1. (a) “Distance education” means education that uses one or more of the technologies listed below to deliver instruction to students who are separated from the instructor(s) and to support regular and substantive interaction between the students and instructor(s) either synchronously or asynchronously. Technologies that may be used to offer distance education include:

   1. (1) The internet;
   2. (2) One-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;
   3. (3) Audio conference; or
   4. (4) Other media used in a course in conjunction with any of the technologies listed in paragraphs (1) through (3) of this subdivision.
2. (b) The definition of “distance education” does not include correspondence courses.
3. (c) “Accessible” means a person with a disability is afforded the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability in an equally effective and equally integrated manner, with substantially equivalent ease of use. The person with a disability must be able to obtain the information as fully, equally and independently as a person without a disability. Although this might not result in identical ease of use compared to that of persons without disabilities, it still must ensure equal opportunity to the educational benefits and opportunities afforded by the technology and equal treatment in the use of such technology.

Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 70902, Education Code; Title II of the Americans with Disabilities Act (42 U.S.C. § 12100 et seq.); section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 749d; title 29 United States Code section 794d; and title 34 Code of Federal Regulations section 600.2.

History

1. New article 2.5 and section filed 10-5-93; operative 11-4-93. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 93, No. 42).

2. Editorial correction of Article heading (Register 95, No. 20).

3. Repealer of article 2.2 and section, relocation and amendment of subchapter 3 from preceding section 55250 to precede section 55200 and new article 1 (sections 55200-55210) and section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).

4. Amendment of section and Note filed 2-15-2019; operative 3-17-2019. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2019, No. 8).

5. Amendment of section and Note filed 10-5-2022; operative 11-4-2022. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2022, No. 42).