BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 644|
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                                   THIRD READING 


          Bill No:  SB 644
          Author:   Hancock (D)
          Amended:  6/1/15  
          Vote:     21  

          SENATE PUBLIC EMP. & RET. COMMITTEE:  5-0, 4/13/15
           AYES:  Pan, Morrell, Beall, Fuller, Hall

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Limited Examination and Appointment Program:   
                     persons with developmental disabilities


          SOURCE:    East Bay Innovations
                     Futures Explored
           
           DIGEST:    This bill amends provisions of the state's Limited  
          Examination and Appointment Program (LEAP) to allow  
          developmentally disabled individuals to compete for state jobs  
          by performing internships in the desired positions.

          ANALYSIS:
          
          Existing law:
          
           1) Establishes LEAP in the state civil service, which provides  
             an alternative to the traditional civil service exam and  
             appointment process in order to allow a disabled individual  
             to compete for a position in state service by proving  
             eligibility and meeting other specified criteria.









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           2) Defines "disability" for the purpose of the LEAP program to  
             be consistent with the definition of "disability" found in  
             state laws governing fair employment and housing and the  
             federal Americans with Disabilities Act.

           3) Establishes the Department of Human Resources (CalHR) as the  
             state department with responsibility over administration of  
             the LEAP program and gives CalHR discretion in creating  
             eligibility criteria for participation in LEAP, examination  
             techniques, and appointment and appeal procedures.

           4) Requires, in the state civil service, that applicants meet  
             minimum qualifications and undergo a competitive process  
             before being appointed to a position and, in general, creates  
             ranked hiring lists based on the competitive application  
             process from which state employers may choose eligible  
             candidates.

           5) Requires, under LEAP, that candidates are first certified as  
             disabled and meet certain minimum qualifications, which may  
             be ascertained through written examination, before being  
             placed on a referral list.  CalHR then refers the names of  
             eligible candidates to agencies that are seeking employees  
             for LEAP-eligible positions.

           6) Requires that LEAP employees are appointed on a temporary  
             and provisional basis to allow them to demonstrate their  
             abilities to perform the duties of their positions during a  
             period of time known as the job examination period.  During  
             this time, LEAP employees do not acquire permanent civil  
             service status but receive the same salaries and benefits  
             provided to other temporary state employees.

           7) Allows, upon successful completion of the job examination  
             period, the employing department to appoint the LEAP employee  
             to an appropriate civil service position.

           8) Creates a process for LEAP candidates and employees to  
             appeal in situations in which CalHR refuses to certify the  
             employee's eligibility to participate in LEAP or the  
             individual is rejected during the application, selection, or  
             job examination period, or is denied reasonable  
             accommodation.








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           9) Establishes the Lanterman Developmental Disabilities  
             Services Act, which states that California is responsible for  
             providing an array 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 to support their  
             integration into the mainstream life of the community.  

            10)          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 lifetimes.

           11)Requires that the state make available the expertise of  
             state employees and programs to support the  
             employment-related needs of individuals with disabilities, as  
             specified, including ensuring that state government is a  
             model employer of individuals with disabilities.

           12)Creates a statewide Employment First Policy, prioritizing  
             opportunities for integrated competitive employment for  
             working-age individuals with developmental disabilities,  
             regardless of the severity of their disabilities.

          This bill:

           1) Makes findings and declarations with regard to persons with  
             developmental disabilities and their difficulty in obtaining  
             employment.

           2) Finds that the state hiring process for LEAP is not well  
             suited to correctly assess the qualifications and abilities  
             of developmentally disabled persons due to initial  
             assessments based on written testing rather than  
             performance-based testing.

           3) Declares the intent of the Legislature to target model  
             employer practices toward persons with developmental  
             disabilities who are between 18 and 30 years of age and  
             deemed eligible by the Department of Rehabilitation (DOR) to  
             receive supportive employment services.

           4) Expands the definition of "disability" to include a person  







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             with a developmental disability that the Department of  
             Developmental Services (DDS) deems eligible for services  
             pursuant to the Lanterman Developmental Disabilities Services  
             Act and who is a consumer of a regional center pursuant to  
             the Lanterman Act.

           5) Specifies that CalHR, consistent with State Personnel Board  
             rules, shall be responsible for the creation of the LEAP  
             internship program for developmentally disabled persons in  
             coordination with DDS and DOR.

           6) Specifies that LEAP is a voluntary, additional method of  
             applying for state employment and is not a mandate on any  
             state agency employer or job applicant, except as  
             specifically directed by the State Personnel Board.

           7) Prohibits CalHR from requiring a person with a developmental  
             disability to take or pass a written examination or readiness  
             evaluation in order to qualify for service in a LEAP  
             position.

           8) Requires, instead of a written application, that the LEAP  
             examination for an individual with a developmental disability  
             consist of an internship with a state agency of not less than  
             512 hours in duration and certification from the employing  
             agency that the individual has completed the internship and  
             demonstrated the knowledge, skills, and abilities necessary  
             to successfully perform the duties of the position.

           9) Specifies that a person with a developmental disability who  
             successfully completes the internship, as required, shall be  
             determined to meet the minimum qualifications for the  
             position in which the internship was performed.

           10)Specifies that successful completion of the LEAP internship,  
             upon certification of the appointing power, shall be  
             considered as meeting the referral requirements necessary for  
             an examination appointment without being required to pass a  
             written examination or readiness evaluation.

           11)Allows the LEAP internship program to be accessed as an  
             unpaid or paid internship if the state agency providing the  
             internship has available funding authority within its  
             personnel budget.







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           12)Requires CalHR to refer the names of persons with  
             developmental disabilities to appointing powers for LEAP  
             internship appointments.

           13)Allows CalHR to refer the name of a developmentally disabled  
             person who has successfully completed an internship  
             examination to appointing powers for consideration for  
             appointment in the same job classification as the position in  
             which the internship was successfully completed.

           14)Gives CalHR discretion as to the method for referring names,  
             including working with agencies to identify positions that  
             could successfully be filled by persons with developmental  
             disabilities.

           15)Allows a state agency that provides a LEAP internship to a  
             person with a developmental disability to finance the  
             internship with personnel or other funds assigned to a vacant  
             or unfilled position and specifies that doing so does not  
             eliminate the vacant or unfilled position, and that the funds  
             may later be reassigned to the unfilled position.

           16)Requires that a state agency that provides a LEAP internship  
             to a person with a developmental disability shall allow the  
             person to receive on-the-job supportive services, as  
             specified, as a reasonable accommodation.

           17)Clarifies that on-the-job supportive services may consist of  
             time spent with a job coach who assists the developmentally  
             disabled person, as specified, and states that services of  
             the job coach are not the responsibility of the state agency  
             providing the internship unless the state agency is a direct  
             payor of those services.

           18)Specifies that in order for the internship to meet the  
             minimum qualifications of the desired position, it must be  
             successfully completed in that same position.

           19)Specifies that if a job examination period is required prior  
             to permanently hiring a qualified developmentally disabled  
             individual, the hiring agency may apply some or all of the  
             internship hours performed to meet some or all of the job  
             examination period requirement.







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           20)Specifies that 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.

          Background

          LEAP.  The current process for LEAP eligibility is as follows:   
          an individual is certified as disabled by DOR.  The individual  
          must then meet minimum qualifications (MQs) for the LEAP  
          position (only certain state classifications are LEAP  
          qualified).  The MQs are met by successful completion of a  
          written (often online) exam or readiness evaluation.  Once the  
          MQs are met, the LEAP applicant's name is placed on an unranked  
          hiring list that is available to any state agency that has LEAP  
          positions available and is seeking LEAP candidates. The hiring  
          authority may then contact individuals on the list for  
          interviews and job placements.

          The LEAP candidate then serves a job examination period that is  
          typically nine months in length but can be longer.  Upon  
          successful completion of the job examination period, the LEAP  
          employee may then be appointed to a permanent state position.   
          Then the employee must also serve the traditional six-month  
          probationary period before becoming a permanent state civil  
          service employee.

          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 support 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.  Regional center participants are  
          referred as "consumers."  Services for consumers are determined  
          through individual program plans.

          Prior/Related Legislation
          
          AB 1041 (Chesbro, Chapter 667, Statutes of 2014) created a  
          statewide Employment First Policy and sets forth requirements  
          related to the inclusion of employment opportunities and  
          services in a regional center participant's individual program  







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          plan.

          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 925 (Aroner, Chapter 1088, Statutes of 2002) required, in  
          addition to other measures intended to bring adults with  
          disabilities into gainful employment, that the state government  
          become a model employer of individuals with disabilities.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No




          According to the Senate Appropriations Committee: 





           Unknown administrative costs to CalHR (General Fund)

           Unknown, potentially $150,000 annually for internship program  
            (various Special/General Funds)


          Administrative costs to CalHR are unknown at this time; however,  
          there is currently one Staff Services Manager 1 position that is  
          responsible for administering LEAP.  SB 644 establishes a new  
          internship program and may require additional personnel years to  
          CalHR.


          Exact costs for the internship program will depend on the number  
          of internships provided through the LEAP method of qualifying  
          applicants for civil service positions.  If 25 internships are  
          offered annually to applicants who would have otherwise not  







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          passed the current written exam or readiness evaluation, costs  
          would be approximately $155,000 with monthly salaries of $2,074  
          (the entry level pay for Office Assistant) for three months.   
          Departments that provide internships to LEAP applicants will use  
          existing vacancies on a temporary basis.


          SUPPORT:   (Verified5/28/15)


          East Bay Innovations (co-source)
          Futures Explored, Inc. (co-source)
          Ala Costa Centers
          Alameda County Developmental Disabilities Planning and Advisory  
          Council
          Arc of California
          Association of Regional Center Agencies
          California Disabilities Services Association
          Cerebral Palsy Center for the Bay Area
          East Bay Development Disabilities Legislative Coalition
          United Cerebral Palsy California Collaboration


          OPPOSITION:   (Verified5/28/15)


          None received

          ARGUMENTS IN SUPPORT:

          According to the author:

               Currently, 92% of Californians with intellectual  
               disabilities of working age are jobless. Unemployment for  
               adults with ID/DD [i.e., intellectual/ developmental  
               disabilities] is chronic and severe nationwide.  Less than  
               5 % of young adults with ID/DD leave K12 and go directly  
               into employment and less than 30 % go into post-secondary  
               or career technical education.  If young people with ID/DD  
               exiting K12 education are not connected to employment they  
               tend to rely on public benefits and services their entire  
               lives.

               LEAP is often not an effective alternative to the standard  







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               civil service examination for individuals with ID/DD  
               because it relies on a written test to initially evaluate  
               candidates.  Many people with ID/DD can successfully be  
               employed in jobs involving complex tasks but need time and  
               customized training to learn the job.  Written tests are  
               not a valid measure of their abilities.

               Several states have adopted "model employer" practices to  
               ensure that people with ID have access to state employment  
               opportunities.  Being a model employer will enable the  
               State to demonstrate to other public sector and to private  
               sector employers how to unlock the potential of this  
               untapped workforce.

               Alameda and Santa Clara Counties use a similar method of  
               allowing successful job performance after adequate time on  
               the job to become the "test" for civil service purposes for  
               workers with ID/DD to become public employees.
          
          According to the sponsors, the current LEAP structure, because  
          it relies on written tests to initially evaluate candidates,  
          "often precludes individuals with intellectual and developmental  
          disabilities from accessing the program."
          
          "SB 644 would allow an individual with an intellectual or  
          developmental disability to successfully complete an internship  
          at a state agency with a minimum of 1024 hours, in lieu of a  
          readiness evaluation as currently required by LEAP.  The  
          internship would be used to evaluate whether that individual is  
          eligible for state civil service employment."

          Futures Explored notes that they support over 300 individuals  
          engaged in the workforce to some degree. "We have found that  
          internship/apprenticeship type programs have allowed our folks  
          to get jobs that would have historically been viewed as beyond  
          their capabilities if only a test or interview were used."
          

          Prepared by:Pamela Schneider / P.E. & R. / (916) 651-1519
          6/1/15 14:03:08


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