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Suspension of DSPS Services

  1. Policy

    1. Cuesta College shall provide access to its services, classes, and programs without regard to a handicapping condition. A student may be denied services, or have services suspended through Disabled Student Programs and Services (DSPS) when a student fails to comply with responsible use (i.e. inappropriate use) of DSPS services, fails to comply with the district student code of conduct requirements as established by Cuesta College, and/or fails to demonstrate measurable progress.
    2. Written notice shall be provided to the student prior to the suspension of services or instructional support and take effect 10 days from the date of the letter.
    3. The student shall be afforded an opportunity to appeal the decision. Each student shall be given a copy of this policy/regulation upon first applying for services from DSPS.

  2. Regulation

    1. Definitions of reasons for denial of services, classes and/or programs.
      1. Students are expected to demonstrate responsible use of DSPS services and instructional support and shall adhere to written service provision policies adopted by DSPS. Inappropriate use of DSPS services or instructional support is defined as a failure to comply with the policies and procedures of individual services or instructional support that students are using. Failure to comply with the terms stated within each specific service or instructional support area may result in the suspension of that service.
      2. Students receiving DSPS services or instructional support shall comply with the student code of conduct adopted by the college and all other applicable statutes and regulations related to student conduct. Student misconduct may result in the suspension of services.
        1. Students enrolled in Cuesta College assume an obligation to conduct themselves in a manner compatible with the college's function as an educational institution and adhere to the standards in the Student Code of Conduct.
        2. All students are expected to conduct themselves in an acceptable manner while on campus or at off-campus sites and when representing Cuesta College in any off-campus activity. Specific rules and regulations, and applicable penalties for violation of the Student Code of Conduct are printed in the Cuesta College catalog. Each student has the responsibility to be aware of college regulations.
        3. The Vice President of Student Services shall be responsible for enforcing rules and regulations for all activities of students at times and places when students are under college jurisdiction, except that individual teachers are given the power to suspend students for good cause for the remainder of the subject school day, plus up to one additional class meeting. The Vice President of Student Services is the principal of the college for the purpose of exercising the disciplinary functions (Board Policy 6200).
      3. Students receiving DSPS services or instructional support shall demonstrate measurable progress toward the goals established in the student's DSPS Student Educational Contract (SEC) or, when the student is enrolled in a regular college course, meet academic standards established by the college. Lack of measurable progress may result in the suspension of services and instructional support. A lack of measurable progress may be defined in any of the following ways and may result in a complete loss of DSPS services.
        1. Failure to meet Cuesta College's academic standards as established by the college.
        2. Two consecutive semesters of failure to follow DSPS policies.
        3. Failure to make progress toward the goals outlined in the SEC for two consecutive semesters.

  3. Procedure for Suspension of Services

    1. Prior to the suspension of a service or instructional support, a student will be notified in writing and given the reason for the suspension of service. The service will be automatically suspended 10 working days from the date of the letter. 
    2. When a service or instructional support is suspended, it will be suspended for the current semester only.
    3. Suspended services and/or instructional support may be reinstated prior to the end of a semester only with a recommendation from the DSPS specialist and on the authorization of the DSPS Director, and only if there are extenuating circumstances which warrant the reinstatement of the suspended service.
    4. Reinstatement of a suspended service and/or instructional support for subsequent semesters will require the student to meet with his/her disability specialist and negotiate a new contract.

  4. Related Information

    1. Eligibility
      1. In order to be eligible for DSPS services or instructional support, a student with a disability must have a verified impairment which results in an educational limitation. The existence of an impairment may be verified by one of the following means:
        1. review of documentation provided by appropriate agencies or certified licensed professionals outside of DSPS;
        2. observation by DSPS professional staff; or 
        3. assessment by appropriate DSPS professional staff. 
      2. The student's educational limitations must be identified by appropriate DSPS professional staff and described in the Student Educational Contract (SEC). Eligibility for each service provided must be directly related to an educational limitation.
    2. Student Educational Contract: a SEC is a plan to address specific needs of the student. An SEC must be established upon initiation of DSPS services. The SEC specifies those regular and/or special classes and support services identified and agreed upon by both the student and DSPS professional staff as necessary to meet the student's specific educational needs. The SEC shall be reviewed annually by a DSPS professional staff person to determine whether the student has made progress toward his/her stated goal(s). In addition, for students in noncredit special classes, each SEC shall include, but need not be limited to a description of the criteria used to evaluate the student's progress.
      1. 1. Cuesta College has an established process for assisting students to select a specific educational goal within a reasonable time after admission. This shall include, but not be limited to, the provision of academic counseling.
      2. 2. Once a student has selected a specific educational goal, the district shall afford the student the opportunity to develop a student educational contract describing the responsibilities of the student, the requirements he or she must meet, and the courses, programs, and services required to achieve the stated goal.
      3. The student educational contract shall be recorded in written form. The contract and its implementation shall be reviewed at least annually, or sooner if necessary, to ensure that it continues to accurately reflect the needs and goals of the student.

    3. DSPS Student Rights
      1. Participation by students with disabilities in Disabled Student Programs and Services shall be entirely voluntary.
      2. Receiving support services or instruction shall not preclude a student from also participating in any other course, program or activity offered by the college.
      3. If a student believes the district has failed to make good faith efforts to develop a student educational contract or has failed to provide services specified in the student educational contract, the student may file a complaint.

  5. Student Complaint

    1. Anyone dissatisfied with a decision concerning suspension of DSPS services should follow the applicable Cuesta College DSPS Academic Accommodations Request Procedure and/or the Cuesta College Board approved 504/ADA Unlawful Discrimination Policy.
      References: Title 5 of the California Code of Regulations, 56000-56076 inclusive, 66300, 76030, 76033 and Education Code 66701, 67310-12, 70901, 84850.
    2. Cuesta College Policy on Student Complaints
    3. More information on Complaints and Greivances.

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