COMMONLY ASKED QUESTIONS ABOUT
Students with Intellectual Disability (ID)
1. Are services/accommodations for students with ID in mainstream
classes mandated?
Accommodations appropriate to the functional limitations exhibited in the regular
instructional setting are mandated for all students with disabilities, including
those with ID. Students with ID will be expected to meet institutional
requirements such as being able to abide by the code of conduct, maintaining at
least the minimum grade point average, and completing required Student
Success and Support Program required core activities.
2. Who is qualified to certify/verify DSPS eligibility as a student with ID?
The DSPS Coordinator/Director and certificated LD specialists may certify
that all eligibility criteria for funding have been met.
3. Must the DSPS Coordinator/Director who is verifying ID eligibility for
funding possess the qualifications of an LD Specialist?
No, the DSPS Coordinator/Director need not be qualified as an LD Specialist in
order to verify student ID Eligibility.
4. How do federal regulations and California community college mandates
for individuals with disabilities differ?
Both federal regulations and community college mandates prohibit discrimination
against persons with disabilities. Federal legislation (including Section 504 (29
V.S.C. 794) of the Rehabilitation Act and the Americans with Disabilities
Amendments Act (42 U.S.C. 12101 et seq.) require that reasonable
accommodations be made available to students with disabilities to ensure equal
access to the programs and activities of the institution. Community colleges are
eligible for additional funding for services provided to students whose disabilities
are verified under Title 5 guidelines. However, students whose disabilities cannot
be verified may nevertheless be entitled to reasonable accommodations which
must then be funded by the institution.
5. Where may the student with ID be served?
The student with ID must be afforded access to the class/program that best
meets his/her educational needs and which promotes the maximum
independence and integration of these students. Special classes, if provided,
may, consistent with this requirement be offered either on-or off-campus.
6. Must the student self-identify to DSPS to be enrolled as a
community college student?
No, students with disabilities may follow standard registration procedures without
requesting services from DSPS.
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7. Must the student with ID conform to the student code of conduct
to participate in either credit or non-credit classes?
Yes. Students with ID, like all other students, must abide by the provisions of the
Student Code of Conduct.
8. Can mainstream instructors refuse to enroll students with ID or request
that they drop a class?
No, students may be excluded from a class only for reasons which are enforced
for all students. Examples:
a. Failure to meet a course prerequisite.
b. Violation of the Student Code of Conduct.
c. Failure to abide by an established attendance policy.
9. How many times can students with ID repeat either a credit or non-credit
class?
Students with ID are subject to same course repeatability requirements as all
other students. Districts may develop policies for exceptions to the repetition
rules for educational assistance classes under the following circumstances:
a. When continuing success of the student in other general and/or
educational assistance classes is dependent on additional repetitions of
the educational assistance class;
b. When additional repetitions of a specific educational assistance class are
essential to completing a student’s preparation for enrollment into other
regular or educational assistance classes; or
c. When the student has an academic assistance plan which involves a goal
other than the completion of the educational assistance class in question and
repetition of the course will further the achievement of that goal.
10. What is the funding status of programs that provide services for
Students with ID?
Students with ID may be claimed for funding provided they meet eligibility
criteria and are enrolled in an educational assistance class or receive at least
one service contact per primary semester.
11. Do mainstream instructors have the right to know who in their class is a
student with ID?
All records maintained by DSPS personnel pertaining to students with disabilities
shall be protected from disclosure and shall be subject to all other requirements
for handling of student records. If a student requests accommodations that impact
the delivery of instruction or the instructor, then the instructor has a right to know
the functional (educational) limitation(s) and the appropriate accommodation.
Generally the nature and origin of the disability are not to be disclosed to the
instructor without the student’s permission.
12. Can a student be coded for funding under both ID and LD, i.e. LDprimary? No, there is no circumstance under which a student can be eligible
as both LD and ID since the definitions are mutually exclusive.
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13. Is there an IQ floor for verification of ID eligibility?
There is no IQ floor for ID eligibility.
14. Who can test students with ID if no records are available to review
for eligibility?
Only those who have been appropriately trained are qualified to administer
tests that can be used for ID determination, e.g. an LD specialist, a
licensed psychologist or another appropriate professional or agency.
15. If a student applies for services as a student with ID but is unable
to provide previous testing or history must the college provide an
eligibility assessment? No, the burden is on the student to provide
documentation regarding his/her developmental disability. The institution
may use testing information gathered by the college’s LD specialist or
psychologist or records of previous accommodations provided by K-12 or
regional center eligibility. In addition, the director/coordinator or LD assessor
may make this determination by observation during the interactive process.
16. Is there a time limit in relation to accepting the assessment or
historical accommodation data for documentation of disability?
No timeline has been identified to indicate that assessment data is too old.
17. What are appropriate assessment instruments and is their use
mandated for eligibility determination?
While the most appropriate assessment instruments are the Wechsler Scales or
the Woodcock-Johnson Psycho-Educational Battery or the Stanford Binet Scales
or the Standard Progressive Matrices, their use is not mandated, and other
assessments, regional center eligibility, or a history of accommodation by k-12 or
other agencies as an individual with ID can suffice.
18. Is the eligibility process mandated for districts to receive state funding
for students with ID?
Yes, in order to be claimed for proposes of DSPS funding, each student must
be determined eligible using procedures established by the Chancellor
pursuant to Title 5, California Code of Regulations section 56006.
20. If the appropriate tests are going to be used for determination of ID
eligibility, what versions should be used?
The most recent version of any psychological test should be used. The general
guidelines are that administration of an older version should be discontinued no
later than four years after the publication of a more recent version.
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21. What are consequences if a college/district does not to abide by t h e Title
5, California Code of Regulations because of fiscal constraints?
The Chancellor's Office is required to review colleges/districts where Title 5 noncompliance has been reported. If a violation is found, an adjustment to the
districts DSPS allocation may be required and future funding can be at risk.
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