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Assembly Bill 746 (Chapter 829, Statutes of 1987)

STATUTES OF 1987

Assembly Bill 746

CHAPTER 829

An act to amend and renumber the heading of Chapter 14 (commencing with Section 67320) of, and to add Chapter 14.2 (commencing with Section 67310) to, Part 40 of the Education Code, relating to postsecondary education. Approved by Governor September 19, 1987. Filed with Secretary of State September 21, 1987.]

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

SECTION 1. Chapter 14.2 (commencing with Section 67310) is added to Part 40 of the Education Code, to read: CHAPTER 14.2. STATE FUNDED DISABLED STUDENT PROGRAMS AND SERVICES

67310.
    (a) The Legislature finds and declares that equal access to public postsecondary education is essential for the full integration of persons with disabilities into the social, political, and economic mainstream of California. The Legislature recognizes the historic under-representation of disabled students in postsecondary programs and the need for equitable efforts that enhance the enrollment and retention of disabled students in public colleges and universities in California.
    (b) The Legislature recognizes its responsibility to provide and adequately fund postsecondary programs and services for disabled students attending a public postsecondary institution.
    (c) 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:
    (1)The state funded activity shall be consistent with the stated purpose of programs and services for disabled students provided by the California Community Colleges, the California State University, or the University of California, as governed by the statutes, regulations, and guidelines of the community colleges, state university, or the University of California.
    (2) The state funded activity shall not duplicate services or instruction that are 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.
    (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.
    (d) It is the intent of the Legislature that, through the state budget process, the public postsecondary institutions request, and the state provide, funds to cover the actual cost of providing services and instruction, consistent with the principles set forth in subdivision (c), to disabled students in their respective postsecondary institutions.
    (e) All public postsecondary education institutions shall continue to utilize other available resources to support programs and services for disabled students as well as maintain their current level of funding from other sources whenever possible.
    (f) Pursuant to Section 67312, postsecondary institutions shall demonstrate institutional accountability and clear program effectiveness evaluations for services to students with disabilities.

67311.
   It is the desire and intent of the Legislature that, as appropriate for each postsecondary segment, funds for disabled student programs and services be based on the following three categories of costs:
    (a) Fixed costs associated with the ongoing administration and operation of the services and programs. These fixed costs are basic ongoing administrative and operational costs of campus programs that are relatively consistent in frequency from year-to-year, such as:
    (1) Access to, and arrangements for, adaptive educational equipment, materials, and supplies required by disabled students.
    (2) Job placement and development services related to the transition from school to employment.
    (3) Liaisons with campus and community agencies, including referral and follow-up services to these agencies on behalf of disabled students.
    (4) On-campus and off-campus registration assistance, including priority enrollment, applications for financial aid, and related college services.
    (5) Special parking, including on-campus parking registration, temporary parking permit arrangements, and application assistance for students who do not have state handicapped placards or license plates.
    (6) Supplemental specialized orientation to acquaint students with the campus environment.
    (7) Activities to coordinate and administer specialized services and instruction.
    (8) Activities to assess the planning, implementation, and effectiveness of disabled student services and programs. The baseline cost of these services shall be determined by the respective system and fully funded with annual adjustments for inflation and salary range changes, to the extent funds are provided.
    (b) Continuing variable costs that fluctuate with changes in the number of students or the unit load of students. These continuing variable costs are costs for services that vary in frequency depending on the needs of students, such as:
    (1) Diagnostic assessment, including both individual and group assessment not otherwise provided by the institution to determine functional, educational, or employment levels or to certify specific disabilities.
    (2) On-campus mobility assistance, including mobility training and orientation and manual or automatic transportation assistance to and from college courses and related educational activities.
    (3)Off-campus transportation assistance, including transporting students with disabilities to and from the campus in areas where accessible public transportation is unavailable, inadequate, or both.
    (4) Disability-related counseling and advising, including specialized academic, vocational, personal, and peer counseling, that is developed specifically for disabled students and not duplicated by regular counseling and advising services available to all students.
    (5) Interpreter services, including manual and oral interpreting for deaf and hard-of-hearing students.
    (6) Reader services to coordinate and provide access to information required for equitable academic participation if this access is unavailable in other suitable modes.
    (7) Services to facilitate the repair of equipment and learning assistance devices.
    (8) Special class instruction that does not duplicate existing college courses but is necessary to meet the unique educational needs of particular groups of disabled students.
    (9) Speech services, provided by licensed speech or language pathologists for students with verified speech disabilities.
    (10) Test taking facilitation, including adapting tests for and proctoring test taking by, disabled students.
    (11)Transcription services, including, but not limited to, the provision of Braille and print materials.
    (12) Specialized tutoring services not otherwise provided by the institution.
    (13) Notetaker services for writing, notetaking, and manual manipulation for classroom and related academic activities. State funds may be provided annually for the cost of these services on an actual-cost basis, including wages for the individuals providing these services and expenses for attendant supplies. Each institution shall be responsible for documenting its costs to the appropriate state agencies.
    (c) One-time variable costs associated with the purchase or replacement of equipment. One-time variable costs are one-time expenditures for the purchase of supplies or the repair of equipment, such as adapted educational materials and vehicles. State funds shall be provided for these expenses on an actual cost basis as documented by each institution.

67312.
   (a) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, for their respective systems, and the Regents of the University of California may do the following:
    (1) Work with the California Postsecondary Education Commission and the Department of Finance to develop formulas or procedures for allocating funds authorized under this chapter.
    (2) Adopt rules and regulations necessary to the operation of programs funded pursuant to this chapter.
    (3) Maintain the present inter-segmental efforts to work with the California Postsecondary Education Commission and other interested parties, to coordinate the planning and development of programs for students with disabilities, including, but not limited to, the establishment of common definitions for students with disabilities and uniform formats for reports required under this chapter.
    (4) Develop and implement, in consultation with students and staff, a system for evaluating state-funded programs and services for disabled students on each campus at least every five years. At a minimum, these systems shall provide for the gathering of outcome data, staff and student perceptions of program effectiveness, and data on the implementation of the program and physical accessibility requirements of Section 794 of Title 29 of the Federal Rehabilitation Act of 1973.
    (b) Commencing in January 1990, and every two years thereafter, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall, for their respective systems, and the Regents of the University of California may, submit a report to the Governor, the education policy committees of the Legislature, and the California Postsecondary Education Commission on the evaluations developed pursuant to subdivision (a). These biennial reports shall also include a review on a campus-by-campus basis of the enrollment, retention, transition, and graduation rates of disabled students.
    (c) The California Postsecondary Education Commission shall review these reports and submit its comments and recommendations to the Governor and education policy committees of the Legislature.

67313.
   Nothing in this chapter shall be construed to be directing any student, or students, toward a particular program or service for students with disabilities nor shall anything in this chapter be used to deny any student an education because he or she does not wish to receive state funded disabled student programs and services.

67314.
   No provision of this chapter shall apply to the University of California unless the Regents of the University of California, by resolution, make that provision applicable.
    SEC. 2. The heading of Chapter 14 (commencing with Section 67320) of Part 40 of the Education Code is amended and renumbered to read: Chapter 14.2 State Funded Disabled Student Programs and Services.