BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 644|
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UNFINISHED BUSINESS
Bill No: SB 644
Author: Hancock (D)
Amended: 8/28/15
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
SENATE FLOOR: 40-0, 6/2/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,
Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,
Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,
Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 80-0, 9/2/15 - See last page for vote
SUBJECT: Limited Examination and Appointment Program: persons
with developmental disabilities
SOURCE: East Bay Innovations
Futures Explored, Inc.
DIGEST: This bill amends provisions of the states Limited
Examination and Appointment Program (LEAP) to allow
developmentally disabled individuals to compete for state jobs
by performing internships in the desired positions instead of
taking a traditional written exam or readiness evaluation.
These changes will sunset on January 1, 2021.
SB 644
Page 2
Assembly Amendments 1) allow a developmentally person to choose
to either take a traditional written examination or to perform
an internship, and 2) require that the changes to LEAP created
by this bill shall sunset on January, 1, 2021, and statutes will
revert to existing law.
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.
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
SB 644
Page 3
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 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.
SB 644
Page 4
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
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) Requires CalHR to permit a person with a developmental
disability to choose to either take or pass a written
examination or readiness evaluation in order to qualify for
service in a LEAP position, or to complete an internship, as
specified, instead.
SB 644
Page 5
8) Specifies that the use of an internship as a competitive
exam shall consist of both of the following: a) successful
completion of an internship with a state agency of not less
than 512 hours in duration, and b) 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 written exam or 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.
12)Requires CalHR to refer the names of persons with
developmental disabilities who meet eligibility criteria 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
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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 a state agency that provides a LEAP internship to a
person with a developmental disability to 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.
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.
21)Contains provisions to sunset these changes as of January 1,
2021, and to return the affected statutes to existing law.
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
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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 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
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.
SB 644
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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 Assembly Appropriations Committee:
1)Unknown, potentially substantial General and Special Fund
costs to state agencies, in excess of $150,000, to provide
internships in lieu of examinations or evaluations;
potentially significant GF administrative costs to CalHR.
2)Unknown, potentially significant cost savings to state
agencies that are able to use free or low-paid interns to
temporarily fill otherwise salaried positions.
SUPPORT: (Verified9/2/15)
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
Two individuals
OPPOSITION: (Verified9/2/15)
SB 644
Page 9
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
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
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"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."
ASSEMBLY FLOOR: 80-0, 9/2/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by:Pamela Schneider / P.E. & R. / (916) 651-1519
9/2/15 18:10:10
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