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(continued)
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 76224, Education Code.
s 55761. District Policy for Course Repetition.
The governing board of a district maintaining a community college shall adopt and publish procedures or regulations pertaining to the repetition of courses for which substandard work has been recorded. For purposes of course repetition, academic renewal, and all other related provisions in this division, the term "substandard" shall be defined as meaning course work for which the grading symbols "D," "F," "FW," and/or "NC" (as defined in section 55758) have been recorded. The procedures or regulations may allow such courses to be repeated and the previous grade and credit to be disregarded in the computation of grade point averages. When course repetition occurs, the permanent academic record shall be annotated in such a manner that all work remains legible, insuring a true and complete academic history.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
s 55762. Course Repetition: Implementation.
In adopting procedures or regulations pertaining to the repetition of courses for which substandard academic performance has been previously recorded, the governing board of a district maintaining a community college:
(a) Shall not adopt any regulation or procedure which conflicts with:
(1) Education Code section 76224, pertaining to the finality of grades assigned by instructors, and
(2) Chapter 2.5 (commencing with section 59020) of Division 10 of this part, pertaining to the retention and destruction of records and particularly subdivision (d) of section 59023, relating to the permanency of certain student records;
(b) May permit repetition of any course which was taken in an accredited college or university and for which substandard academic performance as defined in section 55761 is recorded;
(c) Shall, when adopted procedures or regulations permit course repetition, indicate any specific courses or categories of courses which are exempt from consideration under these regulations;
(d) Shall clearly indicate any courses repeated under the provisions of this section and section 55761 on the student's permanent academic record, using an appropriate symbol;
(e) Shall, when adopted procedures or regulations permit course repetition, publish specific procedures to implement this section;
(f) May, in determining transfer of a student's credits, honor similar, prior course repetition actions by other accredited colleges and universities; and
(g) Shall maintain a careful record of actions taken under course repetition procedures or regulations adopted in compliance with this section and section 55761, since periodic reports may be required by the Chancellor.
Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76224, Education Code.
s 55763. Course Repetition: Special Circumstances.
(a) The governing board of a district may adopt procedures or regulations pertaining to the repetition of courses for which substandard work has not been recorded.
(b) Except as provided in Subsection (c), repetition of courses for which substandard work has not been recorded shall be permitted only upon petition of the student and with the written permission of the governing board or its designee based on a finding that circumstances exist which justify such repetition. Grades awarded for courses repeated under the provisions of this subsection shall not be counted in calculating a student's grade point average.
(c) If a district permits repetition of courses where substandard work has not been recorded, repetition shall be permitted, without petition, in instances when such repetition is necessary for a student to meet a legally mandated training requirement as a condition of continued paid or volunteer employment. Such courses must conform to all attendance accounting, course approval, and other requirements imposed by applicable provisions of law. Such courses may be repeated for credit any number of times, regardless of whether or not substandard work was previously recorded, and the grade received each time shall be included for purposes of calculating the student's grade point average. The governing board of a district may establish policies and procedures requiring students to certify or document that course repetition is necessary to complete legally mandated training pursuant to this subsection.
(d) When course repetition under this section occurs, the student's permanent academic record shall be annotated in such a manner that all work remains legible, insuring a true and complete academic history.
Note: Authority cited: Section 70901, Education Code. Reference: Sections 70901, 70902 and 76000, Education Code.
s 55764. District Policy for Academic Renewal Without Course Repetition.
The governing board of a district maintaining a community college shall adopt and publish procedures or regulations pertaining to the alleviation of previously recorded substandard academic performance, as defined in section 55761, which is not reflective of a student's demonstrated ability. Such procedures or regulations shall include a clear statement of the educational principles upon which they are based, and shall be referred to as academic renewal regulations. When academic renewal procedures or regulations adopted by the districts permit previously recorded, substandard course work to be disregarded in the computation of grade point averages, the permanent academic record shall be annotated in such a manner that all work remains legible, insuring a true and complete academic history.
Note: Authority cited: Sections 66700 and 70901, Education Code . Reference: Sections 70901, 70902 and 76224, Education Code.
s 55765. Academic Renewal Without Course Repetition: Implementation.
In adopting procedures or regulations pertaining to the alleviation of previously recorded, substandard academic performance, as defined in section 55764, which is not reflective of a student's demonstrated ability, the governing board of a district maintaining a community college:
(a) Shall not adopt any regulation or procedure which conflicts with:
(1) Education Code section 76224, pertaining to the finality of grades assigned by instruction, and
(2) Chapter 2.5 (commencing with section 59020) of division 10 of this part pertaining to the retention and destruction of records, and particularly subdivision (d) of section 59023, relating to the permanency of certain student records.
(b) Shall, when the adopted procedures or regulations permit such alleviation, state:
(1) The maximum amount of coursework that may be alleviated;
(2) The amount of academic work to have been completed at a satisfactory level (minimum 2.00) subsequent to the coursework to be alleviated;
(3) The length of time to have elapsed since the coursework to be alleviated was recorded; and
(4) A description of any specific courses and/or categories of courses that are, for any reason, exempt from consideration under the alleviation regulations.
(c) Shall, when the adopted procedures or regulations permit such alleviation, publish specific procedures to be followed in implementing procedures or regulations adopted pursuant to this section and section 55764 stating, at a minimum:
(1) The procedures to be followed by students in petitioning for alleviation; and
(2) The officers and/or personnel responsible for implementing the procedures or regulations.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901, 70902 and 76224, Education Code.
s 55800. Regulations.
The governing board of community college districts shall adopt policy consistent with the provisions of this chapter. The policy shall be published in the college catalog under appropriate headings, and filed with the Chancellor's Office as required by section 51004 of this part.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
s 55800.5. Minimum Credit Hours for Graduation from Two-Year Course.
An associate degree shall be awarded to any student who successfully completes the prescribed course of study for the degree while maintaining the requisite grade point average, the course of study required for the student's major, and any required academic elective courses.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 55801. Definitions.
For the purpose of this chapter, "satisfactorily completed" means either credit earned on a "credit-no credit" basis or a grade point average of 2.0 or better in community college credit courses in the curriculum upon which the degree is based.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
s 55802. Associate in Arts Degree (Applicable Until July 1, 1983).
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701 and 70901, Education Code.
s 55803. Associate in Science Degree (Applicable Until July 1, 1983).
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701 and 70901, Education Code.
s 55805. Philosophy and Criteria for Associate Degree and General Education.
(a) The governing board of a community college district shall adopt policy which states its specific philosophy on General Education. In developing this policy governing boards shall consider the following policy of the Board of Governors:
The awarding of an Associate Degree is intended to represent more than an accumulation of units. It is to symbolize a successful attempt on the part of the college to lead students through patterns of learning experiences designed to develop certain capabilities and insights. Among these are the ability to think and to communicate clearly and effectively both orally and in writing; to use mathematics; to understand the modes of inquiry of the major disciplines; to be aware of other cultures and times; to achieve insights gained through experience in thinking about ethical problems; and to develop the capacity for self-understanding. In addition to these accomplishments, the student shall possess sufficient depth in some field of knowledge to contribute to lifetime interest.
Central to an Associate Degree, General Education is designed to introduce students to the variety of means through which people comprehend the modern world. It reflects the conviction of colleges that those who receive their degrees must possess in common certain basic principles, concepts and methodologies both unique to and shared by the various disciplines. College educated persons must be able to use this knowledge when evaluating and appreciating the physical environment, the culture, and the society in which they live. Most importantly, General Education should lead to better self-understanding.
In establishing or modifying a general education program, ways shall be sought to create coherence and integration among the separate requirements. It is also desirable that general education programs involve students actively in examining values inherent in proposed solutions to major social problems.
(b) The governing board of a community college district shall also establish criteria to determine which courses may be used in implementing its philosophy on the associate degree and general education.
(c) The governing board of a community college district shall, on a regular basis, review the policy and criteria established pursuant to subsections (a) and (b) of this section.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
s 55805.5. Types of Courses Appropriate to the Associate Degree.
The criteria established by the governing board of a community college district to implement its philosophy on the associate degree shall permit only courses that conform to the standards specified in section 55002(a) and that fall into the following categories to be offered for associate degree credit:
(a) All lower division courses accepted toward the baccalaureate degree by the California State University or University of California or designed to be offered for transfer.
(b) Courses that apply to the major in non-baccalaureate occupational fields.
(c) English courses not more than one level below the first transfer level composition course, typically known as English 1A. Each student may count only one such course as credit toward the associate degree.
(d) All mathematics courses above and including Elementary Algebra.
(e) Credit courses in English and mathematics taught in or on behalf of other departments and which, as determined by the local governing board require entrance skills at a level equivalent to those necessary for the courses specified in subsections (c) and (d) above.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
s 55806. Minimum Requirements for the Associate Degree.
The governing board of a community college district shall confer the degree of associate in arts or associate in science upon a student who has demonstrated competence in reading, in written expression, and in mathematics, and who has satisfactorily completed at least 60 semester units or 90 quarter units of college work. "College work" is defined as college credit courses acceptable toward the associate degree which have been properly approved pursuant to section 55002(a), or those courses that were not completed at a California community college district that would reasonably be expected to meet the standards of section 55002(a) if they were offered by a California community college district. This course work requirement must be fulfilled in a curriculum accepted toward the degree by a college within the district (as shown in its catalog). It must include at least 18 semester or 27 quarter units in general education and at least 18 semester or 27 quarter units in a major as prescribed in this section. Of the required units, at least 12 semester or 18 quarter units must be completed in residence at the college granting the degree. Exceptions to residence requirements for the associate degree may be made by the governing board when it determines that an injustice or undue hardship would be placed on the student.
(a) Major Requirements. At least 18 semester or 27 quarter units of study taken in a single discipline or related disciplines, as listed in the community colleges "Taxonomy of Programs," shall be required.
(b) General Education Requirements.
(1) Students receiving an associate degree shall complete a minimum of 18 semester or 27 quarter units of general education, including a minimum of three semester or four quarter units in each of the areas (A), (B) and (C) and the same minimum in each part of (D). The remainder of the unit requirement is also to be selected from among these four divisions of learning or as determined by local option:
(A) Natural Sciences. Courses in the natural sciences are those which examine the physical universe, its life forms, and its natural phenomena. To satisfy the general education requirement in natural sciences, a course shall be designed to help the student develop an appreciation and understanding of the scientific method, and encourage an understanding of the relationships between science and other human activities. This category would include introductory or integrative courses in astronomy, biology, chemistry, general physical science, geology, meteorology, oceanography, physical geography, physical anthropology, physics and other scientific disciplines.
(B) Social and Behavioral Sciences. Courses in the social and behavioral sciences are those which focus on people as members of society. To satisfy the general education requirement in social and behavioral sciences, a course shall be designed to develop an awareness of the method of inquiry used by the social and behavioral sciences. It shall be designed to stimulate critical thinking about the ways people act and have acted in response to their societies and should promote appreciation of how societies and social subgroups operate. This category would include introductory or integrative survey courses in cultural anthropology, cultural geography, economics, history, political science, psychology, sociology and related disciplines.
(C) Humanities. Courses in the humanities are those which study the cultural activities and artistic expressions of human beings. To satisfy the general education requirement in the humanities, a course shall be designed to help the student develop an awareness of the ways in which people throughout the ages and in different cultures have responded to themselves and the world around them in artistic and cultural creation and help the student develop aesthetic understanding and an ability to make value judgments. Such courses could include introductory or integrative courses in the arts, foreign languages, literature, philosophy, and religion.
(D) Language and Rationality. Courses in language and rationality are those which develop for the student the principles and applications of language toward logical thought, clear and precise expression and critical evaluation of communication in whatever symbol system the student uses.
1. English Composition. Courses fulfilling the written composition requirement shall be designed to include both expository and argumentative writing.
2. Communication and Analytical Thinking. Courses fulfilling the communication and analytical thinking requirement include oral communication, mathematics, logic, statistics, computer languages and programming, and related disciplines.
(2) While a course might satisfy more than one general education requirement, it may not be counted more than once for these purposes. A course may be used to satisfy both a general education requirement and a major requirement. Whether it may be counted again for a different degree requirement is a matter for each college to determine. Students may use the same course to meet a general education requirement for the associate degree and to partially satisfy a general education requirement at the California State University, if such course is accepted by that system to satisfy a general education requirement.
(3) Ethnic Studies will be offered in at least one of the required areas.
(c) The provisions of this section shall be applicable to all students who enter a community college on or after July 1, 1983, provided that a governing board may specify an earlier implementation date pursuant to subdivision (b) of section 55810.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
s 55807. Conversion to Credit.
Upon student petition to and certification by a governing board of credit-level achievement and prescribed academic rigor, and evidence of prescribed competence as approved by the faculty, noncredit courses may count toward associate degrees.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 78405, Education Code.
s 55808. Certificate of Achievement.
The governing board of a community college district shall issue a certificate of achievement to any student whom the governing board determines has completed successfully any course of study or curriculum for which a certificate of achievement is offered.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
s 55809. Duty to Grant Diploma.
The governing board of a community college district shall award the appropriate diploma, degree or certificate whenever a student has completed all requirements for the degree, diploma or certificate without regard to the length of time actually taken by the student to complete such requirements. The governing board shall grant to any student, who has satisfactorily completed the requirements of any course of study in less than the prescribed time, credit for the full number of semester hours scheduled for such course.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code.
s 55810. Implementation by Governing Boards.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66701, 70901 and 70902, Education Code.
s 55825. Responsibilities of District Governing Boards.
The governing board of a community college district planning the formation of a new college or educational center as defined in section 55827 shall employ and comply with the standards contained in sections 55829, 55830 and 55831 of this chapter.
Note: Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 66700, 81800 and 81805, Education Code.
s 55827. Definitions.
(a) College. As used in this Chapter, "college" means a degree-granting institution intended to provide instruction through the second year of college, including but not limited, to one or more of the following categories:
(1) standard collegiate courses for transfer to higher institutions;
(2) vocational and technical fields leading to employment; or
(3) general or liberal arts courses for which institution the district intends to obtain accreditation.
(b) Educational Center. As used in this Chapter, "educational center" means a postsecondary operation established and administered by an existing college or district at a location away from the campus of the parent institution. An educational center is an operation planned to continue for three or more years and expected to enroll over 500 FTES by the third year of operation. The center typically has an on-site administrator and may offer programs leading to certificates and/or degrees conferred by the parent institution.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 66700, Education Code.
s 55828. Responsibilities of the Chancellor's Office, Community College Districts and the Board of Governors.
(a) The Chancellor's Office shall maintain an inventory of all off-campus programs and facilities in the community colleges. This inventory shall be updated annually, and shall be distributed to each community college district and the Postsecondary Education Commission for use in planning activities.
(b) The Chancellor's Office shall develop procedures to identify and review plans for new colleges and new educational centers within the district's Five-Year Academic and Capital Outlay Master Plans.
(c) Community college districts shall prepare and submit to the Chancellor's Office proposals for new colleges and new educational centers as defined in this chapter. These proposals should contain at least the following elements:
(1) Assessment of Needs and Preferences (section 55829),
(2) Identification of Objectives (section 55830), and
(3) Analysis of Alternative Delivery Systems (section 55831).
(d) The Chancellor's Office shall review each proposed new college and new educational center and shall recommend approval or disapproval to the Board of Governors. The Chancellor's Office analysis of these proposals shall stress inter-district concerns and evaluation of the delivery system proposed.
(e) The Board of Governors shall approve or disapprove each new college or educational center and transmit its findings to the community college district initiating the proposal and to the California Postsecondary Education Commission.
Note: Authority cited: Sections 66700, 70901 and 81805, Education Code. Reference: Sections 66700, 81800 and 81805, Education Code.
s 55829. Assessment of Needs and Preferences.
(a) The community area and characteristics of individuals to be served must be identified adequately.
(b) Projections of potential enrollment demand in the service area must demonstrate significant unmet need, taking into account plans of nearby secondary and postsecondary institutions.
(c) Significant community support must be evident and possible community opposition must be identified.
(d) Preferences for community college programs and services on the part of individuals in the service area must be identified.
(e) Insofar as possible, present and future labor market requirements must be identified for the proposed service area, a broader adjacent region, and the state.
(f) Projected labor market requirements and community program preferences must be reconciled, if possible.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code.
s 55830. Identification of Objectives.
(a) Proposed college or educational center programs and services must be directed to the identified educational needs and preferences of the community to be served.
(b) Objectives of the proposed programs and services must be sufficiently specific that the district board may evaluate the success with which needs and preferences are met.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code.
s 55831. Analysis of Alternative Delivery Systems.
(a) The proposed operation must be the most effective and equitable of feasible delivery system alternatives for providing intended programs and services.
(b) Criteria for selecting the proposed delivery system must include:
(1) accessibility of programs and services to individuals in the service area,
(2) content and quality of programs and services, and
(3) cost of programs and services.
(c) Depending on the delivery system proposed, alternatives for providing the proposed programs and services must include, but need not be limited to:
(1) increased utilization of existing district resources,
(2) forming a new college, educational center, and/or outreach locations, and
(3) use of media such as television, computer-assisted instruction or programmed learning packages.
Alternative delivery systems considered must be adequately described, generally mutually exclusive, and limited to a manageable number to facilitate analysis and review.
(d) Proposed sources of funding for needed resources must be identified for both short and long-term operations.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 66700 and 81810, Education Code.
s 55840. Appointment and Qualification of District Librarian.
The governing board of a community college district maintaining its own library or libraries may appoint a librarian who shall meet minimum qualifications established pursuant to chapter 4 (commencing with section 53400) of division 4 of this part.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 55841. Annual Report by Governing Board to Department of Education.
The governing board of a district shall, on or before August 31st, in each year, report to the Chancellor on the condition of district libraries, for the year ending June 30th preceding. The report shall, in addition to other matters deemed expedient by the governing board or the librarians, contain such statistical and other information as is deemed desirable by the Chancellor. For this purpose the Chancellor may send to the districts instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 56000. Scope of Chapter.
This subchapter applies to community college districts offering support services, or instruction through Disabled Student Programs and Services (DSPS), on and/or off campus, to students with disabilities pursuant to Education Code sections 67310 et seq. and 84850.
Programs receiving funds allocated pursuant to Education Code section 84850 shall meet the requirements of this subchapter. Any support services or instruction funded, in whole or in part, under the authority of this subchapter must:
(a) not duplicate services or instruction which are otherwise available to all students;
(b) be directly related to the educational limitations of the verified disabilities of the students to be served;
(c) be directly related to the students' participation in the educational process;
(d) promote the maximum independence and integration of students with disabilities; and
(e) support participation of students with disabilities in educational activities consistent with the mission of the community colleges as set forth in Education Code section 66010.4.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.
s 56002. Student with a Disability.
A "student with a disability" or "disabled student" is a person enrolled at a community college who has a mental or physical disability as defined in Government Code section 12926 which imposes an educational limitation as defined in section 56004. For purposes of reporting to the Chancellor under section 56030, students with disabilities shall be reported in the categories described in sections 56032-44.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310 et seq. and 84850, Education Code.
s 56004. Educational Limitation.
As used in this subchapter, "educational limitation" means disability related functional limitation in the educational setting. This occurs when the limitation prevents the student from fully benefiting from classes, activities, or services offered by the college to nondisabled students, without specific additional support services or instruction as defined in Section 56005.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56005. Support Services or Instruction.
As used in this subchapter, "support services or instruction" means any one or more of the services listed in Section 56026, special class instruction authorized under Section 56028, or both.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56006. Determination of Eligibility.
(a) In order to be eligible for support services or instruction authorized under this chapter, a student with a disability must have an impairment which is verified pursuant to subdivision (b) which results in an educational limitation identified pursuant to subdivision (c) of this section.
(b) The existence of an impairment may be verified, using procedures prescribed by the Chancellor, by one of the following means:
(1) observation by DSPS professional staff with review by the DSPS coordinator;
(2) assessment by appropriate DSPS professional staff; or
(3) review of documentation provided by appropriate agencies or certified or licensed professionals outside of DSPS.
(c) The student's educational limitations must be identified by appropriate DSPS professional staff and described in the Student Education Contract (SEC) required pursuant to Section 56022. Eligibility for each service provided must be directly related to an educational limitation consistent with Section 56000(b) and Section 56004.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56008. Student Rights.
(a) Participation by students with disabilities in Disabled Student Programs and Services shall be entirely voluntary.
(b) Receiving support services or instruction authorized under this subchapter shall not preclude a student from also participating in any other course, program or activity offered by the college.
(c) All records maintained by DSPS personnel pertaining to students with disabilities shall be protected from disclosure and shall be subject to all other requirements for handling of student records as provided in Subchapter 2 (commencing with Section 54600) of Chapter 5 of this Division.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56010. Student Responsibilities.
(a) Students receiving support services or instruction under this subchapter shall:
(1) comply with the student code of conduct adopted by the college and all other applicable statutes and regulations to student conduct;
(2) be responsible in their use of DSPS services and adhere to written service provision policies adopted by DSPS; and
(3) make measurable progress toward the goals established in the student's Student Educational Contract or, when the student is enrolled in a regular college course, meet academic standards established by the college pursuant to Subchapter 8 (commencing with Section 55750) of Chapter 6 of this Division.
(b) A district may adopt a written policy providing for the suspension or termination of DSPS services where a student fails to comply with subdivisions (a)(2) or (a)(3) of this section. Such policies shall provide for written notice to the student prior to the suspension or termination and shall afford the student an opportunity to appeal the decision. Each student shall be given a copy of this policy upon first applying for services from DSPS.
Note: Authority cited: Section 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56012. Communication Disability.
Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
s 56014. Learning Disability.
Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
s 56016. Acquired Brain Injury.
Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
s 56018. Developmentally Delayed Learner.
Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
s 56020. Availability of Services.
Each community college district receiving funds pursuant to this subchapter shall employ reasonable means to inform all students and staff about the support services or instruction available through the DSPS program.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56022. Student Educational Contract.
A Student Educational Contract (SEC) is a plan to address specific needs of the student. An SEC must be established upon initiation of DSPS services and shall be reviewed and updated annually for every student with a disability participating in DSPS. The SEC specifies those regular and/or special classes and support services identified and agreed upon by both the student and DSPS professional staff as necessary to meet the student's specific educational needs. The SEC shall be reviewed annually by a DSPS professional staff person to determine whether the student has made progress toward his/her stated goals(s).
Whenever possible the SEC shall serve as the Student Educational Plan (SEP) and shall meet the requirements set forth in Section 55525 of this division. In addition, for students in noncredit special classes, each SEC shall include, but need not be limited to a description of the criteria used to evaluate the student's progress.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56024. Measurable Progress.
Note: Authority cited: Sections 71020, 78600 and 84850, Education Code. Reference: Sections 78600 and 84850, Education Code.
s 56026. Support Services.
Support services are those specialized services available to students with disabilities as defined in Section 56002, which are in addition to the regular services provided to all students. Such services enable students to participate in regular activities, programs and classes offered by the college. They may include, but need not be limited to:
(a) Basic fixed cost administrative services associated with the ongoing administration and operation of the DSPS program. These services include:
(1) Access to and arrangements for adaptive educational equipment, materials and supplies required by students with disabilities;
(2) Job placement and development services related to transition to employment;
(3) Liaison with campus and/or community agencies, including referral to campus or community agencies and follow-up services;
(4) Registration assistance relating to on or off-campus college registration, including priority enrollment assistance, application for financial aid and related college services;
(5) Special parking, including on-campus parking registration or, while an application for the State handicapped placard or license plate is pending, provision of a temporary parking permit.
(6) Supplemental specialized orientation to acquaint students with environmental aspects of the college and community.
(b) Continuing variable cost services which fluctuate with changes in the number of students or the unit load of the students. These services include, but are not limited to:
(1) Test-taking facilitation, including arrangement, proctoring and modification of test and test administration for students with disabilities;
(2) Assessment, including both individual and group assessment not otherwise provided by the college to determine functional educational and vocational levels or to verify specific disabilities;
(3) Counseling, including specialized academic, vocational, personal, and peer counseling services specifically for students with disabilities, not duplicated by ongoing general counseling services available to all students;
(4) Interpreter services, including manual and oral interpreting for hearing-impaired students;
(5) mobility ability assistance (on-campus), including manual or motorized transportation to and from college courses and related educational activities;
(6) notetaker services, to provide assistance to students with disabilities in the classroom;
(7) reader services, including the coordination and provision of services for students with disabilities in the instructional setting;
(8) speech services provided by a licensed speech/language pathologist for students with verified speech disabilities;
(9) transcription services, including, but not limited to, the provision of braille and print materials;
(10) transportation assistance (off-campus), only if not otherwise provided by the college to all students, where public accessible transportation is unavailable, and is deemed inadequate by the Chancellor's Office;
(11) specialized tutoring services not otherwise provided by the college;
(12) outreach activities designed to recruit potential students with disabilities to the college;
(13) accommodations for participation in co-curricular activities directly related to the student's enrollment in state-funded educational courses or programs; and
(14) repair of adaptive equipment donated to the DSPS program or purchased with funds provided under this subchapter.
(c) One-time variable costs for purchase of DSPS equipment, such as adapted educational equipment, materials, supplies and transportation vehicles.
Note: Authority cited; Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56027. Academic Accommodations.
Each community college district receiving funding pursuant to this subchapter shall establish a policy and procedure for responding to, in a timely manner consistent with Section 53203 of this division, accommodation requests involving academic adjustments. This procedure shall provide for an individualized review of each request. The procedure shall also permit the Section 504 Coordinator, or other designated district official with knowledge of accommodation requirements, to make an interim decision pending a final resolution.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56028. Special Classes Instruction.
Special classes are instructional activities designed to address the educational limitations of students with disabilities who would be unable to substantially benefit from regular college classes even with appropriate support services or accommodations. Such classes generate revenue based on the number of full-time equivalent students (FTES) enrolled in the classes.
Such classes shall be open to enrollment of students who do not have disabilities, however, to qualify as a special class, a majority of those enrolled in the class must be students with disabilities.
Special classes offered for credit or noncredit shall meet the applicable requirements for degree credit, non-degree credit, or noncredit set forth in Sections 55002 and 55705.5 of this part. In addition, special classes shall:
(a) Be designed to enable students with disabilities to compensate for educational limitations and/or acquire the skills necessary to complete their educational objectives;
(b) Employ instructors who meet minimum qualifications set forth in Section 53414 of this Division.
(c) Utilize curriculum, instructional methods, or materials specifically designed to address the educational limitations of students with disabilities. Curriculum committees responsible for reviewing and/or recommending special class offerings shall have or obtain the expertise appropriate for determining whether the requirements of this section are satisfied; and
(d) Utilize student/instructor ratios determined to be appropriate by the District given the educational limitations of the students with disabilities enrolled in each class. Class size should not be so large as to impede measurable progress or to endanger the well-being and safety of students or staff.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56029. Special Class Course Repeatability.
Repetition of special classes is subject to the provisions of Sections 55761-63 and 58161 of this division. However, districts are authorized to permit additional repetitions of special classes to provide an accommodation to a student's educational limitations pursuant to state and federal nondiscrimination laws. Districts shall develop policies and procedures providing for repetition under the follow circumstances:
(a) When continuing success of the student in other general and/or special classes is dependent on additional repetitions of a specific class;
(b) When additional repetitions of a specific special class are essential to completing a student's preparation for enrollment into other regular or special classes; or
(c) When the student has a student educational contract which involves a goal other than completion of the special class in question and repetition of the course will further achievement of that goal.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code; and 29 U.S.C. Sec. 794.
s 56030. Reporting Requirements.
Each community college district receiving funding pursuant to this subchapter shall submit such reports (including budget and fiscal reports described in Article 4) as the Chancellor may require. When submitting such reports, districts shall use the disability categories set forth in Sections 56032-44 and shall conform to the reporting format, procedures, and deadlines the Chancellor may additionally prescribe.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56032. Physical Disability.
Physical disability means a visual, mobility or orthopedic impairment.
(a) Visual impairment means total or partial loss of sight.
(b) Mobility or orthopedic impairment means a serious limitation in locomotion or motor function.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56034. Communication Disability.
Communication disability is defined as an impairment in the processes of speech, language or hearing.
(a) Hearing impairment means a total or partial loss of hearing function which impedes the communication process essential to language, educational, social and/or cultural interactions.
(b) Speech and language impairments mean one or more speech/language disorders of voice, articulation, rhythm and/or the receptive and expressive processes of language.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56036. Learning Disability.
Learning disability is defined as a persistent condition of presumed neurological dysfunction which may exist with other disabling conditions. This dysfunction continues despite instruction in standard classroom situations. To be categorized as learning disabled, a student must exhibit:
(a) Average to above-average intellectual ability;
(b) Severe processing deficit(s);
(c) Severe aptitude-achievement discrepancy(ies); and
(d) Measured achievement in an instructional or employment setting.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56038. Acquired Brain Impairment.
Acquired brain impairment means a verified deficit in brain functioning which results in a total or partial loss of cognitive, communicative, motor, psycho-social, and/or sensory-perceptual abilities.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56040. Developmentally Delayed Learner.
The developmentally delayed learner is a student who exhibits the following:
(a) below average intellectual functioning; and
(b) potential for measurable achievement in instructional and employment settings.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56042. Psychological Disability.
(a) Psychological disability means a persistent psychological or psychiatric disorder, or emotional or mental illness.
(b) For purposes of this subchapter, the following conditions are not psychological disabilities:
(1) transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; and
(3) psychoactive substance abuse disorders resulting from current illegal use of drugs.
(c) In developing the allocation formula required under Section 56072, the Chancellor shall assign a zero weight to students with psychological disabilities until such time as the state budget provides additional funds to serve this population.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56044. Other Disabilities.
This category includes all students with disabilities, as defined in Section 56002, who do not fall into any of the categories described in Sections 56032- 42, but who indicate a need for support services or instruction provided pursuant to Sections 56026 and 56028.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56046. DSPS Program Plan.
(a) Each district receiving funding pursuant to this subchapter shall submit to the Chancellor, at such times as the Chancellor shall designate, a DSPS program plan for each college within the district. Upon approval by the Chancellor, the plan shall be a contract between the District and the Chancellor. Expenditures of funds appropriated pursuant to this subchapter must conform to the approved plan.
(b) Each district shall submit updates to its program plan to the Chancellor upon request.
(c) The program plan shall be in the form prescribed by the Chancellor and shall contain at least all of the following:
(1) long-term goals of the DSPS program;
(2) the short-term measurable objectives of the program;
(3) the activities to be undertaken to accomplish the goals and objectives; and
(4) a description of the methods used for program evaluation.
Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code.
s 56048. Staffing.
(a) Persons employed pursuant to this subchapter as counselors or instructors of students with disabilities shall meet minimum qualifications set forth in Section 53414 of Subchapter 4 of Chapter 4 of this Division.
(b) Each district receiving funds pursuant to this subchapter shall designate a DSPS Coordinator for each college in the district. For the purpose of this section, the Coordinator is defined as that individual who has responsibility for the day-to-day operation of DSPS. The designated Coordinator must meet the minimum qualifications for a DSPS counselor or instructor set forth in Section 53414(a) through (d) or meet the minimum qualifications for an educational administrator set forth in Section 53420 and, in addition, have two (2) years full-time experience or the equivalent within the last four (4) years in one or more of the following fields: (continued)