Chancellor’s Office California Community Colleges Student Services & Special Programs Division

1. Chancellor’s Office California Community CollegesStudent Services & Special Programs Division DSPS New Directors Training September 10-12, 2014

2. Presenters • Scott Berenson • Scott Valverde • Mia Keeley • Chelle Ellenberger • Jan Galvin • Catherine Campisi • Bette McMuldren • Skip Bingham • A panel of experienced DSPS Coordinators

3. Housekeeping • Welcome and Introductions • Travel Reimbursements

4. Administration and Oversight of DSPS The Big Picture

5. Key Federal and State Laws and Regulations What Administrators & DSPS Coordinators Need to Know!

6. 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!

7. 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.

8. 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…”

9. 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

10. 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

11. Examples of Major Life Activities Include: • Walking • Seeing • Hearing • Speaking • Learning

12. Remember… • Students must meet academic and technical requirements of the college including complying with the Code of Conduct (accommodations may be needed)

13. 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

14. 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

15. 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)

16. How to Define Fundamental Alteration and…. • Compare the course outline of record to the syllabus for a particular class – do all instructors requireX task or method?

17. …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!

18. 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

19. 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.

20. 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

21. 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.

22. 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)

23. 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

24. 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

25. WEB Access South Carolina Technical College System (OCR, March 2013) & Louisiana Technical College System (DOJ July 2013)

26. 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

27. 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

28. 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

29. 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.

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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 time-wise

36. 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

37. 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

38. 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

39. 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

40. Links Louisiana Tech University (Department of Justice)Settlement Agreement:http://www.ada.gov/louisiana-tech.htmSouth 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.pdfFact 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/colleague-20100629.htmlQ&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

41. 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.disabilitycomplianceforhighereducation.com

42. Key State Laws • Education Code Sections 67310-12 and Title 5 regulations Sections 56000 et. seq.

43. 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

44. 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

45. 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

46. 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

47. 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

48. 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

49. Resources: • Chancellor’s Office website • The Galvin Group website • DSPS Directors Listserv – sign up through the High Tech Center Training Unit • CAPED

50. 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.