Forwarded Message from Scott Hamilton CAPED President
Sent: Jun 10, 2009 11:47 PM
To: DSP&S Directors Listserver
Subject: Wednesday update
Hello CAPED and DSPS.

First, I want to remind everyone that the budget is not anywhere near a done deal yet. Things are moving fast and decisions can be made quickly, but the cuts that have been proposed are just that...proposals. There are reports of community colleges already making cuts; not just planning for future cuts but actually making cuts. Those colleges are getting way ahead of themselves because the conference committee hasn't done their thing yet, and the Big 5 is where the decisions get finalized.

Let me also remind people that we have been down this road before. It was, what, ten years ago that 43% cuts were proposed by the Governor (sound familiar) and we ended up with a 1.3% cut that year because we showed up at hearings, wrote letters, made phone calls, etc. And we made up the cut and more with COLA and Growth the next year. A few years ago I looked back at all the state budgets I could find from the past, and in those years of DSPS budgets there had only been two years with cuts. The cuts were 3% during one year and 1.3% in another year.

None of this means we aren't going to have cuts, because the state budget is way out of balance and there will be cuts. What it does mean is that everyone has to make their voice heard and not just accept that our students are going to be hurt. You have to call your local legislator and express your opinion. I have done it, and so should everyone else. I live in Darrell Steinberg's district and I called his office, and I sent an email as a constituent. Of course I did not get to talk to Senator Steinberg ( I know someone who is a friend of the senator and they cannot even get ahold of him right now) but I did get to tell the person in his office about my concerns about the Governor's proposed cuts to DSPS, EOPS, and the rest of student services. Those opinions are recorded,  tallied and given to the senator, and that is what happens in every legislative office. But for us to be noticed means we all have to make the call. One person making a good argument isn't going to sway them, but hundreds of people making the argument and informing them of the absolute requirement of accommodations and an office to provide the accommodations at each and every college and university will make a difference. Just last year when the issue of block grants for student service programs in community colleges was proposed in budget hearings the chairs of the assembly and senate budget subcommittees for education both said that they had received the many comments from people around the state and that it had a direct effect on their decisions, which if you will remember went our way and did not include our programs in block grants even though both the state Department of Finance and the Postsecondary Education Commission supported block grants.

There are many possibilities of what might happen with the budget. As I said in an earlier email the Community College League has discussed a proposal that would cut DSPS and EOPS 15%. They have no power to enact this, but it is an alternative proposal to the Governor's PROPOSAL. Also, the CSSO's have had three teleconference meetings of the Student Services Council during the last week, and I am the CAPED/DSPS representative to that group. What we agreed to today and what the CSSO's will carry forward to CEO's, the League, and anyone else they can talk to are some common points agreed to by the various students services programs. In short those points are: If there are cuts they should be proportional to what the rest of the system is receiving; that there be NO flexibility in the use of categorical funds for other purposes; that there be no "relief of mandates" for programs; and that if student fees are increased that the increase be moderate and proportional, and that those funds be given to the colleges to use as needed instead of being put into the state general fund.

A few other comments based on what I have heard from various people either in meetings or on lists:

Explain to your administrators that in every other higher ed system in the country there are DSPS-like offices doing the same things you do in yours, and they do not have separate funding but instead pay for it out of their general fund. Colleges still have to provide accommodations and OCR and the courts don't accept "we have used up our DSPS budget" as an excuse for not providing services. 

Many colleges/universities do have LD assessment or other services that are not direct accommodations, although they may do it in a slightly different fashion such as having their counseling center do cognitive testing that is then interpreted by an LD specialist within the DSS office. Also, LD specialists are necessary to interpret outside documentation and to certify students as "LD", and having assessment as part of the services provided by the LD specialist is a natural addition to those other duties.

College districts are the entities providing the education offered by the colleges, not the state, so it will be districts that feel the brunt of lawsuits or OCR investigations. Anyone who has gone through a lawsuit can tell you that it is cheaper to provide services than it is to pay for lawyers and the added administrative, faculty and staff time involved with a lawsuit. Doing the right thing is cheaper in the long run than trying to do as little as possible in the short term.

If colleges don't offer courses like adpated PE or learning skills/strategies students with disabilities will still be enrolling in courses and needing accommodations in those courses. It seems prudent and saves money to offer a specialized course or section in many instances rather than paying for individual accommodations in multiple sections of non-special courses.

Unless the legislature changes the mission of the community colleges we don't get to "prioritize" which students colleges accept, and even if they did the DSPS offices don't get to prioritize what students they serve. We don't have an "order of selection" process such as the Department of Rehabilitation (whose services are not a "right"), because equal access is a civil right ultimately based on the 14th Amendment of the US Constitution and the purpose of DSPS is to provide equal access for students with disabilities.

That is all I can think of at the moment, but you know I will always have more opinions and comments in the future, probably as early as tomorrow.

Remember, it ain't over 'til it's over, and it ain't over yet. Don't accept and fall into the trap of focusing on how horrible things are going to be. Do something about it. Hey, you! Yeah, you, who hasn't called your legislator yet! Do it right now! All your friends have, and you don't want to be left out and shunned at CAPED next October (in beautiful San Diego) by all the cool people because you didn't call.

Later.

Scott Hamilton
CAPED President

P.S. Please forward to other lists.