BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: AB 1041
A
AUTHOR: Chesbro
B
VERSION: February 22, 2013
HEARING DATE: June 25, 2013
1
FISCAL: Yes
0
4
CONSULTANT: Mareva Brown
1
SUBJECT
Developmental services: Employment First Policy
SUMMARY
This bill establishes an Employment First Policy and
requires each regional center to consider the policy when
developing an individual program plan (IPP) for a
transition age youth or working age adult. The bill also
would require regional centers to ensure that consumers
aged 16 and older are provided with information about the
Employment First Policy, options for integrated competitive
employment, and services and supports, including
postsecondary education, that are available to enable the
consumer to transition from school to work, and to get and
keep an integrated competitive job.
ABSTRACT
Existing law:
1) Establishes the Lanterman Developmental
Disabilities Services Act, which states
that California is responsible for providing an array
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of services and supports sufficiently complete to meet
the needs and choices of each person with
developmental disabilities, regardless of age or
degree of disability, and at each stage of life and to
support their integration into the mainstream life of
the community. (WIC 4500, et seq.)
2) Establishes a system of nonprofit Regional Centers
to provide fixed points of contact in the community
for all persons with developmental disabilities and
their families, to coordinate services and supports
best suited to them throughout their lifetime. (WIC
4620)
3) Declares legislative intent that agencies serving
persons with developmental disabilities shall produce
evidence that their services have resulted in consumer
or family empowerment and in more independent,
productive, and normal lives for the persons served.
(WIC 4501)
4) Establishes the IPP process as the central planning
process for services and supports of an individual,
defines steps that the process must include, states
that the plan is developed through individualized
needs determination, requires that an individual and,
when appropriate, parents or legal guardian,
participate in the IPP process. (WIC 4646)
5) Requires that within the IPP planning process, a
regional center must create 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. (WIC 4646.5)
6) States that 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,
acquires increasingly positive roles in community
life, and develop competencies to help accomplish
these goals. (WIC 4646.5)
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7) Establishes within the State Council on
Developmental Disabilities (SCDD) a standing committee
entitled the Employment First Committee and specifies
its duties and composition. (WIC 4868)
8) Includes among those duties the requirement to
recommend legislative, regulatory, and policy changes
to increase the number of individuals with
developmental disabilities in integrated employment,
self-employment, and microenterprises, and who earn
wages at or above minimum wage. Requires that this
include development of an Employment First Policy.
(WIC 4868 (c)(4))
9) Requires that public schools provide an
individualized education plan (IEP) for children with
exceptional needs that identifies the student's
academic needs, sets goals and defines progress toward
achieving those goals, and, beginning at age 16, sets
appropriate measurable postsecondary goals. (EDC
56345)
10) Defines "integrated work" as the engagement of an
employee with a disability in work in a setting
typically found in the community wherein the employee
interacts with individuals without disabilities other
than those who are providing services to those
individuals, to the same extent that individuals
without disabilities in comparable positions interact
with other persons. (WIC 4851 (o))
This bill:
1) Requires that when developing an IPP for a
transition age youth or working adult, the planning
team consider the Employment First Policy defined by
the State Council on Developmental Disabilities, as
specified.
2) Defines the following terms:
a. "Competitive employment" means work in
the competitive labor market that is performed on
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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.
b. "Integrated employment" means "integrated
work" as defined in subdivision WIC 4851 (o),
which generally states that integrated work is
performed in a setting beside non-disabled
individuals and with the same degree of
interaction among colleagues as found in a
typical job.
c. "Microenterprises" means small businesses
owned by individuals with developmental
disabilities who have control and responsibility
for decision-making 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.
d. "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.
3) Establishes the Employment First Policy and
requires that opportunities for integrated,
competitive employment shall be given the highest
priority for working age individuals with
developmental disabilities, regardless of the severity
of their disabilities.
4) Deletes existing references in statute to an
Employment First Policy that are in conflict with the
language of this bill.
5) Requires that implementation of the Employment
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First policy does not infringe upon the rights of
individuals with developmental disabilities to make
informed choices about services and supports through
the IPP process.
6) Specifies that while integrated competitive
employment is intended to be the first option
considered in an IPP of a working age individual,
consumers may choose other goals.
7) Clarifies that this policy does not expand the
existing entitlement to services for persons with
developmental disabilities.
8) Clarifies that this policy does not alleviate
schools of their responsibility to provide transition
services to individuals with developmental
disabilities.
9) Requires that, beginning at age 16, regional
centers shall ensure that consumers, and, where
appropriate, their parents, legal guardians, or
conservators, are provided with information, in a
language that the consumer and, as appropriate, the
consumer's representative understand, 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.
10) Permits DDS to request information from regional
centers on current and planned activities related to
the Employment First Policy.
FISCAL IMPACT
An analysis prepared by the Assembly Appropriations
Committee concluded that there would be unknown,
potentially significant costs, to the extent the bill
creates pressure to broaden the entitlement contained in
the Lanterman Developmental Disabilities Services Act
(Lanterman Act) to include an entitlement that all
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working-age consumers receive a prevailing wage job. The
committee said that this could cause significant increases
in supportive and supplemental employment programs and job
training programs, particularly during periods of high
unemployment. These costs could be partially offset by
shifting consumers from other day programs to
employment-related programs and if more consumers become
employed in non-subsidized jobs.
BACKGROUND AND DISCUSSION
Purpose of the bill
The author states that AB 1041 would prioritize
opportunities for integrated competitive employment for
working age individuals with developmental disabilities,
regardless of the severity of their disabilities. 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 life in their home
communities" and to receive services and supports that
enable them to live "more independent, productive, and
normal lives." However, the author states that California
has failed to adequately support people with developmental
disabilities to achieve one of the central elements of
leading a normal, productive life: employment.
In 2010, just 13 percent of the nearly 136,000 working-age
consumers were employed and receiving wages, according to a
DDS annual report on employment and day programs, which
used data from the California Employment Development
Department. At the same time, nearly 75 percent of the
general population was working and receiving wages. The
author writes that "these appalling employment statistics
represent wasted talents, deferred dreams, and hundreds of
millions in unnecessary costs to the state to support
people in non-work related day activities."
Developmental Disabilities
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A developmental disability is defined as a severe and
chronic mental or physical impairment that begins before an
individual reaches adulthood. These disabilities include
intellectual disability, cerebral palsy, epilepsy, autism,
and disabling conditions closely related to intellectual
disability or requiring similar treatment.
Regional centers
California's 21 nonprofit regional centers are part of a
system of care for individuals with developmental
disabilities overseen by DDS. Each regional center provides
local services and supports to individuals through
contracts with DDS, including diagnosis and assessment of
eligibility as well as planning, providing access to and
coordinating the services and supports that are needed.
Services for consumers are determined through an individual
program plan (IPP).
With a proposed budget of $4.3 billion for community-based
services in 2013-2014, DDS is responsible for coordinating
care and providing services for nearly 260,000 people who
receive services and supports to live in their communities,
as well as approximately 1,535 people who resided in
developmental centers. One tenet of the system is to
provide services in the least restrictive setting.
Employment
Employment of individuals with developmental disabilities
is a state and national priority. Historically in
California, DDS consumers have worked in a range of
settings. Those requiring supported employment settings may
participate in the Work Activity Program, where services
are provided in a sheltered work environment and reimbursed
at a daily per capita rate. Consumers also may participate
in supported employment work in the community with support
services provided by on the job by community rehabilitation
programs
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However, people with developmental disabilities remain
significantly under-represented in the workforce. According
to the State Council on Developmental Disabilities, data
indicates that just 13 percent of working age individuals
with developmental and intellectual disabilities were in
competitive or supported employment in 2010. This equates
to an unemployment rate of 87 percent for people with
developmental and intellectual disabilities in California,
making the state 41st in the nation for the employment of
this portion of our population. (Policy 2010-02, SCDD)
In recent years, efforts have been made to move more
consumers into competitive or supported employment. AB 287
(Beall) Chapter 31, Statutes of 2009, required that the
state establish an "Employment First" committee in the
State Council on Developmental Disabilities to identify
strategies to increase the number of people with
developmental disabilities who are employed and earning at
least minimum wage.
In August 2011, the council released an Employment First
report outlining goals and objectives to improve integrated
employment outcomes. Objectives include interagency
collaboration, transition planning for students in
secondary education, obtaining and maintaining employment
and assessing the impact of employment on public benefits.
The report notes on page 4 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."
A subsequent annual report released in 2012 identified
critical next steps, including passage of a bill
establishing an Employment First Policy for the state.
Should this bill pass, according to SCDD, California would
become the nineteenth state with such a policy.
Related legislation
AB 2338 (Chesbro, 2012) was virtually identical to this
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bill. That bill was held on the Senate Appropriations
Committee's suspense file.
AB 254 (Beall, 2011) was substantially similar to this bill
and required a regional center to be guided by the
Employment First policy in developing the IPP of a
transitional-age youth.
AB 287 (Beall), Chapter 231, Statutes of 2009, established
the Employment First Committee as a standing committee of
the State Council on Developmental Disabilities 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, 2008) would have established an
employment-first policy and 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. It was held by the Senate Appropriations
Committee.
COMMENTS
1. This bill mandates that IPP teams consider
employment as a priority for consumers, although it
does not preclude a consumer from choosing other
activities instead. Those activities could include
post-secondary education, day programs or other
services. The author states that the intent is not to
discourage post-secondary education for individuals
who want to pursue it, particularly as college
achievement is a path to integrated employment and
better wages. Staff recommends clarifying language to
ensure that a caseworker does not encourage a consumer
to pursue work instead of higher education, if the
consumer is interested in pursuing college. Staff
recommends the following amendment:
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4869. (a) (1) In furtherance of the intent 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 development 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.
(4) This chapter shall not be construed to expand the
existing entitlement to services for persons with
developmental disabilities described in this division.
(5) This chapter shall not alleviate schools of their
responsibility to provide transition services to
individuals with developmental disabilities.
(6) Post-secondary education, technical or vocational
training, and internship programs may be considered as a
means to achieve integrated competitive employment or
career advancement.
2. In addition to the above amendment, the author
proposes addition of the following intent language to
clarify that the responsibilities of schools remain as
they are. Staff concurs in the following amendment:
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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 post-school
activities. This chapter shall not be construed to expand
the existing responsibilities and duties of SELPAs in
current State and Federal law. Education Code Section
56345(a)(8)
3. Responding to concerns that requiring materials to
be provided to consumers and their authorized
representatives "in a language" that is understandable
could limit options for regional centers to provide
information in non-written forms, the author proposes
the following clarifying language. Staff concurs in
the following amendment:
4869(b)
Regional centers shall ensure that consumers, beginning
Beginning at 16 years of age, regional centers shall
provide consumers and, where appropriate, their parents,
legal guardians, or conservators, or authorized
representative are provided with information, in a language
an understandable form for that the consumer and, as
appropriate, the consumer's representative understand ,
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.
PRIOR VOTES
Assembly Floor 68 - 7
Assembly Appropriations 13 - 4
Assembly Human Services 7 - 0
POSITIONS
Support: State Council on Developmental Disabilities
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(sponsor)
Self-Advocacy Board of Los Angeles County
Oppose: None received
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