BILL ANALYSIS �
AB 2338
Page 1
Date of Hearing: April 25, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2338 (Chesbro) - As Introduced: February 24, 2012
Policy Committee: Human
ServicesVote:4 - 2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires Regional Centers (RCs), under the
jurisdiction of the California Department of Developmental
Services (DDS), to use an employment-first policy defined in the
bill for Individual Program Planning (IPP) for consumers 16
years and older. Specifically, this bill:
1)States that it is the policy of the state that integrated,
competitive employment is the priority outcome for working-age
individuals with developmental disabilities.
2)Requires RCs consider the employment-first policy when
developing individual program plans for transition-age youth
and working-age adults.
3)Requires RCs to ensure that, beginning at age 16, consumers
and their parents or legal guardians be provided with the
employment-first policy, options for integrated employment,
and services and supports that enable consumers to transition
from school to work.
FISCAL EFFECT
Costs associated with this legislation should be minor and
absorbable within existing resources.
COMMENTS
1)Rationale . The purpose of this bill is to help further the
goals of the Lanterman Act, which requires that services and
support be available for people with developmental
AB 2338
Page 2
disabilities that allows them to approximate a pattern of
everyday life that is available to people without
disabilities. The author argues that competitive employment
for working-age adults is a key component of everyday life.
2)California's Developmental Services System annually assists
approximately 250,000 individuals with developmental
disabilities and their families through a statewide system of
21 regional centers. Of the $4.7 billion ($2.7 billion GF)
proposed for the 2012-13 budget year, $4 billion ($2.3 billion
GF) is for services provided through the regional centers. The
system employs 90,000 workers. Almost 99% of consumers receive
community-based services and live with their parents or other
relatives, in their own homes or apartments, or in group homes
designed to meet their medical and behavioral needs.
In addition, the state's four Developmental Centers (Fairview,
Lanterman, Porterville, and Sonoma) and one smaller, community
facility (Canyon Springs) provide 24-hour care to about 1,700
individuals with developmental disabilities. The DCs provide a
full range of care, including medical and recreational
services.
DDS consumers work in a variety of settings. Those requiring
supported employment settings may participate in the
Habilitation Services Program which consists of the Work
Activity Program (WEP) and Supported Employment Program
(SEP). The WEP services are reimbursed at a daily per capita
rate and provide a sheltered work environment. Consumers
participating in SEP work in the community with support
services provided by community rehabilitation programs.
3)Related Legislation .
a) AB 254 (Beall), 2011, was substantially similar to this
bill but raised cost issues and was held on this
committee's suspense file. This bill addresses the cost
issues by removing the authorization for increased data
collection, changing the age of the consumer from 14 to 16,
and clarifying that this legislation is not intended to
expand the current entitlement contained in the Lanterman
Act.
b) AB 287 (Beall; Chapter 231, Statutes of 2009)
established the Employment First Committee as a standing
AB 2338
Page 3
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.
c) AB 2424 (Beall), 2008, would have established an
employment-first policy. Unlike this bill, AB 2424 also
made significant changes to the IPP process and imposed
responsibilities on regional centers and DDS related to the
development of materials, the provision of information, and
the conduct of IPP meetings. AB 2424 also addressed
non-employment-related integrated activities. AB 2424 was
held by the Senate Appropriations Committee.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081