BILL ANALYSIS Ó
AB 2338
Page A
ASSEMBLY THIRD READING
AB 2338 (Chesbro and Beall)
As Introduced February 24, 2012
Majority vote
HUMAN SERVICES 4-2 APPROPRIATIONS 12-4
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|Ayes:|Beall, Ammiano, Hall, |Ayes:|Fuentes, Blumenfield, |
| |Portantino | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jones, Wagner |Nays:|Donnelly, Nielsen, Norby, |
| | | |Wagner |
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SUMMARY : Establishes a state Employment First Policy.
Specifically, this bill :
1)Declares that it is the policy of the state that integrated
competitive employment is the priority outcome for working age
individuals with developmental disabilities and refers to this
policy as the Employment First Policy.
2)States the following with respect to the Employment First
Policy:
a) The policy is in furtherance of the intent of the
Lanterman Developmental Disabilities Services Act
(Lanterman Act) that services and supports be available to
enable people with developmental disabilities to
approximate the pattern of everyday living available to
people without disabilities of the same age and that
support their integration into the mainstream life of the
community, and that such services and supports result in
more independent, productive, and normal lives for the
persons served;
b) Implementation of the policy shall be consistent with
and shall not infringe upon rights under the Lanterman Act,
including the right of people with developmental
disabilities to make informed choices with respect to
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services and supports through the individual program
planning (IPP) process; and,
c) Integrated competitive employment is intended to be the
first option considered for working age individuals;
however, individuals may choose goals other than integrated
competitive employment.
3)Declares that nothing in the provisions related to the
Employment First Policy shall be construed to expand the
existing entitlement to services for people with developmental
disabilities under the Lanterman Act.
4)Provides that, when developing an IPP for a transition age
youth or working age adult, the planning team shall consider
the Employment First Policy.
5)Requires regional centers to ensure that, beginning at age 16,
consumers and, where appropriate, their parents, legal
guardians, or conservators, be provided with information, in a
language they understand, about:
a) The Employment First Policy;
b) Options for integrated competitive employment; and,
c) Services and supports, including post-secondary
education, available to enable the consumer to transition
from school to work and to achieve the outcomes of
obtaining and maintaining integrated competitive
employment.
6)Authorizes the Department of Developmental Services (DDS) to
request information from regional centers on current and
planned activities related to the Employment First Policy.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs associated with this legislation should be
minor and absorbable within existing resources.
COMMENTS : Reducing unemployment and creating jobs to enable
people to earn a living wage is a state and a national priority.
This bill, according to the authors, would establish these
goals as state priorities for people with developmental
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disabilities as well.
California and national employment rates for people with
disabilities, generally, and for people with intellectual and
developmental disabilities, particularly, are far worse than for
the general public. The most recent report on state-by-state
employment data from the Institute for Community Inclusion notes
that "there remains a significant gap in employment rates
between people with and without disabilities." Nationally, the
report indicates that, in 2009, 68.2% of working-age people
(ages 16-64) were employed, compared to 34.9% of people with any
disability and 23.9% of people with a cognitive disability.
Comparable figures for California were: 66% of all people
employed, compared to 33% of people with any disability and
21.3% of people with a cognitive disability. Nationally,
moreover, the percentage of people served by state
intellectual/developmental disabilities agencies (DDS in
California), who are in integrated employment has gone down,
from a high of 25% in 2001 to only 20% in 2009. In California,
the percentage decreased from 24% in 2001 to only 15% in 2009.
Employment First : In response to this state of affairs, a
growing number of states are adopting "Employment First"
policies-either through statute or administrative policies and
practices. There are currently over 25 states that are focused
at some level on the concept of Employment First-in some cases
with a focus specifically on people with intellectual and/or
developmental disabilities, and in others a cross-disability
focus. Approximately 10 states have clear public policies in
place.
Employment First recognizes that providing services and supports
to enable people with disabilities to earn a living wage is a
legitimate state priority. Employment First embodies the notion
that employment should be the first option offered to
working-age adults with disabilities, including developmental
disabilities.
AB 287 : AB 287 (Beall), Chapter 231, Statutes of 2009, put in
place a process for examining issues concerning employment of
people with developmental disabilities, centered on the concept
of employment first. AB 287 required that the State Council on
Developmental Disabilities (SCDD) establish a standing
Employment First Committee. The Employment First Committee's
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responsibilities include identifying strategies and best
practices, and making recommendations for legislative,
regulatory, and policy changes, the intended outcome of which is
"a significant increase in the number of people with
developmental disabilities who engage in integrated employment,
self-employment, and microenterprises, and the number of
individuals who earn wages at or above minimum wage."
The Employment First Committee is required by AB 287 to provide
an annual report to the appropriate policy committees of the
Legislature and the Governor describing its work and
recommendations. The 2011 Employment First Report (Report)<1>
notes that "Employment First is about focusing on real jobs,
real wages, and real business settings for individuals with
developmental disabilities to have the ability to increase their
income and benefits, accrue assets and build wealth" (p. 4).
The Report delineates goals and objectives for improving
integrated employment outcomes. Recommendations address such
issues as interagency collaboration and coordination; transition
planning for students in secondary education; obtaining and
maintaining employment; and the impact of employment on public
benefits. As directed by AB 287, among its recommendations, the
Report proposes an Employment First Policy (Report, pp. 4,
45-46). That proposed policy is the subject of this bill.
For people with developmental disabilities, the authors say, "a
job provides a structure to the day, a paycheck that can be used
for purchasing goods and services, an identity as a contributing
member of the community, and an increase in personal
self-esteem." The Legislature's adoption of the policy proposed
by the Employment First Committee will demonstrate the state's
commitment to increasing the number of Californians with
developmental disabilities who are productive, pay taxes, and
are more self-sufficient and involved in their communities. The
authors further state that the Employment First Policy
"establishes a high priority on providing supported employment
and other integrated employment opportunities for people with
---------------------------
<1> Employment First: A vision of Californians with
developmental disabilities working in competitive integrated
employment. (2011), State Council on Developmental Disabilities;
available at
http://www.scdd.ca.gov/HQ-%20Employment%20First%20Report%208-9-11
.pdf
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developmental disabilities." Competitive integrated employment
is also cost-effective. Supported employment services are less
costly on average than alternative day and work programs.
Moreover, people in integrated competitive employment pay taxes
and are less reliant on public services.
The authors intend that the Employment First Policy will
establish a goal to guide future efforts, and will provide the
impetus and set the groundwork for activities and initiatives to
expand opportunities for people with developmental disabilities
to engage in integrated gainful employment and postsecondary
education.
In support of this bill, SCDD says that focusing the state on
integrated competitive employment for people with developmental
disabilities "is critical to enhancing the productivity,
independence and inclusion of these individuals into society."
It will reduce their dependence on segregated services and
thereby reduce costs to the state. SCDD notes that this bill
"recognizes and retains an individual's right to make informed
choices about their future and that there are a variety of paths
to employment including post-secondary education and other
vocational training options." However, "the outcome is real
work side-by-side Ýwith] others with and without disabilities."
SCDD concludes that this bill "is good for the economy, good for
business and good for individuals with disabilities as they
become productive members of society and give back as
contributing/taxpaying members of the community."
Prior bills :
AB 254 (Beall) of 2011 was substantially similar to this bill
but raised cost issues and was held in the Assembly
Appropriations Committee. As noted in the Assembly
Appropriations Committee analysis of this bill, this bill
addresses the cost issues with AB 254.
AB 287 (Beall), Chapter 231, Statutes of 2009, established the
Employment First Committee as a standing committee of SCDD to
identify strategies and best practices for significantly
increasing the numbers of people with developmental disabilities
in competitive integrated employment and the number who earn
wages at or above minimum wage.
AB 2424 (Beall) of 2008 would have established an employment
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first policy. Unlike this bill, AB 2424 also made significant
changes to the IPP process and imposed responsibilities on
regional centers and DDS related to the development of
materials, the provision of information, and the conduct of IPP
meetings. AB 2424 also addressed non-employment-related
integrated activities. AB 2424 was held in the Senate
Appropriations Committee.
SB 1270 (Chesbro), Chapter 397, Statutes of 2006, established a
process to receive public input on ways to expand opportunities
for people with developmental disabilities in the areas of
employment and community participation. A resulting May 2007
Report to the Legislature and the Governor, prepared by SCDD,
included recommendations for improvements to the transition
services planning process for students and recommended policies
and initiatives to expand employment opportunities for people
with developmental disabilities ("SB 1270 Report on expanding
opportunities and choice in California's day program services
for individuals with developmental disabilities," (May 2007),
SCDD).
Please see policy committee analysis for more comprehensive
comments and additional details on the provisions of this bill.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
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