Report of Committee on Educational Policy

To: The Representative Assembly of the Davis Division of the Academic Senate

In Spring of 1995, campus Administration asked CEP to develop an amendment to Regulation 538(H), which governs accommodations for students with disabilities. The concern was that the existing regulation is inconsistent with current law. After consultation with Associate Vice Chancellors Dennis Shimek (campus Compliance Officer) and Robert Franks, and representatives of the Disability Resource Center, CEP asked Robert Franks, to develop a draft amendment that would relieve the concerns. After several further discussions, on May 24 of this year CEP developed a modified amendment that is based on the Franks draft but that adds safeguards concerning the quality of education. CEP's proposal is shown below , along with the existing regulation. A copy was also reviewed by Vice Chancellor Carol Wall, whose suggestions were incorporated into CEP's final draft. The Executive Council and the Committee on Elections, Rules and Jurisdiction have endorsed the following version of the proposed amendment:

Davis Division Regulation 538 (H)

Present Wording Proposed Amended Wording

Students with learning disabilities may be afforded additional time for examination or alternate examination formats. The instructor shall determine, in consultation with the student and the campus Learning Disability Specialist, whether an adjustment is necessary and shall specify the terms of the adjustment. The student must request the adjustment in writing by the tenth day of the quarter and must provide proof of the existence of a learning disability. In accordance with current law, students with documented disabilities may be entitled to in-class accommodations. The student shall provide a letter from the campus Disability Resource Center (DRC) with a recommendation for those academic accommodations that the instructor is responsible for providing. It is the student's responsibility to request accommodations as soon as possible; this notification must be made within a period of time which allows the university a reasonable opportunity to evaluate the request and offer necessary adjustments. No accommodations shall alter the nature of the academic demands made of the student nor decrease the standards and types of academic performance. No accommodation shall require facilities or personnel that cannot reasonably be provided. The instructor should consult with the student and the DRC if there are any questions or concerns. If the instructor and the DRC cannot arrive at a mutually agreeable accommodation, the matter shall be resolved by a committee convened by the Vice-Chancellor--Student Affairs that includes the instructor, the department chair, and members of the Vice Chancellor's Administrative Advisory Committee--Disability Issues. At least half of the appeal committee shall consist of Senate or Academic Federation members.

Present Wording	Proposed Amended Wording
Students with learning disabilities may be afforded additional time for examination or alternate examination formats. The instructor shall determine, in consultation with the student and the campus Learning Disability Specialist, whether an adjustment is necessary and shall specify the terms of the adjustment. The student must request the adjustment in writing by the tenth day of the quarter and must provide proof of the existence of a learning disability.	In accordance with current law, students with documented disabilities may be entitled to in-class accommodations. The student shall provide a letter from the campus Disability Resource Center (DRC) with a recommendation for those academic accommodations that the instructor is responsible for providing. It is the student's responsibility to request accommodations as soon as possible; this notification must be made within a period of time which allows the university a reasonable opportunity to evaluate the request and offer necessary adjustments. No accommodations shall alter the nature of the academic demands made of the student nor decrease the standards and types of academic performance. No accommodation shall require facilities or personnel that cannot reasonably be provided. The instructor should consult with the student and the DRC if there are any questions or concerns. If the instructor and the DRC cannot arrive at a mutually agreeable accommodation, the matter shall be resolved by a committee convened by the Vice-Chancellor--Student Affairs that includes the instructor, the department chair, and members of the Vice Chancellor's Administrative Advisory Committee--Disability Issues. At least half of the appeal committee shall consist of Senate or Academic Federation members.

Respectfully submitted,

Jack Ayer, Sue Bailey, James Beaumont, Patricia Berger, Shirley Chiang, Douglas Larson, Norman Matloff, Sandra Murphy, Ahmet Palazoglu, Robert Thornton, Chih-Ling Tsai, and James Cramer, Chair