Suspension of DSPS Services
- 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.
- 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.
- 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.
- Definitions of reasons for denial of services, classes and/or programs.
- 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.
- 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
- 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.
- 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
- 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).
- 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.
- Failure to meet Cuesta College's academic standards as established by the college.
- Two consecutive semesters of failure to follow DSPS policies.
- Failure to make progress toward the goals outlined in the SEC for two consecutive semesters.
Procedure for Suspension of Services
- 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.
- When a service or instructional support is suspended, it will be
suspended for the
current semester only.
- 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.
- 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.
- 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:
- review of documentation provided by appropriate agencies or certified licensed
professionals outside of DSPS;
- observation by DSPS professional staff; or
- assessment by appropriate DSPS professional staff.
- 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.
- 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. 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. 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.
- 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.
- DSPS Student Rights
- Participation by students with disabilities in Disabled Student Programs and Services
shall be entirely voluntary.
- Receiving support services or instruction shall not preclude a student from also participating
in any other course, program or activity offered by the college.
- 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.
- 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.
College Policy on Student Complaints
- More information on Complaints and Greivances.
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