Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2791


Introduced by Assembly Member Medina

February 19, 2016


An act to amend Section 84850 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 2791, as amended, Medina. Community colleges: Disability Services Program.

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.

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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.

end insert
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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 84850 of the Education Code is amended
2to read:

3

84850.  

(a) The Board of Governors of the California
4Community Colleges shall adopt rules and regulations for the
5administration and funding of educational programs and support
6services to be provided to disabled students by community college
7districts pursuant tobegin delete Chapter 14.2end deletebegin insert Article 3end insert (commencing with
8Section 67310)begin insert of Chapter 14end insert of Partbegin delete 40.end deletebegin insert 40 of Division 5.end insert

9(b) As used in this section, “disabled students” are persons with
10exceptional needs who have applied to or enrolled at a community
11college who, because of a verified disability, cannot fully benefit
12from classes, activities, and services regularly provided by the
13college without specific additional specialized services or
14educational programs.

15(c) The regulations adopted by the board of governors shall
16provide for the apportionment of funds to each community college
17district to offset the direct excess cost of providing specialized
18support services or instruction, or both, to disabled students
19enrolled in state-supportedbegin delete educationalend deletebegin insert disabled student servicesend insert
20 programs or courses. Direct excess costs are those actual fixed,
21variable, and one-time costs, as defined in Sectionbegin delete 67312,end deletebegin insert 67311,end insert
22 which exceed the combined total of the following:

23(1) The average cost to the district of providing services to
24nondisabled students times the number of students served by
25disabled student programs and services.

P3    1(2) The indirect cost to the district of providing facilities and
2support for the administration of disabled student programs and
3services.

4(3) The revenue derived from average daily attendance in special
5classes.

6(4) Any other funds for serving disabled students which the
7district receives from federal, state, or local sources.

8(d) As a condition of receiving funds pursuant to this section,
9each community college district shall certify that reasonable efforts
10have been made to utilize all funds from federal, state, or local
11sources which are available for serving disabled students. Districts
12shall also provide the programmatic and fiscal information
13concerning programs and services for disabled students that the
14regulations of the board of governors require.

15(e) The board of governors may authorize the chancellor,
16consistent with the requirements the board may impose, to
17designate up to 3 percent of the funds allocated pursuant to this
18section for program development and program accountability.



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