California State Regulations

Full Text (pdf) - 2015 Implementing Guidelines for Title 5 DSPS Regulations

In addition to operating under the mandates of Sections 504 / 508 and the ADAA, De Anza College and the DSPS Division is governed by the California Code of Regulations - Title 5 enacted in 1977 and revised in 1993 and 2015. Title 5 guides the provision of services and instruction to students with disabilities. It also provides funding that offsets some of the additional costs of providing authorized services.

Title 5 specifies that DSPS services or instruction must:

• Be directly related to the educational limitations of the student’s verified disabilities.
• Be directly related to the student’s participation in the educational programs and activities.
• Support participation in educational programs and activities consistent with the college mission.
• Promote maximum independence and integration.

Title 5 also specifies that DSPS services or instruction must not:

Duplicate those available to all students.
Limit the number of qualified students with disabilities.
Establish rules and policies that have the effect of limiting participation by students with disabilities in educational programs or activities.
Exclude qualified students with disabilities from any college course of study.
Provide less financial assistance to students with disabilities than is provided to students without disabilities or limit eligibility for scholarships on the basis of disability.
Measure student achievement using methods that discriminate against students with disabilities.
Counsel students with disabilities into more restrictive career paths than those recommended to students who are not disabled.

Colleges are required to provide reasonable accommodations (academic adjustments, auxiliary aids, services, and educational assistance courses) so that students with verified disabilities can fulfill academic requirements.

These accommodations may include, but are not limited to:

• Changes in teaching methods or materials
• Increased time allowances
• Alternate assignments
• Substitution of equivalent courses. Link to Academic Senate Policy

Effective accommodations relate directly to the student’s educational limitation. They are designed to:

• Overcome disadvantages imposed by a disability.
• Provide equal opportunity for achievement.
• Address individual needs.
• Be provided as a legal right, not as a privilege.

Effective accommodations preserve academic integrity. They must not:

• Provide a competitive advantage.
• Lower the academic standard by “watering down” content.
• Lower the academic standard by grading the student more leniently.
• Continue if ineffective or no longer required.

Academic accommodations are not required if they would alter the fundamental nature of a course or a program. However, the burden of proof is on the college to demonstrate that the student’s accommodations will alter the fundamental nature of a course or a program. A central consideration is that the college administration and the faculty/staff member have made good faith efforts to provide appropriate, reasonable, and equal access to the college’s educational programs, services, and activities without altering their fundamental nature.

Colleges and universities must provide auxiliary aids to ensure that students are not, in effect, excluded from programs and activities. These include, but are not limited to, such assistance as that provided by

• Sign language interpreters,
• Real-time captioners,
• Readers, or
• Scribes.

Specialized equipment may be required, including equipment to make laboratories, computers, and information systems accessible. Video materials, distance learning courses, libraries, and information provided on the Internet must likewise be accessible for students with disabilities.

Colleges are not required to provide assistance or devices of a personal nature or which are individually prescribed.

Campus materials available to the public must be available in alternate formats upon request. Instructional materials requested by a student with print disabilities for a specific class must be translated in a timely fashion into an appropriate alternative format. Alternative formats include, but are not limited to:

• Audiotape,
• Large print,
• Braille, and
• Electronic text made accessible by assistive technology.

Disability information is privileged and highly confidential. College administration, faculty, and staff should be aware that strict legal provisions protect student privacy. Key points are summarized below.

• Disability records are separate from the student’s other college and academic records.
• Prior to providing the accommodation, faculty may verify with the DSPS Division that:
• A student has documented their disability and
• That the student’s accommodations are authorized as appropriate, reasonable, and current.
• A student with a non-visible disability may prefer not to disclose their specific disability diagnosis, but if the student requests accommodation, a faculty member should require that the student’s eligibility be verified and current. Contact DSPS for assistance.
• Some students request that DSPS inform faculty members of their enrollment. If a particular service provider, such as a sign language interpreter, is assigned, that information will be forwarded.
• Any discussion of disability issues should be conducted in private with the student.
• The student, and no one else, may share the diagnosis and other particulars of the disability with faculty. A student’s decision to share such information is entirely voluntary.
• Faculty must make general classroom announcements and not single out a student with a disability unnecessarily.
• Information cannot be shared with other faculty, staff, or students without the student’s expressed consent. The only exception is a “specific professional need to know,” and if this rare circumstance arises, the faculty member is advised to first consult with the DSPS Division Dean or the College ADA/504 Officer.

Disability information is privileged and highly confidential. Questions on confidentiality should be addressed to the DSPS Division Dean or the College ADA/504 Officer