Guide to DSPS: A Primer
Preface
On behalf of the California Community Colleges Chancellor’s Office, we welcome you to
Disabled Student Programs and Services (DSPS).
As you begin your new role as DSPS Coordinator, you join this program at a time of great
challenges with shrinking budgets and students with more complex disabilities and issues.
However, this is also a time of opportunity to seek out ways to best serve the qualified
students with disabilities utilizing your services.
With 112 community colleges you will find there are many different ways to organize, lead
and manage your program. This document is an attempt to lay out the basics of what DSPS
does, the regulations that support your services, the criteria for determining eligibility,
academic accommodations and fiscal reporting.
The Chancellor’s Office DSPS staff, the Galvin Group, and most importantly, the staff at all
112 Community College programs are available to you with resources and a helping hand.
We wish you every success in your new position and hope this document and our online
training for DSPS Coordinators will help you on your way.
Jan Galvin
Bette McMuldren
Richard Dunn
Lucinda Aborn
September, 2011
THIS REPORT IS FUNDED IN PART BY THE CALIFORNIA COMMUNITY COLLEGES CHANCELLOR’S OFFICE CONTRACT #
10-0345
Revised November, 2011
Guide to DSPS: A Primer
Table of Contents
Preface....................................................................................................................................... 1
Designing a DSPS Program ...................................................................................................... 4
Background ........................................................................................................................... 4
DSPS Director/Coordinator .................................................................................................. 5
State Funding ........................................................................................................................ 6
Qualified Students with Disabilities ..................................................................................... 7
Determining Eligibility for DSPS Services .......................................................................... 7
Determining Placement in a DSPS Reportable Category ..................................................... 8
Learning Disabilities Eligibility Determinations ................................................................ 15
Personnel Resources ........................................................................................................... 17
DSPS Student Record Forms .................................................................................................. 20
Application for DSPS Services ........................................................................................... 21
DSPS Release of Information Form ................................................................................... 21
Verification of Disability Status and Identification of Educational Limitations ................ 22
Student Educational Contract ............................................................................................. 24
Educational Accommodations ............................................................................................ 24
Student Rights and Responsibilities Form .......................................................................... 25
Student File Security ........................................................................................................... 25
Student Services ...................................................................................................................... 26
What Constitutes a DSPS Service Contact for MIS Reporting Purposes? ......................... 26
Student Contacts for MIS Reporting................................................................................... 26
Definitions of Services Commonly Provided and Service Contacts Associated with Each ... 28
Timely Service Delivery ......................................................................................................... 35
Intake Efficiencies .............................................................................................................. 36
Outreach and Transition ...................................................................................................... 37
Behavioral Issues ................................................................................................................ 38
Test Accommodations ........................................................................................................ 39
High Tech Center ................................................................................................................ 40
Alternate Media .................................................................................................................. 41
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Guide to DSPS: A Primer
Policies and Procedures .......................................................................................................... 43
Program Reviews and Program Plans ..................................................................................... 44
Budget/MIS Reporting ............................................................................................................ 45
Resources ................................................................................................................................ 47
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Guide to DSPS: A Primer
Designing a DSPS Program
Background
Disabled Student Programs and Services (DSPS) (Education Code, Section 84850 and Title 5,
California Code of Regulations (5 CCR) Sections 56000-56076) were enacted in 1976 through the
passage of Assembly Bill 77 (Lanterman), which funds support services and instructional
programs for students with disabilities in the California Community Colleges. DSPS assists
colleges by providing services and accommodations for students with disabilities. These
services support student success and meet the requirements of federal and state nondiscrimination laws, including Sections 504 and 508 of the federal Rehabilitation Act, the
Americans with Disabilities Act (ADA), and state Government Code Sections 11135-11139.5.
Operating DSPS is voluntary on the part of each college. Colleges are governed by the Title
5 regulations regarding DSPS only because they accept the DSPS funds allocated to them
every year. A college could refuse the DSPS funds and not be subject to the requirements of
Title 5 regarding DSPS. However, by refusing Title 5 funds, the college would not eliminate
its obligations under state and federal law regarding the civil rights of people with disabilities
and the need to provide services and accommodations to ensure that the college’s programs
and services are accessible to, and usable by, students with disabilities. In fact, DSPS assists
greatly in providing the funding and the mechanism through which the college meets these
federal and state requirements.
In many cases, it can be complicated to determine if a specific service is required by state and
federal law since accommodations should be provided on an individualized basis, after
engaging in an interactive process with the student with a disability. The critical requirement
is that each individual student’s accommodation needs are met in order to provide equal
access and eliminate discrimination.
Your district is required to provide appropriate accommodations under the state and federal
non-discrimination laws as requested by an eligible student or member of the public,
regardless of funding available through DSPS to do so. If DSPS funds are insufficient to pay
for the accommodation, such as the request for sign language interpreters, or it is an
accommodation which cannot be funded by DSPS, the district will need to fund it from
another source. If a resultant non-discrimination complaint or lawsuit was filed by a student,
the budget of the entire institution compared to the cost of the accommodation would be
taken into account. Whether or not the college had planned and budgeted for such
expenditure would be irrelevant because of the legal requirement to provide the disability
related accommodation. Further, DSPS may be providing services that are not required by
state or federal non-discrimination laws, but are designed to meet the unique disability
related educational needs of groups of students with disabilities. It is important to note that if
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Guide to DSPS: A Primer
such special services are not provided, then general services/activities of the college must
provide needed accommodations unless, in instructional settings, they pose a fundamental
alteration to the curriculum. If a student with a disability filed a complaint with the U.S.
Department of Education, Office for Civil Rights, which is the entity that oversees
compliance with Section 504 and the ADA in higher education, OCR would review the
complaint and determine if the service reduction or elimination violated one of these federal
laws. If it was found to do so, the entire institution would be held in violation of the relevant
law.
Title 5 states that 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 instructions 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 student’s 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
66701.
DSPS Director/Coordinator
The DSPS Coordinator is the only required position for a DSPS program. Title 5 Section
56048 (b) states “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.
The Title 5 requirement for a DSPS Coordinator is in recognition of the specific nature and
set of skills needed to deal with the variety and complexity of issues involved with providing
services to students with disabilities. Specialized knowledge is needed in order for a college
to comply with federal civil rights laws, state laws, and the Title 5 regulations. Each college
needs to have qualified staff to conduct work related to the provision of accommodations and
services to qualified students with disabilities. These responsibilities include, but are not
limited to:
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Guide to DSPS: A Primer

interviewing students with disabilities;

reviewing disability documentation and determining disability related functional
limitations in the educational setting;

working with the student to receive needed accommodations;

coordinating and ensuring such accommodations are provided in a timely and
effective manner;

working with students with disabilities when they face various barriers to success or
disability related issues related to college; and

working with faculty and other college staff to answer their questions about
accommodations and other issues related to students with disabilities, while staying
within legal confidentiality requirements.
Given the complexity of these tasks, it is highly recommended that each college have a DSPS
Coordinator with 100% of their time dedicated to the DSPS program. When the current
DSPS funding formula was adopted the intent of the base was to pay for a full-time DSPS
Coordinator, along with clerical assistance for each college. In most cases, it is not feasible
for someone to fully and effectively operate DSPS without spending their entire day
dedicated to those pursuits. A part-time Coordinator, and especially one who is an
administrator of multiple student service areas at the same time, is not achieving the goals
behind the establishment of a DSPS Coordinator at each college.
A related issue to keep in mind is maintaining the appropriate use of DSPS funds when
assigning the DSPS Coordinator title to a position, and particularly when that assignment is
made to a multi-program administrative position. Title 5 Section 56068, says that DSPS
funds cannot be used for “…administrative salaries and benefits, with the exception of the
DSPS Coordinator…” The intent of this statement is to ensure that DSPS categorical funds
are not used to cover the costs of higher-level administrative positions.
State Funding




DSPS programs receive state funds based on the number of students served and types
of disabilities these students have.
These state funds are intended to cover ‘excess costs’ in serving students with
disabilities.
With or without state funding, students with disabilities still need to be served.
Absent DSPS funds, the costs of providing and arranging for accommodations shift to
the colleges/districts.
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Guide to DSPS: A Primer
Qualified Students with Disabilities
Title 5 specifies what constitutes a qualified student with a disability who is eligible for
services, in the following categories:
1.
2.
3.
4.
5.
6.
7.
Physical Disability
Communication Disability
Learning Disability
Acquired Brain Impairment (ABI)
Developmentally Delayed Learner (now often called Intellectual Disability)
Psychological Disability
Other Disabilities
Determining Eligibility for DSPS Services
Prior to providing services or accommodations to a student, DSPS must determine that:
1. the individual requesting assistance is an individual with a qualifying disability; and
2. the disability can be verified by observation (e.g., a missing limb) or that
documentation can be obtained from an appropriate professional (e.g., physician,
audiologist, licensed clinical social worker); and
3. the disability can be appropriately placed in one of the seven DSPS reportable
categories (e.g., physical disability, intellectual disability, ABI).
It is critically important that the DSPS Coordinator be conversant with current federal and
state disability law. The DSPS Coordinator is ultimately responsible for determining
eligibility and the types of services or accommodations authorized for a student. While
federal and state laws provide a broad foundation for decision-making, the Implementing
Guidelines for Title 5 Regulations provide the specificity needed to determine DSPS eligibility and
assignment of the disability to an MIS reportable category.
A student who is auditing a class or who is taking community service classes is not eligible
for services funded through the DSPS program. Although, the college should keep in mind
that it has an obligation to provide services to students with disabilities in these and other
instances in order to meet the requirements of Section 504 of the 1973 Rehabilitation Act (29
U.S.C. 794) and Assembly Bill 803 (Government Code Section 11135 et. seq.) and the
Americans with Disabilities Act (ADA).
Q. Can a student with a disability utilizing DSPS services receive a full-time exception
under financial aid regulations as an accommodation?
A. No. The U.S. Department of Education defines full time for a standard semester term as
at least 12 units, which can be found in Volume 3, page 4 of the 2009-10 Student Aid
Handbook. Professional judgment cannot be used to change the definition of full time as
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Guide to DSPS: A Primer
defined in the same handbook in the Application and Verification Guide on page 105. The
guide states that professional judgment can only be used to change data elements that lead
to a change in the student’s EFC (Expected Family Contribution) or to adjust a student’s
cost of attendance.
Determining Placement in a DSPS Reportable Category
Six of the seven reportable categories for DSPS services are straightforward and largely
unambiguous (see Implementing Guidelines for Title 5, Article 3: Reports, Plans and
Program Requirements).
What follows is a summary of the placement criteria for six of the seven DSPS reportable
categories:
1. Section 56032 defines a “physical disability” to include a visual, mobility or
orthopedic impairment.
Visual impairment includes but is not limited to the following conditions:
o Blindness is visual acuity of 20/200 or less in the better eye after correction; or visual
loss so severe that it no longer serves as a major channel for information processing.
o Partial sightedness is visual acuity of 20/70 or less in the better eye after correction,
with vision which is still capable of serving as a major channel for information
processing.
o Visual impairment does not apply where the loss or impairment is the result of a
psychological condition or ABI. This disability can be verified by a physician, a
licensed vision professional or through documentation from a referring agency
relying upon verification from a physician or other licensed vision professional.
Mobility impairment includes but is not limited to the following conditions:
o impairments caused by congenital anomaly (e.g., clubfoot, absence of some member,
etc.);
o impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.); and
o impairments from other causes (e.g., cerebral palsy, amputation, and fractures and
burns which can cause contractures).
Mobility impairment does not apply to mobility limitation due to seeing, hearing, or
psychological limitations or mobility limitations resulting from ABI.
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Guide to DSPS: A Primer
Mobility impairments can be verified, if
possible, by the personal observation of a DSPS
professional staff member with the DSPS
Coordinator review, by documentation from a
physician, or by the documentation of the
referring agency if a physician does the
verification.
1)
2)
3)
4)
5)
6)
7)
TITLE 5 DISABILITY
CATEGORIES
Physical Disability
Communication Disability
Learning Disability
Acquired Brain Impairment
Intellectual Disability
Psychological Disability
Other Disabilities
When reporting disabilities in the statewide
MIS system, the Title 5 category of “physical
disability” is divided into two of the primary types of disabilities represented in this
category, i.e., mobility impairment and visual impairment. For further review go to MIS
data elements.
2. Section 56034 defines “communication disability.”
Hearing impairment means total deafness or a hearing loss so severe that a student is
impaired in processing information through hearing, with or without amplification.
This disability can be verified by an appropriate hearing professional or through
documentation from a referring agency that obtains its verification from a medical doctor or
other licensed ear professional. This disability can be verified by a DSPS staff member only
if that person has the appropriate license.
Speech impairment is defined as one or more speech and language disorders of voice,
articulation, rhythm and/or the receptive and expressive processes of language that limit the
quality, accuracy, intelligibility or fluency of producing the sounds that comprise spoken
language.
Speech limitation is interpreted to mean impairment in the quality, accuracy, intelligibility
or fluency of producing the sounds that comprise spoken language.
Speech impairment does not apply to articulation with a foreign accent. It also does not apply
to any limitation that is caused by a physical or hearing impairment, psychological disability,
or ABI.
This disability can be verified by a licensed speech professional or through documentation
from a referring agency that obtains its verification from a licensed speech professional. This
disability can be verified by a DSPS staff member only if that person has the appropriate
license.
When reporting disabilities in the statewide MIS system, the Title 5 category of
“communication disability” is divided into two of the primary types of disabilities
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Guide to DSPS: A Primer
represented in this category, i.e. hearing impairment and speech/language impairment.
For further review, click on MIS data elements.
3. Section 56036 defines “learning disability.”
Learning disability is defined as a persistent condition of a presumed neurological
impairment. This dysfunction continues despite instruction in standard classroom situations,
to be categorized as having a learning disability, a student must exhibit:
o
o
o
o
average to above-average intellectual ability;
severe processing deficit(s);
severe aptitude-achievement discrepancy(ies); and
measured achievement in an instructional or employment setting.
Learning disability does not apply to learning problems resulting from any physical, visual,
or hearing impairments, psychological disability, or any health related disabilities.
Learning disability can exist with other disabilities except ABI and DDL.
This disability can be verified in one of the following ways:



a learning disability professional using the California Community College Learning
Disability Eligibility and Services Model.
a DSPS Learning Disability Specialist may professionally certify if assessment
documentation from a referring agency is deemed to meet the requirements in the
California Community College Learning Disability Eligibility and Services Model.
from documentation sent by an appropriate referring agency if its verification is done
by an appropriately licensed professional.
Title 5 category of “learning disability” is consistent with the statewide MIS system.
4. Section 56038 defines “acquired brain impairment (ABI).”
ABI is defined as acquired brain impairment caused by external or internal trauma, resulting
in total or partial functional limitation that adversely affects or limits a student’s educational
performance by impairing:
o cognition, information processing, reasoning, abstract thinking, judgment and/or
problem solving;
o language and/or speech;
o memory and/or attention;
o sensory, perceptual and/or motor abilities;
o psychosocial behavior; or
o physical functions.
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Guide to DSPS: A Primer
ABI does not apply to functional limitations resulting from brain trauma induced by birth,
present at birth or that is progressive and/or degenerative in nature.
ABI can be verified by an appropriately licensed professional, or by the documentation of a
referring agency if its verification is done by an appropriately licensed professional.
5. Section 56040 defines “developmentally delayed learner (DDL).”
DDL is defined as learning deficits resulting from below average intellectual functioning
which adversely affects educational performance, existing concurrently with measurable
potential for achievement in educational and/or employment settings. This category is often
now referred to as Intellectual Disability, but Title 5 has not been updated.
This disability can be verified by the DSPS Coordinator or a DDL Specialist using the
documentation from a referring agency. The student is eligible by meeting one of the three
standards described below:



the student has an earned standards score less than or equal to 70 on the specified
ability assessment procedure; or
the student has certification from the Regional Center that the student’s earned
standard score was less than or equal to 70 on an ability assessment procedure; or
the student has an earned standard score between 71 and 80 and at least one of the
seven following indicators is documented. For scores greater than 80, the assessment
procedure’s standard error of measurement may be considered.
o history of special education
o history of sheltered or supported employment
o history of unemployment or limited entry level employment
o dependent/semi-independent living environment
o client status with the state Department of Rehabilitation
o client status with the Regional Center
o academic skill deficiency
NOTE: NEW REVISION 11/01/11
Learning Disability (LD) Specialists have been added to the approved list of verifiers on the
Developmentally Delayed Learner (DDL) Verification Form. In 1999 the DDL Task Force
published the criteria for the current DDL Verification Form. At the time, only DDL
Specialists and DSPS Coordinators were permitted to sign the form in order to verify a
student as qualifying for DDL. However, there are no current pathways to becoming certified
as a DDL Specialist, nor have there been for the past eight years or so. As a result, very few
colleges have DDL Specialists on staff, and many DSPS Coordinators have appointed
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Guide to DSPS: A Primer
Learning Disability (LD)
Specialists to complete the
form and then pass it along to
DSPS Coordinators for their
signature of approval.
A person may be protected under Section
504 and the Americans with Disabilities Act
because he or she has a history of disability or is
perceived as having a disability. However, it is
important to keep in mind that such individuals
may not qualify for services from the DSPS
program because (1) they do not have a
current impairment or their impairment does
not give rise to (2) an educational (functional)
limitation.
LD Specialists are trained in
cognitive assessment and
interpretation and are usually
the ones conducting cognitive
testing on campuses. In the
process of this assessment they
may determine that a student does not qualify for DSPS services under the category of LD,
but does qualify under DDL. The LD Field Advisory group reasoned it would be more
efficient if the LD Specialists could officially determine that DDL criteria are met at that
time and be permitted to sign the verification form.
This proposal was then vetted by the LD Specialists in their regional meetings and before the
DSPS Regional Coordinators Advisory Group, which also approved the change. At the
October 15, 2011 LD Field Advisory meeting, the group recommended the change to the
Chancellor’s Office, which approved it and modified the DDL Verification Form to note the
addition of LD Specialists to the approved signers list.
Title 5 category of “developmentally delayed learner” is consistent with statewide MIS
system.
6. Section 56042 defines “psychological disability.”
Psychological disability is defined as a persistent psychological or psychiatric disorder,
emotional or mental illness that adversely affects educational performance.
Psychological disability is a condition that:



is listed in the most current American Psychiatric Association Diagnostic and Statistical Manual
(DSM) and is coded on Axis I or II as moderate to severe;
reflects a psychiatric or psychological condition that interferes with a major life
activity; and
poses a functional limitation in the educational setting.
The term psychological disability does not include:

any condition designated by the most current DSM with a V Code signifying that it is
not attributable to a mental disorder;
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Guide to DSPS: A Primer
The following conditions listed in the most current DSM are not included in the California
Community College definition of psychological disability:




transvestitism, transsexuals, pedophilia, exhibitionism, voyeur-ism, gender identity
disorder not resulting from physical impairment, or other sexual behavior disorders;
compulsive gambling, kleptomania, or pyromania;
psychoactive substance abuse disorders resulting from current illegal use of drugs;
and
any conditions designated by the most current DSM as developmental disorders
(mental retardation, pervasive developmental disorder, specific development
disorders, or other developmental disorder), that is covered by another disability
category.
Recovering drug and alcohol abusers are considered psychologically disabled as long as they
are in or have completed a recovery program and meet all other conditions for this disability
category.
A psychological disability can be verified by a professional with the appropriate license or by
documentation of a referring agency if the verification was done by a professional with the
appropriate license. This disability can be verified by a DSPS staff member only if that
person is an appropriately licensed professional such as a licensed medical doctor, a licensed
clinical psychologist or psychiatrist, a licensed Marriage, Family, and Child Counselor, or a
licensed Clinical Social Worker.
Title 5 category of “psychological disability” is consistent with the statewide MIS
system.
7. Section 56044 defines “other disabilities.”
While the previous six DSPS reportable categories have definite criteria and eligibility
standards, much confusion exists about what qualifies as "other disabilities." If a student's
disability can defined by one of the other six reportable categories (see Sections 56032,
56034, 56036, 56038, 56040, and 56042 above), then the student does not have an "other
disability."
Implementing Guidelines for Title 5 Regulations for DSPS define "other disabilities" as ". . .
all other verifiable disabilities and health related limitations that adversely affect education
performance but do not fall into any of the other disability categories."(emphasis added)
A student should only be categorized under “other” if she/he (1) has a current verifiable
impairment that meets the general definition of disability under Section 56002 and also has
(2) an educational limitation as defined in Section 56004, but does not qualify in any of the
disability specific categories. In short, to accurately apply the "other" category, the DSPS
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Guide to DSPS: A Primer
Coordinator would report a student as
"other" after applying the "differential
diagnosis” disability and verification is
determined by using the medical model
for a differential diagnosis.
A selected list of disabilities that can
qualify as "other" include:
MIS DATA REPORTING DISABILITY
CATEGORIES
1. Mobility Impaired
2. Visually Impaired
3. Hearing Impaired
4. Speech/Language Impaired
5. Developmentally Delayed Learner
6. Acquired Brain Injury
7. Learning Disabled
8. Psychological Disability
9. Other Disability
o conditions having limited
strength, vitality, or alertness
due to chronic or acute health
problems
o heart conditions
o tuberculosis
o nephritis
o sickle cell anemia
o hemophilia
o leukemia
o epilepsy
o acquired immune deficiency syndrome (AIDS)
o diabetes
o Lyme Disease
Caveat: A person may be protected under Section 504 and the Americans with Disabilities
Act because he or she has a history of disability or is perceived as having a disability.
However, it is important to keep in mind that such individuals may not qualify for services
from the DSPS program because (1) they do not have a current impairment or their
impairment does not give rise to (2) an educational (functional) limitation.
A disability in the “other disabilities” category must be verified by an appropriately licensed
professional or through documentation from a referring agency that obtains its verification
from an appropriately licensed professional. A DSPS staff member can verify this disability
only if that person is an appropriately licensed professional.
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Guide to DSPS: A Primer
When reporting disabilities in the statewide MIS system, data element categories
represent a further breakdown of Title 5 disability categories. The data elements in the
MIS system use the following disability categories:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Mobility Impaired
Visually Impaired
Hearing Impaired
Speech/Language Impaired
Developmentally Delayed Learner
Acquired Brain Injury
Learning Disabled
Psychological Disability
Other Disability
For further review click here: MIS data elements
Learning Disabilities Eligibility Determinations
As defined above, a learning disability is defined as a persistent condition of a presumed
neurological impairment. This dysfunction continues despite instruction in standard
classroom situations, to be categorized as having a learning disability, a student must exhibit:
o
o
o
o
average to above-average intellectual ability;
severe processing deficit(s);
severe aptitude-achievement discrepancy(ies); and
measured achievement in an instructional or employment setting.
Learning disability does not apply to learning problems resulting from any physical, visual,
or hearing impairments, psychological disability, or any health related disabilities.
Learning disability can exist with other disabilities except ABI and DDL.
This disability can be verified in one of the following ways:



a learning disability professional using the California Community College Learning
Disability Eligibility and Services Model.
a DSPS Learning Disability Specialist may professionally certify if assessment
documentation from a referring agency is deemed to meet the requirements in the
California Community College Learning Disability Eligibility and Services Model.
from documentation sent by an appropriate referring agency if its verification is done
by an appropriately licensed professional.
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Guide to DSPS: A Primer
Expanding on these methods of eligibility determination, it is important to consider the
responsibilities of Learning Disability Specialists. In addition to their role in assessing
students’ eligibility for services as a student with a learning disability in the CCC system, LD
Specialists are responsible for review of assessment results from sources outside the CCC.
They review and evaluate outside assessments in terms of whether that assessment
information meets specified system criteria for the definition of LD and to advise how the
outside assessments relate to the student’s educational goals. With this information, they
make recommendations for appropriate accommodations and compensatory strategies.
An accurate and complete analysis of LD documentation is extremely important as students
move through the higher education system. Students with documented learning disabilities
make up the largest cohort of students with disabilities nationwide, as well as, the majority of
students in DSPS programs and, therefore, generate a significant portion of the weighted
student count. In addition, if Learning Disability Specialists are unavailable to perform
testing to determine LD eligibility, only students who can afford to pay for outside LD
testing would be able to receive disability related accommodations and services to support
their student success. Based on the demographics of most California Community Colleges,
these are not our typical students.
Q. Are there any legal guidelines about the age of documentation that can be used in
determining eligibility for LD services? We are counting many students with older records
as “other,” rather than LD, due to staffing cutbacks that prevent us from conducting LD
assessments needed to determine CCC LD eligibility. Some of these students with older LD
documentation have adult testing, while others have assessments and IEPs from high
school.
A. Within the Department of Justice, there is new regulatory language for testing in ADA,
Title III. § 36.309 Examinations and Courses. It says that considerable weight should be
given to a history of previous accommodations and history of services that were provided
under an IEP or 504 plan. If records from middle school show a history of
accommodations being provided, accommodations are warranted. A testing entity should
accept without further evaluation the accommodations that have been provided in the past.
Considerable weight is particularly warranted when extra time and a quiet room for testing
were provided and the student is seeking the same with another entity. The college should
clearly grant the testing accommodation. This change indicates that standards don’t have
to be as rigorous as have been observed in some settings. If you are short of resources, go
with qualifying based on past documentation given the guidance from the ADA
regulations.
This new guidance highlights a difference between civil rights and state funding issues.
The college may not be able to determine LD eligibility, but that doesn’t mean the student
does not have a disability and is not entitled to accommodations. It may be appropriate to
count the disability as “other” and change it later. This might be possible if the program
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Guide to DSPS: A Primer
can do an LD assessment or the student is able to bring in more documentation. In
making the determination, engage the student in the interactive process and discuss
changes that have occurred over the years, such as the services used, how they were used,
changes in technology and how accommodations were provided. DSPS must use
professional judgment in these decisions.
Personnel Resources
As outlined above, the only DSPS position required by Title 5 is a DSPS Coordinator.
However, there is no legal requirement for a full-time DSPS Coordinator, despite the fact that
having a less than 100% DSPS Coordinator raises inherent operational concerns. A college
may move DSPS personnel into other positions within the college. However, a college
cannot use DSPS funds to cover that individual’s salary and benefits, unless it is
proportionate to the activities the individual undertakes to serve DSPS students with
disabilities.
Likewise, a college may not use Title 5 DSPS funds for any general college operations
(Section 56064 & 56068).
In order to meet the challenges of ongoing budget crises, continued cuts in staffing levels and
increased DSPS student applications, DSPS activities need to be streamlined to ensure timely
delivery of services. This includes finding ways to utilize staff time and expertise in the most
efficient and effective manner. Not all tasks within DSPS have to be accomplished by
faculty, there are many processes that can and should be completed by classified staff and
student workers. Cross-training of all staff can help provide maximization of skills and
abilities. Cross-training can also assist in the event of a staffing reduction.
The ultimate responsibility for provision of services and accommodations rests with the
district and/or college, not the DSPS program. It is not acceptable to tell students they have to
wait to receive services. Timely delivery of services is critical. The date and time when a
service request is made should be documented in the file. An effective approach is to triage
the needs of incoming students. Continuing students asking for the same accommodations
they have received in the past don’t need to see a Counselor immediately. New students can
be given priority for counseling appointments and starting accommodations. In the case of
new students, there may be a need for services to be provided on a temporary basis pending
receipt of documentation. Legally, there is no requirement for an individual interview, so the
process can be a paper process handled by DSPS Counselor or Coordinator.
Remember that all requirements of documentation have to be met in order to claim the
student for funding, but the college has an obligation under federal law to provide the
services.
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Guide to DSPS: A Primer
While Title 5 requires oversight by DSPS
It is important to recognize that the
professional staff, paraprofessional DSPS
ultimate responsibility for
staff can take a significant role in
provision of services and
completing the intake procedure. For
accommodations rests with the
example, if a student comes in who has
district and/or college, not the
already registered with the college and has
DSPS program.
a completed DSPS application, along with
disability verification and/or up-to-date LD
assessment documentation, a DSPS paraprofessional staff member can schedule
appointments with appropriate staff, and, in some cases, initiate services. The
Coordinator/Counselor can review the file in a timely manner and sign the appropriate
documentation. As part of a triage system, students without necessary documentation or with
issues that only professional staff can resolve have priority for counseling appointments.
Component 6 of the LDES Model states that the LD Specialist, upon review of
documentation, determines whether the student is eligible for services as a student with
learning disabilities. For students who are determined to be eligible for services, the Learning
Disabilities Specialist identifies the student's educational limitations, develops the SEC and
approves accommodations and recommends compensatory strategies.
The DSPS Coordinator, Counselors and LD Specialist are all encouraged to become
generalists, so that they can take turns staffing a drop-in hour to answer students’ questions.
This will allow for sharing the responsibility of serving students.
In addition, WorkAbility III staff may assist at the entry point for students, as Workability III
clients are usually also DSPS students. If this is not the case, then all WorkAbility students
should be enrolled in DSPS. WorkAbility III staff can help in triage activities and should
document the contacts.
Student workers can provide extra help and are essential for many programs. Student
workers provide assistance with reception work and maintain the flow of paperwork. The
development of job descriptions that outline responsibilities, the provision of initial training,
and careful screening and ongoing supervision is very important. Student workers should be
required to sign a confidentiality agreement. The presence of student workers also
contributes to a welcoming environment in DSPS. But care should be given to ensure that
confidentiality is maintained at all times and that they are educated about the critical
importance of confidentiality.
Q. Are shared education plans and/or shared schedules among DSPS, EOPS, CalWorks,
and Counseling a breach of confidentiality for DSPS students?
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Guide to DSPS: A Primer
A. No, under FERPA certain educational records can be shared without breaching
confidentiality. However, you are advised not to share diagnostic records.
As an example of how a DSPS program utilizes their staff during intake, Mt. San Antonio
College utilizes a screening at the front desk by classified staff. After a verbal explanation of
the intake process, the student is given a folder containing forms. The folder includes an
application, verification of disability and release of information, as well as the student
handbook. When the student returns with their materials, the file is reviewed by a Disability
Specialist who either signs off on the student’s eligibility or refers the file to the Program
Coordinator, an LD Specialist or the Deaf/Hard of Hearing Counselor. After eligibility has
been determined, the student is assigned to a caseload of one of the appropriately certificated
staff members. For ongoing services, the student can see their assigned Counselor or may
stop by during “drop-in” hours, when they may or may not see their assigned Counselor.
It is also important for students to develop self-advocacy skills. A good way to start to
develop these skills, is by giving them a checklist of what they need to do prior to receiving
DSPS services. Here is an example of the steps that might be outlined:
Step 1: Complete College Application for admission
Step 2: Complete DSPS Application form
Step 3: Submit Disability Documentation and Release of Information form
Step 4: Take Placement Tests
Step 5: Bring completed documents to DSPS
Sacramento City and Foothill College
have excellent checklists for new students. San Diego has an
excellent one-page policy/procedure that describes paperwork requirements and service
provision requirements and student responsibilities that the student is required to sign.
The availability of video phone technology is a possible addition to a program’s resources for
communicating with students who are deaf and utilize sign language. Video phone
technology provides face to face video interaction with other deaf people or with a sign
language interpreter. This technology allows the callers to view one another, thus enabling
them to use direct sign language communication. Lake Tahoe has been successful in
securing video equipment at their DSPS program and has found it to be very effective for
counseling sessions and phone calls. The equipment is provided free of charge to the college
through the Sorenson company.
Another useful tool is a dual screen communicator such as Ubi-Duo or Interpretype. These
devices allow for communication with students who are deaf, when no interpreter is
available. The equipment provides for real-time communication via a keyboard and display.
These devices can be used as a tool for short interactions, such as at the intake desk or
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Guide to DSPS: A Primer
admissions department, not as a replacement for an interpreter. A student must be
comfortable with English, both expressive and receptive, in order to communicate via written
English.
DSPS Student Record Forms
There are five required forms (which may be combined) for DSPS student records:





Application for DSPS Services
Release of Information
Verification of Disability Status and Identification of Educational Limitations
Student Educational Contract
Educational Accommodations, Support Services, Documentation of Service Delivery,
including Accommodations Provided
Forms, like anything else, become cumbersome and outdated over time. We tend to forget
why we designed a form in a particular way. For these reasons, it is important to review the
forms used in the program on a regular basis to make sure they are meeting their intended
purpose.






Forms are used to provide information to the people providing the service.
Forms are used to provide information to the people using the service.
Forms are used to confirm information has been exchanged to protect the integrity of
the service.
Forms serve as a document of services provided and the date.
Forms are helpful for program auditors to review compliance measures.
Forms ensure that protocols have been met.
A well-designed DSPS website could provide access to all forms and policies as well as staff
contact information. Ease of access to this information benefits students and staff alike.
Students can advocate for themselves by utilizing the web to learn more about DSPS and
download forms. For staff, this would allow them to focus on other important front office
duties.
An important note to remember when designing DSPS forms:
The vast majority of DSPS students have learning disabilities. The forms that are read
and completed by these students should be simple, straightforward, and easy to read,
with clear unambiguous instructions for completion. Be sure to include only the
necessary information required.
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Guide to DSPS: A Primer
Application for DSPS Services
Title 5- Section 56002, Student with a disability.
This required form is simply a signed application for services and verification of enrollment
in the college. The application can be a simple one-page application form which would
include:






date of application;
name/address/email/phone number(s);
student ID#;
disability or diagnosis as self-reported by the student;
how the disability impacts the educational process; and
dated signature of both DSPS Specialist and student.
Or a multipage form may be developed with other information included, such as:





status as a client of Department of Rehabilitation;
other colleges in District that the student has applied to or is attending;
student’s highest level
of education;
It is important to review the forms used in
voter registration
the program on a regular basis to make sure
assistance; and
they are meeting their intended purpose.
current work status.
However, when deciding to add
more questions, make sure it is for information truly needed in order to initiate the process.
Students are required to complete a DSPS application acknowledging responsibility to
provide appropriate verification of disability.
Note: Many colleges include on the reverse side of the application a list of student rights
and responsibilities and complaint process, which the student can initial after reading.
The student then receives a copy of the signed form. Butte College has an excellent
application form.
DSPS Release of Information Form
Title 5- Section 56008, Student Rights.
A signed release of information form enables the college to verify the disability or obtain
other types of records. The form should include:


student name (including maiden name or other names used);
date of birth;
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Guide to DSPS: A Primer



student ID#;
student (or, if appropriate, parent/guardian) signature; and
types of records identified for release.
This form may also include a paragraph explaining the purpose of this form.
Students must sign a release of information form. With the student’s permission, this form
can be used by DSPS to obtain disability verification and/or to exchange disability related
information with college personnel who have a “legitimate educational need to know.” For
example, an instructor needs to be aware that a student with a print impairment should not be
called on to read aloud in class.
Some districts use forms that specify that information can be shared among the DSPS
programs within that district.
has a simple, easy to read and complete Release of Information form, Cuesta’s
form is also excellent and covers more specifics.
Moorpark College
Verification of Disability Status and Identification of Educational
Limitations
Title 5- Section 56006, Determination of Eligibility; Section 56004, Educational
limitation; Sections 56023-56044, Definitions of Specific Disability categories.
This form should contain:








student contact information;
date of birth;
student ID#;
name, address and contact information of verifying professional;
diagnosis (DSM Code and severity, if applicable);
description of substantial limitations to learning and other major life activities;
duration of disability; and
signature and professional title License/Certification # and date.
The student is required to submit documentation of their disability. This disability
documentation can be provided by a professional who is qualified to make the specific
diagnosis and is unrelated to the student: an M.D., licensed psychiatrist, clinical
psychologist, speech pathologist, audiologist, LD Specialist, a Marriage, Family and Child
(MFC) Counselor, licensed Clinical Social Worker, or by documentation from a referring
agency that obtains its verification from an appropriately licensed professional. In some
cases, such as with some mobility impairments, the first hand observation of a DSPS
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Guide to DSPS: A Primer
professional staff member with review by the DSPS Coordinator is sufficient to determine
eligibility.
The verification of disability should include the functional limitations resulting from the
disability. A diagnosis alone is not sufficient to provide the necessary information to
determine the educational impact of the disabling condition. The “educational limitations”
that result from the stated “functional limitations” are determined through discussion
between the student and the DSPS Specialist. The diagnosing professional who has signed
off on the disability verification form is usually not familiar with postsecondary education
requirements. Therefore, it is imperative that reasonable educational accommodations be
determined by the DSPS professional in coordination with the student. DSPS is not required
to provide all accommodations suggested by the diagnostician. For example, a physician
may diagnose ADHD and recommend the student be excused from meeting timelines for
assignments. This is not an appropriate postsecondary accommodation and there is no
requirement to allow this.
Although every effort should be made to encourage the student to obtain the necessary
documentation prior to the initiation of services, in special circumstances, provisional
services may be provided to the student while awaiting documentation. While possible, this
is a situation best avoided because once services have started to be offered, terminating their
delivery can be difficult. If provisional services are provided, the student should be informed
that the services may change once the medical information has been received.
Even though a student may be served, the program cannot claim funding for that student
without appropriate documentation. An approach might be to steer the student toward a
special class or lab rather than offering services and then having to withdraw those services if
no documentation is forthcoming. Students need to be made aware that appropriate
documentation must be provided for services to continue, that “provisional” is exactly that.
Some colleges place a time limit; others have policies and procedures that spell out the
process and timeline. Bottom line, it is ultimately the DSPS Coordinator’s responsibility to
ensure appropriate disability verification documentation has been provided.
The only time a student can be claimed as OTHER is if the student has a verifiable disability
that does not fall into any other disability category or while awaiting documentation if the
student has an observable disability or if the student is waiting for LD testing and/or has an
IEP specifying a learning disability.
has an excellent form with a second page which details documentation
requirements for verification of disability.
Cuesta College
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Guide to DSPS: A Primer
Student Educational Contract
Title 5- Section 56022, Student Educational Contract; Title 5- Section 56026,
Support Services; Title 5- Section 56028, Special Class Instruction; Title 5- Section
56029, Special Class Repeatability.
The Student Educational Contract (SEC) should include:







student name;
contact information;
student ID#;
date of application for DSPS services;
long-term educational goals, objectives, and activities;
stated measures to be used in determining progress; and
description of services to be provided. (see below)
NOTE: The SEC should note the relationship between proposed educational activities and
educational limitation(s).
Note: Whenever possible, the SEC shall serve as the Student Educational Plan (SEP).
The Student Educational Contract is required to be reviewed annually by DSPS staff.
However, many programs review the SEC each term, as needed accommodations may
change when courses change. If there are no changes to disability status or required
accommodations, a classified staff member can meet with the student to obtain a
signature. (This is one of those gray areas. It is not a perfect solution, but in these times
can be utilized.) Moorpark College, Foothill College, Mt San Antonio and El Camino
College all have excellent forms.
Educational Accommodations
Title 5- Section 56026, Support Services; Documentation of service delivery,
including accommodations provided, in accordance with the Student Educational
Contract for the student.
The provision of DSPS accommodations must relate to the educational limitation(s) of the
student. This is the most important requirement of eligibility and the provision of service.
The presence of a disability doesn’t guarantee eligibility. The deciding factor is whether the
student has a limitation in the educational environment as a result of the disability. Only
qualified DSPS personnel may make the determination of the applicable accommodations.
The form should include both the student’s signature and that of the DSPS professional.
When this form is shared with the student’s instructor, it verifies that the request for
accommodations is legitimate and approved by DSPS.
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Guide to DSPS: A Primer
The accommodations form, usually an extension of the SEC, lists the educational limitations
and authorized accommodations/services. Usually this is a comprehensive list of all academic
accommodations and/or support services offered by the program, with a place to identify
those authorized for the student.
Student Rights and Responsibilities Form
Title 5- Section 56008, Student Rights; Title 5- Section 56027, Academic
Accommodations: a signed acknowledgement that the student has been provided
with information on and understands his or her rights and responsibilities with regard
to DSPS services; Title 5- Section 56010, Student Responsibilities.
This acknowledgement does not require a separate form; it can be part of the application
form or the SEC/educational accommodations form. The essential component is that the
student signs that they have read and understood their rights and responsibilities.
Student File Security
Documentation in files should be sufficient to allow a reviewer or other authorized person to
determine that:

Medical verification with a signature from the provider making the diagnosis; and
Documentation showing that:





the student was eligible to receive services;
appropriate service planning was done;
the student was fully informed about the process;
services were delivered as planned; and
the student’s rights were protected.
The student record should also include documentation of:




any abuse of DSPS service;
code of conduct issues;
academic standards issues, and/or;
counseling notes or other service documentation.
In addition, written notifications of accommodation or service problems encountered by the
student may be placed in the file.
All student records need to be kept in one secure location, any files taken out for review
during the day should be placed back in the file cabinets, which should be kept secure at all
times.
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Guide to DSPS: A Primer
Student Services
Title 5 Guidelines: Section 56026
Notwithstanding current federal and state disability law, each college can determine which
services they will provide students with disabilities.
As DSPS has evolved, some services and approaches have developed as efficient and
successful strategies to meet the legal requirements for providing accommodations and
services based on student need. So, while there may be no direct legal or regulatory
requirement to provide a specific service, there may be an institutional standard and general
programmatic expectation that has developed regarding such services. These services have
grown out of a long-standing and substantial history of serving the diverse needs of students
with disabilities attending California Community Colleges. Examples of such services are
Learning Disability Assessment, Special Classes and High Tech Center services. None of
these three services is specifically required by state or federal law or regulation to be
provided by colleges to students with disabilities, but the contribution they make to meeting
student needs and to ensuring accommodations are provided in an effective manner is the key
reason colleges choose to provide them. They provide the means to the end. Obviously, the
issue of what is “mandated” is complex and therefore must always be addressed on an
individual basis, in consultation with your administration, ADA Coordinator and if necessary
district legal staff.
It should be noted that colleges can establish DSPS service policies that outline student rights
and responsibilities, such as notification requirements that apply when a student will be
absent from class and thus not need a specific service, such as an interpreter. However, such
policies must be reasonable and fair, be applied to all students, and be provided in advance to
DSPS students in an accessible format.
What Constitutes a DSPS Service Contact for MIS Reporting Purposes?
Student Contacts for MIS Reporting
Title 5- Section 56062, Provision of Support Services or Instruction Dates and nature
of required student/DSPS contacts (at least 4 contacts per academic year are
required)
". . . a student with a disability must be enrolled in either a special class or a regular class at
the college. If the student with a disability is enrolled in a regular class, the student must
receive four or more service contacts during the academic year. A service contact is defined
as each time a service, as defined in Section 56026, is provided to the student. "
A student who is auditing a class or who is taking community service classes is not eligible
for services funded through the DSPS program. These are fee generating classes and it is
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Guide to DSPS: A Primer
advisable that the college keep in mind that it has an obligation to provide services to
students with disabilities in these and other instances in order to meet the requirements of
Section 504 of the 1973 Rehabilitation Act (29 U.S.C. 794) and Assembly Bill 803
(Government Code Section 11135 et. seq.) and the Americans with Disabilities Act (ADA)."
Definition of a service contact:
A DSPS service contact is any DSPS service that is provided to a student related to the
student’s educational limitation as caused by their primary and/or secondary disability. A
DSPS service contact can involve tutoring, notetaking, registration assistance, counseling,
interpreting services, etc. Each time a DSPS service is provided, it counts as a DSPS service
contact for MIS reporting purposes. For example, if the DSPS program provides a tutor three
times a week for 9 weeks, that would be a total of 27 service contacts. However, a student
who comes in for a counseling session and talks about four different services they will
receive during the semester has not received four services. They have received one
service…counseling, which enabled them to plan for additional services to be received in the
future.
A service contact is:



Meeting with a student to discuss classes, accommodations, etc.;
Meeting with a student for an annual update of their SEC;
An online or telephone conversation of substance or outcome-oriented.
For example, an online ‘to and fro’ via email or other electronic means between a student and
the Interpreter Coordinator regarding which classes the student is taking and the need for
interpreters would be considered a contact. A telephone conversation regarding classes and
accommodations between DSPS staff and student would be considered a contact.


Training to use assistive technology.
Students who attend an approved “Special Class” designed for DSPS students should
receive four contacts reported in MIS.
A service contact is not:

A telephone call to remind the student of an appointment or letters/ newsletters sent
out to students at home.
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Guide to DSPS: A Primer
Definitions of Services Commonly Provided and Service Contacts
Associated with Each
The primary focus of DSPS is to support students in mainstream classes. Title 5
Implementing Guidelines: Section 56026 states "A college will elect to offer services based
on the population of students with disabilities served. All services addressed in Section
56026 are discretionary notwithstanding state and federal law. The college can determine
which services are best provided by the DSPS office or by other departments on the campus."
For questions about what constitutes mandated versus non-mandated services, it is
recommended that you review the FAQ_Regarding_Students_with_Disabilities.
The guidance provided in this section of this document was developed solely for use in the
“Other Disabilities” research activity and should not be construed as a Chancellor’s Office
directive. However, as participant colleges used these definitions, they expressed the
sentiment that this type of guidance was helpful beyond the confines of the study.
We, therefore, share this as a guide that may prove useful in building consistency both within
and across programs. It is not intended or considered to be a final, comprehensive manual in
determining service contacts or the definitive answer to questions of what constitutes a
service contact and exactly how each should be counted. As always, when in doubt, present
your questions to the experts at the Chancellor’s Office.
Definitions of Data Elements
For the purposes the “Other Disabilities” study the following definitions were
applied:
Academic counseling/advising – An interactive session between a student and a counselor
(DSPS or college staff counselor assigned to students eligible for DSPS support) for the
purposes of developing a Student Educational Contract, identifying and mapping classes for
a major/minor, discussing academic progress, or any matriculation issue. In cases of distance
education this does not necessarily mean a face-to-face session. Use of Skype, email or other
forms of technology for an interactive counseling session can be recorded as a service
contact.
Adapted/Adjustable Furniture (AAF) – Any non-standard piece of classroom furniture
(i.e., chair, table, or desk) that mitigates a student's functional limitation can be characterized
as AAF. One service contact can be counted for each piece of AAF placed in a classroom or
instructional activity (e.g., three pieces of AAF placed in three separate locations would
constitute three service contacts).
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Guide to DSPS: A Primer
Adapted Physical Education (APE) – APE is designed for adults whose educational and
functional limitations preclude them from fully participating in non-adapted physical
education. APE is specifically designed to address a student’s educational and functional
limitations that are directly related to their verified disability. Participation in each class the
student attends is counted as a service contact.
Alternate Media – Federal and state law require community colleges to operate all programs
and activities in a manner that is accessible to students with disabilities. The terms “alternate
media” or “accessible formats” are synonymous for the purpose of this definition and refer to
methods of making information accessible to persons with disabilities. The most common
types of alternate media are audio files, Braille, tactile graphics, taped tests, large print, and
electronic text. Count as one service contact the production of each document created or
produced by DSPS during a term. For example, if an authorized student requests three books
in Braille, each book produced constitutes a service contact. If the book is produced in
chapters over the course of a single term, only one service contact is counted for that book –
e.g., although the book may have twenty chapters, twenty service contacts cannot be claimed
– only one service contact can be counted for the production of one book. If, however, a
student requests large print or Braille production for a class handout, a service contact can be
counted for each handout produced in alternate media. See Guidelines for Producing Instructional
and Other Printed Materials in Alternate Media for Persons with Disabilities for more details.
Assessment – Assessment is the process by which functional educational limitations,
academic readiness, and vocational interests, as well as verification of disability are assessed
for a student with a disability. Any assessment conducted by the DSPS program must not
replace or supplant existing general college assessment services. Each interactive session of a
DSPS assessment can be counted as a service contact. For example, a student may require
multiple sessions to complete a comprehensive assessment, such as separate sessions for
math and English.
Assistive Listening Devices (ALD) – Any device that helps a student overcome hearing loss.
Usually the term ALD describes personal devices that transmit, process, or amplify sound. If
an ALD is loaned to a student for a term, one service contact can be claimed for that term,
regardless of the number of times the student uses the ALD.
Assistive Technology (AT) – AT is any durable piece of equipment (i.e., keyboard, monitor,
hardware) or software (i.e., screen reading technology, word prediction, print enlarger) that
has been adapted or modified to mitigate the effects of disability. AT allows a student with a
disability greater access and independence to information, word processing, college portals,
library collections, course materials, and other formats. A CCTV would be covered in this
category. If AT is loaned to a student for an academic term, one contact can be counted for
each piece of AT loaned. If the AT is housed in a computer lab funded by DSPS (e.g., DSPS
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Guide to DSPS: A Primer
staff, DSPS equipment, DSPS programs), each time the student uses the AT in that lab can be
counted as a service contact.
Assistive Technology Training – Programs such as JAWS, Dragon, Inspiration, Kurzweil,
etc. may require individual or small group training in order for the student to be an
independent user. Each training session on a piece of Assistive Technology can be counted as
a service contact.
Calculator and Spell Checker – A calculator is a tool that assists a student in performing
basic computations or logarithmic functions. Spelling is considered incidental to overall
composition and it is not overtly taught in the college setting, except in the Spelling course.
Therefore, it can be accommodated with appropriate tools (electronic spell checkers,
computer spell checking functions, and/or hand-held spelling dictionaries such as the
“Misspeller’s Dictionary”). Calculators and spell checkers may be provided by a student or
DSPS. A single service contact can be counted for the authorization of a calculator or spell
checker. (See Equipment Loan) If you need to advocate with an instructor for the use of a
calculator or spell checker, this would also count as a service contact, as well.
Computer Assisted Real-Time Transcription (CART) – CART (speech-to-text) uses a
person specially trained to transcribe speech into viewable text, using a computer and an
input device especially designed for this purpose. With CART, a student who is hard-ofhearing, deaf or has other disabilities can follow the text of what instructors or classmates are
saying within a second or two of them speaking. CART also allows saving the transcribed
text as a computer file that can be provided to the student for additional review. Each time
CART is provided for during a term/semester counts as a service contact. (CART provided
for a student fifteen times during a term/semester would count as fifteen service contacts.)
Disability-related Counseling – An interactive session for the purpose of discussing the
management of a student's disability (i.e., health care while attending classes, managing
medications and nutrition, access to mental health services). Each counseling session can be
recorded as a service contact.
Distraction Reduced Setting – The use of noise canceling headphones or earplugs, a remote
site from the classroom to allow the student to read a test aloud or verbalize answers prior to
recording them, or any combination of services and accommodations that reduce visual or
audible stimulation or allow a student to verbalize without causing a distraction to other
students. The use of a distraction reduced setting for an instructional or testing session can be
counted as a service contact each time it is used.
Equipment Loan – Any piece of durable DSPS equipment loaned to a student during a term
(i.e., recorder, spell checker, assistive listening device, calculator, motorized scooter,
30
Guide to DSPS: A Primer
wheelchair). Each piece of equipment loaned to each student can be counted as a service
contact for that term. However, if extra time is required in dealing with equipment loan
issues, these can be counted as additional contacts.
Extended Time on Quizzes, Tests, and Exams – Some students may be authorized an
extended amount of time to complete in-class, on-campus or online exams because of the
side effects related to medications, physical limitations associated with a disability, cognitive
impairments, or a specific learning disability. A service contact can be recorded each time
this service is used.
Learning Disability Assessment (California Community College Learning Disability
Assessment Eligibility and Services Model, re: LD Assessment) – The processes approved
by the Chancellor’s Office is used for the identification of students with learning disabilities.
Each session that the student participates in the LD Assessment model can be counted as one
service contact. LD Eligibility Model Handbook Introduction and Overview
Liaison/Referral to Instructors, College, and Community Resources – Referrals to oncampus offices (i.e., instructors, Financial Aid, Job Placement, EOPS) and community
resources (i.e., Department of Rehabilitation, community shelter, social welfare agencies) are
generally made during a personal counseling appointment and this service would usually be
recorded as a part of the contact counted in a regular counseling session. However, if the
referral includes walking the student over to the tutoring center or meeting with other
personnel to introduce or discuss the referral, that activity would count as a service contact.
Mobility Assistance- Physical assistance provided most often to a qualifying student directly
related to their participation in an instructional activity (e.g., loan of a wheelchair or scooter,
assisting with the changing of clothes for an adaptive physical education course, removing
materials from a backpack and placement on a desk). A service contact can be counted each
time mobility assistance is provided.
Mobility and Orientation – A limited training to the campus emphasizing safety and
effective travel provided to individuals who are blind, visually impaired, have difficulty
ambulating, use a wheelchair for mobility, or have been diagnosed with an intellectual
disability. The "mobility" piece generally assists the student in knowing how to get to where
they want to go and the "orientation" portion aids the student in knowing their location on
campus. A service contact can be counted each time mobility and/or orientation to the
campus is provided.
Move Classroom – Notwithstanding federal or state laws, it is sometimes necessary to move
the location of a classroom for reasons of accessibility. Any relocation that is advocated,
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Guide to DSPS: A Primer
initiated, and monitored by a DSPS staff member can be counted as a service contact for each
student with a disability who requires specific access to that class.
Notetaking/ Notetaking paper– The provision of notetaking services in the classroom
includes notetaking assistance, or the manual manipulation of instructional materials, such as
in-class completion of handouts or worksheets. A service contact can be counted each time
the service is provided (i.e., notetaking/scribe services provided fifteen times during a term
could be counted as fifteen service contacts). Notetaking paper is paper or a document that is
used, primarily, for classroom notetaking purposes and provided by DSPS. Common
notetaking papers include NCR (No Carbon Required), large-ruled paper for large print, and
three-hole punched notebook paper. If notetaking is provided by another student taking the
same course, the use of a copy machine may be authorized and counted as a contact.
Scribe Services – Includes the services of a scribe writing student's responses (verbatim)
when a student is unable to physically enter data during the class session and/or test. A
service contact can be counted each time the service is provided.
On-Campus Transportation – Any on-campus transportation (i.e., golf cart, paratransit bus,
wheelchair [either motorized or pushed]) provided by DSPS to mitigate a disability
associated with, but not limited to, ambulation, a pulmonary or cardiac condition, arthritis,
cerebral palsy. Once authorized, on-campus transportation can be counted as a service
contact each time it is used.
Personal Counseling – Is an interactive session to assist a student resolve issues that may be
preventing the full achievement of educational, social, or vocational/career goals. Issues may
include study skills (i.e., enhancing memory, time management, academic coaching),
personal behavior, substance abuse, mental illness, or any personal issue the student requests
assistance resolving. While DSPS professionals can often assist the student in successfully
resolving a personal issue, a session for personal counseling may result in a referral to
college or community resource. A service contact can be counted each time a personal
counseling session is held.
Personal Locker – A sheltered space for a student to secure personal belongings or course
materials while on campus. In order for a locker to be claimed as a service contact, it must
(1) be authorized as a service or accommodation by DSPS and (2) it must be provided by
DSPS. A locker in the college gym or music room, for example, cannot be counted as a
service contact.
Preferential Seating – A student may be authorized for preferential seating in a classroom or
activity setting because of functional limitations imposed by a disability. Functional
limitations may include, but are not necessarily limited to, deafness or hard-of-hearing, low
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Guide to DSPS: A Primer
vision, psychological disability (i.e., any anxiety disorder characterized by unexpected and
repeated episodes of intense fear), and physical disability (i.e., irritable bowel syndrome,
Crohn's Disease). For each setting in which preferential seating is provided during a term, a
service contact can be recorded.
Priority Registration – Granting a student permission to register for classes before the
general student population in order to appropriately accommodate disability related issues.
Priority registration is often used as a cost effective way to provide accessibility for students
with disabilities. For example, allowance of lead time to secure the accommodation of the
alternate text in a timely manner. One service contact can be claimed for each term/semester
a student uses priority registration. Priority Registration FAQ
Reader- A sighted individual who reads written materials for the benefit of a person who is
unable to read print. The materials may be read and recorded or may be read in person. This
service includes the coordination and provision of access to information required for
participation in an instructional or testing activity if access is unavailable in other suitable
modes (e.g., alternate media, audio file). A service contact can be counted each time a reader
is provided to a student.
Recorder – A recorder, either analog or digital, may be authorized for a student whose
functional limitation, educationally, restricts, impairs, or prevents adequate notetaking,
enhancing short or long-term memory, or aids in auditory processing. A service contact can
be counted for each course for which a recorder is provided.
Registration Assistance – Registration assistance is different from priority registration in
that direct, personal assistance by DSPS or college staff is provided to a student to initiate
and/or complete the registration process. The authorization for registration assistance can be
counted as a service contact once each term/semester. However, there are instances where
students (in particular those who are deaf or visually impaired) may return several times to
obtain assistance adding or dropping classes, in which case, a service contact can be counted
for each session required to complete the registration process.
Service Animal –Beginning on March 15, 2011, only dogs (and miniature horses) are
recognized as service animals under Titles II and III of The Americans with Disabilities Act
(ADA) . ". . . Service animals are defined as dogs that are individually trained to do work or
perform tasks for people with disabilities.” Examples of such work or tasks include guiding
people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and
protecting a person who is having a seizure, reminding a person with mental illness to take
prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD)
during an anxiety attack, or performing other duties. Service animals are working animals,
not pets. The work or task a dog has been trained to provide must be directly related to the
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Guide to DSPS: A Primer
person’s disability. If a dog meets this definition, it is considered a service animal regardless
of whether it has been licensed or certified by a state or local government or a training
program. Dogs whose sole function is to provide comfort or emotional support do not qualify
as service animals under the ADA. Please review the ADA Technical Assistance Brief on Service
Animals and Policy and procedure guidance on service animals. If DSPS is involved in the
authorization of a service dog (or miniature horse) or, more likely, involved in disputes or
issues arising from a service dog, each interaction can be counted as a contact.
Sign Language Interpreter (SLI) – In an educational setting, an SLI facilitates
communication between a student who is deaf and instructors, classmates, and college staff
(i.e., student services personnel, instructional support staff). Each time sign language
interpreter services are used, a service contact can be recorded (e.g., three counseling office
appointments, one meeting with financial aid officer, fifteen classroom sessions would total
nineteen service contacts for the term/semester).
Special Classes – Title 5 Implementing Guidelines, Section 56028, defines a special class as
an activity which:
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Produces revenue in the same manner as other general college instructional activities;
Has been approved through the normal curriculum review process;
Is designed to overcome a student’s educational limitations or assist the student in
acquiring skills necessary for completion of the goals set forth in the SEC;
Is taught by specially trained instructors who hold the appropriate DSPS minimum
qualifications; and
Utilizes materials or instructional methods adapted to the disability related needs of
the students.
From an MIS perspective, DSPS will be deemed to have “provided support services or
instruction” to a student with a disability, as required by Section 56060, if the student is
enrolled in a special class.
Speech Services- In order to be counted as a service contact, this service should supplement
instructional activity and be provided in conjunction with participation in the educational
offerings of the college. Speech therapy, like physical, music, recreation, and occupational
therapy, cannot be funded by DSPS. When provided as a supplement or in conjunction with
an instructional activity, one service contact can be counted each time speech services are
provided.
Special Parking (Handicapped Parking) – Parking facilities on campus should include
adequate spaces for students with disabilities. Parking Requirements If DSPS is involved in the
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Guide to DSPS: A Primer
provision of special parking passes or involved in any issue regarding parking spaces,
accessible route of travel, etc., a service contact can be recorded for each term/semester or
issue.
Transportation Assistance (off-campus) – Off-campus accessible transportation must be
provided if the college provides transportation for non-disabled students. This requirement
includes transportation for field trips and other instructional activities where transportation is
provided for all students. DSPS is usually involved in working with instructors/facilities in
ensuring accessible transportation is available. A service contact can be recorded each time a
student is provided transportation assistance.
A wait of more than a
Tutoring Services – Under Section 504 of the 1973
month to see a Counselor
Rehabilitation Act, students with disabilities must
is not acceptable.
have access to general college services. The DSPS
program may offer specialized tutoring services but
the tutoring services must be disability related rather than the general tutoring available to all
students. A service contact can be recorded each time specialized tutoring is provided.
NOTES:
Co-curricular Activities—If a co-curricular activity is a requirement of a course in
which the student is enrolled (e.g. class field trip, class visit to a museum), any service that is
provided for that activity (i.e., mobility assistance, videography of an inaccessible site,
paratransit vehicle) should be counted under the specific service.
Equipment loan is counted as one service contact for the term/semester. However, if
additional time is required with the student regarding use of the equipment, additional service
contacts can be recorded.
As always, rely on your professional judgment and experience in documenting eligibility for
DSPS services, appropriate educational accommodations, and number of contacts counted
for each student.
Timely Service Delivery
The most critical job of DSPS staff is to ensure the qualified student is provided with the
most appropriate services and academic accommodations and that these are provided in a
timely manner. First and foremost, it is important to recognize that the ultimate responsibility
for provision of services and accommodations rests with the district and/or college, not the
DSPS program. Remind the college administration that the proportion of cuts to DSPS has
been greater than cuts in general funds of the college. Costs now are considerably less than
lawsuits later. It is important to consider strategies when there is no funding available. It is
not acceptable to tell students they have to wait to receive services. Think about triage;
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continuing students asking for the same accommodations they have received in the past don’t
need to see a counselor. New students can be given priority for counseling appointments and
starting accommodations. In the case of new students, start the services and do not wait until
all the documentation is in. Legally, there is no requirement for an individual interview, so
the process can be a paper process handled by DSPS Counselor or Coordinator. Remember
that all requirements of documentation have to be met in order to claim the student for
funding, but the college has an obligation under federal law to provide the services.
Standardized forms should be developed for accessing alternate media requests, notetakers,
and other classroom accommodations. Develop a clear procedure that students can follow to
access services within the department. The procedure should be written and available for
students to refer to either on the DSPS website or in a student handbook. All DSPS staff
should understand that process as well. When classroom accommodations request forms are
completed each term/semester by the student, classified staff may assist if necessary. Once
approved, an authorization form is sent by DSPS to the instructor or carried to class by the
student. Some colleges make use of an electronic notification system. An accommodations
authorization form is generated online and sent by email to each instructor.
Although the SEC is updated annually, accommodations may change each semester
depending on class taken, text books required, examination formats, etc. It is the student’s
responsibility to contact DSPS as early as possible regarding alternate text services,
interpreter services and any other DSPS accommodations/services that require significant
lead time for organization and/or set-up. In the case of alternate media, the student must
purchase the required books prior to requesting the text in alternate media.
Increasing the student’s responsibilities in the process of identifying, approving and notifying
faculty regarding accommodations will help develop independence and self-advocacy skills
that they will require throughout adulthood.
Intake Efficiencies
As stated earlier, a wait list to see a Counselor of more than a month is not acceptable.
Programs need to be creative in finding ways to meet the needs of students in a timely
manner. Group orientations or online orientations can be very helpful in avoiding a delay in
service delivery.
Group intake sessions of approximately 2 hours can also be utilized to ensure students are
processed in a timely manner. In this scenario, student documentation would be submitted
and reviewed in advance of this group intake. A group of 10 new-to-DSPS students would
receive an overview of DSPS, learn which classes they should take, how to register for
classes, access DSPS services and sign their student educational contract with DSPS. Brief
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Guide to DSPS: A Primer
one-on-one appointments would follow to discuss remaining issues. Gavilan College and
Diablo Valley College are possible resources for group registration procedures.
DSPS Counselor drop-in times are also critically important to consider. The students who
aren’t doing extensive education plans but just have quick questions can be taken care of
during drop-in times.
Some colleges have DSPS Counselors do only accommodation counseling and all academic
counseling goes to General Counselors. If that were the case, a Counselor could do up to 5
intakes a day, 25 per week, and still have a little time for drop-ins related to
accommodations.
At West Valley, the DSPS program has utilized videos to showcase their services. Prior to
meeting with the Accommodations Specialist, students are required to watch a video. The
video offers visual introductions of the accommodations staff, including the
Accommodations Specialist, the Mobility Specialist and the High Tech Center/Alt Media
Specialist. Each describes the services they provide and explains the procedures. The
program has found this added step to be invaluable as a time saver for staff. In the past,
individual meetings with students where procedures and services were described and
explained in detail resulted in significant duplication of effort for the accommodations staff.
After viewing the video, the student meets with the Accommodations Specialist where
required forms are completed. The student is then asked to submit their schedule along with
accommodation requests. After data entry, instructors are notified of approved
accommodations, either by email or hard copies of the accommodations form in their
mailbox. Other service forms that may be required:
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Audio/Video Tape agreement
Equipment Loan agreement
Adaptive Furniture request form
Service Animal form
Good faith effort checklist for documentation in requesting course substitution or
course waiver
Referral forms within DSPS (to LD Specialist, to HTC, etc.)
Outreach and Transition
It is recommended that staff provide necessary application information to feeder high schools
on the availability and eligibility for DSPS services. The staff should also meet with
instructors on campus, as needed, to assist with the adjustment students are making to the
college.
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Guide to DSPS: A Primer
Many colleges develop a transition guide for students and their families that addresses topics
that may be confusing due to the difference in college accommodations. These transition
guides may include an overview of the differences between open enrollment and benefitting
from the classes and instruction. It might also include a discussion contrasting the mandated
services in the K-12 system to those available in the college setting, as well as the selfadvocacy role that students need to assume when they attend college. Additionally, the status
as “adult” at age 18 which shifts the responsibility for decisions from the parent to the
student is typically addressed.
Q. Can we provide priority registration for concurrently (high school) enrolled DSPS
students?
A. Yes. It is important to note that when provided as part of a disability accommodation,
priority registration should not be limited to continuing students, but be available to new
students, as well, if they have a disability related limitation in the educational setting where
priority registration is used to enable the timely provision of an accommodation. For
example, high school students with disabilities who need priority registration to ensure an
accommodation based on their functional limitation(s) should be allowed to register in the
spring priority registration period for the fall, rather than having to wait until registration
opens up to other high school students. (Excerpted from the Priority Registration FAQ
issued by the Chancellor’s Office in 2009.)
Behavioral Issues
There are occasions when faculty and staff around campus call on DSPS to handle behavioral
issues with students who have disabilities. The call comes in that “one of your students” is
creating a problem. It is important to remind others on campus that these are “our” studentsstudents of the college- and DSPS is not responsible for managing the behavior of students
with disabilities at all times they are on campus. However, there are some times when DSPS
will become involved, when your intervention can heighten awareness of disability issues.
When concerning student conduct, an official college disciplinarian should be involved.
Vice President of Student Services is often the college’s Judicial Officer whose responsibility
is to investigate and ask questions and then will act according to law, i.e., follow due process.
In these cases, it is important to determine if the student’s behavior is related to a disability.
In the case of disruption in the testing process, determine the course of action through an
interactive process with the student. Is there an accommodation to allow the student to use
the testing process without disruption, such as taking a break?
A common problem faced by DSPS programs is students who do not show at their assigned
appointments, particularly when there is some lead time before the appointment occurs. This
issue has been addressed at Mt. San Antonio College through a procedure that requires the
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Guide to DSPS: A Primer
student to come into the office and see the Coordinator after two no shows. If the student has
a third no show, they are informed that they may lose priority registration as an
accommodation, and they must come in to see the Coordinator or their Counselor within 14
days of being warned. When the student comes in to see the Coordinator or a Counselor,
their rights and responsibilities are reviewed and in order to reinstate priority registration,
they must sign a contract that outlines their commitment to attend scheduled meetings and
classes.
Additionally, there may be a request to suspend services because a student is not showing up
for classes for which an interpreter is being provided. The courts say you really can’t
terminate services in an arbitrary way; it must be the same for students with and without
disabilities. It is recommended that you meet with the student and set conditions, such as, if
student shows up 20 minutes late for class by habit; require that the student call within an
hour of class to notify you that they will be in class.
As another example, a student brings in psychological documentation that states he has been
noncompliant with medications. This individual has identified as a student with a disability.
The doctor’s disability verification says he has difficulty understanding rules, such as
conduct. If the student is suicidal, an independent medical exam may be necessary. The
student could be evaluated by their own therapist or in a hospital setting. It is probably in the
best interest of the college to have a specialist conduct the evaluation, rather than a primary
care physician.
Test Accommodations
Providing timely testing accommodations can be an issue. Exams must be delivered to DSPS
and returned to the instructor in a timely manner. Many DSPS programs have difficulty
gaining complete cooperation of faculty in this process. Consideration may be given to
working out an arrangement with the campus Assessment Center for them to proctor all tests.
DSPS staff should ensure Assessment Center staff understands the various types of test
accommodations provided to students with disabilities, and DSPS staff could be assigned to
cover various hours at the assessment center. Bakersfield College is an excellent resource for
information about their use of the assessment center for test proctoring.
Another option regarding testing accommodations is installation of video surveillance in the
testing areas. The addition of these cameras not only makes the work of the person
proctoring more efficient, but also colleges report that the very presence of cameras seems to
reduce cheating.
Q. What is the nursing/allied health program at a college required to provide as a
reasonable accommodation in the following:
 Classroom exams
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Guide to DSPS: A Primer

Assessment of technical application ability, i.e., giving injections (time and ½?)
A. In terms of in-class testing, students are entitled to extra time and other
accommodations. In clinical application, a student may be entitled to certain
accommodations, i.e., extra practice of tasks. However, when technical application of
learning is being tested, a student would have to meet the same standards as other
students. This is especially true if the skill involves a health and safety consideration.
There may be different standards for different tasks. Assess if health and safety issues
apply to the particular task. For example, a student may be granted extra time in relation
to setting up their work area, but in performance of the technical activities, the student will
need to meet the time requirements. Otherwise, this presents a fundamental alteration.
Q. How many testing center hours for accommodations are reasonable? What are the
rules for testing accommodation hours?
A. The expectation is that students should be provided the opportunity to take their exam
on the same schedule as their non-disabled peers. Ideally, testing accommodations should
be offered in both evening and Saturdays to align with the regular class schedule. When
an OCR complaint addressed this issue, particularly in terms of evening and weekend
classes, OCR actually supported DSPS extending hours, in order to improve services.
There may be circumstances where the college would allow for some flexibility in time;
this would call for an interactive process to make adjustments. An example would be when
two exams are given on the same day and the provision of extra time interferes with
offering the test at the same time that the rest of the class is taking that exam. It would be
advisable to have the instructor and student sign off on the schedule change. Also, it is not
necessarily only a DSPS responsibility; there may be assistance available through the
learning resource center or assessment center. Think creatively about who might be able
to help you with proctoring.
High Tech Center
A computer lab dedicated to students with disabilities and operated by DSPS is commonly
referred to as the High Tech Center. The purpose of the lab is to teach students to use
assistive technology that may overcome educational barriers or limitations caused by their
disability. Referrals to the HTC are one area where clear communication among staff is
essential. The office may develop a referral form for Counselors to use in referring students
to the HTC. Some Counselors and LD Specialists may not be fully conversant in the various
technologies that may work for their students. Additionally, when referrals are made, those
making the referrals do not always learn the disposition of the referral. To address this issue,
hands-on training for the professional staff in the assistive technology that is available for
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Guide to DSPS: A Primer
students is a recommended approach. Utilizing a small portion of each staff meeting
demonstrating and working with the software will better acquaint the staff to appropriately
recommend Assistive Technology (AT) for students and will increase their comfort level of
making referrals to the HTC.
Alternate Media
One of the biggest issues in the timely delivery of services to students with disabilities is the
delivery of alternate media. It depends on numerous activities that have to come together.
Alternate Media is any instruction- related material which is converted or altered from its
original state into a different format so it is accessible and usable by people with disabilities.
This may include, but is not limited to, Braille, ASCII text, large print, recorded audio,
electronic text (e-text) formats, and video captioning.
Community College Districts bear the ultimate responsibility under federal law for ensuring
that they can respond to requests for materials in alternate media (e.g., ensuring an equal
opportunity to participate in and benefit from an educational program and guarantee equal
access to people with disabilities, as in State Government Code Sections 11135-11139.5, and
the federal laws of Section 504 of the federal Rehabilitation Act and the Americans with
Disabilities Act (ADA). Providing materials in alternate media formats is a college-wide
responsibility, because members of the public who have disabilities may need access to
materials in your library or to college publications. Moreover, providing instructional
materials in alternate media for students with disabilities in a timely and cost efficient
manner is complex and demands the involvement and cooperation of all campus
stakeholders.
There are several considerations that must be taken into account in determination of
appropriate alternate formats. The most significant of these considerations is the preference
of the person/student making the request concerning the type of alternate format that will be
most effective for their use. Section 35.160 of the regulations implementing Title II of the
ADA specifically states: “When determining what type of auxiliary aid and service is
necessary, a public entity shall give primary consideration to the requests of the individual
with disabilities.” (28 CFR § 35.160(b) (2).) Thus, whenever possible, information should be
provided in the alternative format preferred by the person making the request (i.e., Braille,
audio tape, large print, electronic text). However, if it would be unduly difficult or expensive
to provide the material in the requested medium by the time it is needed, the college may
offer to provide it in another medium which would be equally effective given the needs of the
person/student requesting the accommodation. To determine whether a proposed alternative
format would be equally effective, the college should enter into an interactive process with
the student with the disability.
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Guide to DSPS: A Primer
As one of the steps required to achieve timely delivery of alternate media, faculty members
must be urged to make textbook selections as far in advance as possible. Likewise, the
bookstore needs to place orders as early as possible. Faculty should also be asked to provide
syllabi, handouts and other materials as far in advance as possible and to utilize electronic
text (e-text) when available.
The student requiring alternate media as an academic accommodation is typically given
priority registration in order to identify required texts with adequate lead time. Students must
be registered in the course for which they are receiving alternate media. In most cases,
materials will be delivered in one of the following manners:
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audio-taped textbooks through Learning Ally (RFB&D);
the conversion of textbooks and handouts to CD (Daisy or MP3) or enlarged print text
by DSPS;
the conversion of textbooks and handouts to electronic textbooks (e-text) by DSPS; or
the conversion of test and course materials into e-text by DSPS.
Under the provisions of the Cooperative Agreement between the Department of
Rehabilitation and the state Chancellor’s Office, students who are legally blind and clients of
the Department of Rehabilitation will receive audio taped and Braille textbook services from
that department. All other course handouts and/or materials are to be converted into
accessible formats by DSPS.
Students are an important link in achieving timely delivery of alternate media. Those
utilizing alternate media services are responsible for providing the Alternate Media Specialist
with course textbook information, a copy of the syllabus, and/or copies of the course
handouts and materials for each class in which alternate media is requested. Eligible students
are also encouraged to request all course materials, including handouts and tests, in e-text (on
disk or via e-mail) from their instructors. Beyond a referral form, the Ventura Educational
Assistance Center also has students sign a form that outlines their responsibilities in relation
to Alternate Media requests.
The High Tech Center Training Unit (HTCTU) and the Alternate Text Production Center
(ATPC) provide a wealth of information on alternate media. The Distance Education
Captioning and Transcription grant (DECT) provides California Community Colleges with
funding for live and asynchronous captioning and transcription as a means of enhancing the
access of all students to distance education courses.
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Guide to DSPS: A Primer
Policies and Procedures
The District policy and procedures for academic accommodations must be made available to
DSPS students. The vast majority of colleges put this policy on their website and in their
student handbook. It may also be posted on the notice board. There is no requirement to give
the student a hard copy of this document and it does not need to be in the student record.
Q. What case law gives evidence to the fact that the college should not make a student take
math 1-3 times and fail before they receive a substitution as an accommodation for a math
LD?
A. The OCR decision made at Mt. San Antonio College is the best response. If the purpose
of having the student fail is the only way to evaluate that they have a math disability, this is
not the right approach. The student should instead have a psycho educational assessment
for a math disability. If a student takes the class once and fails, s/he should not be forced
to repeat the class. However, if the student didn’t participate in the class and failed, not
because of disability, but their behavior, then it is not disability related. To be practical, the
student could be required to attempt the course one time, but not multiple times. The
bottom line is that multiple failed attempts will only serve to discourage the student.
In the case of a course that is a graduation requirement, investigate whether the college
requirements are more stringent than the state requirements for graduation. If the college
requirements are above the state minimum, then the college could grant a substitution or
waiver.
If the college requirements are in line with the state requirements for graduation and
the state says the college can’t grant a degree without meeting this minimum, the
college could raise the issue with the state or the student could file a complaint with the
Chancellor’s Office.
The question of what the student is trying to achieve must be considered. For example,
if the student is a math or engineering major and can’t pass basic math, then the
student needs to know this limitation. However, if the student is pursuing a major in
art or many other areas, this student may not need algebra in their career or degree.
There is a significant difference between a course waiver and a substitution. Waiving
a requirement, if it’s an established academic requirement, may not be a reasonable
accommodation. Determining whether to approve a substitution is an expertise
question. If a DSPS professional evaluates the documentation and determines that the
student probably won’t be able to pass, providing the substitution would be the
appropriate course of action. As long as a diligent and reasonable process has been
employed to determine the substitution, OCR would likely defer.
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Guide to DSPS: A Primer
Course Substitution Example: A student with limited use of her hands took an
American Sign Language course. The first time she took the course, she passed;
evaluation was based on only receptive skills. When she took a second course, she
wasn’t successful because both expressive and receptive language were required. This
is an example of a fundamental alteration question. Ultimately, one should check the
course outline of record. If the course outline of record requires both expressive and
receptive language skills, then modifying that is a fundamental alteration. In a case
like this, there may be a concern that faculty are using different grading systems. If
the institution can make a rational argument for why it’s necessary, OCR would likely
defer. The important question is to determine why the student is taking the course. Is
this course taken to meet the language requirement or does this student want to be an
interpreter?
Other policies and procedures that DSPS students need to know include:
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Emergency evacuation procedures (These should be in student handbook and on
notice board.)
Student Code of Conduct
High Tech Center use
Alternate Media requests
Interpreting Services Policy
Service Animal
Personal Aide (Restrictions that apply)
Examples of website- based policies and procedures and student handbooks are in the links
provided at the end of this document.
In addition, a faculty handbook is a very useful tool, especially as the number of adjunct
faculty increases. This handbook would include all relevant laws and regulations with
emphasis on classroom and test accommodations, styles for teaching, use of alternate media
and contact information for DSPS.
Program Reviews and Program Plans
Title 5 requires that each DSPS program develop a Program Plan and that each program be
reviewed every five years. Due to budget limitations, the Chancellor’s Office no longer
conducts program reviews and as part of administrative relief, programs are no longer
required to submit Program Plans at a scheduled interval before the college’s accreditation
review.
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Guide to DSPS: A Primer
However, DSPS programs still need a Program Plan for the college’s accreditation and so it
is strongly suggested that each DSPS Program prepare a plan and submit it to the
Chancellor’s Office. This is an opportunity to link DSPS goals and objectives to the college’s
mission and other institutional goals. By making the goals and objectives measureable,
DSPS contributes to the college’s accountability for accreditation. Plans also include Student
Learning Outcomes for the program and provide justification for future institutional support
for the program.
The minimum requirements for a program plan are included in Title 5, California Code of
Regulations Section 56046(c) as follows:
The program plan…shall contain at least all of the following:
1.
2.
3.
4.
the long-term goals of the DSPS program;
the short-term measurable objectives of the program;
the activities to be undertaken to accomplish the goals and objectives; and
a description of the methods used for program evaluation.
Forms have been designed for DSPS programs to use and are available on the Chancellor’s
Office website and the Galvin Group website.
Budget/MIS Reporting
It is of critical importance that the DSPS Coordinator learn the details of the District’s
budgeting process and the DSPS budget in particular. Accurate reporting to the Chancellor’s
Office and knowledge of what funds are available for program needs will enable the
Coordinator to have more of a sense of control in these uncertain times.
MIS (Management Information Systems) data is required to be submitted as a
college/district. The data reported is used to determine DSPS funding. DSPS Coordinators
are encouraged to work closely with their campus Information Technology Department.
Reporting occurs two times each year:
1) The End of the Year report, for the college/district is the most important report which
provides the Chancellor’s Office with information on FTES generated and expenditures and
revenue services. This information is used with MIS data to determine the next year’s
allocation. Deadlines are strictly enforced, so it’s important to work with the campus
Fiscal/Business Office and Information Technology to ensure the accuracy of this input. The
report requires signatures of the DSPS Coordinator, Vice President overseeing DSPS, Vice
President of Fiscal Services and the President.
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Guide to DSPS: A Primer
2) In the spring of each year, a second report is prepared to declare any unspent funds and to
request additional funds. This report also requires signatures from the various high ranking
college officials.
Submitting timely and accurate reports is critical to all DSPS programs across the state for
allocation purposes. A delayed report or inaccurate report can impact not only the
campus/district that is late, but also others across the state.
Note: The End of Year report (EOY) is undergoing revision. A new version was introduced
in August 2011. Chancellor’s Office Webinars were offered to detail how to complete this
report. It is expected that in the next several years this report will be fully automated under
the Student Services Automated Reporting for Community Colleges (SSARCC).
Q. With the budget cuts that programs are experiencing, is fundraising appropriate?
A. Yes! Some ideas to get more money through collaboration are useful, so try these first.
For example, programs can go to the district for basic skills funding (BSI), construction
funds, or VTEA funds. Additionally, collaboration with faculty senate and partnering with
other programs, such as EOPS or General Counseling, may help with DSPS students.
Also, collaborate with community partners such as the Regional Centers and Department
of Rehabilitation. VR Counselors can help with counseling and academic planning and
disability issues on campus. Think creatively about where to find funds; establish a
foundation for the department and do fundraising activities.
Encourage community members, parents and students to advocate with the Board for the
program and their needs. Likewise, students can file OCR complaints. If several students
file for same issue, it will help to get a response. Be aware that OCR’s funding has been
cut also.
Offer sensitivity training on campus to develop a greater understanding of civil rights and
legal responsibilities, so that consumers feel supported.
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Guide to DSPS: A Primer
Resources
DSPS Online Resources
These resources are made available in conjunction with the online training program for new
DSPS Coordinators. They are continually updated as we discover new documents and links
that can assist colleges in their ongoing efforts to provide equal access and opportunity of
students with disabilities. Please visit us online at Galvin-Group.com to access these resources.
The resources are organized in the following manner with sub categories under most
headings:
Section One - Chancellor's Office Resources
Chancellor’s Office Links
Selected Centers and/or Programs Funded Through the Chancellor’s Office
Title 5 Regulations & Guidelines & California Code Sections
Chancellor’s Office Legal Opinions
Chancellor’s Office FAQs
Chancellor’s Office Handbooks
Chancellor’s Office Documents
Related Documents and Resources
Mental Health Services
Selected College DSPS Websites
Section Two - ADA/504 Compliance
Relevant OCR Decisions and Lawsuits
U.S Department of Education - 504 Links and Documents
U.S. Department of Justice - ADA Links & Documents
ADA & 504 Regulations
ADA/504 Resources of Interest to Colleges
Accessibility Checklists
Section Three - Federal & State Laws, Compliance Regulations and Guidelines
Federal Laws
Documents & Resources Relating to Federal Laws
Federal Agencies
Links to Other Resources
California State Laws and Regulations
Documents and Links Relating to State Laws
Chancellor's Office Legal Affairs
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Guide to DSPS: A Primer
Discrimination
Section Four - DSPS Program Management
Important Stuff- Program Management Documents
Policies, Procedures and Forms
Student Record Forms
Program Plans & Program Reviews
Student Learning Outcomes
Special Classes and Course Outlines
Universal Design in Instruction
Job Descriptions
Other Documents and Links of Interest
Section Five - DSPS Services and Accommodations
Deaf or Hard of Hearing
Acquired Brain Injuries (ABI)
Learning Disabilities
Other Disabilities
Blind and Low Vision
Mobility Impairments
Intellectual Disabilities
Speech Impairments
Psychological Disabilities
Veterans
Section Six - 508, Alternate Media, Distance Education & Assistive Technologies
Section 508 and Web Accessibility
Alternate Media
Distance Education
Captioning
Assistive Technologies
Section Seven - Faculty Resources
Handbooks
Fact Sheets and Information
Training Programs
Syllabus Disability Statements
Tutoring
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Guide to DSPS: A Primer
Section Eight - Student Resources
DSPS Orientation
General Resources and Materials
Student Handbooks
Student Materials/Handouts
Section Nine - Transition Resources
Handbooks/Guides
General Information for Parents and Students
Orientation Information
Transition Articles and Special Projects
Section Ten - Budget/MIS
Chancellor’s Office Documents Relating to DSPS Allocation
Chancellor’s Office information on Deaf/Hard of Hearing Augmentation
Chancellor’s Office FAQs and Legal Opinions Relating to Budget
Chancellor’s Office Budget/MIS Links
Section Eleven - Access, Security and Safety on Campus
ADA/504 Barriers and Access
Emergency Preparedness
Crisis Intervention
Section Twelve - Adapted Physical Education (APE)
Section Fourteen - Working with Other Categorical Programs & Resources
Section Fifteen - Bright Ideas for Keeping the Lights On
NOTE: DON’T FORGET TO GO TO THE DSPS COORDINATOR TRAINING AT the Galvin
Group website
FOR MORE INFORMATION ON THIS PRIMER OR OTHER TECHNICAL ASSISTANCE ISSUES
PLEASE CONTACT : Jan@galvin-group.com OR Bette@galvin-group.com
T H E G A L V I N G R O U P, L L C
4 6 2 4 N O R T H B U C K S K I N WAY, T U C S O N , A Z 8 5 7 5 0
3146 W EST PA R ADI SE D R I VE PHOENI X, AZ 850 29
W W W. G A L V I N - G R O U P. C O M
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