BILL NUMBER: SB 1369 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2014
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 amended, 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 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
educational assistance courses 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.
to provide services for students with disabilities
participating in classes, courses, or educational programs that do
not receive state support. As a condition of receiving these funds,
the bill would require a district to cooperate in the
conduct of program evaluations, as prescribed, and to promptly take
any corrective action required by the Chancellor of the California
Community Colleges as a result of the program evaluations. The bill
would require the board of governors to request funding for the
Disability Services Program that is sufficient to carry out the
requirements of the program on a statewide basis in the annual budget
request to the Governor and the Legislature.
(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)
( 2) Existing law requires all participating
districts, with the assistance of the chancellor, to
establish and maintain institutional research to evaluate the
effectiveness of the Student Success and Support Program
implemented under the Seymour-Campbell Student Success Act of 2012
. Existing law requires the research to include certain metrics
including, among others, disaggregated
desegregated 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)
(3) 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 Desegregated
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. The Disability Services Program
SEC. 3. Section 84850 of the Education Code is
amended and renumbered to read:
84851. (a) The board of governors shall adopt rules and
regulations for the administration and funding of educational
programs and support services to be provided to students with
disabilities by community college districts pursuant to 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 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 and has been
verified 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 ensuring that students
with disabilities enrolled in state-supported educational programs or
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).
(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 services for students with
disabilities.
(B) The revenue derived from average daily attendance in special
classes.
(C) Any other funds for serving students 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.
(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 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.
(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. 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 shall adopt rules and
regulations for the administration and funding of educational
programs and support services to be provided to disabled
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 Equity in Higher Education Act (Chapter 4.5 (commencing
with Section 66250) of Part 40 of Division 5).
(2) Direct excess costs are those
actual fixed, variable, and one-time costs, as defined in Section
67312, which 67311, that exceed the
combined total of the following:
(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)
( A) The indirect cost to the community
college 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. full-time
equivalent students enrolled in educational assistance courses for
students with disabilities.
(C) The average cost to the community college district of
providing comparable services to nondisabled students times the
number of students served by the Disability Services Program.
(4)
( D) Any other funds for serving
disabled students which students with disabilities
that the district receives from federal, state, or local
sources.
(d) (1) In utilizing funds provided pursuant to this section, a
community college 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 community college
district remains responsible for complying with the requirements of
federal and state nondiscrimination laws with respect to students
with disabilities pursuing other educational objectives.
(2) In addition, a community college district may also use funds
allocated pursuant to this section to provide other specialized
services or to offer educational assistance courses for students with
disabilities so long as these services or courses 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 community college district shall not use funds allocated
pursuant to this section to provide services for students with
disabilities participating in classes, courses, or educational
programs that do not receive state support.
(d)
( f) As a condition of receiving funds
pursuant to this section, each community college district shall
certify do all of the following:
(1) The 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
(2) The community college district
shall provide the programmatic and fiscal information
concerning programs and services for disabled
students with disabilities that the regulations of the
board of governors require.
(3) The community college district shall cooperate in the conduct
of program evaluations conducted pursuant to subdivision (g) and
promptly take any corrective actions required by the chancellor as a
result of those evaluations.
(g) The board of governors shall require the chancellor to use an
amount not less than one-half of 1 percent of the funds allocated
pursuant to this section to conduct, or to contract to conduct, an
evaluation of program effectiveness as required pursuant to Section
67312. In addition to addressing the requirements of Section 67312,
the evaluations shall determine whether the requirements of this
article and those set forth in the regulations adopted by the board
of governors have been satisfied. Each community college operating a
program pursuant to this section shall be required to participate in
a peer-based onsite evaluation during the self-study year of each
accreditation cycle. Funds designated for program evaluation purposes
under this subdivision may be used to, among other things,
compensate and reimburse onsite evaluation teams.
(e)
( h) The board of governors may authorize
the chancellor, consistent with the requirements the board may
impose, to designate up to 3 an additional 2
1/2 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 community college 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 It is the intent
of the Legislature that adequate funding shall be provided to the
Disability Services Program through the annual budget process to
ensure that each community college is able to provide students with
disabilities the services needed 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 their participation in 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. 5. Section 84852 is added to the
Education Code , to read:
84852. In its annual budget request for the California Community
Colleges to the Governor and the Legislature, the Board of Governors
of the California Community Colleges shall request funding for the
Disability Services Program sufficient to carry out the purposes and
requirements of this article on a statewide basis.
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.