Article 3 - State-Funded Services

California Education Code — §§ 67310-67313

Sections (5)

Repealed and added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.

(a)The Legislature finds and declares that equal access to public postsecondary education is essential for the full integration of persons with disabilities into the social, political, and economic mainstream of California. The Legislature recognizes the historic underrepresentation of disabled students in postsecondary programs and the need for equitable efforts that enhance the enrollment and retention of disabled students in public colleges and universities in California.

(b)The Legislature recognizes its responsibility to provide and adequately fund postsecondary programs and services for disabled students attending a public postsecondary institution.

(c)To meet this responsibility, the Legislature sets forth the following principles for public postsecondary institutions and budgetary control agencies to observe in providing postsecondary programs and services for students with disabilities:

(1)The state funded activity shall be consistent with the stated purpose of programs and services for disabled students provided by the California Community Colleges, the California State University, or the University of California, as governed by the statutes, regulations, and guidelines of the community colleges, state university, or the University of California.

(2)The state funded activity shall not duplicate services or instruction that are available to all students, either on campus or in the community.

(3)The state funded activity shall be directly related to the functional limitations of the verifiable disabilities of the students to be served.

(4)The state funded activity shall be directly related to these students’ full access to and participation in the educational process.

(5)The state funded activity shall have as its goals the independence of disabled students and the maximum integration of these students with other students.

(6)The state funded activity shall be provided in the most integrated setting possible, consistent with state and federal law, state policy and funding requirements, and missions and policies of the postsecondary segment, and shall be based on identified student needs.

(d)It is the intent of the Legislature that, through the state budget process, the public postsecondary institutions request, and the state provide, funds to cover the actual cost of providing services and instruction, consistent with the principles set forth in subdivision (c), to disabled students in their respective postsecondary institutions.

(e)All public postsecondary education institutions shall continue to utilize other available resources to support programs and services for disabled students as well as maintain their current level of funding from other sources whenever possible.

(f)Pursuant to Section 67312, postsecondary institutions shall demonstrate institutional accountability and clear program effectiveness evaluations for services to students with disabilities.

§ 67311

Repealed and added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.

It is the desire and intent of the Legislature that, as appropriate for each postsecondary segment, funds for disabled student programs and services be based on the following three categories of costs:

(a)Fixed costs associated with the ongoing administration and operation of the services and programs. These fixed costs are basic ongoing administrative and operational costs of campus programs that are relatively consistent in frequency from year-to-year, such as:

(1)Access to, and arrangements for, adaptive educational equipment, materials, and supplies required by disabled students.

(2)Job placement and development services related to the transition from school to employment.

(3)Liaisons with campus and community agencies, including referral and followup services to these agencies on behalf of disabled students.

(4)On-campus and off-campus registration assistance, including priority enrollment, applications for financial aid, and related college services.

(5)Special parking, including on-campus parking registration, temporary parking permit arrangements, and application assistance for students who do not have state handicapped placards or license plates.

(6)Supplemental specialized orientation to acquaint students with the campus environment.

(7)Activities to coordinate and administer specialized services and instruction.

(8)Activities to assess the planning, implementation, and effectiveness of disabled student services and programs.

The baseline cost of these services shall be determined by the respective system and fully funded with annual adjustments for inflation and salary range changes, to the extent funds are provided.

(b)Continuing variable costs that fluctuate with changes in the number of students or the unit load of students. These continuing variable costs are costs for services that vary in frequency depending on the needs of students, such as the following:

(1)Diagnostic assessment, including both individual and group assessment not otherwise provided by the institution to determine functional, educational, or employment levels or to certify specific disabilities.

(2)On-campus mobility assistance, including mobility training and orientation and manual or automatic transportation assistance to and from college courses and related educational activities.

(3)Off-campus transportation assistance, including transporting students with disabilities to and from the campus in areas where accessible public transportation is unavailable, inadequate, or both.

(4)Disability-related counseling and advising, including specialized academic, vocational, personal, and peer counseling, that is developed specifically for disabled students and not duplicated by regular counseling and advising services available to all students.

(5)Interpreter services, including manual and oral interpreting for deaf and hard-of-hearing students.

(6)Reader services to coordinate and provide access to information required for equitable academic participation if this access is unavailable in other suitable modes.

(7)Services to facilitate the repair of equipment and learning assistance devices.

(8)Special class instruction that does not duplicate existing college courses but is necessary to meet the unique educational needs of particular groups of disabled students.

(9)Speech services, provided by licensed speech or language pathologists for students with verified speech disabilities.

(10)Test taking facilitation, including adapting tests for and proctoring test taking by, disabled students.

(11)Transcription services, including, but not limited to, the provision of Braille and print materials.

(12)Specialized tutoring services not otherwise provided by the institution.

(13)Notetaker services for writing, notetaking, and manual manipulation for classroom and related academic activities.

State funds may be provided annually for the cost of these services on an actual-cost basis, including wages for the individuals providing these services and expenses for attendant supplies. Each institution shall be responsible for documenting its costs to the appropriate state agencies.

(c)One-time variable costs associated with the purchase or replacement of equipment. One-time variable costs are one-time expenditures for the purchase of supplies or the repair of equipment, such as adapted educational materials and vehicles. State funds shall be provided for these expenses on an actual cost basis as documented by each institution.

§ 67312

Amended by Stats. 2024, Ch. 905, Sec. 1. (AB 2821) Effective January 1, 2025.

(a)The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, for their respective systems, do all of the following:

(1)Work with the Department of Finance to develop formulas or procedures for allocating funds authorized under this chapter.

(2)Adopt rules and regulations necessary to the operation of programs funded pursuant to this chapter.

(3)Develop and implement, in consultation with students and staff, a system for evaluating state-funded programs and services for disabled students on each campus at least

every five years. At a minimum, these systems shall provide for the gathering of program cost and budget breakdowns, outcome data, staff and student perceptions of program effectiveness, and data on the implementation of the program and physical accessibility requirements of the Federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).

(b)(1) The Trustees of the California State University shall, and the Regents of the University of California are requested to, for their respective systems, provide, as part of established college personnel onboarding and training, information regarding disability access and compliance pursuant to Section 67312.5.

(2)The Chancellor of the California Community Colleges and community college districts shall collaborate to provide, as part of established college personnel onboarding and training, information regarding disability

access and compliance pursuant to Section 67312.5.

(c)Commencing in January 1990, and every two years thereafter, the Board of Governors of the California Community Colleges shall submit a report to the Governor and the education policy committees of the Legislature describing its efforts to serve students with disabilities. These biennial reports shall also include a review on a campus-by-campus basis of the enrollment, retention, transition, and graduation rates of disabled students, including categorical funding of those programs.

§ 67312.5

Added by Stats. 2024, Ch. 905, Sec. 2. (AB 2821) Effective January 1, 2025.

(a)The Trustees of the California State University shall, and the Regents of the University of California and the governing boards of independent postsecondary institutions are requested to, each establish a Disability Access and Compliance Training Program for their campuses. A Disability Access and Compliance Training Program shall be included within existing college personnel training and provided to college personnel upon onboarding.

(b)(1) On or before January 1, 2026, the Chancellor of the California Community Colleges shall establish a Disability Access and Compliance Training Program for California Community College campuses. On or before the start of the 2026–27 academic year, community college districts shall

include the Disability Access and Compliance Training Program within existing college personnel training and provide the training to college personnel upon onboarding.

(2)The Chancellor of the California Community Colleges shall develop the training components described in paragraphs (1), (2), and (3) of subdivision (c). Each community college district shall develop the training components described in paragraphs (4) and (5) of subdivision (c).

(c)A Disability Access and Compliance Training Program established pursuant to subdivision (a) or (b) shall include, but is not limited to, all of the following:

(1)The legal and procedural responsibility of college personnel to provide effective accommodations for disabled students, the implementation and administration of this responsibility, and the campus, criminal, and

civil consequences for failing to comply with this responsibility.

(2)Guidance regarding constructing and enforcing accessibility fixtures and practices in the universal design of campus coursework and classrooms.

(3)Common facts and myths regarding anti-disability and ableist stigmas and prejudices, including guidance on how to mitigate and report instances of anti-disability and ableist discrimination and harassment.

(4)The availability of, and contact information for, academic, campus, and local community resources for individuals experiencing anti-disability or ableist discrimination or harassment.

(5)Training on how to increase access to campus academic accommodations hubs, disability students program faculty liaisons, academic accommodations

guidance, disability access center disability access liaison team members, designated campus department ambassadors, and any other relevant campus personnel to offer additional support to students with disabilities.

§ 67313

Repealed and added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.

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