BILL NUMBER: SB 644	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2015
	AMENDED IN ASSEMBLY  AUGUST 28, 2015
	AMENDED IN ASSEMBLY  JUNE 30, 2015
	AMENDED IN SENATE  JUNE 1, 2015
	AMENDED IN SENATE  APRIL 7, 2015

INTRODUCED BY   Senator Hancock

                        FEBRUARY 27, 2015

   An act to amend, repeal, and add Sections 19240, 19241, 19242, and
19242.2 of, and to add and repeal Sections 19241.5, 19242.05, and
19242.3 of, the Government Code, relating to state employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 644, Hancock. Limited Examination and Appointment Program:
persons with developmental disabilities.
   Existing law requires the Department of Human Resources to
administer the Limited Examination and Appointment Program (LEAP) to
provide an alternative to the traditional civil service examination
and appointment process to facilitate the hiring of persons with
disabilities in the state civil services. Existing law requires the
department to conduct competitive examinations to determine
eligibility for appointment under LEAP and to refer the names of
eligible applicants who meet the minimum qualifications of a job
classification to the appointing powers for examination appointments,
as specified.
   This bill would permit a person with a developmental disability to
either complete a written examination or readiness evaluation or an
internship, as specified, to qualify for service under LEAP. The bill
would require that the use of an internship as a competitive
examination in this context consist of a successful completion of an
internship with a state agency of not less than 512 hours in duration
and a specified certification by the agency. The bill would require
the department to refer the names of eligible applicants who
successfully complete the internship to the appointing powers for
examination appointments. The bill would require the department to
create that internship program in coordination with the State
Department of Developmental Services and the Department of
Rehabilitation, as specified. The bill would require a state agency
that provides the internship or appoints a person with a
developmental disability to a position under LEAP to allow that
person to receive on-the-job support. The bill would authorize an
agency to finance the internship or position with personnel funds or
other available funds assigned to a vacant or unfilled position, as
specified, but would provide that on-the-job support services are not
the financial or programmatic responsibility of any state agency
engaged in establishing the LEAP internship process. The bill would
specify that LEAP is not a mandate on any state agency employer or
job applicant except to the extent specifically directed by the State
Personnel Board. The bill would repeal these provisions on January
1, 2021.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Persons with developmental disabilities have to struggle to
find gainful employment. Statewide unemployment among people with
developmental disabilities of working age is approximately 90
percent.
   (b) According to the Employment Development Department, the
average annual earnings of employed persons with developmental
disabilities is approximately five thousand five hundred dollars
($5,500).
   (c) Within the community of people with developmental
disabilities, people diagnosed with autism are the fastest growing
population, making up approximately 50 percent of the annual new
caseload of regional centers in some areas of the state.
   (d) Seven years after exiting the K-12 school system, one in three
adults with autism still does not have paid work experience or a
college or technical education.
   (e) Nationally recognized employment internship training models
like Project SEARCH have demonstrated that many people with
developmental disabilities can be successfully employed in jobs that
earn a living wage.
   (f) The key elements of successful programs like Project SEARCH
are:
   (1) The opportunity for people with developmental disabilities to
be exposed to real work through internships.
   (2) The opportunity for people with developmental disabilities to
receive on-the-job customized training and support during
internships.
   (3) The opportunity for employers, in an internship setting, to
experience firsthand the quality of work of a person with a
developmental disability.
   (g) The existing state hiring process for people with
disabilities, known as the Limited Examination and Appointment
Program, or LEAP, is not well suited to correctly assess the
qualifications and abilities of many people with developmental
disabilities because it relies on written testing as an assessment
tool and is not performance based. As a result, very few people with
developmental disabilities are represented in the state workforce.
   (h) The Governor and the Legislature must address the lack of
access people with developmental disabilities have to employment
opportunities with the State of California and take steps to become a
"model employer" to demonstrate the potential of this untapped
workforce.
   (i) In enacting this measure, the Legislature intends to create
more access to state employment for people with developmental
disabilities by allowing successful internship performance in a state
agency, in lieu of a written test, to serve as meeting the minimum
qualifications for consideration for hire into an entry-level
position with the State of California. The Legislature further
intends to grant flexibility to state agencies to hire persons with
developmental disabilities who meet specific needs of those agencies
into entry-level positions without requiring those persons to be able
to perform the full range of tasks typically required by the
entry-level job classification.
   (j) The Legislature intends that these model employer practices be
targeted at people with developmental disabilities who are between
18 and 30 years of age and are deemed eligible by the Department of
Rehabilitation to receive supported employment services. If this
population is left without purposefully designed pathways to
employment, these young adults will remain at a high risk of public
dependency throughout the course of their lives.
  SEC. 2.  Section 19240 of the Government Code is amended to read:
   19240.  (a) The department, consistent with board rules, shall be
responsible for the administration of the Limited Examination and
Appointment Program. This program shall provide an alternative to the
traditional civil service examination and appointment process to
facilitate the hiring of persons with disabilities in the state civil
service.
   (b) For purposes of this article, the following terms have the
following meanings:
   (1) "Developmental disability" has the definition set forth in
Section 4512 of the Welfare and Institutions Code.
   (2) "Disability" has the definition set forth in Section 12926, as
that section presently reads or as it subsequently may be amended.
   (3) "LEAP" means the Limited Examination and Appointment Program
implemented and administered by the department pursuant to this
chapter.
   (4) "Person with a developmental disability" means a person who
the State Department of Developmental Services deems eligible for
services pursuant to the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code) and who is a consumer of a regional
center pursuant to Chapter 5 (commencing with Section 4620) of the
act.
   (c) Notwithstanding subdivision (b), if the definition of
"disability" used in the federal Americans with Disabilities Act of
1990 (Public Law 101-336) would result in broader protection of the
civil rights of persons with a mental or physical disability, as
defined in subdivision (b), then that broader protection shall be
deemed incorporated by reference into, and shall prevail over
conflicting provisions of, the definition in subdivision (b). The
definition of "disability" contained in subdivision (b) shall not be
deemed to refer to or include conditions excluded from the federal
definition of "disability" pursuant to Section 511 of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).
   (d) This section shall remain in effect only until January 1,
2021, and as of that date is repealed.
  SEC. 3.  Section 19240 is added to the Government Code, to read:
   19240.  (a) The department, consistent with board rules, shall be
responsible for the administration of the Limited Examination and
Appointment Program. This program shall provide an alternative to the
traditional civil service examination and appointment process to
facilitate the hiring of persons with disabilities in the state civil
service.
   (b) "Disability" for the purposes of this article has the
definition set forth in Section 12926, as that section presently
reads or as it subsequently may be amended.
   (c) Notwithstanding subdivision (b), if the definition of
"disability" used in the federal Americans with Disabilities Act of
1990 (Public Law 101-336) would result in broader protection of the
civil rights of individuals with a mental or physical disability, as
defined in subdivision (b), then that broader protection shall be
deemed incorporated by reference into, and shall prevail over
conflicting provisions of, the definition in subdivision (b). The
definition of "disability" contained in subdivision (b) shall not be
deemed to refer to or include conditions excluded from the federal
definition of "disability" pursuant to Section 511 of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).
   (d) This section shall become operative on January 1, 2021.
  SEC. 4.  Section 19241 of the Government Code is amended to read:
   19241.  (a) The department, consistent with board rules, shall be
responsible for the implementation of this chapter, which may provide
for the establishment of eligibility criteria for participation,
special job classifications, examination techniques, the creation of
a LEAP internship program for persons with developmental disabilities
in coordination with the State Department of Developmental Services
and the Department of Rehabilitation, and appointment and appeals
procedures.
   (b) This section shall remain in effect only until January 1,
2021, and as of that date is repealed.
  SEC. 5.  Section 19241 is added to the Government Code, to read:
   19241.  (a) The department, consistent with board rules, shall be
responsible for the implementation of this chapter, which may provide
for the establishment of eligibility criteria for participation,
special job classifications, examination techniques, and appointment
and appeals procedures.
   (b) This section shall become operative on January 21, 2021.
  SEC. 6.  Section 19241.5 is added to the Government Code, to read:
   19241.5.  (a) This chapter establishes the Limited Examination and
Appointment Program as a voluntary, additional method of applying
for state employment and is not a mandate on any state agency
employer or job applicant except to the extent specifically directed
by the board.
   (b) This section shall remain in effect only until January 1,
2021, and as of that date is repealed.
  SEC. 7.  Section 19242 of the Government Code is amended to read:
   19242.  (a) The department or its designee shall conduct
competitive examinations to determine the qualifications and
readiness of persons with disabilities for state employment. The
examinations may include an on-the-job-performance evaluation and any
other selection techniques deemed appropriate.
   (b) (1) The department or its designee shall permit a person with
a developmental disability to choose to complete a written
examination or readiness evaluation, or to complete an internship as
described in subparagraphs (A) and (B), in order to qualify for
service in a position under the Limited Examination and Appointment
Program. The use of an internship as a competitive examination of a
person with a developmental disability shall consist of both of the
following:
   (A) Successful completion of an internship with a state agency of
at least 512 hours in duration.
   (B) Certification by the state agency that the employee has
completed the internship and has demonstrated the skills, knowledge,
and abilities necessary to successfully perform the requirements of
the position.
   (2) A person with a developmental disability who successfully
completes the examination or internship required by this subdivision
is deemed to meet the minimum qualifications, as determined by the
board, for the position in which the internship was performed.
   (c) Examination results may be ranked or unranked.
   (d) This section shall remain in effect only until January 1,
2021, and as of that date is repealed.
  SEC. 8.  Section 19242 is added to the Government Code, to read:
   19242.  (a) The department or its designee shall conduct
competitive examinations to determine the qualifications and
readiness of persons with disabilities for state employment. The
examinations may include an on-the-job-performance evaluation and any
other selection techniques deemed appropriate. Examination results
may be ranked or unranked.
   (b) This section shall become operative on January 1, 2021.
  SEC. 9.  Section 19242.05 is added to the Government Code,
immediately following Section 19242, to read:
   19242.05.  (a) The LEAP internship program created in accordance
with Section 19241 shall be designed to allow persons with
developmental disabilities to meet the minimum qualifications of the
LEAP classification to which he or she seeks an examination
appointment. The length of a LEAP internship shall be for a minimum
period of 512 working hours.
   (b) A person with a developmental disability who successfully
completes a LEAP internship upon certification by the appointing
power shall be considered as meeting the referral requirements
necessary to be eligible for an examination appointment, as specified
in Section 19242.2, without being required to pass a written
examination or readiness evaluation.
   (c) The LEAP internship program may be accessed as an unpaid or
paid internship if the state agency providing the internship has
available funding authority within its personnel budget.
   (d) This section shall remain in effect only until January 1,
2021, and as of that date is repealed.
  SEC. 10.  Section 19242.2 of the Government Code is amended to
read:
   19242.2.  (a) The department or its designee shall refer the names
of persons with disabilities who meet eligibility criteria for
participation and the minimum qualifications of the job
classification and any other requirements deemed appropriate by the
board to appointing powers for examination appointments.
Notwithstanding any other provision of law, and to provide for
appropriate job-person placement, all candidates meeting referral
requirements shall be eligible for examination appointment. The
department may prescribe the method for referring names to appointing
powers.
   (b) (1) The department or its designee shall refer the names of
persons with developmental disabilities to appointing powers for
selection for participation in an internship examination as set forth
in subdivision (b) of Section 19242.
   (2) The department or its designee may refer the names of persons
with developmental disabilities who have successfully completed an
internship examination to appointing powers for consideration for
appointment in the same job classification as the position in which
the applicant successfully completed his or her internship.
   (3) The department may prescribe the method for referring names to
appointing powers, including, but not limited to, working with the
appointing power to identify positions that could successfully be
filled by persons with developmental disabilities.
   (c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed.
  SEC. 11.  Section 19242.2 is added to the Government Code, to read:

   19242.2.  (a) The department or its designee shall refer the names
of persons with disabilities who meet eligibility criteria for
participation and the minimum qualifications of the job
classification and any other requirements deemed appropriate by the
board to appointing powers for examination appointments.
Notwithstanding any other provision of law, and to provide for
appropriate job-person placement, all candidates meeting referral
requirements shall be eligible for examination appointment. The
department may prescribe the method for referring names to appointing
powers.
   (b) This section shall become operative on January 1, 2021.
  SEC. 12.  Section 19242.3 is added to the Government Code, to read:

   19242.3.  (a) A state agency that provides an internship to a
person with a developmental disability or appoints a person with a
developmental disability to a position under the Limited Examination
and Appointment Program may finance the internship or position with
personnel or any other funds available for this purpose and assigned
to a vacant or unfilled position. A state agency that transfers funds
from a vacant or unfilled position pursuant to this section does not
eliminate the vacant or unfilled position, and may return or assign
funds to fill the position.
   (b) (1) A state agency that provides an internship to a person
with a developmental disability or appoints a person with a
developmental disability to a position under the Limited Examination
and Appointment Program shall allow the person to receive on-the-job
support, as determined by the Department of Rehabilitation or the
State Department of Developmental Services pursuant to existing rules
and the service authorization of those supported employment
programs, as a reasonable accommodation for the person's disability.
   (2) On-the-job supportive services, in addition to the services
set forth in subdivision (q) of Section 4851 of the Welfare and
Institutions Code, may consist of, but need not be limited to, time
spent with a job coach on any of the following:
   (A) Conducting job analysis, specific training, and supervision of
the intern while the intern is engaged in his or her internship.
   (B) Conducting skills-building training, including, but not
limited to, adaptive functional and social skills training and
support as necessary to ensure internship adjustment.
   (C) Working with families and other support networks to ensure
internship adjustment.
   (D) Evaluation of performance of the intern, including, but not
limited to, communication with the internship supervisor.
   (3) The services of the job coach are not the responsibility of
the state agency providing the internship, unless the agency is
otherwise the direct payor of those services.
   (4) In order for the internship to meet the minimum qualifications
of the desired position, the internship shall be successfully
completed, as set forth in subdivision (b) of Section 19242, in the
same job classification as the position the person is applying for.
   (5) If a job examination period is required prior to the permanent
hiring of a qualified person with a developmental disability, the
appointing authority may apply some or all of the internship hours
performed to meet some or all of the job examination period
requirement.
   (6) On-the-job supportive services are allowable to the extent
authorized by other state programs and are not the financial or
programmatic responsibility of any state agency engaged in
establishing the LEAP internship process.
   (c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed.