DSPS New Directors Training September 19 21 2018

DSPS New Directors Training September 19 -21, 2018 Day Two California Community Colleges Chancellor’s Office Student Services & Special Programs Division Disabled Student Programs & Services

Day Two Agenda (hyperlinked to section) 1

Chancellor’s Office Direction • Remarks from Dean, Student Services, Mia Keeley 2

New Guidance & Requirements California Community Colleges, Chancellor’s Office Linda Vann, DSPS Specialist and Elena Alcala, Program Analyst 3

Why? • New guidance and requirements for community colleges have been established due to recommendations from an audit conducted by the State Auditor’s Office in 2017. • Alternate Media Production Guidance is an addendum to the established guidance released in 2000. • A new program plan was developed for the evaluation of the DSPS departments at the 114 colleges. 4

Alternate Media Production Guidance • The new addendum adds recommended processes for the following: • • • The request of alternate media from students Delivery timelines Data tracking recommendations Monitoring of alternate media requests Handling of alternate media complaint procedures Monitoring of complaints 5

Alternate Media Requests • Local DSPS offices should offer a process to submit requests and assistance to students who need alternate media. • Encourage early submission by sending reminders to all approved DSPS students four weeks prior to the start of classes. The reminder should also contain: • Deadline information and consequences if request is not submitted in time (3 weeks prior to start of class is the standard for on time requests); • Complaint information; and • Offer assistance to request service • Monitoring: data should be reviewed twice a year to ensure student success. 6

Delivery Timelines • Standard delivery time • This standard only applies if the request is submitted to the DSPS office 3 weeks prior to the start of class. • All requests should be delivered to the student 10 business days from the date permission is received from text publisher. A standard of 17 business days is established for course readers. • “Rolling basis” production • Rolling basis: only sections of the book are produced based on their use in class per course syllabus. Sections are produced throughout the year based on need. • Established standard is 5 business days from date permission was granted by publisher and 8 business days for course readers. • Specialized text • Math, science, foreign language and other subjects may take longer to produce. DSPS office will turn around requests of specialized textbooks as soon as possible. 7

Data Tracking • Community colleges are recommended to maintain an alternate media request/response tracking system that contains at a minimum, all of the following: • • • date student notified to submit Alternate Media Request date of request received date student notified of receipt of alternate media request projected date of completion (based on the delivery timeline guidelines) date student notified of completion of alternate media request the type of source material received (e. g. , scanned file, MS Word, PDF, etc. 8

Data Tracking Continued • the type of alternate format produced • actual date of completion (with notation on number of business days, if any, beyond scheduled date of completion) • time interval, in days, identifying the difference between the projected date of completion and the actual date of completion • comments and/or notes regarding subject matter, poor quality original materials, or complexity of alternate media format, e. g. , paper production of Braille or large print • requiring re-formatting/re-pagination • actual time it took to produce alternate format materials 9

Complaint Procedures • Community colleges are recommended to have a complaint process allowing for the documentation of a complaint and to have a tracking mechanism in place to monitor the status of a complaint. • Complaints should be reviewed no less than twice per year. 10

New Program Plan Requirements Background • Previous program review (field visits) • Discontinuation of field visits • Audit • Work group and development of new program plan • What constitutes a valid program review 11

New Program Plan Requirements 12

Content of New Program Plan • Section one contains 7 questions regarding program level planning and its alignment with your institution’s plans. These questions will cover short and long term department goals. • Section two contains 14 questions on institutional level planning. These questions specifically focus on ADA, facilities, technology, and educational master plans and their link to DSPS. • Section three includes requirements for 7 questions to be embedded in the local campuses’ staff survey and 10 questions to be embedded in the local campuses’ student survey. The administration of a survey will be required if your department does not already do one. 13

Content of New Program Plan Continued • The program plan will require each campus to provide the survey results for the 7 staff questions and the 10 student questions. • All questions were designed to measure the perception of effectiveness of the program from the viewpoint of staff and students. • These questions need to be listed at the beginning of your survey in the exact format that you receive them in. The results will be compiled analyzed state-wide. Other questions may be added at the local level based on local need. 14

Contact us Linda Vann, Program Specialist lvann@cccco. edu 916 -322 -3234 Elena Alcala, Program Analyst ealcala@cccco. edu 916 -327 -0752 15

Regional Breakout Sessions Promising Practices, Hot Topics 16

Your Responsibilities, Part 2: Determining Eligibility and Educational Limitations Presenter: Jill Jansen DSPS Solutions 17

Sources for Determining Eligibility • ADAA and 504 vs. Title 5 • Civil Rights vs. Funding • The documentation conundrum • Is this a person with a disability? • Must impair a major life activity • Time, manner, OR duration analysis to determine “qualifying Person with a disability” • Include: difficulty, effort or time required to perform a major life activity; the pain experienced in doing so, length of time effects 18

ADA § 35. 108: Definition of Disability (1) Disability means, with respect to an individual: (i) A physical or mental impairment that substantially limits one or more of the major life activities of such individual; (ii) A record of such an impairment; or (iii) Being regarded as having such an impairment as described in paragraph (f) of this section. (2) Rules of construction. (i) The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. 19

Determining Eligibility for DSPS Services • Student must have a verified disability which results in an educational limitation • An impairment may be verified by: • Observation in conjunction with student self-report of the following disabilities only - physical, DHH, Blind/Low vision, and ABI* • Assessment* • Review of existing documentation* • Educational limitations are identified/described in the Academic Accommodations Plan* *by DSPS Certificated Staff 20

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 21

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. 2. 3. 4. Application Academic Accommodation Plan (AAP) Release of Information Verification of Disability (supported by the interactive process) 5. Documentation of Service Delivery (at least one contact per reporting year) 22

Academic Accommodation Plan AAP Includes: Student name Functional Limitations with notes of interactive process Starting date of plan Services to be provided Some indication that the student participated in the process (could be a signature) AAP does not equal the abbreviated SEP It is completed once only, but can be updated if necessary 23

Section 56022 • Academic Accommodation Plan (sample follows) • Emphasizes the collaborative and deliberative process of determining the most appropriate academic adjustments, auxiliary aids, services, and/or instruction. • Must have documented process, which can be in an electronic or paper format. • Evidence of interactive process (student signature is clearest and easiest indication) Section 56022 24

Academic Accommodation Plan Components Interactive Process 25

Academic Accommodation Plan Sample 26

Student Rights and Responsibilities • Can be part of application • Recommend that student signs that the rights/responsibilities have been read, but not required • Confidentiality 27

Student Record Essentials • Documentation in student records should be sufficient to allow a reviewer or other authorized person to determine that: • Verification of the disability has been obtained with documentation & selfreport, or assessment, or observation, and interactive process • 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 28

Student Record Essentials Continued • The student record should also include documentation of: • • any abuse of DSPS service code of conduct issues academic standards issues counseling notes or other service documentation • Written notifications of accommodation or service problems encountered by the student may be placed in the file • For more information, see : DSPS Solutions DSPS Directors Training Module: Documenting Eligibility and Educational Accommodations 29

Timely and Effective Service Delivery • The most critical responsibility is to ensure the student is provided with the most appropriate academic adjustments, auxiliary aids, services, and/or instruction. • That accommodations are provided in a timely and effective manner. • Costs now are considerably less than lawsuits later. 30

Determining the Appropriate DSPS Reporting Category 31

Student Contacts for MIS • Meeting with a student to: • discuss classes, accommodations, etc. • conduct services needed for next semester • An online or telephone conversation of substance or outcome-oriented • Training in use of assistive technology • Students who attend an approved “Educational Assistance Class” designed for DSPS students • A telephone call to remind the student of an appointment • Letters / newsletters sent out to students at home • For more information, see : Service Contacts and Being Counted for Allocation, Title 5 Section 56062 32

Examples of a Service Contact Academic counseling/advising Adapted/Adjustable Furniture (AAF) Adapted Physical Education (APE) Alternate Media Assistive Listening Devices (ALD) Assistive Technology (AT) Assistive Technology Training Calculator and Spell Checker Computer Assisted Real-Time Transcription (CART) Disability-related Counseling Distraction Reduced Setting Assistance Classes Equipment Loan Extended Time on Quizzes, Tests, and Exams Learning Disabilities Assessment (LDESM) Liaison/Referral to Instructors, College, and Community Resources Notetaking/Notetaking paper On-Campus Transportation Personal Counseling Personal Locker Preferential Seating Priority Registration Reader Recorder Registration Assistance Scribe Services Service Animal Sign Language Interpreter (SLI) Speech Services Special Parking (Handicapped Parking) Transportation Assistance (off-campus) Tutoring Services 33

Section 56026 • Academic Adjustments, Auxiliary Aids and Services • Long list removed from regulation • Updated non-exclusive list in guidelines Remember: Technologies and services change, not everything is listed Section 56026 34

Budget/MIS Reporting Critical that the Coordinator learn the District’s budgeting process Three required reports MIS EOY - SSARCC Unspent/additional funds Mid-year Report (may be optional) 35

Support Services Student Contacts for MIS Reporting: TITLE 5 -SECTION 56062 • A community college district will be deemed to have “provided academic adjustments, auxiliary aids, services and/or instruction” to a student with a disability, as required by Section 56060, if the student has applied to the DSPS [has a Student Record/SD screen in MIS] or is enrolled in an educational assistance class or is enrolled in a general class and received one or more service contacts each semester [term] the student attends. 36

Counting Contacts 37

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 (CCLC has statewide models) 38

Academic Accommodations Policies & Procedures • Policy and Procedures must be available • Most colleges put on website • No requirement for student copy or in file • Policies & Procedures Example • Failure for providing assessment of the request is not an option 39

How to Define Fundamental Alteration and…. 40

…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 • For more information, see DSPS Solutions’ Fundamental Alteration and Undue Burden regarding procedural/legal requirements and case examples related to this topic 41

Program Compliance • Student records and activities must conform to Title 5 • Section 56046 DSPS Program Plan can be a unit plan or whatever your college is using for internal strategic planning as long as it meets the requirements listed in the regulation. • Preparing for the audit • Elements of an Audit Finding • • • Criteria Condition Questioned Cost Auditor’s Recommendation District Response (Corrective Action) 42

Breakout Session by Single College vs Multi-College Districts Share Budget Best Practices 43

BREAK • Enjoy the snacks • Be back by 2: 45 44

California Community Colleges Accessibility Center HTCTU Presenter: Sean Keegan, Director 45

Where we were 46

Brief History High Tech Center Training Unit • Web accessibility, assistive technology, alternate media topics, Section 508, instructional accessibility topics CCC Accessibility Center • Institutional accessibility topics, policy and procedures, Section 508, and internal apps developed at the CCC Technology Center 47

Brief History, Continued May 2018 • Both the CCC Accessibility Center and HTCTU were included in the Shared Infrastructure Program (SIP) grant • Proposal was to create one program to fulfill roles of both CCC Accessibility Center and HTCTU June 2018 • SIP grant awarded to Butte-Glenn Community College District • Moved HTCTU equipment from De Anza College • Transitioned HTCTU mailing lists to CCC Tech Center 48

Where we are 49

Activities • Identifying new Chancellor’s Office stakeholders and following new business processes • Recruiting contractors to support training activities • Developing new website content • Secured funding for AIMHub and Sonocent Audio Notetaker Project 50

Activities, Continued • Released Dinolytics Web Accessibility Scanning Tool • Working on resources for CCC Information and Communication Technology and Instructional Materials Accessibility Standard • Continuing CCC Accessibility Center Help Desk 51

Where we go 52

Proposed next steps • Develop Advisory Committee • Schedule trainings and workshops for colleges • Review effectiveness and interest in specific projects: • Braille. Note Device Loan Program • Sonocent Audio Notetaker • AIMHub Project 53

Contact Information www. cccaccessibility. org accessibility@cccnext. net skeegan@ccctechcenter. org Linked. In: CCC Accessibility Center 54

OCR / Legal Updates Presenter: Jill Baker DSPS Solutions 55

Federal Laws Addressing Students with Disabilities • Rehabilitation Act of 1973, as Amended • Section 504 (deep-linked to Subpart E -Postsecondary Education) • Section 508 (updated accessibility standards for electronic and information technology) • Americans with Disabilities Act of 1990, as Amended (in 2008) • Title II (State and Local Government Services) • Standards for Accessible Design (updated in 2010) & accompanying Guidance Document • Communications Act of 1934, as Amended (in 1996) • Requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible. • ICT Refresh of Section 508 and Section 255 of Communications Act (updated accessibility standards for information and communication technology) 56

Oversight and Legal Actions • Department of Education (DOE), Office for Civil Rights (OCR) • Description of OCR authority and how to file a complaint • Resolution Letters and Agreements • Description of OCR Complaint Processing Procedures • DOE OCR Case Processing Manual • Department of Justice (DOJ), Civil Rights Division • Typically has the lead when going to court in an education matter • Legal action by a plaintiff in a court of law • Between the student or their representative and the institution • Depending on nature of action, DOJ may join the suit 57

Trends in Recent OCR Actions and Legal Cases 58

Inaccessible Electronic and Information Technology and Communication (EIT/ICT) • Inaccessible websites and content, lack of closed captioning, instructional materials, Learning Management Systems, software, lack of interoperability with accessibility tools, other EIT/ICT issues, both OCR and lawsuits • Long-standing mandates for accessible instructional materials and EIT/ICT based upon Rehabilitation Act of 1973 (Sections 504 & 508) and ADA (Title II) • New, higher levels of accessibility required with the ICT Refresh of Section 508/ Section 255 of Communications Act , effective January 2018 • Question of effective communication 59

EIT/ICT Case Examples 1. Disability Rights Advocates v. University of California, Berkeley (2013) 2. National Federation of the Blind, Anthony Lanzilotti, and Mitchell Cossaboon v. Atlantic Cape Community College (Accepted Consent Decree) (2015) 3. “Student” v. Siskyou Joint Community College District (Settlement Agreement) (2015) 4. National Association of the Deaf and DOJ v. University of California, Berkeley (2016) 5. National Association of the Deaf v. Harvard University and MIT (2016) 6. Dudley and United States v. Miami University of Ohio (Consent Decree) (2016) 7. National Federation of the Blind of California, Roy Payan, and Portia Mason v. Los Angeles Community College District (2017 ongoing) 8. Claire Stanley, et al. , v. Bar. Bri, Inc. (Court-enforced Consent Decree) (2018) 60

EIT/ICT Resources • CCC Accessibility Center • White Paper on Accessibility • HTCTU • DSPS Solutions Website: Resources Section Six: 508, Alternate Media, Distance Education and Assistive Technology • Letter from Chancellor Oakley to CEOs, CIOs, CBOs, and CSSOs regarding college responsibility for assuring accessibility • CCCCO Information and Communication Technology and Instructional Material Accessibility Standard • AHEAD: Accessing Higher Ground Conference 61

Complaints and Grievance Processes and Procedures • While not the primary issue in most complaints, a review of numerous cases over the past few years revealed the importance of well written, well communicated, appropriately administered and delivered complaint and grievance processes and procedures. • In addition, to have effective processes and procedures, colleges need well written, well communicated, appropriately administered overarching policies regarding nondiscrimination, harassment, student grievances or complaints, student rights and responsibilities, accommodations for Students with Disabilities… 62

Essential Elements of Effective Grievance Procedures • Clearly written and posted in multiple locations and modalities, such as: • Student Handbook, College Catalog, administrative offices, DSPS Office, website… • Are regularly reviewed and revised to ensure CURRENCY • Identifies who, what, when, where, how, and why … the complaint will be resolved, including a timeframe for resolution • Is specific in terms of who to go to with questions and concerns • Is confidential, fair, and unbiased in terms of investigation, hearing, and appeal, including interviews and review of evidence from both parties and witnesses • Formally notifies parties of the outcome • See also: DOE OCR: Developing Effective Grievance Procedures 63

Grievance/Complaint Case Examples 1. Metropolitan College of New York (OCR Resolution Agreement) (2015) 2. San Diego Community College District (OCR Resolution) (2015) 3. Fresno City College (OCR Resolution Agreement) (2016) 4. Woodland College (OCR Resolution Agreement) (2016) 5. UCLA (OCR Resolution Agreement) (2016) 6. Western Carolina University (OCR Resolution Agreement) (2016) 7. Florida State University (OCR Resolution Agreement) (2106) 64

Interactive Process • Numerous resolution agreements included the failure of the college to properly engage in the interactive process to identify the most effective academic adjustments, auxiliary aids, services, and/or instruction, including those relating to: • Effective communication • Testing • Distraction-free, oral, open-book… • Notetaking • Clinical accommodations • And more… • OCR directive in most every one of these instances: Staff training in process 65

Wrap-Up and Q & A 66