BILL ANALYSIS �
AB 1041
Page 1
ASSEMBLY THIRD READING
AB 1041 (Chesbro)
As Introduced February 22, 2013
Majority vote
HUMAN SERVICES 7-0 APPROPRIATIONS 13-4
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|Ayes:|Stone, Maienschein, |Ayes:|Gatto, Bocanegra, |
| |Ammiano, | |Bradford, |
| |Ian Calderon, Garcia, | |Ian Calderon, Campos, |
| |Grove, Hall | |Eggman, Gomez, Hall, |
| | | |Ammiano, Linder, Pan, |
| | | |Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Wagner |
| | | | |
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SUMMARY : Creates a statewide Employment First Policy and sets
forth requirements related to the inclusion of employment
opportunities and services in a regional center consumer's
individual program plan (IPP). Specifically, this bill :
1)Requires a regional center planning team to consider the
Employment First Policy, as specified, when developing an IPP
for a transition age youth or a working age adult.
2)Defines "competitive employment" as 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, as specified.
3)Defines "microenterprises" as small businesses, which may be
considered integrated competitive employment, that are owned
by individuals with developmental disabilities who have
control and responsibility for decision-making and overseeing
the business, as specified.
4)Defines "self-employment" as 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.
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5)Creates a statewide Employment First Policy, which establishes
that opportunities for integrated, competitive employment
shall be given the highest priority for working age
individuals with development disabilities, regardless of the
severity of their disabilities.
6)Requires implementation of the Employment First Policy to not
infringe upon the rights of people with developmental
disabilities to make informed choices with respect to the
services and supports they need through the IPP process.
7)Provides that integrated competitive employment shall be the
first option considered by planning teams for working
individuals, but individuals may choose goals other than
integrated competitive employment.
8)Requires that the Employment First Policy not be construed to
expand the existing entitlement to services for persons with
developmental disabilities or alleviate schools of their
responsibility to provide transition services to individuals
with developmental disabilities.
9)Requires regional centers to ensure that consumers, beginning
at 16 years of age, as well as their parents, legal guardians,
or conservators, as appropriate, are provided information in a
language the consumer or appropriate representative
understands, pertaining to the following:
a) The Employment First Policy;
b) Options for integrated competitive employment; and
c) 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.
10)Grants the Department of Developmental Services authority to
request information from regional centers pertaining to a
regional center's current and planned activities related to
the Employment First Policy.
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EXISTING LAW :
1)Establishes an entitlement to services for individuals with
developmental disabilities under the Lanterman Developmental
Disabilities Services Act (Lanterman Act).
2)Authorizes the Department of Developmental Services (DDS) to
contract with private non-profit regional centers to provide
case management services and arrange for, or purchase,
services that meet the needs of individuals with developmental
disabilities, as defined.
3)Grants all individuals with developmental disabilities, among
all other rights and responsibilities established for any
individual by the United States Constitution and laws and the
California Constitution and laws, the right to treatment and
habilitation services and supports in the least restrictive
environment.
4)Requires the development of an Individual Program Plan (IPP)
for each regional center consumer, which specifies services to
be provided to the consumer, based on his or her
individualized needs determination and preferences, and
defines that planning process as the vehicle to ensure that
services and supports are customized to meet the needs of
consumers who are served by regional centers.
5)Requires the State Council on Developmental Disabilities to
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs associated with this bill should be minor and
absorbable within existing DDS resources.
COMMENTS : The Lanterman Act guides the provision of services
and supports for Californians with developmental disabilities,
including intellectual disabilities, cerebral palsy, epilepsy,
and autism. Each individual under the Act, typically referred
to as a "consumer," is legally entitled to treatment and
habilitation services and supports in the least restrictive
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environment. Lanterman Act services are designed to enable all
consumers to live more independent and productive lives in the
community. The Department of Developmental Services (DDS)
contracts with 21 regional centers, which are private nonprofit
entities, to carry out many of the state's responsibilities
under the Act.
The regional center caseload includes over 250,000 consumers who
receive services such as residential placements, supported
living services, respite care, transportation, day treatment
programs, work support programs, and various social and
therapeutic activities. Approximately 1,600 consumers reside at
one of California's four Developmental Centers-and one
state-operated, specialized community facility-which provide
24-hour habilitation and medical and social treatment services.
According to the State Council on Developmental Disabilities,
over 125,000 regional center consumers are of working age.
Employment opportunities for individuals with developmental
disabilities : Regional center consumers in California work in a
variety of settings. Some consumers participate in Work Activity
Programs, which provide work adjustment and supported
habilitation services in a sheltered workshop setting in which
consumers are paid at a daily per capita rate based on
productivity. Consumers may also participate in Supported
Employment Programs, in which they might work in the community
with support services and on-the-job training provided by job
coaches, and are paid directly by the employer.
According to data from DDS and the California Employment
Development Department (EDD), only 14% of working age
Californians with developmental disabilities are employed,
compared to 74.3% of the general population. Additionally, EDD
data related to Californians in the workforce with all
disability types show that disabled persons are nearly twice as
likely to be working part time for non-economic reasons as
persons without disabilities. Individuals with developmental
disabilities continue to experience higher unemployment and
underemployment rates than people in the workforce without
disabilities, and the number of opportunities they have for
gainful employment in integrated settings continues to be
woefully low.
Employment First : The primary goal of Employment First is to
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ensure people with significant disabilities are fully included
in their communities and in the workplace. Rather than limiting
opportunities for individuals with disabilities to programs that
don't include employment, or even work placements that limit
tasks and wages, Employment First policies drive meaningful
participation of people with disabilities in typical, integrated
workplace settings where they are paid directly by an employer
and earn at least minimum wage. Employment First recognizes
that providing services and supports that enable people with
disabilities to earn a living wage is a legitimate state
priority and makes integrated employment the first option for
employment for working-age youth and adults with disabilities.
In August 2011, the State Council on Developmental Disabilities
released an Employment First Report outlining goals and
objectives to improve integrated employment outcomes. This bill
adopts the language in that report which proposes to define the
state's Employment First Policy as "integrated, competitive
employment is the priority outcome for working age individuals
with developmental disabilities." It defines certain key terms
and requires regional center planning teams to consider
employment first as they create IPPs with consumers of working
age. The report also includes the objectives of interagency
collaboration, transition planning for students in secondary
education, obtaining and maintaining employment, and the impact
of employment on public benefits. The report 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." Recommendations in
the report are the subject of this bill and prior identical
legislation.
Need for the bill :
According to the author:
"For the last 40 years it has been the policy of
the State of California, through the Lanterman
Developmental Services Act, that people with
developmental disabilities be supported 'to
approximate the pattern of everyday living
available to people without disabilities of the
same age,? to be integrated into the mainstream of
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life in their home communities' and receive
services and supports that enable them to live
'more independent, productive, and normal lives.'
(WIC Section 4501) However, the state has failed
to adequately support people with developmental
disabilities to achieve one of the central
elements of leading a normal, productive life -
employment? This legislation seeks to re-orient
the provision of developmental services by making
employment opportunities the priority of the
state."
The State Council on Developmental Disabilities states:
"?based on EDD data, only about 14% of working age people with
developmental disabiliti8es are employed. Unfortunately, this
includes many people working very few hours a week, making
sub-minimum wage, and working in segregated facilities. These
appalling employment statistics represent wasted talents,
deferred dreams, and hundreds of millions in unnecessary costs
to the state supporting people in non-work day services?The
policy embodied in AB 1041 represents a shift in emphasis, and a
change of direction for regional center services."
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089
FN: 0000930