Transcript Document
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 testtaking
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
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
the student of an
appointment
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: [email protected]
Scott Valverde: [email protected]
Scott Berenson: [email protected]
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: [email protected].
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
[email protected]
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
[email protected]
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.