BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: AB 287
A
AUTHOR: Beall
B
VERSION: June 10, 2009
HEARING DATE: June 23, 2009
2
FISCAL: To Appropriations
8
7
CONSULTANT:
Hailey
SUBJECT
Persons with developmental disabilities: employment
SUMMARY
Establishes an employment first policy intended to increase
the number of individuals with developmental disabilities
who engage in integrated and gainful employment.
ABSTRACT
Current law
1)Establishes the Lanterman Act, under which the State
Department of Development Services contracts with 21
private non-profit regional centers to provide case
management services and arrange for, or purchase,
services that meet the needs of individuals with
developmental disabilities.
2)Requires that regional centers secure needed services and
supports that meet the needs of each consumer, as
determined in the consumer's individual program plan.
3)Provides that regional center planning teams give the
highest priority to services and supports that allow
adults with developmental disabilities to live as
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independently as possible in the community, and states
that services and supports should be available to enable
persons with developmental disabilities to approximate
the pattern of everyday living available to people
without disabilities of the same age, that support their
integration into the mainstream life of the community,
and that result in more independent, productive, and
normal lives for the persons served.
4)Defines "integrated work" as "the engagement of an
employee with a disability in work in a setting typically
found in the community in which individuals interact 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."
5)Creates the State Council on Developmental Disabilities
to provide an effective method for planning and
coordinating the state's resources to assure the legal,
civil, and service rights of persons with developmental
disabilities.
This bill
1)Makes findings and declarations about persons with
disabilities and employment, including:
a) Research demonstrates that wages and hours worked
increase dramatically as individuals move from
facility-based to integrated employment, and research
suggests that other benefits of employment include
expanded social relationships, heightened
self-determination, and more typical job acquisition
and job roles; and,
b) Because the likelihood of individuals with
developmental disabilities obtaining employment is
greater if they move directly from school to work,
education programs must prepare transition age
students for employment in community settings.
2)Directs regional centers to be guided by the "employment
first policy" when developing an individual program plan
for a transition age youth (at age 14 and older) or a
working age adult.
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3)Directs regional center representatives to inform the
consumer, parent, legal guardian, or conservator that the
regional center is available, upon request, to
participate in the consumer's individualized education
plan meetings to discuss school-to-work opportunities and
transition planning.
4)For purposes of an employment first policy, defines the
following:
a) "Gainful employment" as work where the individual
earns minimum wage or higher, and also includes
self-employment and microenterprises.
b) "Integrated employment" means the same as
"integrated work" as defined in Lanterman Act
provisions related to habilitation services: "the
engagement of an employee with a disability in work in
a setting typically found in the community in which
individuals interact 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." (Welfare and
Institutions Code Section 4851)
5)Establishes, as the first premise of an employment first
policy, that integrated employment is the primary service
option for working age adults upon completion of their
formal education, including postsecondary education and
vocational education.
6)Establishes, as the intended outcome of an employment
first policy, a significant increase in the number of
individuals with developmental disabilities who engage in
integrated and gainful employment.
7)Requires the State Council on Developmental Disabilities
to form a standing committee on employment.
8)Establishes the membership of the standing committee:
a) One designee of each of the following State Council
members: the director of the Department of
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Developmental Services, the director of the Department
of Rehabilitation, the Superintendent of Public
Instruction, each university center for excellence,
and the executive director of the state protection and
advocacy agency.
b) A member of the State Council consumer advisory
committee.
9)Requires the committee to meet and consult, as
appropriate, with other state and local agencies and
organizations, including the Employment Development
Department, the Association of Regional Center Agencies,
one or more supported employment provider organizations,
a labor union that represents service coordinators, and
one or more consumer family member organizations.
10)Directs the committee to:
a) Identify the roles and responsibilities of state
and local agencies in enhancing integrated and gainful
employment opportunities for people with developmental
disabilities.
b) Identify strategies and practices for increasing
integrated employment and gainful employment
opportunities for people with developmental
disabilities.
c) Identify existing sources of employment data,
recommend employment goals, and recommend methods to
measure progress in integrated and gainful employment
of people with developmental disabilities.
d) Recommend legislative, regulatory, and policy
changes for increasing the percentage of people with
developmental disabilities in integrated and gainful
employment.
11)Requires the committee, no later than July 1, 2011, and
annually thereafter, to provide a report to legislative
policy committees and the governor describing its work
and recommendations.
FISCAL IMPACT
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The Assembly Appropriations Committee identifies absorbable
workload for the regional centers and potential savings for
regional centers to the extent the bill reduces the need
for services for persons who transition to employment.
BACKGROUND AND DISCUSSION
Background
SB 1270 (Chesbro, Chapter 397, Statutes of 2006) directed
the State Council on Developmental Disabilities to seek
public input on ways to expand opportunities for people
with developmental disabilities in the areas of employment
and community participation. A report included
recommendations to improve transition planning for students
and steps to expand employment opportunities for people
with developmental disabilities. (SB 1270 Report on
Expanding Opportunities and Choice in California's Day
Program Services for Individuals with Developmental
Disabilities, May 2007.)
In October 2008, the U.S. Department of Labor, Office of
Disability Employment Policy, held a roundtable on
employment for people with intellectual and other
developmental disabilities. The executive summary made the
following point related to employment of people with
disabilities and the value of policies that promote
employment:
Fortunately, innovative strategies have emerged
over the last few years that, if fully implemented,
would remove most of the existing barriers to
employment and self-sufficiency for individuals
with intellectual and other significant, complex
disabilities. ... [A] handful of states have
adopted policies that require employment to be a
prime consideration for Medicaid Waiver dollars.
These "Employment First" initiatives can
significantly increase employment opportunities for
individuals with intellectual and other
developmental disabilities and high support needs.
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Administration efforts
In 2005, Governor Schwarzenegger issued an executive order
confirming, among other commitments, "State Government has
an opportunity and a responsibility to lead by example,
ensuring individuals with disabilities have an open door to
the many opportunities in public service.." ordering all
state entities to utilize best efforts regarding
recruitment, hiring, and advancement of people with
disabilities. The executive order sets the goal that
California will be a model employer for hiring people with
disabilities.
The administration reports that the governor's cabinet
approved a comprehensive strategy for employment of people
with disabilities in 2006. The strategy includes supports
to counties to increase the number of people returning to
work who use Supplemental Security Income and Social
Security Disability Insurance. The administration also
reports developing a media campaign to reach employers and
people with developmental and other disabilities; a pilot
test of the campaign is under way in San Diego and Kern.
The administration also reports that the governor and the
first lady announced a broad commitment to a
"developmentally disabled opportunity initiative" to give
individuals with intellectual disabilities a chance at
purposeful employment. To support this goal, the first
lady has an initiative "We Include": it includes marketing
tools, a DVD, website, and informational packet for
prospective employers.
Need for the bill
According to the author, AB 287 represents a modest first
step to increase the number of Californians with
developmental disabilities who are employed and are more
self-sufficient and involved in their communities.
According to the author, establishing integrated employment
as the primary service option for working-age adults with
disabilities, upon completion of their education, is a
significant policy change. The author also states his
intention that the policy will result in recommendations
from the State Council on Developmental Disabilities that
will provide the impetus to expand opportunities for people
with developmental disabilities to engage in integrated
gainful employment and postsecondary education.
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The meaning of "employment first"
AB 287 establishes integrated and gainful employment as the
first priority for people with developmental disabilities.
According to the author, employment first policies require
that employment be the first or preferred service option
considered for service recipients, but typically
individuals do not have to meet exclusion criteria in order
to choose a service option other than employment.
Previous legislation
AB 2424 (2008, Beall) would have established an employment
first policy. AB 2424 made additional, significant changes
in the individual program planning process. It was held in
the Senate Appropriations Committee after passing out of
the Senate Human Services Committee on a 4-0 vote.
Previous votes
Assembly Floor 53-24
Assembly Appropriations12-4
Assembly Human Services 5-2
COMMENTS AND QUESTIONS
Scope of the bill's directive
As noted above, one of the changes this bill makes to state
policy is establish integrated employment is the primary
service option for working age adults upon completion of
their formal education. The committee may want to ask the
author how this bill will change the behavior of the State
Department of Rehabilitation's vocational rehabilitation
counselors, regional center case managers, state vendors
who may be providing employment services, offices of the
Employment Development Department, and counselors within
the education system. Does the author envision changes in
the behavior of job counselors and job training programs?
POSITIONS
Support: Association of Regional Center Agencies
(sponsor)
Disability Rights California (sponsor)
State Council on Developmental Disabilities
(sponsor)
California Communities United Institute
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Developmental Disabilities Area Board 10
Service Employees International Union
Oppose: None received
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