BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1369
                                                                  Page  1

          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 1369 (Block) - As Amended:  August 4, 2014 

          Policy Committee:                             Higher  
          EducationVote:13-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes 

           SUMMARY  

          This bill renames the provision of services to community college  
          students with disabilities as the Disability Services Program  
          (DSP) and makes several program modifications. Specifically,  
          this bill:

          1)Changes the purpose of program 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 the Americans with  
            Disabilities Act (ADA).

          2)Requires community college districts to prioritize the use of  
            funds received under the program to ensure that federal and  
            state nondiscrimination law requirements are satisfied for  
            those students with disabilities who are enrolled to e arn  
            degrees, career technical certificates, transfer preparation,  
            or career development or advancement.

          3)Prohibits a district from using DSP funds to assist students  
            in courses or educational programs that do not receive state  
            support.

          4)Requires the Chancellor of California Community Colleges (CCC)  
            to use the lesser of $300,000 or 0.25% of annual DSP funding  
            to evaluate the program's effectiveness, including whether the  
            requirements of this bill are being met.

          5)Requires each district operating a DSP program to participate  








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            in a peer-based evaluation during the self-study year of each  
            accreditation cycle. 

          6)Authorizes the CCC Board of Governors to allocate up to 2.75%  
            of DSP funds for program development and program  
            accountability.

          7)States legislative intent that adequate funding  shall be  
            provided to DSP to ensure that each college is able to provide  
            students with disabilities the services needed to meet the  
            requirements of federal and state nondiscrimination laws and  
            to further their participation in the Student Success and  
            Support Program.

           FISCAL EFFECT  

          Fulfilling legislative intent to adequately fund DSP creates  
          significant cost pressure to maintain or increase funding for  
          this program at the expense of other CCC programs and funding,  
          even in difficult budget years. During the state's economic  
          downturn, appropriations for DSP declined by 40%, to $69  
          million. With the state's recovery, DSP funding has rebounded to  
          $114.2 million for 2014-15.  

          Ongoing costs of almost $300,000 to the Chancellor's Office for  
          three staff to visit and evaluate campus DSP programs every five  
          years (about 19 per year), and ongoing total costs of around  
          $125,000 to visited campuses. (An existing state mandate and  
          BOG-adopted regulations requiring an evaluation of each campus's  
          DSP program at least once every five years. The Chancellor's  
          Office has not been meeting this mandate due to budget  
          reductions.)

           COMMENTS  

           1)Background  . The 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.  
            Additionally, many colleges provide specialized instruction as  
            part of their DSPS program. Examples include: test-proctoring;  
            assessment for learning disabilities; specialized counseling;  
            interpreter or captioning services for hearing-impaired or  
            deaf students; mobility assistance; note-taker, reader, speech  
            and transcription services; on-campus transportation;  








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            specialized tutoring; access to adaptive equipment; job  
            development/placement; and registration assistance. 

           2)Purpose  . This bill updates antiquated terminology and  
            re-designates the DSPS programs as the DSP. According to the  
            author, this bill is intended to align statutes regarding the  
            provision of services to students with disabilities with the  
            federal ADA. It would also align the DSPS program with the  
            Seymour-Campbell Student Success Act of 2012 by requiring  
            colleges to give priority to serving students with  
            disabilities who enroll to earn degrees, career technical  
            certificates, transfer preparation or career advancement.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081