Existing law provides for various programs and services for students with disabilities in public postsecondary education. Existing law requires the California Community Colleges and the California State University, and authorizes the University of California, with respect to services provided for disabled students, to, at a minimum, conform to the level and quality of services provided by the Department of Rehabilitation to its clients, as provided. If a campus of the California Community Colleges, the California State University, or the University of California requires verification of a student's disability before providing academic accommodations requested by the student, this bill, commencing September 1, 2027, would require that campus to accept, as verification of the student's disability, an individualized education program and a specified plan issued by a school district, county office of education, or charter school, and an individual program plan issued by a regional center that contracts with the State Department of Developmental Services that documents the student's disability. If a student requests academic accommodations due to a disability, the bill, commencing September 1, 2027, would prohibit a campus of the California Community Colleges, the California State University, or the University of California from requiring the student to obtain new or additional diagnostic evaluations, as provided, and would authorize the campus to require supplemental information to evaluate the student's request for academic accommodations and to determine the type of reasonable accommodations that are appropriate and best suited for the student's educational needs, as provided.
Existing law makes legislative findings and declarations that set forth the principles for public postsecondary institutions and budgetary control agencies to observe in providing postsecondary programs and services for students with disabilities, including the principle that state-funded activity is directly related to the functional limitations of the verifiable disabilities of the students to be served. Existing law states the intent of the Legislature that, as appropriate for each postsecondary segment, funds for disabled student programs and services be based on 3 categories of costs, including a continuing variable costs category for services that vary in frequency depending on the needs of students, such as, among other services, diagnostic assessment, including both individual and group assessment not otherwise provided by the institution to determine functional, educational, or employment levels or to certify specific disabilities. Existing law requires the Board of Governors of the California Community Colleges to adopt rules and regulations for the administration and funding of educational programs and support services to be provided to disabled students by community college districts. Existing law requires those regulations to provide for the apportionment of funds to each community college district to offset the direct excess cost of providing specialized support services or instruction, or both, to disabled students enrolled in state-supported disabled student services programs or courses. Existing law describes those direct excess costs as those actual fixed, variable, and one-time costs, including those described above, that exceed the combined total of specified costs, revenues, and funds. Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. This bill would revise the intent of the Legislature relating to diagnostic assessments by including costs for continuing assessments, required documentation, and individual and group assessments provided by the institution or by an outside entity, as provided. The bill would also expand the purpose of the assessments to include defining specific disabilities of the student and as proof for academic or institutional accommodations. This bill, commencing July 1, 2027, and upon appropriation by the Legislature in the annual Budget Act, would require the Trustees of the California State University, and would request the Regents of the University of California, to cover the costs of diagnostic assessments for learning disabilities as proof for academic accommodations for any student who receives student financial aid or who is eligible for financial assistance from the institution's health or disability center, unless those diagnostic assessments are covered by the student's health insurance plan, as provided. The bill would require state funds to be provided annually for the cost of these services on an actual-cost basis and would require each institution to be responsible for documenting its costs to the Student Aid Commission. The bill would require the commission to oversee reimbursements to institutions for their documented costs. The bill would require each educational institution to post on its internet website that the educational institution will cover the costs of the diagnostic assessments for such students.
