BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 2791             
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          |Author:    |Medina                                               |
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          |Version:   |March 29, 2016                          Hearing      |
          |           |Date:   June 8, 2016                                 |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Kathleen Chavira                                     |
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          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.  







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          (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.  

          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  








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               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.  

          3)   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 --








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