This is not a complete set of draft Title 5 Regulations and Guidelines. There are several sections that have yet to be discussed or are in process. Please review the following sections, and either use mark-up or send me your comments. Our goal is to provide with enough wording for each regulation and to develop the guidelines so they speak with one voice, with consistency and clarity. NOTE: This is a draft document for discussion and comment only. When you share this with colleagues, please ensure they understand that these are not approved and cannot be used in their current form. Here are the following sections for your review: Section 56000 – Scope of Chapter Section 56002 – Student with a Disability Section 56004 – Educational Limitation Section 56005 – Academic Adjustments, Auxiliary Aids, Services and/or Instruction Section 56006 – Determination of Eligibility Section 56008 – Student Rights Section – Student Responsibilities Section 56020 – Availability of Services Section 56022 – Student Accommodations Plan Section 56026 – Academic Adjustments, Auxiliary Aids and Services Section – Academic Adjustments Section 56030 – Reporting Requirements Section – Physical Disabilities Section – Deaf and Hard of Hearing Section 56036 – Learning Disabilities Section 56038 – Acquired Brain Injury
Section 56040 – Intellectual Disabilities Section 56042 – Mental Health Disabilities Section 56044 – Other Health Conditions and Disabilities Section 560XX – Blind and Low Vision Section 560XX – Autism Spectrum Section 560XX – ADHD Section 56048 – Staffing Section – Evaluation Section – Special Projects Section 56060 – Basis of Funding Section 56062 – Provision of Academic Adjustments, Auxiliary Aids, Services and/or Instruction Section 56064 – Allowable Expenses Section 56066 – Comparable Services Section 56068 – Non-Allowable Expenses Section 56072 – Allocations, Reports, Audits, Adjustments Section – Accounting for funds Section 56076 – Other Resources The following sections are still under review or yet to be discussed: Section 56028 – Educational Assistance Class Instruction Section 56029 – Educational Assistance Class Repetition Section 56070 – Revenue from Educational Assistance Classes
Documentation from external sources which is used to verify a student’s disability should be evaluated to ensure it speaks directly to the student’s disability. Only in rare instances where a student’s disabling condition was identified as temporary should recency of documentation be relevant. As always DSPS staff should use their professional judgment in making their determinations. Section requires the submission of periodic reports to the state Chancellor’s Office. Colleges will be required to submit revised reports to correct errors on these reports as necessary. The colleges will be required to complete and submit the reports described above. These reports shall be submitted on forms provided by the state Chancellor’s Office. State Chancellor’s Office staff will in-service DSPS staff responsible for the compilation of this data. The colleges should maintain up-to-date files of the completed reports in the DSPS Office and the Business Office. 56032. Physical disability means a limitation in locomotion or motor functions that indicate a need for academic adjustments, auxiliary aids and services. These limitations are a result of specific impacts to the body’s skeletal, musculature or nervous systems. visual, mobility, or orthopedic impairment. Visual impairment means total or partial loss of sight. Mobility or orthopedic impairment means a serious limitation in locomotion or motor Note: Authority cited: Sections 67312, 70901, and 84850, Education Code. Reference: Sections 67310-12 and 84850, ‘Education Code
professional through the interactive process with the student or from information from other professionals or referring agencies. SECTION (ID) The developmentally delayed learner is a student who exhibits the following: (a) average intellectual functioning; (b) Potential for measurable achievement in instructional and employment settings. A student with an intellectual disability (ID) is characterized by significant limitations both in intellectual functioning and in adaptive behavior that affect many everyday social and practical skills. An individual is generally diagnosed as having an intellectual disability when: (1) the person's functioning level is below average intellectual ability; and (2) the person has significant limitations in adaptive skill areas as expressed in conceptual, social, academic and practical skills in independent living and employment; and, (3) the disability originated before the age of 18. Note: Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code. An Intellectual Disability (ID) is characterized by significant limitations both in intellectual functioning and in adaptive behavior that affect many everyday social and practical skills. Adaptive skill areas refer to basic skills needed for everyday life. They include communication, self-care, home living, social skills, leisure, health and safety, self-direction, functional academics (reading, writing, basic math) and work.