BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1369|
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THIRD READING
Bill No: SB 1369
Author: Block (D)
Amended: 5/27/14
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 4/24/14
AYES: Liu, Wyland, Block, Galgiani, Hancock, Hueso, Huff,
Monning
NO VOTE RECORDED: Correa
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Disability Services Program
SOURCE : California Association for Postsecondary Education
and Disability
DIGEST : This bill requires that the Board of Governors (BOG)
of the California Community Colleges (CCCs) rules and
regulations provide for the use of Disability Services Program
(DSP) funds to ensure students receive academic adjustments,
auxiliary aids, and services required by federal and state
nondiscrimination laws; clarifies the educational programs for
which the funding can be used; expands program evaluation
requirements; and requires the Office of the Chancellor of CCC
(CCCCO) to request annual budget funding for the DSP sufficient
to meet the requirements established by this bill on a statewide
basis.
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ANALYSIS : Existing law requires the BOG of CCCs to adopt
rules and regulations for the administration and funding of
educational programs and support services to be provided to
disabled students by CCC 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 Americans with Disabilities Act (ADA) in special
classes, and other funds received from federal, state or local
sources. Existing law authorizes the BOG to authorize the
Chancellor to designate up to 3% of the funds allocated for this
purpose for program development and program accountability.
Existing law states the Legislature recognizes its
responsibility to provide and adequately fund postsecondary
programs and services for disabled students attending a public
postsecondary institution. To meet this responsibility, the
Legislature sets forth the following principles for public
postsecondary institutions and budgetary control agencies to
observe in providing postsecondary programs and services for
students with disabilities, including but not limited to:
1.The state funded activity shall be consistent with the stated
purpose of programs and services for disabled students
provided by the CCCs, the California State University (CSU),
or the University of California (UC), as governed by the
statutes, regulations, and guidelines of the CCCs, CSU, or the
UC
2.The state funded activity shall not duplicate services or
instruction that is available to all students, either on
campus or in the community.
3.The state funded activity shall be directly related to the
functional limitations of the verifiable disabilities of the
students to be served.
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4.The state funded activity shall be directly related to these
students' full access to and participation in the educational
process.
5.The state funded activity shall have as its goals the
independence of disabled students and the maximum integration
of these students with other students.
6.The state funded activity shall be provided in the most
integrated setting possible, consistent with state and federal
law, state policy and funding requirements, and missions and
policies of the postsecondary segment, and shall be based on
identified student needs.
This bill:
1. Renames the program for serving students with disabilities
as DSP, makes corresponding changes throughout this bill, and
references those served by the program as "students with
disabilities" and makes the following additional changes to
the current program:
A. Changes the purpose of the funds provided to each
district from offsetting the direct excess cost of
"providing specialized support services and instruction"
to "ensuring that these students receive academic
adjustments, auxiliary aids, and services required under
federal and state non-discrimination laws" including,
among others, the ADA.
B. Enhances the definition of direct excess costs to be
those exceeding the cost of the district to provide
"comparable" services to nondisabled students and replaces
"special classes with "educational assistance courses."
C. Modifies the types of services and courses for which
this funding can be used. Specifically it:
(1) Requires that a CCC prioritize the use of funds
received under the program to ensure that federal and
state nondiscrimination law requirements are satisfied
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for students with disabilities who are enrolled to earn
degrees, career technical certificates, transfer
preparation, or career development or advancement.
(2) Declares the district's ongoing responsibility
for complying with federal and state nondiscrimination
laws with respect to students pursuing educational
objectives other than those delineated, as specified.
(3) Authorizes the use of funds to provide other
specialized service or for educational assistance
courses if services and courses are consistent with the
BOG regulations, further specified statutory goals of
promoting student independence and maximum integration,
and they are provided in the most integrated setting
possible.
(4) Prohibits the use of these funds to provide
services to students in classes, courses, or programs
that do not receive state support.
A. Modifies program evaluation, development, and
accountability authorities and requirements. Specifically
it:
(1) Expands the requirements to be met by a
district, as a condition of receiving these funds, to
include cooperation in the conduct of program
evaluations and to promptly take any corrective action
required by the Chancellor.
(2) Requires the BOG to require the Chancellor to
use at least 1/2 of 1% of the allocated funds for
purposes of conducting, or contracting to conduct, an
evaluation of program effectiveness and expands the
requirements of the evaluation to include a
determination whether the statutory requirements
established by this bill have been satisfied.
(3) Requires each CCC operating a DSP to participate
in a peer-based onsite evaluation during the self-study
year of each accreditation cycle.
(4) Authorizes the use of these funds to compensate
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and reimburse onsite evaluation teams.
(5) Reduces the maximum amount that the Chancellor
is authorized to designate for program development and
accountability from 3% to 2.5%.
1.Requires the CCCCO to annually request sufficient budget
funding for the DSP to carry the purposes and requirements
outlined by this bill on a statewide basis.
2.Declares the Legislature's intent that adequate funding be
provided through the annual budget process to the DSP to
ensure each college can provide students with the services
needed to meet federal and state nondiscrimination law
requirements and to further their participation in the Student
Success and Support Program.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Program evaluation expansion: Up to $250,000 in CCCCO
personnel costs for two personnel years to conduct the
required evaluations, and annual travel costs of approximately
$25,000 (General Fund).
Local "costs": Setting a statutory minimum (of 0.5%) that the
CCCCO must spend on evaluations, could result in reduced
discretionary funding (within the DSP program) for community
college districts.
Cost pressure: Codifying legislative intent that adequate
finding be provided in the annual Budget Act for each CCC to
provide specified services and for the CCCCO to request annual
funding, as specified, creates substantial cost pressure to
fund the DSP accordingly.
SUPPORT : (Verified 5/27/14)
California Association for Postsecondary Education and
Disability (source)
Association of California State Employees with Disabilities
Disability Rights California
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National Association of Social Workers, California Chapter
ARGUMENTS IN SUPPORT : According to the author's office, this
bill aligns statutes regarding the provision of services to
students with disabilities with the federal ADA. It also aligns
the Disabled Student Programs and Services program with the
Student Success Act by requiring colleges to give priority to
serving students with disabilities who enroll to earn degrees,
career technical certificates, transfer preparation or career
advancement. Finally, the objective of this bill is to ensure
that colleges have the resources to provide students with
disabilities with the accommodations and services they need to
be successful in completing their educational objectives.
PQ:k 5/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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