Amended in Senate April 10, 2014

Senate Bill No. 1369

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 begin delete aids end delete begin insert aids, end insert 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 begin delete special classes end delete begin insert educational assistance courses end insert for students with disabilities so long as specified conditions are met. The bill would also prohibit a district from using these funds begin delete for specified purposes. end delete begin insert 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 end insert begin insert 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. end insert

begin delete

(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.

end delete begin delete

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.

end delete begin delete

(3)

end delete

begin insert ( end insert begin insert 2) end insert  Existing law requires all participating districts, with begin insert the end insert assistance of the chancellor, to establish and maintain institutional research to evaluate the effectiveness of the Student Success and Support Program begin insert implemented under the Seymour-Campbell Student Success Act of 2012 end insert . Existing law requires the research to include certain metrics including, among others, begin delete disaggregated end delete begin insert desegregated end insert 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.

begin delete

(4)

end delete

begin insert (3) end insert  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)  begin delete Disaggregated end delete begin insert Desegregated end insert 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

 

begin delete

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.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 84850 of the end insert begin insert Education Code end insert begin insert is amended and end insert
begin insert renumbered to read: end insert

begin delete 84850. end delete
begin insert 84851. end insert   

(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 begin delete disabled end delete students begin insert with disabilities end insert by
community college districts pursuant to begin delete Chapter 14.2 end delete begin insert Article 3 end insert
(commencing with Section 67310) begin insert of Chapter 14 end insert of Part 40. begin insert This
program shall be known and may be end insert begin insert cited as the Disability Services
Program. end insert

(b) As used in this begin delete section, “disabled students” are persons with
exceptional needs enrolled end delete begin insert article, a student with a disability is a end insert
begin insert person who is enrolled, or has been admitted and is planning to end insert
begin insert enroll, in one or more courses end insert at a community college begin delete who,
because of a end delete begin insert and has been end insert verified begin delete disability, cannot fully benefit
from classes, activities, and services regularly provided by the
college without specific additional specialized services or
educational programs. end delete begin insert as being an individual with a disability end insert
begin insert within the meaning of the Americans with Disabilities Act of 1990, end insert
begin insert as amended (42 U.S.C. Sec. 12101 et seq.). end insert

(c)  begin insert (1) end insert begin insert   end insert 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 begin delete providing specialized
support services or instruction, or both, to disabled end delete begin insert ensuring that end insert
students begin insert with disabilities end insert enrolled in state-supported educational
programs or begin delete courses. Direct end delete begin insert courses receive academic adjustments, end insert
begin insert auxiliary aids, and services that are required by federal and state end insert
begin insert nondiscrimination laws, including, but not limited to: end insert

begin insert

(A) The Americans with Disabilities Act of 1990, as amended
(42 U.S.C. Sec. 12101 et seq.).

end insert begin insert

(B) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. Sec. 794).

end insert begin insert

(C) Article 9.5 (commencing with Section 11135) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code.

end insert begin insert

(D) The Equity in Higher Education Act (Chapter 4.5
(commencing with Section 66250) of Part 40 of Division 5).

end insert

begin insert (2) end insert begin insert   end insert begin insert Direct end insert excess costs are those actual fixed, variable, and
one-time costs, as defined in Section begin delete 67312, which end delete begin insert 67311, that end insert
exceed the combined total of the following:

begin delete

(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.

end delete begin delete end delete begin delete

(2) 

end delete

begin insert ( end insert begin insert A) end insert  The indirect cost to the begin insert community college end insert district of
providing facilities and support for the administration of begin delete disabled
student programs and services. end delete begin insert services for students with
disabilities. end insert

begin delete

(3)

end delete

begin insert ( end insert begin insert B) end insert  The revenue derived from begin delete average daily attendance in special
classes. end delete begin insert full-time equivalent students enrolled in educational
assistance courses for students with disabilities. end insert

begin insert

(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.

end insert begin delete

(4)

end delete

begin insert ( end insert begin insert D) end insert  Any other funds for serving begin delete disabled students which end delete
begin insert students with disabilities that end insert the district receives from federal,
state, or local sources.

begin insert

(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.

end insert begin insert

(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:

end insert begin insert

(A) They are consistent with the regulations adopted by the
board of governors.

end insert begin insert

(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.

end insert begin insert

(C) They are provided in the most integrated setting possible.

end insert begin insert

(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.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert f) end insert  As a condition of receiving funds pursuant to this section,
each community college district shall begin delete certify end delete begin insert do all of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert The community college district shall certify end insert that reasonable
efforts have been made to utilize all funds from federal, state, or
local sources begin delete which end delete begin insert that end insert are available for serving disabled students.
begin delete Districts shall also provide end delete

begin insert (2) end insert begin insert   end insert begin insert The community college district shall provide end insert the
programmatic and fiscal information concerning programs and
services for begin delete disabled end delete students begin insert with disabilities end insert that the regulations
of the board of governors require.

begin insert

(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.

end insert begin insert

(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.

end insert begin delete

(e)

end delete

begin insert ( end insert begin insert h) end insert  The board of governors may authorize the chancellor,
consistent with the requirements the board may impose, to
designate up to begin delete 3 end delete begin insert an additional 2 end insert begin insert 1⁄2 end insert 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 begin insert community college end insert 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)  begin delete In order end delete begin insert It is the end insert begin insert 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 end insert to meet the requirements of federal and state
nondiscrimination laws and to further begin delete 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 end delete
begin insert their participation in end insert the Student Success and Support Program.

begin delete

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.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 84852 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 84852. end insert   

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.

end insert

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.