DSPS New Directors Training
September 10-12, 2014
Presenters
 Scott Berenson
 Scott Valverde
 Mia Keeley
 Chelle Ellenberger
 Jan Galvin
 Catherine Campisi
 Bette McMuldren
 Skip Bingham
 A panel of experienced DSPS Coordinators
Housekeeping
 Welcome and Introductions
 Travel Reimbursements
The Big Picture
What Administrators & DSPS Coordinators
Need to Know!
Key Federal and State Laws
and Regulations
What will we learn?
 The key Federal and state laws DSPS Administrators and
Coordinators should know
 Key points in the legislation related to DSPS services
 How to use the key points to analyze real life situations
 Where to find more information!
Key Federal Laws
 Section 504 of the 1973 Rehabilitation Act (29
U.S.C. 794d) and accompanying regulations
related to students in postsecondary education
at 34 CFR 104 – Part D
 The Americans with Disabilities Act (ADA) Title
II for State and Local Government Entities
(42USC12101 et. seq.)
 Education Code Section 67310-12 and 84850
and Title 5 regulations Sections 56000 et. seq.
Section 504
 A critical civil rights law for persons with disabilities
“No otherwise qualified individual with a disability ...shall,
solely by reason of his or her disability, be excluded from the
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance…”
The ADA and the ADAA
 Signed into law by President George H. W. Bush on July
26, 1990
 Parallels Section 504 for public entities including colleges
and universities
 ADA Amendments streamline definition and
documentation of disability
 Related California laws provide financial redress penalties
for access violations
Section 504 and the ADA:
A Broad Definition of Disability
 Persons covered have a physical or mental impairment
that affects one or more major life activities
 Have a history of such an impairment
 Are regarded as having such an impairment
Examples of Major Life
Activities Include:
Walking
Seeing
Hearing
Speaking
Learning
Remember…
Students must meet academic and
technical requirements of the college
including complying with the Code of
Conduct (accommodations may be
needed)
College Has Responsibility for
Compliance
 College budget (NOT DSPS budget) is source
of available funds
 Requires designation of a 504 and ADA
Coordinator for the College
 Requires a transition plan for facilities and a
program evaluation for policies and
procedures
 Requires program accessibility through
provision of auxiliary aids and services and
other actions
Laws Require Program
Accessibility
 Services must be provided in a timely manner
 They must be decided upon through an interactive
process with the student
 Accommodations must be made unless they are a
fundamental alteration to the curriculum
 Includes provision of alternate media
Program Accessibility, cont.
 Test accommodations including extended time,
distraction free testing, use of scribe, or AT for test-
taking
 Possible adjustments to class activities – more time
to practice hands-on tasks, use of aide in class
 Adjustment of college policies and procedures such
as priority in registration to ensure accommodations
(i.e., classes in close proximity for a student with
significant mobility limitation)
How to Define Fundamental
Alteration and….
 Compare the course outline of record to the
syllabus for a particular class – do all
instructors require X task or method?
…What to Do About It
 Handle issues of health and safety carefully!
 Involve instructional administrators and other faculty and
enter into a deliberative process to make a decision
 Contact other colleges and look at resources listed
 Document your decision making process – this is CRITICAL
 Always involve the student and the
faculty to see if creative solutions
agreeable to both can be found
 Encourage use of universal learning
design on your campus – it facilitates
program accessibility for ALL students!
Digital Compliance and OCR
This is all about Program Accessibility:
 Department of Justice uses Section 504
 New regulations due next year
 UC Berkeley Settlement with DOJ
 South Carolina Technical College System
 Louisiana Tech University settlement with DOJ
The goal of digital disability compliance is equal access to
information:
 Irrespective of the nature and severity of the
disability: physical, sensory, or cognitive
 Irrespective of the way the information was originally
formatted, stored, or conveyed
Slides courtesy of Paul D. Grossman, Esq.
19
The legal authorities requiring
equal access to information are:
 Section 504 regulation especially method of administration
provisions (effective 1978)
 DOJ Title II and Title III regulations, respectively require public
entities and private businesses to furnish appropriate auxiliary
aids and services where necessary to ensure effective
communication with individuals with disabilities. (28 C.F.R.
§35.104, §35.160, §36.104, §36.303) (effective March 15, 2011)
 Joint OCR/DOJ Dear Colleague Letter on Emerging
Technologies (June 2010)
 DOJ “Effective Communication” guidance:
http://www.ada.gov/effective-comm.htm
20
For public entities the single most important legal
provision is 28 C.F.R. Section 35.160
 (a)(1) A public entity shall take appropriate steps to ensure that
communications with … members of the public … are as effective as
communications with others
****
 (b)(1) A public entity shall furnish appropriate auxiliary aids and services
where necessary to afford individuals with disabilities, …. an equal
opportunity to participate in.. .[any] service, program, or activity of a
public entity.

(2) The type of auxiliary aid or service necessary to ensure effective
communication will vary in accordance with the method of
communication used by the individual; the nature, length, and complexity
of the communication involved; …. In determining what types of auxiliary
aids and services are necessary, a public entity shall give primary
consideration to the requests of individuals with disabilities. In order to
be effective, auxiliary aids and services must be provided in
accessible formats, in a timely manner, and in such a way as to
protect the privacy and independence of the individual with a
disability.
21
The goal of equal access to information is achieved
by:
 Making the information available in formats compatible
with common adaptive technology
 Making the adaptive technology necessary to achieve
equality readily available on campus
 Adopting, dispersing, and monitoring policies and
practices that will achieve these goals on a continuous
basis (universal design)
(continues)
22
The goal of equal access to
information is further achieved by:
 Training faculty and students on policies and
practices
 Good prioritization
 Effective alternatives to address delays and
complications
 Placing responsibility in specific individuals and
giving them compliance authority
23
DOJ Technical Assistance
 “Effective Communication”:
http://www.ada.gov/effective-comm.htm
 Covers titles II and III
 In large measure follows the regs. but in addition
provides examples of how to implement them in
various settings
 Includes guidance on persons with speech
impairments—when are transliterators (voicers)
required
24
South Carolina Technical College System (OCR, March 2013)
& Louisiana Technical College System (DOJ July 2013)
25
South Carolina Technical College System
 Addresses what is an accessible web-site?
 A compliance review
 OCR initiated
 Logistically advantageous
 Interviewed students, faculty, and
administrators
 Reviewed E-mail, course management,
library resources, and over 100 web-sites
26
List of Website Deficiencies
 Missing tags for PDFs, graphics, identification of
column headers, specified reading order, critical
headings and watermarks
 Videos missed labels keyboard controls and/or
captioning
 Fields that required filling in missed labels for
screen readers
 Tables missed headings
27
List of Website Deficiencies
 Areas where keyboard-only users could not access
information or use drop-down menus
 Content of course management tools missing
captions, alt. text, and “other features”
 Campus calendars not “fully accessible” to screen
readers
28
Voluntary Remedial Summary
 “[System will] ensure that the SCTCS website and the
websites of all the colleges within the system are
accessible to students with disabilities,
 [T]o develop a resource guide that provides information
about web accessibility requirements, standards, and
links to reference materials,
 [T]o review and monitor the colleges’ websites.”
 OCR will monitor SBTCE’s/SCTCS’s implementation of
the agreement.
29
Louisiana State Tech University
 A four year undergraduate institution as well as
graduate programs including Ph.D. Programs
 Keep you eye on the role of the DSS officer before the
agreement and after the agreement
30
A Student Left to “Spin in the Wind”
 A student who is blind could not access tutorials,




homework, and exams, exam feedback and an opportunity
to raise his grade because a course relied on use of
MyOMLab, an online learning product, otherwise available
24/7
The Complainant raised concerns about the inaccessibility
of MyOMLab with the professor, who directed the
Complainant to consult with the MyOMLab vendor for
resolution of the issue
Still unable to access MyOMLab, the Complainant notified
University administrators without success
Supplemental hardcopy materials were provide very late by
a TA
After a month, the complainant withdrew
31
Negotiated Remedial Agreement
 A strong role for DSS
 Liaison between students and administrators/faculty
 Accommodation letters should be implemented
 Compliance intermediary between students with
disabilities and faculty


A duty on DSS to respond promptly to complaints
A right to file a grievance if DSS resolution not prompt
 Exam accommodation control with exams to be
provided after hours if necessary
 Provider of training for all incoming students and
faculty
32
Negotiated Remedial Agreement
 A change in policies
 All electronic matter will be accessible
 All technology and content purchased will be
accessible
 All new website will meet Web Content Accessibility
Guidelines (WCAG) 2, level AA
 Over time bring old websites up to compliance
33
Settlement Between
UCB, DRA and Three Students
Basic Provisions (1)
 With proper student notice, 90% of time required
reading books converted within 10 business days
 With proper student notice, 90% of time required
course readers converted within 17 business days
34
Basic Provisions
 Expedited Production option: if converted
material needed sooner than standard production,
student may opt for rolling basis production.
 Expedited Production timelines: five business days
for books; eight business days for other materials
 Recommended readings will also be converted to
alt media upon request, but at lower priority timewise
35
Basic Provisions
 Personal readers provided when delays or for
unconvertible material such as rare books
 The University will regularly instruct students with
print disabilities in alt media request procedures and
timelines, in the use of alt media self-help options
 The webpage
http://dsp.berkeley.edu/timelines.html of the
University’s Disabled Students Program (“DSP”) will be
amended to make clear that timeframes applicable to
alternative media are governed by the Alternative Media
Guidelines
 On an annual basis the University will appropriately
educate staff and administrators
36
Basic Provisions
 Faculty must put in reading lists 7 weeks
before the start of the semester
 Faculty may be sanctioned for a failure
to timely submit their lists
 Assistive technology packages
distributed around campus
37
Library Materials
 Students with a print disability that limits
independent use of a campus library may obtain
assistance from someone knowledgeable about alt
format procedures
 UCB will improve the accessibility of the catalogue
system
 Obtaining library materials in a digital format
 Student first check to see if available on-line
 If not, student gets hard copy, delivers it to library alt
media services, should get back alt. media in five
business days
38
Library Materials
 Library Alt. media will provide OCR scanned digital
copy of all library materials available to students
whether or not a required or recommended reading.

Note: library will only OCR scan documents
and provide limited editing to correct errors
[lower standard]
 For required or recommended readings, students may
then request further conversion by DSP
 For rare [fragile] books, library may provide a reader
39
Links
 Louisiana Tech University (Department of Justice)
Settlement Agreement:
http://www.ada.gov/louisiana-tech.htm
South Carolina Technical College System (Department of Education’s Office for
Civil Rights)
Resolution Letter:
http://www2.ed.gov/about/offices/list/ocr/docs/investigations/11116002-a...
Agreement:
http://www2.ed.gov/about/offices/list/ocr/docs/investigations/11116002-b...
 University of California, Berkeley (Disability Rights Advocates)
Settlement:
http://dralegal.org/sites/dralegal.org/files/casefiles/settlement-ucb.pdf
Fact Sheet:
http://dralegal.org/sites/dralegal.org/files/casefiles/factsheet_ucb.pdf
 Joint Dear Colleague Letter: Electronic Book Readers (Departments of Justice &
Education)
Letter: http://www2.ed.gov/about/offices/list/ocr/letters/colleague20100629.html
Q&A: http://www2.ed.gov/about/offices/list/ocr/docs/504-qa-20100629.pdf
 Accessible Instructional Materials Commission Report:
http://www2.ed.gov/about/bdscomm/list/aim/publications.html
40
Resources
 Galvin Group website under Resources –
ADA/504
 AHEAD webpage – see publications such as
“From Legal Principle to Informed Practice”
by Jane Jarrow and Scott Lissner
 Disability Compliance in Higher Education
at
www.disabilitycomplianceforhighereducati
on.com
Key State Laws
 Education Code Sections 67310-12 and
Title 5 regulations Sections 56000 et. seq.
Key State Laws, cont.
 College required to meet 504 and the ADAA
 College acceptance of DSPS funds is voluntary
 Title 5
 Accommodations are a College Responsibility
 OCR
Title 5 Regulations
DSPS funds requirements:
 Not duplicate services or
instruction available to all
students
 Be directly related to the
educational limitations of the
verified disabilities
 Be directly related to the student’s
participation in the educational
process
 Support participation consistent
with the mission of the
community colleges
 Promote the maximum
independence and integration of
students
STATE FUNDING
 Receipt of state funds is based on:
 the number of students served
 and types of disabilities
 These state funds are intended to cover ‘excess costs’
 With or without state funding, students with disabilities
still need to be served. Absent DSPS funds, the costs of
services shifts to the colleges/district.
 End of Year Report
 A count of eligible students by disability group
 The need for students to have had a minimum number (4) of
contacts or services
Legal Aspects of Funding Services
for Students With Disabilities
 Related to Section 504 and the ADA but not the same in
all aspects
 Some differences include:
 Definitions of disability
 List of services provided
 Section 504 and the ADA are broader
 Student must have a functional limitation in the
educational setting
 Student Educational Contract and periodic reviews required
Title 5 Specifications and
Limitations
Services can only be provided to eligible students in state
funded educational activities:
 Can fund services not required by Section 504 and the
ADA such as:
 Special Classes
 High Tech Centers
 LD Assessments
 Cannot fund some required services such as:
 Community Service Classes
 Extra-curricular Accommodations
Title 5 Specifications and
Limitations, cont.
 To receive the funding, reporting and other
administrative requirements must be met and these
may be audited!
 Regardless of state funding, the COLLEGE must
ensure students receive accommodations and
services under Section 504 and the ADA
Resources:
 Chancellor’s Office website
 The Galvin Group website
 DSPS Directors Listserv – sign up through the
High Tech Center Training Unit
 CAPED
Bill
Bill attends Capitol City College and is majoring in history. He
plans to eventually go to law school. Bill, who has Asperger’s, is
very intelligent and studies hard. He is very curious and asks
many, many questions in class, seeking to engage his instructors
in lengthy discussions. An instructor comes to the DSPS
Coordinator and says they are frustrated as are other students in
the class, since Bill is dominating discussion time. The faculty
member even implies he thinks Bill is disrupting the class. The
DSPS Coordinator learns that Bill is not registered with DSPS and
has declined all efforts to enroll him. He states that he does not
need to use DSPS to receive the accommodations that are
needed and appropriate. The Coordinator informs you and the
instructor of Bill’s decision.
Questions
 What laws and what principles from
the laws apply in this situation?
 What is your next step?
LEGISLATIVE INTENT - to provide a
mechanism and definitions that would
guide colleges in providing students
with disabilities services to allow them
to compete in mainstream classes. This
action essentially leveled the academic
playing field for individuals with
disabilities.
ALLOCATION RATIONALE AND
METHODOLOGY
 Simple and clear: so that everyone, DSPS
Coordinator, college administrator, and business
manager can understand the basis for the
allocations they receive and be able to predict
future allocations with some certainty, i.e.,
count on 95% of base allocation.
 Note: 105% in 2014-2015 only
ALLOCATION RATIONALE AND
METHODOLOGY
 Equitable: so students receive similar services regardless
of which community college they attend
 Cost based: that funding for services should be based on
the fixed and variable costs of operating a program,
accounting for differences in serving different
populations (WSC)
 Protection: The 95% guarantee protects against large
drops in allocation from year to year, based on
fluctuations in size of Program
DSPS FORMULA COMPONENTS
Base allocation = To help cover the salary and benefits
of a DSPS Coordinator (only required position, per Title
5) for each college
Weighted Student Count = 90% of the
state allocation after base is based
on students served, weighted by
disability group
College Effort = 10% of the state allocation after base,
is to be distributed to the college based on the
contributions of the college or district to the DSPS
Program. This is how that contribution is calculated:
DSPS FORMULA COMPONENTS
 Total Program Expenditures minus Special Class
Revenue minus DSPS Allocation minus Other
Income = College Effort
Unlike other Programs you may have oversight over,
DSPS does not require a specific minimum match or
“maintenance of effort.”
IMPORTANT…REMEMBER
The Program Coordinator has a
right to know the source of
program funds and the amounts
coming from each source!
SEPARATE BUDGET
CODES/ACCOUNTS ARE REQUIRED
FOR DSPS FUNDS
 State DSPS Allocation- a system of tracking
the students that you serve and the services
provided. Remember you either need 4 service
contacts and a verified disability for a student enrolled in regular
classes only, or for a student to enroll in a Special Class in order
to count them.
 Special Classes- a good way to serve students and generate
some funds for the program. Remember that instructors must
have special credentials, the class must have a special
designation and 50+% of the students must have a disability (see
Chancellor’s Office FAQ).
ACCOUNTABILITY AND
REPORTING
 Understanding your Management Information System (MIS)
system is very important because this is where your student count
is documented
 Get to know the college IT staff and, specifically, the
individuals who are responsible for reporting student data to the
state. Request student reports periodically so that you can check
to determine if their records match yours....
 Check your entire student collection/record keeping
process/procedures and find out possible reasons for these
discrepancies
ACCOUNTABILITY AND
REPORTING
 DO NOT automatically trust that MIS data
submitted by the college to the district (especially
in a multi-campus district) will be then submitted
to the State correctly. You should ask for one last
look at the data before it is submitted. Remember
approximately 90% of your allocation is based on
Weighted Student Count!!
ACCOUNTABILITY AND
REPORTING
End of Year Expenditures Report Gather essential documents early
 Create an excel spreadsheet to record and
tabulate expenditures and program costs
 Late reporting holds up the entire state DSPS
Allocation process and can affect your
allocation (so does not having a state budget…)
MIS Weighted Student Count
MIS compiles the WSC report for CO based on:
 the disability record
 Number of service contacts, or
 if the student is enrolled in a special class.
You can submit MIS records before a student enrolls
and you will be funded.
 However, there are two MIS system tests which result in rejecting DSPS
records in a given year if:
 the DSPS student does not have an enrollment record, MIS will look
back 4 primary semester terms or 6 primary quarter terms (i.e., over
the last two years) to determine if the student has been reported each
time, and each time without an enrollment record. If no enrollment
record(s) are found, the record for that student will be rejected.
 If more than 15% of the DSPS students do not have an enrollment
record, the entire college submission will be rejected.
 So, the student that would be kicked back is the one who is
submitted year after year, every term without any enrollment
record over a long period.
What does enrolled mean?
It depends on the type of class (daily census, weekly
census, positive attendance) and the answer appears in
the data element dictionary, under the rules for a
student data enrollment record where:
1. the enrollment resulted in attendance in a course as of
the first census or later for daily or weekly census,
OR
2. the enrollment resulted in attendance in at least one
meeting of a positive attendance class,
OR
3. the enrollment resulted in a notation on the student's
official record.
SPECIAL PURPOSE FUNDING
To fulfill a special purpose or legislative
mandate, like:
 DHH funds
 Access to Print funds
 Captioning funds (via DECT grant)
Key Questions
How well do you understand the
allocation formula for DSPS and
DHH??
…..Because….
Closing Thought….
….The better you understand the nuances of
the formulas, the better you will understand
the fiscal implications of policy decisions made
both at the State level and at the local level.
DSPS Administrator
 Needs to have sufficient time and training to oversee the
program
 DSPS is complex and poses legal risks to the colleges in
terms of ADA and 504 complaints or litigation
 Needs to work with college/district legal counsel and the
campus ADA/504 Coordinator
• OCR complaints may go beyond the scope of the
initial complaint and can require extensive staff time
and resources
• Litigation, regardless of whether the college has
erred, costs a great deal!
Staffing Issues
Services are dependent on the intervention of professional
staff. Staff are essential to service delivery:
 Identifying the educational limitations and identifying
educational accommodations
 Working with faculty on
appropriate accommodations
 Delicate
 Time consuming
 College can move personnel but not funds
DSPS Coordinator-- Title 5,
Section 56048
The only required position for a
DSPS program
DSPS Director/Coordinator
 The only required position for a DSPS program
 Must meet minimum qualifications
 Duties include:
 interviewing students with disabilities
 reviewing disability documentation and determining disability-related functional




limitations in the educational setting
working with the students 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 that arise with the college
working with faculty and other college staff
 Important Considerations:
 Suggest 100%
 Multiple program funding cautions
DSPS Coordinator, cont.
 Has the responsibility for the day-to-day operation of
DSPS
 Must meet the minimum qualifications for a DSPS
counselor or instructor set forth in Section 53414(a)
through (d) or meet the minimum qualifications for an
educational administrator set forth in Section 53420
 AND have two (2) years full-time experience or the
equivalent within the last four (4) years in one or more
of the following fields:
DSPS Coordinator, cont.
Instruction or counseling or both in a higher education
program for students with disabilities
2. Administration of a program for students with disabilities in
an institution of higher education
3. Teaching, counseling, or administration in secondary
education, working predominantly or exclusively in programs
for students with disabilities; or
4. Administrative or supervisory experience in industry,
government, public agencies, the military, or private social
welfare organizations, in which the responsibilities of the
position were predominantly or exclusively related to
persons with disabilities
1.
Multiple Programs
 Responsibility for other categorical
programs such as EOPS or CalWORKS in
addition to DSPS
 Other college departments such as Health
Services, College Discipline, Psychological
Services
DSPS- Working with the
Institution and Community
 Developing good working relationships
within the institution and in the
community
Services to Veterans
 Do you know who provides the services
to veterans on your campus?
 The importance of DSPS working closely
with Veterans Services
Timeliness and Effectiveness of
Services are Critical
Timeliness:
 Several weeks is too long
 Keep in mind STUDENT SUCCESS - how long before the student is behind in class
 Ensure sufficient staffing for timeliness
 Be creative and provide SOMETHING EFFECTIVE when
delays happen
Timeliness and Effectiveness of
Services, cont.
Effectiveness:
 Keep in mind the ADA regulations regarding students with
communication disabilities -- that preference must be
given to the student’s requested accommodation
 The interactive process is CRITICAL
 Understand the relationship of pay rate to effectiveness
and timeliness especially for:
 sign language interpreters
 captioning
 alternate media, especially Braille
Day to Day Operations
Director/Coordinator…
You are the face of DSPS
Team DSPS
 The term Coordinator means
coordinating diverse elements
into a whole
 The term Director means
directing the energies of others
 You are a leader, a manager as
well as chief cook and bottle
washer!
Team DSPS
 Services must be timely
 Cross training staff
 Triage
 Partner services
 Using Classified and Student Workers
 Tasks
 Confidentiality
 Ethics
Sources for Determining
Eligibility
ADAA and 504 vs. Title 5
 Civil Rights vs. Funding
 The documentation conundrum
 The effects are being studied
Determining Eligibility for
DSPS Services
 Student must have an verified impairment which results in
an educational limitation
 An impairment may be verified by:
 Observation with review*
 Assessment*
 Review of documentation*
 Educational limitations are identified/described in the
Student Educational Contract*
*by appropriate/qualified staff/personnel
Ensuring an Effective
Interactive Process
The Initial Interview
Ongoing communication/discussion
Divergence from the “Yes”/“No” paradigm
 The “art of the possible”
Communication and Documentation
LEARNING DISABILITIES
ELIGIBILITY DETERMINATIONS
& ASSESSMENTS
The Value of LD Specialists
 Assess students’ eligibility
 Review and evaluate outside assessments
 Determine if assessment information meets
specified system criteria for LD and advise how the
outside assessments relate to the student’s
educational goals
 Make recommendations for appropriate
accommodations and compensatory strategies
LEARNING DISABILITIES
ELIGIBILITY DETERMINATIONS
& ASSESSMENTS
An accurate and complete analysis of LD documentation is
extremely important for:
 Largest cohort of students with disabilities nationwide
 The majority of students in DSPS programs
 Without LD Specialists we might know that an individual is
eligible but will we know what to do about it?
 When is a Learning Disability not a Learning Disability?
DSPS Student Record Forms
There are five types of information needed (which may be
combined or electronic) to meet Title 5 regulations for DSPS
student records:
1. Application
2. Release of Information
3. Verification of Disability
4. Student Educational Contract
5. Documentation of Service Delivery
Student Educational
Contract
 SEC includes







Student name
Contact information
Student ID#
Date of application
Goals, objectives, and activities
Progress measures
Services to be provided
 SEC can equal SEP
 Reviewed annually
 New signatures needed
Student Rights and
Responsibilities
Can be part of application
Must sign that rights/responsibilities have
been read
Student Record
Essentials
Documentation in student records should be
sufficient to allow a reviewer or other
authorized person to determine that:
 Medical verification of the disability has been
obtained, with a signature from the provider
making the diagnosis and
Records kept in secure location
Student Record
Essentials
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 in a timely and effective
manner
 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
Support Services
 Student Contacts for MIS Reporting
 TITLE 5- SECTION 56062
". . . 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."
TIMELY AND EFFECTIVE SERVICE
DELIVERY
 The most critical responsibility is to ensure the
student is provided with the most appropriate
services and accommodations
 That accommodations are provided in a timely and
effective manner
 Costs now are considerably less than lawsuits later
Intake Efficiencies
Group Intake
Drop-in Times
Specialized
counseling/accommodation
counseling
Video Presentations
Outreach and
Transition
Meeting with feeder high schools
Transition Guides
Behavioral Issues
College Code of Conduct
College Disciplinarian
Accommodation Adjustments
Suspension of Services
Student Conduct Contracts
Test Accommodations
Protocols and Processes
Proctors
Locations
Cheating
High Tech Center
What constitutes an HTC?
How do students get
referred?
Is this the only location for
tech services?
Alternate Media Considerations
College responsibility
Preference of the student
Timeliness of production
Early selection of texts
Priority registration
Agreement with DOR
Distance Education
College responsibility for
accessibility
Universal Design
The Distance Education
Accessibility Guidelines
DETERMINING THE APPROPRIATE
DSPS REPORTING CATEGORY
Title 5 Disability
Designations
 Physical Disability
 Mobility
 Vision
 Communication Disability
 Hearing
 Speech
 Learning Disability
 Acquired Brain Impairment
 Developmental Delayed
Learner
 Psychological Disability
 Other Disabilities
DSPS/MIS Reporting
Categories
 Mobility
 Vision
 Hearing
 Speech
 Learning Disability
 Acquired Brain
Impairment
 Developmental Delayed
Learner
 Psychological Disability
 Other Disabilities
DETERMINING THE APPROPRIATE
DSPS REPORTING CATEGORY,
CONT.
Important Considerations:
The Interactive Process
Functional Limitations
The AHEAD Guidelines and the
ADAA vs. Title 5
Student Contacts for MIS
A service contact is:
A service contact is not:
 Meeting with a student to:
 A telephone call to remind
the student of an
appointment
 discuss classes,
accommodations, etc.
 conduct annual update
of their SEC
 An online or telephone
conversation of substance
or outcome-oriented
 Training in use of assistive
technology
 Students who attend an
approved “Special Class”
designed for DSPS students
 Letters/ newsletters sent
out to students at home
Definitions of Services
and Associated Contacts
 Academic counseling/advising
 Notetaking/Notetaking paper
 Adapted/Adjustable Furniture (AAF)
 On-Campus Transportation
 Adapted Physical Education (APE)
 Personal Counseling
 Alternate Media
 Personal Locker
 Assistive Listening Devices (ALD)
 Preferential Seating
 Assistive Technology (AT)
 Priority Registration
 Assistive Technology Training
 Reader
 Calculator and Spell Checker
 Recorder
 Computer Assisted Real-Time
 Registration Assistance







Transcription (CART)
Disability-related Counseling
Distraction Reduced Setting
Equipment Loan
Extended Time on Quizzes, Tests, and
Exams
Learning Disabilities Assessment (LDESM)
Liaison/Referral to Instructors, College,
and Community Resources
Move Classroom
 Scribe Services
 Service Animal
 Sign Language Interpreter (SLI)
 Special Classes
 Speech Services
 Special Parking (Handicapped Parking)
 Transportation Assistance (off-campus)
 Tutoring Services
Budget/MIS Reporting
Critical that the Coordinator learn the District’s
budgeting process
Three required reports
MIS
EOY
Unspent/additional funds
DEVELOPING NEEDED POLICIES
AND PROCEDURES
 Lack of P&P leads to inconsistency
 Inconsistency leads to confusion
 Confusion can lead to OCR
 Not OK to rely on personal relationships or past
practice
 P&P Development steps
 Create a program description
 List existing DSPS policies
 Attach procedures to each policy
 Clarify inconsistencies/make room for exceptions
 P&P Content Examples
Academic Accommodations
Policies & Procedures
 Policy and Procedures must be available
 Most colleges put on website
 No requirement for student copy or in file
 P&P Example
 Failure for assessment
is not an option
Program Compliance
Student records and activities must
conform to Title 5
DSPS Program audits required, starting in
2011
Preparing for the audit
Program Reviews and
Program Plans
 Reviews suspended for the time being
 The Program Plan contains of at least the
following:
1. Long-term DSPS program goals
2. Short-term measurable objectives of DSPS
3. Activities to be undertaken to accomplish
the goals and objectives
4. Description of program evaluation
methods
Resources
Galvin Group Link
WWW.Galvin-Group.com
Directory
Resources
Training
Technical Assistance
WorkAbility III
College2Career
• Hot Topics
• Creative Ideas
• Q and A
DSPS New Directors Training:
DSPS/DHH Allocation Process







Financial Role of Chancellor’s Office
State Budget
Reporting and Timelines
Apportionments
Funding Summaries and Reports on Website
Overview of DSPS Allocation Formula
Overview of DHH Allocation Formula
What does the CCCCO
(financially) do?
Calculate and distribute the DSPS
allocation, DHH allocation and Access to
Print funds.
Provide technical assistance on
allowable expenditures and reporting
requirements.
Total
FY 2014-15 DSPS Budget ($M)
Contracts (ATPC, HTCTU,
PADS, DECT)
State Dev Hospitals
Deaf/Hard of Hearing
Access to Print
Base $72,592 per college
Remainder
1.
2.
3.
4.
5.
6.
1.
2.
Weighted Student Count 90%
College Effort 10%
*Projected amounts, with rounding
** Possible augmented by system-wide COLA
$114.2
4.2*
1.0
9.6
3.7
8.2**
87.3
78.6
8.7
Fiscal Periods
•
•
•
•
•
Advance: 95%
Note: 105% in 2014-2015 only
P1 – (1st Principal Apportionment)
P2 – (2nd Principal Apportionment)
R1 – (Recalculation)
Fiscal Report Notifications
Period
Notified
Adjusted
Advance
P1
P2
R1
June
Dec
Mar
Nov
July
Feb
June
Feb
Apportionment Payments
July
Aug
Sept
Oct
Nov
Dec
Jan-June
8%
8%
12%
10%
9%
5%
6% each
How to Find Funding Summaries
on Website
http://extranet.cccco.edu/
1.
Click on “Divisions”
2.
Click on “DSPS”
Click on “Allocations” tab
Tabs:
Funding Summary
Allocation
College Effort
DHH Distribution
Weighted Student Count
How to Find EOY Reports on
Website
http://extranet.cccco.edu/
1.
Click on “Divisions”
2.
Click on “DSPS”
Click on “Forms” tab
DSPS Allocation (P1)
Components:
 Base Allocation
 Weighted Student Count (90% of formula
after Base)
 College Effort (10% of formula
after Base)
 Application of the Guarantee
Weighted Student Count
 Data taken from State MIS data report (due first
Monday in August)
 Weight assigned for each disability category
 Multiply primary count x primary weight
 Multiply secondary count x secondary weight
 Equals an “Amount for WSC”
College Effort
College Effort = Expenditures minus Revenue
1.
Revenue
1.
2.
3.
2.
DSPS Allocation
Special Class Revenue
Other Income
Expenditures as reported on EOY Report
DSPS Allocation Calculation
Process
1.
2.
3.
4.
5.
6.
Calculate each college’s College Effort
Calculate each college’s Weighted Student Count
Each college gets its share of the College Effort budget,
based on this mini formula: the college’s amount of CE /
total CE statewide = a %. Multiple that % x total CE
budget (so a proportional share)
Each college gets its share of the Weighted Student
Count budget, based on this mini formula: the college’s
amount of WSC / total WSC statewide = a %. Multiple
that % x total WSC budget (so a proportional share)
Add WSC amount + CE amount + Base
Apply the Guarantee
DHH Allocation (P1)
Components:
 Amount you received in last year’s allocation as a
result of the number of DHH counts reported in
WSC
 Amount of DHH funds requested by the college
and the match pledged (all from EOY report)
 Total DHH expenditures in previous year
DHH Allocation Calculation
Process
Calculate the amount you are qualified to
receive (DHH expenses – how much you
received in DSPS allocation as a result of DHH
WSC). Internally, we refer to this number as your
“unmet need”
2. Compare 80% of your unmet need (due to the 1
to 4 match) to the amount the college requested
3. You are “qualified for” or “eligible for” the lesser
of the two figures
1.
DHH Allocation Calculation
Process, cont.
4.
Sum up all qualified or eligible requests state wide. This will
represent a number which far exceeds our DHH budget.
5.
We divide the $9.6 million amount we have to allocate by the sum
of all system-wide eligible amounts. Last year that came to 50.4%.
6.
Every college gets that resultant percentage
of their eligible amount. We know…..Yuck!!
DHH Allowable Expenses
 Direct Sign Language Interpreting for classroom and required classroom-related












activities
Oral Interpreting
Cued Speech
Real Time Captioning
Video Remote Interpreting and Captioning
Live Print Communication (e.g. C-Print and Typewell, AlphaSmart, laptop, Interprer
Type)
Tactile Interpreting
Interpreting during tutoring
Interpreting for athletes when they are part of a College class and team sport
Study abroad – will be reviewed on a case basis (DHH services should be contractbased)
Other live direct communication accommodations as determined by the
Chancellor's Office Deaf and Hard of Hearing (DHH) Advisory Group
Salaries and Benefits for Interpreters and Real Time Captioners
Salaries and Benefits for Interpreter Coordinators at the percent of time spent
coordinating interpreters if engaged less than full time in this activity
An Overview of the EOY Report
Do First
• Part I: Income
• Part II: Special Class FTES / Revenue
• Part III: Expenditures
• Part IV: DHH Expenditures and
Requests
• Part V: Certification
Resources
Chancellor’s Office Staff, DSPS Allocations and Reports:
Chelle Ellenberger: cellenberger@cccco.edu
Scott Valverde: svalverde@cccco.edu
Scott Berenson: sberenson@cccco.edu
DSPS Web Page:
http://extranet.cccco.edu
Chancellor’s Office
Divisions
DSPS
Webinar archives and PowerPointafor EOY training:
http://extranet.cccco.edu/Divisions/StudentServices/DSPS/Training
Conferences.aspx
CARS-W Issues
 An LD Specialist must pass the LDESM training
(including all their completed, approved protocols) to
be added into the CARS-W data base. The process of
managing users in the database is handled by the
Chancellor’s Office.
 The CARS-W User Authorization form (for any
changes, additions, deletions) must be signed by the
DSPS Coordinator, and Emailed to Chelle Ellenberger
at: cellenberger@cccco.edu.
 There will be two LDESM trainings this year:
January 2015 and June 2015.
Preparing for, engaging in and living to tell the tale
Role of Fiscal Accountability
 Publish the Contracted District Audit
Manual.
 Resolve audit findings.
 Respond to whistleblower complaints
submitted to the Chancellor’s Office.
 Audits of various programs of the
Chancellor’s Office.
Role of Fiscal Accountability, cont.
 Review and monitor the fiscal condition of
community college districts.
 Acts as a liaison to external and other agencies
regarding audits of community colleges.
 Participate in the Fiscal Standards Accountability
Committee to establish guidelines for fiscal
reporting.
 Maintain and Update the Budget and Accounting
Manual (BAM)
To Quote Paul Newman in Butch Cassidy and the Sundance Kid:
“Who ARE those guys?”
 What Auditors are not:
 Bribable (there is not enough money in the coffee fund
anyway)
 Susceptible to BS (unless it is their first rodeo)
 Hateful Trolls spawned specifically to reign complete and
utter destruction on you and your program
Who ARE those guys?” Cont.
 What Auditors are:
 Professionals – Contracted by your district
 Experienced and ethically bound to respect student
confidentiality
 Have various levels of Title 5 knowledge
 Human
What is our Goal?
 Not necessarily to win the war, rather, to
avoid losing the battle
 Make the audit experience, if not enjoyable, at
least tolerable for everyone
 Strive to influence that portion of the results
that are susceptible to opinion
 Structure our strategy, our behavior and our
energy on receiving the “Benefit of the Doubt”
Consider this Graph…
Tests Passed or Failed
12%
6%
Passed
Failed
In Doubt
82%
We CAN influence how the “in
doubt” is reported
What does it take?
Attitude
Preparation
Respect
Resolve
Audit Etiquette

Attitude
 Present a positive attitude towards the audit
 Indicate your desire for continuous improvement
 Respect
 Show confidence in the contractor’s ability to understand your program
 Treat the auditors as the professionals they are, and their right to be there
 Agree to disagree if at an impasse – they may be wrong, but disrespect will not
change their minds
 Courtesy
 Get them Parking Passes
 Make them comfortable
 Good space/chairs/lighting
 Make it easy for them to find things
 Files/coffee
 Sincere communication
 DO NOT BE PHONY
Audit Preparation
 Know the Audit Contractor
 Check with the Business office

Discuss your needs
 Entrance/Exit Interviews
 Sample audit reports
 Timing of audit
 Communicate with the contractor



Ask for entrance and exit interviews
Ask to present program overview at entrance interview
Determine dates and times for audit and schedule interviews
 Review their work
 Familiarize yourself with Contracted District Audit Manual
 Obtain previous audits by this contractor
 Look at the type of tests they used and numbers of files they reviewed
 See how they word the tests
 Get clues from their summations
 Conduct a self-test
 Use the Title 5 Self-Assessment Checklist as you think the contractor might
Compliance Issues
Your Self-Check and Ongoing Quality Control Should
Target:
Eligibility - Title 5 vs. 504 and the ADAA
 Understand the difference
 List checklist items here
 Documentation - Required Information and
Signatures
 List checklist items here
 Educational limitations and Services
 List checklist items here
The Entrance Interview
 Expectations and Ground rules
 Establish times the auditors will be in your office
 Establish record review protocols (what to do with completed
record, where to get student records in the morning, where to
store student records at night)
 Program overviews, information, tours
 Offer a tour of your office
 Prepare a brief overview
 Review student record contents and location of documents
 Show where other records such as sign-in sheets or
equipment checkout documents are kept
 Contact/logistics person always available
During the Audit
 Access
 Access is absolute and available at the established
times
 Clarification
 If disputes arise regarding audit findings they should be discussed as
early on as possible in the audit process, not in the exit interview.
 If the immediate contact person is not able to provide clarification
know who can and how soon
 Selling your P&P
 Have rationale for your processes ready
 If there is a reasonable explanation, provide it
 Do not try to BS a policy or a mistake
The Exit Interview
Receiving Results:
 Try to make clarifications prior to the
exit interview
 Unless there are obvious errors accept
the results
 Giving a rationale vs. being defensive
Acting on the Results
 Preparing your administration
 Alert administration to known problems before the audit
(based on self-tests)
 Invite your administrators to participate
 Update after the entrance interview
 Update after the exit interview
 Creating a Plan
 Review report/check for accuracy
 Assess resources for corrective action
 Prioritize problems areas
 Implement plan
 Appeals
• Hot Topics
• Creative Ideas
• Q and A
WHY CAPED?
Officer
Institution
Recognition for the campus
Legislative Policy Advocacy
Employees are updated
Command respect
Leadership
Shape Future Leaders
Inner workings of Organization
Intimate Involvement
Good for resume
Member
Power
Clout
Student Scholarships
Peer Support and Mentors
Information Clearinghouse
Discounted Convention and Training
Professional Development
CAPED Network
Support & voice for your cause
37 year track record
Opportunity to make a difference
Interest Group Activities
Publications
Grace Hanson
New Directors Training
September 2013
DSPS AND SSSP
Mia Keeley,
A&R/EAP/SSSP, CCCCO
DSPS New Directors Training
September 12, 2014
SSSP Funding
 SSSP core services given by a DSPS counselor may be counted in the
data elements for funding purposes
 SSSP can fund newly created counseling positions to provide SSSP core
services to CalWORKs/DSPS/EOPS students provided:
 positions funded are only dedicated to providing core services
 not currently paid for w/other categorical funds, counted as district
contribution, college effort or any other required match or maintenance of
effort for another categorical program
 Generally, SSSP can not fund positions previously paid for out of
general fund, since that would be considered supplanting
 might be allowed if college can show other district funds were moved to SSSP so
that there is a net increase in SSSP funded services to reflect the increased
allocation
Education Plans – Title 5, § 55524
 DSPS SECs may count as Ed Plans for SSSP if they meet the
criteria set forth in § 55524
 Abbreviated:
 One to two terms designed to meet immediate needs when
comprehensive plan not appropriate
 Comprehensive:
 Education goal & course of study (requirements for major, transfer,
certificate, program, prerequisites/co-requisite, basic skills,
assessment/placement results, any referral needs)
 Tailored to individual needs & may include requirements for EOPS,
DSPS, CalWORKs, vets, athletics, etc.
Priority Enrollment - Title 5, § 58108
 Recent amendments update the regulations to reflect
legislative changes adding CalWORKs, DSPS, and EOPS to
the highest level of priority.
 Clarifies that to be eligible, all new students (including
statutory groups), must have completed orientation,
assessment, and developed student education plans.
 It is the college’s institutional responsibility to ensure
timely and appropriate accommodations are made to
ensure equal access to those core services.
 Priority enrollment can be granted as an accommodation
for students with disabilities
APTC
CCCCO Website
DECT
HTCTU
Learning Ally
PepNet
Tarjan Center
“Sidekick” Website
Student Mental Health Program (CCCC SMHP)
PADS
 A Yosemite Community College District contract
(fiscal agent)
 Physically located in Modesto, CA
 District contact – Carrie Sampson
 Objective – to provide support and funding for special
projects to assist the DSPS program
PADS Special Projects
 Galvin Group
 Smartext - Universal Learning Design
 Learning Ally statewide membership
 UCLA Tarjan Center
 LD / CARS-W support
 Travel and support for statewide advisory groups
DSPS Grant Resources
 Alternate Text Production Center (ATPC)
 High Tech Center Training Unit (HTCTU)
 Distance Education Captioning and Transcription
(DECT)
 Various special projects via Program Accountability
and Development Services (PADS) contracts
ATPC
•
•
•
•
A San Bernardino Community College District grant
Physically located in Camarillo, CA
Project Director: Jeff Baugher
Objective: To provide quality Braille, E-text and Tactile
Graphics production and alternate media support at
no cost to the colleges.
• Website: www.atpc.net
HTCTU
• A Foothill/DeAnza Community College grant
• Physically located in Cupertino, CA (across the street
from De Anza College)
• Director – Gaeir Dietrich
• Objective – To provide training, technical assistance
and support in the areas of web accessibility,
alternate media production and assistive technology
• Website: www.htctu.net
DECT
• A Santa Clarita Community College District grant
• Physically located at the College of the Canyons
• Project Director: James Glapa-Grossklag
• Objective: To provide quality captioning and
transcription services for instructional content
used in a Distance Ed or hybrid course delivery
mode.
• http://www.canyons.edu/Offices/DistanceLearni
ng/Captioning/Pages/default.aspx
CCC Student Mental Health
Program
CO Mental Health Services Specialist:
Betsy Sheldon (916) 322-4004
bsheldon@cccco.edu
Website:
 http://www.cccstudentmentalhealth.org/
main.php
Sidekick
Website
http://www.toolsthatinspire.com/
California Community College’s
System-Wide Access
 Learning Ally provides an online library of
80,000 accessible audio textbooks and literature
titles
 California Community College’s have free access
to Learning Ally’s audiobook library
 There is no limit on Student Accounts or
audiobooks added
 Free Software for PC, MAC, iOS, and Android
For more information contact:
Rheaa Thompson
Rthompson@LearningAlly.org
832-830-6370
www.learningally.org/cacolleges
Overview of CCCCO Website
Home Page Portal ( www.cccco.edu )
1. California Community Colleges
2. Chancellor’s Office Systems Operations
3. Datamart
4. Student Success Initiative
5. Student Success Scorecard
…Let’s have a walk through each site…
DSPS Site
 How to navigate there (multiple paths in)
 General page layout and configuration
 Some key things you’ll need to be able to find
Allocations
2. Forms
3. Archives
 New CCCCO contact for website issues…(hint, you’re
looking at him…)
1.
Before you go…..
 Life is a balancing act.
 Life is more than work, it is family, friends, fun and
relaxation.
 Don’t spend all your time at work and forget the
important things in life.