3. Section 84850 of the Education Code is amended and
renumbered to read:
84850. 84851. (a) The Board
of Governors of the California Community Colleges
board of governors shall adopt rules and regulations for the
administration and funding of educational programs and support
services to be provided to disabled students
students with disabilities by community college
districts pursuant to Chapter 14.2 Article 3
(commencing with Section 67310) of Chapter 14 of
Part 40. This program shall be known and may be cited
as the Disability Services Program.
(b) As used in this section, "disabled students" are
persons with exceptional needs enrolled article, a
student with a disability is a person who is enrolled , or
has been admitted and is planning to enroll, in one or more courses
at a community college who, because of a
and has been verified disability, cannot fully
benefit from classes, activities, and services regularly provided by
the college without specific additional specialized services or
educational programs. as being an individual with a
disability within the meaning of the Americans with Disabilities Act
of 1990, as amended (42 U.S.C. Sec. 12101 et seq.).
(c) (1) The regulations adopted by the board
of governors shall 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 ensuring that students
with disabilities enrolled in state-supported educational
programs or courses. Direct courses receive
academic adjustments, auxiliary aids and services that are required
by federal and state nondiscrimination laws, including, but not
limited to:
(A) The Americans with Disabilities Act of 1990, as amended (42
U.S.C. Sec. 12101 et seq.).
(B) Section 504 of the Rehabilitation Act of 1973, as amended, (29
U.S.C. Sec. 794).
(C) Article 9.5 (commencing with Section 11135) of Chapter 1 of
Part 1 of Division 3 of Title 2 of the Government Code.
(D) The California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of Title 2 of the
Government Code).
(1) The average cost to the district of providing services to
nondisabled students times the number of students served by disabled
student programs and services.
(2)
(2) Direct excess costs are those actual fixed, variable, and
one-time costs, as defined in Section 67311, that exceed the combined
total of the following:
(A) The indirect cost to the district of providing
facilities and support for the administration of disabled
student programs and services. services for students
with disabilities.
(3)
(B) The revenue derived from average daily attendance
in special classes.
(4)
(C) Any other funds for serving disabled
students which with disabilities
that the district receives from federal, state, or local
sources.
(d) (1) In utilizing funds provided pursuant to this section, a
district shall give priority to ensuring that the requirements of
federal and state nondiscrimination laws have been satisfied with
respect to students with disabilities who enroll to earn degrees,
career technical certificates, transfer preparation, or career
development or advancement. However, the district remains responsible
for complying with the requirements of federal and state
nondiscrimination laws with respect to other students and students
pursuing other educational objectives.
(2) In addition, a district may also use funds allocated pursuant
to this section to provide other specialized services or to offer
special classes for students with disabilities so long as these
services or classes satisfy all of the following conditions:
(A) They are consistent with the regulations adopted by the board
of governors.
(B) They further the goal established in Section 67310 of
promoting the independence of students with disabilities and the
maximum integration of these students with other students.
(C) They are provided in the most integrated setting possible.
(e) A district shall not use funds allocated pursuant to this
section for either of the following:
(1) To provide services for students with disabilities
participating in classes, courses, or educational programs that do
not receive state support.
(2) To provide programmatic adjustments or auxiliary aids and
services, as required by federal and state nondiscrimination laws,
that students with disabilities need in order to participate in or
receive the full benefit of the Student Success and Support Program
established pursuant to Article 1 (commencing with Section 78210) of
Chapter 2 of Part 48.
(d)
(f) As a condition of receiving funds pursuant to this
section, each community college district shall certify that
reasonable efforts have been made to utilize all funds from federal,
state, or local sources which that 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.
(e)
(g) The board of governors may authorize the
chancellor, consistent with the requirements the board may impose, to
designate up to 3 percent of the funds allocated pursuant to this
section for program development and program accountability.
SEC. 4. Section 84850 is added to the Education Code, to read:
84850. The Legislature finds and declares all of the following:
(a) The Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), and other federal and state nondiscrimination laws
require community college districts to provide academic and
programmatic adjustments, auxiliary aids, and other services
necessary to ensure that students with disabilities are able to
participate in and fully benefit from all programs and activities
operated by those districts.
(b) The board of governors, the California Student Aid Commission,
and other state agencies are responsible for distributing state and
federal funding to community college districts.
(c) As a result, the state shares the responsibility with
community college districts for ensuring that students with
disabilities are able to fully participate in and benefit from the
programs and activities operated by community college districts in
accordance with the requirements of federal and state
nondiscrimination laws.
(d) By enacting the Seymour-Campbell Student Success Act of 2012,
the Legislature has recognized the importance of ensuring that all
students, including students with disabilities, have the resources
and support services necessary to establish and achieve their
educational goals while attending a community college.
(e) The Legislature recognizes that programmatic adjustments,
auxiliary aids, and other services may be needed in order for
students with disabilities to be able to participate in and fully
benefit from the Student Success and Support Program and that
providing these adjustments and services will result in additional
costs and workload for community college districts.
(f) In order to meet the requirements of federal and state
nondiscrimination laws and to further the implementation of the
Seymour-Campbell Student Success Act of 2012, it is essential that
the Student Success and Support Program and the Disability Services
Program in each community college district effectively coordinate the
provision of services to students with disabilities and that funding
provided for the Student Success and Support Program be available to
cover the costs of ensuring that students with disabilities are able
to fully participate in and benefit from the Student Success and
Support Program.
SEC. 5. Section 84852 is added to the Education Code, to read:
84852. (a) The cost of providing programmatic adjustments or
auxiliary aids and services, as required by federal and state
nondiscrimination laws, that students with disabilities need in order
to participate in or receive the full benefit of the Student Success
and Support Program, authorized pursuant to Article 1 (commencing
with Section 78210) of Chapter 2 of Part 48, shall be paid from the
funds made available for that program in the annual Budget Act.
(b) A district may arrange to have tutoring, counseling,
educational planning, or other student success services, as
authorized by Section 78212 and reported for funding pursuant to
Section 78216, delivered to students with disabilities through the
Disability Services Program so that these services may be tailored to
meet the needs of students with disabilities while also permitting
those students to participate in and receive the full benefit of the
Student Success and Support Program.
(c) A district shall transfer from its Student Success and Support
Program to its Disability Services Program funds sufficient to cover
the costs of services provided pursuant to subdivisions (a) and (b)
and the cost of coordinating the delivery of those services to
students with disabilities participating in both the Disability
Services Program and the Student Success and Support Program. This
amount shall be equal to or greater than the average statewide cost
of serving all students in the Student Success and Support Program
for the preceding fiscal year, as determined by the chancellor
pursuant to subdivision (e), times the number of students receiving
services pursuant to subdivisions (a) and (b).
(d) By June 30 of each fiscal year, each district shall report to
the chancellor the amount of funding transferred from the Student
Success and Support Program to the Disability Services Program
pursuant to subdivision (c) along with the number of students
receiving services pursuant to subdivisions (a) and (b).
(e) By September 30 of each fiscal year, the chancellor shall
notify all districts of the average statewide cost of serving all
students in the Student Success and Support Program during the
preceding fiscal year.
(f) Notwithstanding the requirements of this section, any student
who, consistent with Section 67313, declines to participate in the
Disability Services Program shall receive any programmatic
adjustments or auxiliary aids and services necessary to participate
in the Student Success and Support Program directly from that program
using funds appropriated for the Student Success and Support Program
through the annual Budget Act.
(g) Compliance with the requirements of this section shall be a
minimum condition for receipt of state aid. Any individual or
organization may file a complaint with the chancellor alleging that a
district has violated the requirements of this section. Upon
receiving a complaint, the chancellor shall investigate the complaint
and, if a violation is found, take appropriate enforcement action.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.