Amended in Senate June 27, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1041

Introduced by Assembly Member Chesbro

(Principal coauthor: Assembly Member Garcia)

(Principal coauthor: Senator Beall)

(Coauthor: Assembly Member Ammiano)

February 22, 2013

An act to amend Sections 4646.5 and 4868 of, and to add Section 4869 to, the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1041, as amended, Chesbro. Developmental services: Employment First Policy.

The Lanterman Developmental Disabilities Services Act authorizes the State Department of Developmental Services to contract with regional centers to provide support and services to individuals with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP), developed in accordance with prescribed requirements.

Existing law requires the State Council on Developmental Disabilities to, among other responsibilities, form a standing Employment First Committee to identify strategies and recommend legislative, regulatory, and policy changes to increase integrated employment, as defined, self-employment, and microenterprises for persons with developmental disabilities, as specified.

This bill would define competitive employment, microenterprises, and self-employment for these purposes. This bill would require each regional center planning team, when developing an individual program plan for a transition age youth or working age adult, to consider a specified Employment First Policy. The bill would also require regional centers to begin delete ensure that consumers, beginning at 16 years of age, end delete begin insert provide consumers 16 years of age or older, end insert and, where appropriate, other specified persons, begin delete are provided end delete with information about the Employment First Policy, about options for integrated competitive employment, and about services and supports, including postsecondary education, available to enable the consumer to transition from school to work, and to achieve the outcomes of obtaining and maintaining integrated competitive employment. The bill would authorize the department to request information from regional centers on current and planned activities related to the Employment First Policy.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The Legislature finds and declares that under
existing state and federal law, special education local planning
agencies (SELPAs) have concurrent responsibilities to eligible
students beginning at 16 years of age for the provision of
assessment, planning, and necessary services to aid in the
transition from school to postschool activities. end insert

begin insert

(b) This act shall not be construed to expand the responsibilities
and duties of SELPAs under state and federal law.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 4646.5 of the Welfare and Institutions Code
is amended to read:

4646.5.  

(a) The planning process for the individual program
plan described in Section 4646 shall include all of the following:

(1) Gathering information and conducting assessments to
determine the life goals, capabilities and strengths, preferences,
barriers, and concerns or problems of the person with
developmental disabilities. For children with developmental
disabilities, this process should include a review of the strengths,
preferences, and needs of the child and the family unit as a whole.
Assessments shall be conducted by qualified individuals and
performed in natural environments whenever possible. Information
shall be taken from the consumer, his or her parents and other
family members, his or her friends, advocates, authorized
representative, if applicable, providers of services and supports,
and other agencies. The assessment process shall reflect awareness
of, and sensitivity to, the lifestyle and cultural background of the
consumer and the family.

(2) A statement of goals, based on the needs, preferences, and
life choices of the individual with developmental disabilities, and
a statement of specific, time-limited objectives for implementing
the person’s goals and addressing his or her needs. These objectives
shall be stated in terms that allow measurement of progress or
monitoring of service delivery. These goals and objectives should
maximize opportunities for the consumer to develop relationships,
be part of community life in the areas of community participation,
housing, work, school, and leisure, increase control over his or her
life, acquire increasingly positive roles in community life, and
develop competencies to help accomplish these goals.

(3) When developing individual program plans for children,
regional centers shall be guided by the principles, process, and
services and support parameters set forth in Section 4685.

(4) When developing an individual program plan for a transition
age youth or working age adult, the planning team shall consider
the Employment First Policy described in Chapter 14 (commencing
with Section 4868).

(5) A schedule of the type and amount of services and supports
to be purchased by the regional center or obtained from generic
agencies or other resources in order to achieve the individual
program plan goals and objectives, and identification of the
provider or providers of service responsible for attaining each
objective, including, but not limited to, vendors, contracted
providers, generic service agencies, and natural supports. The
individual program plan shall specify the approximate scheduled
start date for services and supports and shall contain timelines for
actions necessary to begin services and supports, including generic
services.

(6) When agreed to by the consumer, the parents, legally
appointed guardian, or authorized representative of a minor
consumer, or the legally appointed conservator of an adult
consumer or the authorized representative, including those
appointed pursuant to subdivision (d) of Section 4548, subdivision
(b) of Section 4701.6, and subdivision (e) of Section 4705, a review
of the general health status of the adult or child, including medical,
dental, and mental health needs, shall be conducted. This review
shall include a discussion of current medications, any observed
side effects, and the date of the last review of the medication.
Service providers shall cooperate with the planning team to provide
any information necessary to complete the health status review. If
any concerns are noted during the review, referrals shall be made
to regional center clinicians or to the consumer’s physician, as
appropriate. Documentation of health status and referrals shall be
made in the consumer’s record by the service coordinator.

(7) (A) The development of a transportation access plan for a
consumer when all of the following conditions are met:

(i) The regional center is purchasing private, specialized
transportation services or services from a residential, day, or other
provider, excluding vouchered service providers, to transport the
consumer to and from day or work services.

(ii) The planning team has determined that a consumer’s
community integration and participation could be safe and
enhanced through the use of public transportation services.

(iii) The planning team has determined that generic
transportation services are available and accessible.

(B) To maximize independence and community integration and
participation, the transportation access plan shall identify the
services and supports necessary to assist the consumer in accessing
public transportation and shall comply with Section 4648.35. These
services and supports may include, but are not limited to, mobility
training services and the use of transportation aides. Regional
centers are encouraged to coordinate with local public
transportation agencies.

(8) A schedule of regular periodic review and reevaluation to
ascertain that planned services have been provided, that objectives
have been fulfilled within the times specified, and that consumers
and families are satisfied with the individual program plan and its
implementation.

(b) For all active cases, individual program plans shall be
reviewed and modified by the planning team, through the process
described in Section 4646, as necessary, in response to the person’s
achievement or changing needs, and no less often than once every
three years. If the consumer or, where appropriate, the consumer’s
parents, legal guardian, authorized representative, or conservator
requests an individual program plan review, the individual program
shall be reviewed within 30 days after the request is submitted.

(c) (1) The department, with the participation of representatives
of a statewide consumer organization, the Association of Regional
Center Agencies, an organized labor organization representing
service coordination staff, and the Organization of Area Boards
shall prepare training material and a standard format and
instructions for the preparation of individual program plans, which
embody an approach centered on the person and family.

(2) Each regional center shall use the training materials and
format prepared by the department pursuant to paragraph (1).

(3) The department shall biennially review a random sample of
individual program plans at each regional center to ensure that
these plans are being developed and modified in compliance with
Section 4646 and this section.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 4868 of the Welfare and Institutions Code is
amended to read:

4868.  

(a) The State Council on Developmental Disabilities
shall form a standing Employment First Committee consisting of
the following members:

(1) One designee of each of the members of the state council
specified in subparagraphs (B), (C), (D), (F), and (H) of paragraph
(2) of subdivision (b) of Section 4521.

(2) A member of the consumer advisory committee of the state
council.

(b) In carrying out the requirements of this section, the
committee shall meet and consult, as appropriate, with other state
and local agencies and organizations, including, but not limited
to, the Employment Development Department, the Association of
Regional Center Agencies, one or more supported employment
provider organizations, an organized labor organization
representing service coordination staff, and one or more consumer
family member organizations.

(c) The responsibilities of the committee shall include, but need
not be limited to, all of the following:

(1) Identifying the respective roles and responsibilities of state
and local agencies in enhancing integrated and gainful employment
opportunities for people with developmental disabilities.

(2) Identifying strategies, best practices, and incentives for
increasing integrated employment and gainful employment
opportunities for people with developmental disabilities, including,
but not limited to, ways to improve the transition planning process
for students 14 years of age or older, and to develop partnerships
with, and increase participation by, public and private employers
and job developers.

(3) Identifying existing sources of employment data and
recommending goals for, and approaches to measuring progress
in, increasing integrated employment and gainful employment of
people with developmental disabilities.

(4) Recommending legislative, regulatory, and policy changes
for increasing the number of individuals with developmental
disabilities in integrated employment, self-employment, and
microenterprises, and who earn wages at or above minimum wage,
including, but not limited to, recommendations for improving
transition planning and services for students with developmental
disabilities who are 14 years of age or older. This shall include,
but shall not be limited to, the development of a policy with the
intended outcome of significantly increasing the number of
individuals with developmental disabilities who engage in
integrated employment, self-employment, and microenterprises,
and in the number of individuals who earn wages at or above
minimum wage. This proposed policy shall be in furtherance of
the intent of this division that services and supports be available
to enable persons 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 those services and
supports result in more independent, productive, and normal lives
for the persons served. The proposed policy shall not limit service
and support options otherwise available to consumers, or the rights
of consumers, or, where appropriate, parents, legal guardians, or
conservators to make choices in their own lives.

(d) For purposes of this chapter, the following definitions shall
apply:

(1) “Competitive employment” means work in the competitive
labor market that is performed on a full-time or part-time basis in
an integrated setting and for which an individual is compensated
at or above the minimum wage, but not less than the customary
wage and level of benefits paid by the employer for the same or
similar work performed by individuals who are not disabled.

(2) “Integrated employment” means “integrated work” as
defined in subdivision (o) of Section 4851.

(3) “Microenterprises” means small businesses owned by
individuals with developmental disabilities who have control and
responsibility for decisionmaking and overseeing the business,
with accompanying business licenses, taxpayer identification
numbers other than social security numbers, and separate business
bank accounts. Microenterprises may be considered integrated
competitive employment.

(4) “Self-employment” means an employment setting in which
an individual works in a chosen occupation, for profit or fee, in
his or her own small business, with control and responsibility for
decisions affecting the conduct of the business.

(e) The committee, by July 1, 2011, and annually thereafter,
shall provide a report to the appropriate policy committees of the
Legislature and to the Governor describing its work and
recommendations. The report due by July 1, 2011, shall include
the proposed policy described in paragraph (4) of subdivision (c).

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 4869 is added to the Welfare and Institutions
Code, to read:

4869.  

(a) (1) In furtherance of the begin delete intent end delete begin insert purposes end insert of this
division to make services and supports available to enable persons
with developmental disabilities to approximate the pattern of
everyday living available to people without disabilities of the same
age, to support the integration of persons with developmental
disabilities into the mainstream life of the community, and to bring
about more independent, productive, and normal lives for the
persons served, it is the policy of the state that opportunities for
integrated, competitive employment shall be given the highest
priority for working age individuals with begin delete development end delete
begin insert developmental end insert disabilities, regardless of the severity of their
disabilities. This policy shall be known as the Employment First
Policy.

(2) Implementation of the policy shall be consistent with, and
shall not infringe upon, the rights established pursuant to this
division, including the right of people with developmental
disabilities to make informed choices with respect to services and
supports through the individual program planning process.

(3) Integrated competitive employment is intended to be the
first option considered by planning teams for working age
individuals, but individuals may choose goals other than integrated
competitive employment.

begin insert

(4) Postsecondary education, technical or vocational training,
and internship programs may be considered as a means to achieve
integrated competitive employment or career advancement.

end insert begin delete

(4)

end delete

begin insert (5) end insert  This chapter shall not be construed to expand the existing
entitlement to services for persons with developmental disabilities
described in this division.

begin delete

(5)

end delete

begin insert (6) end insert  This chapter shall not alleviate schools of their responsibility
to provide transition services to individuals with developmental
disabilities.

(b) Regional centers shall begin delete ensure that consumers, beginning at
16 years of age, end delete begin insert provide consumers 16 years of age or older, end insert and,
where appropriate, their parents, legal guardians, begin delete or end delete conservators,
begin delete are provided end delete begin insert or authorized representative end insert with information, in begin delete a
language that end delete begin insert an understandable form for end insert the consumer and, as
appropriate, the consumer’s begin delete representative understand, end delete
begin insert representative, end insert about the Employment First Policy, about options
for integrated competitive employment, and about services and
supports, including postsecondary education, available to enable
the consumer to transition from school to work, and to achieve the
outcomes of obtaining and maintaining integrated competitive
employment.

(c) The department may request information from regional
centers on current and planned activities related to the Employment
First Policy.