BILL ANALYSIS Ó
SB 644
Page 1
Date of Hearing: June 24, 2015
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL
SECURITY
Rob Bonta, Chair
SB
644 (Hancock) - As Amended June 1, 2015
SENATE VOTE: 40-0
SUBJECT: Limited Examination and Appointment Program: persons
with developmental disabilities.
SUMMARY: Changes the method for a person with a developmental
disability to qualify under the Limited Examination and
Appointment Program (LEAP) from the current written exam or
readiness evaluation, to an internship with a state agency, as
specified. Specifically, 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
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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)Defines "developmental disability" for purposes of these
provisions as having the same definition as it does in the
Welfare and Institutions Code.
5)Defines "LEAP" as the Limited Examination and Appointment
Program implemented and administered by the California
Department of Human Resources (CalHR).
6)Defines "person with a developmental disability" as a person
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.
7)Specifies that CalHR, consistent with State Personnel Board
(SPB) rules, is responsible for the creation of the LEAP
internship program for developmentally disabled persons in
coordination with DDS and DOR.
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8)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 SPB.
9)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.
10)Requires, instead of a written examination, that the LEAP
examination for a person 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 skills, knowledge, abilities necessary to
successfully perform the requirements of the position.
11)Specifies that a person with a developmental disability who
successfully completes the internship, as required, will be
deemed to meet the minimum qualifications for the position in
which the internship was performed.
12)Requires the length of the LEAP internship to be for a
minimum period of 512 working hours and to be designed to
allow persons with developmental disabilities to meet the
minimum qualifications of the LEAP classification to which the
person seeks appointment.
13)Specifies that successful completion of the LEAP internship,
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upon certification of the appointing power, will be considered
as meeting the referral requirements necessary for an
examination appointment without being required to pass a
written examination or readiness evaluation.
14)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.
15)Requires CalHR to refer the names of persons with
developmental disabilities to appointing powers for LEAP
internship appointments.
16)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.
17)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.
18)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 available for this
purpose and assigned to a vacant or unfilled position and
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specifies that doing so does not eliminate the vacant or
unfilled position, and that the funds may later be reassigned
to the unfilled position.
19)Requires that a state agency that provides a LEAP internship
to a person with a developmental disability allow the person
to receive on-the-job supportive services, as specified, as a
reasonable accommodation.
20)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.
21)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.
22)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.
23)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
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agency engaged in establishing the LEAP internship process.
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.
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 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.
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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.
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
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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.
FISCAL EFFECT: 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
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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 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."
COMMENTS: According to the author, "Currently, 92% of
Californians with developmental disabilities of working age are
jobless. Unemployment for adults with disabilities is chronic
and severe nationwide. Less than 5 % of young adults with
intellectual disabilities leave K12 and go directly into
employment and less than 30 % go into post-secondary or career
technical education. If young people with intellectual
disabilities exiting K12 education are not connected to
employment they tend to rely on public benefits and services
their entire lives."
The author goes on to say, "LEAP is often not an effective
alternative to the standard civil service examination for
individuals with developmental disabilities because it relies on
a written test to initially evaluate candidates. Many people
with developmental disabilities 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 the people with developmental disabilities
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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 developmental disabilities to become public employees."
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
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.
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REGISTERED SUPPORT / OPPOSITION:
Support
California Disability Services Association (Sponsor)
East Bay Innovations (Sponsor)
Futures Explored (Sponsor)
Ala Costa Centers
Alameda County Board of Supervisors
Alameda County Developmental Disabilities Council
American Federation of State, County and Municipal Employees
Association of Regional Center Agencies
Cerebral Palsy Center
East Bay Developmental Disabilities Legislative Coalition
The Arc and United Cerebral Palsy California Collaboration
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2 individuals
Opposition
None on file
Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)
319-3957