BILL NUMBER: AB 2320 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Nestande
FEBRUARY 24, 2012
An act to amend Section 12300 of the Welfare and
Institutions Code, relating to public social services.
An act to add Section 66942 of the Education Code,
relating to public postseco ndary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2320, as amended, Nestande. In-Home Supportive
Services. Public postsecondary education: distance
learning.
Existing law establishes the various segments of the public
postsecondary education system in the state. These segments include
the University of California, which is administered by the Regents of
the University of California, the California State University, which
is administered by the Trustees of the California State University,
and the California Community Colleges, which is administered by the
Board of Governors of the California Community Colleges.
This bill would require by January 1, 2016, and every 2 years
thereafter, the Trustees of the California State University and the
Board of Governors of the California Community Colleges, and request
the Regents of the University of California, to report to the
Legislature on workload and key performance data on distance learning
courses, as defined. This bill would, by February 1, 2014, also
require the Legislative Analyst's Office to convene a task force
composed of specified members to identify the steps needed to
establish the Western Governors University, California, as a
degree-granting institution that is self-supporting and does not
receive state funding. The task force would be required to consult
with representatives of the University of California, the California
State University, and the California Community Colleges. The task
force would, by February 1, 2015, be required to report their
findings and recommendations to the Legislature.
Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with services in order to
permit them to remain in their own homes and avoid
institutionalization.
This bill would make a technical, nonsubstantive change to an IHSS
program provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66942 is added to the
Education Code , to read:
66942. (a) For purposes of data collection and reporting by the
California Community Colleges, the California State University, and
the University of California, "distance learning course" means a
course conducted with a majority of the instructional content
delivered when faculty and students are in different locations and
instruction is delivered through the use of technology.
(b) (1) By January 1, 2016, and every two years thereafter, the
Trustees of the California State University and the Board of
Governors of the California Community Colleges shall, and the Regents
of the University of California are requested to, report to the
Legislature on workload and key performance data on distance learning
courses, including, but not limited to, all of the following:
(A) The number of students enrolled in a distance learning course
at each campus, categorized by type of delivery method for the
distance learning course.
(B) Completion rates for distance learning courses.
(C) Program completion rates for degree programs that include
exclusively distance learning courses.
(2) Student enrollment and completion rate data included in a
report to be submitted pursuant to this subdivision shall be made
available by demographics such as age, gender, and ethnicity.
(c) (1) On or before February 1, 2014, the Legislative Analyst's
Office shall convene a task force composed of members of the
Legislature, members of the administration, and representatives of
the Western Association of Schools and Colleges to identify the steps
needed to establish the Western Governors University, California.
The task force shall consult with representatives of the University
of California, the California State University, and the California
Community Colleges.
(2) It is the intent of the Legislature that the task force
evaluate the establishment of the Western Governors University,
California, as a degree-granting institution that is self-supporting
and that does not receive state funding. This provision is not
intended to preclude the task force from evaluating the Western
Governors University, California, as a potential qualifying
institution for the purposes of California's student financial aid
programs.
(3) On or before February 1, 2015, the task force convened
pursuant to this subdivision shall report to the Legislature on the
findings and recommendations of the task force.
(d) (1) All reports to be submitted pursuant to this section shall
be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, the
requirement for submitting a report imposed by paragraph (3) of
subdivision (c) shall be inoperative on February 1, 2019.
SECTION 1. Section 12300 of the Welfare and
Institutions Code is amended to read:
12300. (a) The purpose of this article is to provide in every
county in a manner consistent with this chapter and the annual Budget
Act those supportive services identified in this section to aged,
blind, or disabled persons, as defined under this chapter, who are
unable to perform the services themselves and who cannot safely
remain in their homes or abodes of their own choosing unless these
services are provided.
(b) Supportive services include domestic services and services
related to domestic services, heavy cleaning, personal care services,
accompaniment by a provider when needed during necessary travel to
health-related appointments or to alternative resource sites, yard
hazard abatement, protective supervision, teaching and demonstration
directed at reducing the need for other supportive services, and
paramedical services that make it possible for the recipient to
establish and maintain an independent living arrangement.
(c) Personal care services mean all of the following:
(1) Assistance with ambulation.
(2) Bathing, oral hygiene, and grooming.
(3) Dressing.
(4) Care and assistance with prosthetic devices.
(5) Bowel, bladder, and menstrual care.
(6) Repositioning, skin care, range of motion exercises, and
transfers.
(7) Feeding and assurance of adequate fluid intake.
(8) Respiration.
(9) Assistance with self-administration of medications.
(d) Personal care services are available if these services are
provided in the beneficiary's home and other locations as may be
authorized by the director. Among the locations that may be
authorized by the director under this paragraph is the recipient's
place of employment if all of the following conditions are met:
(1) The personal care services are limited to those that are
currently authorized for a recipient in the recipient's home and
those services are to be utilized by the recipient at the recipient's
place of employment to enable the recipient to obtain, retain, or
return to work. Authorized services utilized by the recipient at the
recipient's place of employment shall be services that are relevant
and necessary in supporting and maintaining employment. However,
workplace services shall not be used to supplant any reasonable
accommodations required of an employer by the Americans with
Disabilities Act (42 U.S.C. Sec. 12101 et seq.; ADA) or other legal
entitlements or third-party obligations.
(2) The provision of personal care services at the recipient's
place of employment shall be authorized only to the extent that the
total hours utilized at the workplace are within the total personal
care services hours authorized for the recipient in the home.
Additional personal care services hours may not be authorized in
connection with a recipient's employment.
(e) Where supportive services are provided by a person having the
legal duty pursuant to the Family Code to provide for the care of his
or her child who is the recipient, the provider of supportive
services shall receive remuneration for the services only when the
provider leaves full-time employment or is prevented from obtaining
full-time employment because no other suitable provider is available
and where the inability of the provider to provide supportive
services may result in inappropriate placement or inadequate care.
These providers shall be paid only for the following:
(1) Services related to domestic services.
(2) Personal care services.
(3) Accompaniment by a provider when needed during necessary
travel to health-related appointments or to alternative resource
sites.
(4) Protective supervision only as needed because of the
functional limitations of the child.
(5) Paramedical services.
(f) To encourage maximum voluntary services, so as to reduce
governmental costs, respite care shall also be provided. Respite care
is temporary or periodic service for eligible recipients to relieve
persons who are providing care without compensation.
(g) A person who is eligible to receive a service or services
under an approved federal waiver authorized pursuant to Section
14132.951, or a person who is eligible to receive a service or
services authorized pursuant to Section 14132.95, shall not be
eligible to receive the same service or services pursuant to this
article. In the event that the waiver authorized pursuant to Section
14132.951, as approved by the federal government, does not extend
eligibility to all persons otherwise eligible for services under this
article, or does not cover a service or particular services, or does
not cover the scope of a service that a person would otherwise be
eligible to receive under this article, those persons who are not
eligible for services, or for a particular service under the waiver
or Section 14132.95 shall be eligible for services under this
article.
(h) (1) All services provided pursuant to this article shall be
equal in amount, scope, and duration to the same services provided
pursuant to Section 14132.95, including any adjustments that may be
made to those services pursuant to subdivision (e) of Section
14132.95.
(2) Notwithstanding any other provision of this article, the rate
of reimbursement for in-home supportive services provided through any
mode of service shall not exceed the rate of reimbursement
established under subdivision (j) of Section 14132.95 for the same
mode of service unless otherwise provided in the annual Budget Act.
(3) The maximum number of hours available under Section 14132.95,
Section 14132.951, and this section, combined, shall be 283 hours per
month. Any recipient of services under this article shall receive no
more than the applicable maximum specified in Section 12303.4.