BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: AB 2338
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AUTHOR: Chesbro
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VERSION: May 17, 2012
HEARING DATE: June 26, 2012
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FISCAL: Yes
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CONSULTANT: Mareva Brown
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SUBJECT
Developmental services: Employment First Policy
SUMMARY
Requires each regional center planning team to consider a
specified Employment First Policy when developing an
individual program plan (IPP), and defines the terms
competitive employment, microenterprises and
self-employment for those purposes. Declares the intent of
the state that Employment First not infringe upon the
rights of individuals to make other choices, and requires
that this policy not be construed to expand the existing
entitlement. Makes other related changes.
ABSTRACT
Existing law
1. Establishes an entitlement to services for
individuals with developmental disabilities under the
Lanterman Developmental Disabilities Service Act and
authorizes the Department of Developmental Services to
contract with 21 nonprofit regional centers to provide
Continued---
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appropriate supports and services.
2. Defines the requirements for developing an IPP for
each consumer served by a regional center.
3. Requires the State Council on Developmental
Disabilities to form a standing Employment First
Committee to identify strategies and recommend
legislative, regulatory and policy changes to increase
integrated employment, self-employment and
microenterprises for individuals with developmental
disabilities, as specified.
This bill
1. Requires a regional center planning team to
consider the Employment First Policy, as specified,
when developing an individual program plan for a
transition age youth or working adult.
2. Defines competitive employment to mean work in the
competitive labor market that is performed on a
full-time or part-time basis in an integrated setting
and for which an individual is compensated at or above
the minimum wage, as specified.
3. Defines microenterprises to mean small businesses
owned by individuals with developmental disabilities
who have control and responsibility for decision
making and overseeing of the business, as specified,
and instructs that they may be considered integrated
competitive employment.
4. Defines self-employment to mean an employment
setting in which an individual works in a chosen
occupation, for profit or fee, in his or her own small
business, with control and responsibility for
decisions affecting the conduct of the business.
5. Declares that the intent of the state is that
opportunities for integrated, competitive employment
shall be given the highest priority for working age
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individuals with development disabilities, regardless
of the severity of their disabilities, and defines
this policy as the Employment First Policy.
6. Requires that implementation of the Employment
First Policy not infringe upon rights for individuals
with developmental disabilities, including the right
to make informed choices with respect to services and
supports through the IPP process.
7. Identifies integrated competitive employment as the
intended first option to be considered by planning
teams for working age individuals, but declares that
individuals may choose goals other than integrated
competitive employment.
8. Requires that this policy not be construed to
expand the existing entitlement to services for
individuals with developmental disabilities.
9. Requires that regional centers ensure that
consumers, beginning at 16 years of age, and, where
appropriate, their parents, legal guardians, or
conservators, are provided with information, in a
language that the consumer and, as appropriate, the
consumer's representative understand, to inform them
about:
a. The Employment First Policy
b. Options for integrated competitive
employment
c. Services and supports, including
postsecondary education, available to enable the
consumer to transition from school to work, and
to achieve the outcomes of obtaining and
maintaining integrated competitive employment.
10. Permits the Department of Developmental Services to
request information from regional centers on current
and planned activities related to the Employment First
Policy.
FISCAL IMPACT
The Assembly Appropriations Committee estimates that costs
should be minor and absorbable within existing resources.
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BACKGROUND AND DISCUSSION
Purpose of the bill
The author states that employment rates for people with
disabilities are far below the rate of the general public
and the employment rate for people with developmental
disabilities is even lower. According to the author,
"People with developmental disabilities are a greatly
under-utilized resource. Most people with developmental
disabilities are placed in segregated day programs or work
programs, including sheltered workshops. They typically
earn less than minimum wage and rarely learn job skills to
enable them to work in the competitive job market."
Pursuing a policy of employment first has been the subject
of prior state legislation and a required report by the
State Council on Developmental Disabilities, released in
2011. This bill adopts the language in that report which
proposes to define the state's Employment First Policy as
"integrated, competitive employment is the priority outcome
for working age individuals with developmental
disabilities." It defines certain key terms and requires
regional center planning teams to consider employment first
as they create IPP plans with consumers of working age.
Regional Center system
In California, approximately 250,000 individuals with
developmental disabilities are served by the state's 21
nonprofit regional centers which provide local services and
supports to meet the needs of each client. Another 1,700
receive services in one of the state's four Developmental
Centers, which typically provide services for individuals
with more significant physical or behavioral needs. One
tenant of the system is to provide services in the least
restrictive setting.
Employment
Employment of individuals with developmental disabilities
is a state and national priority. Historically in
California, DDS consumers have worked in a range of
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settings. Those requiring supported employment settings may
participate in the Work Activity Program, where services
are provided in a sheltered work environment and reimbursed
at a daily per capita rate. Consumers also may participate
in supported employment work in the community with support
services provided by on the job by community rehabilitation
programs.
However, people with developmental disabilities remain
significantly under-represented in the workforce. According
to the State Council on Developmental Disabilities, data
indicates that just 13% of working age individuals with
developmental and intellectual disabilities are in
competitive or supported employment.
This equates to an unemployment rate of 87% for people
with developmental and intellectual disabilities in
California, ranking California 41st in the nation for
the employment of this portion of our population.
(Policy 2010-02, SCDD)
In recent years, efforts have been made to move more
consumers into competitive or supported employment. AB 287
(Beall) 2009 required that the state establish an
Employment First" committee in the State Council on
Developmental Disabilities to identify strategies to
increase the number of people with developmental
disabilities who are employed and earning at least minimum
wage.
In August 2011, the council released an Employment First
Report outlining goals and objectives to improve integrated
employment outcomes. It includes interagency collaboration,
transition planning for students in secondary education,
obtaining and maintain employment and the impact of
employment on public benefits. The report notes that,
"Employment First is about focusing on real jobs, real
wages, and real business settings for individuals with
developmental disabilities to have the ability to
increase their income and benefits, accrue assets and
build wealth." (p. 4.)
Recommendations in the report are the subject of this bill.
Other attempts to mandate an employment first policy have
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been held in Appropriations committees. This bill attempts
to fix those issues by being less prescriptive of regional
center case manager duties and of the data DDS may request
from regional centers about the program.
Related legislation
AB 254 (Beall 2011) was substantially similar to this bill
but was held in the Assembly Appropriations Committee.
This bill attempts to address the cost issues as well as
other concerns with AB 2548.
AB 287 (Beall), Chapter 231, Statutes of 2009, established
the Employment First Committee as a standing committee of
SCDD 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 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 in the Senate Appropriations Committee.
SB 1270 (Chesbro), Chapter 397, Statutes of 2006,
established a process to receive public input on ways to
expand opportunities for people with developmental
disabilities in the areas of employment and community
participation. A resulting May 2007 Report to the
Legislature and the Governor, prepared by SCDD, included
recommendations for improvements to the transition services
planning process for students and recommended policies and
initiatives to expand employment opportunities for people
with developmental disabilities.
Comments
This bill is silent on the responsibility of educational
institutions in preparing transition age youth for adult
activities. Staff suggests adding the following language to
ensure that this bill does not unintentionally alleviate
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schools of their share of responsibility:
4869. (a)
(5) Nothing in this chapter shall alleviate schools of
their responsibility to provide transition services to
individuals with developmental disabilities.
PRIOR VOTES
Assembly Floor: 49 - 27
Assembly Appropriations:12 - 4
Assembly Human Services: 4 - 2
POSITIONS
Support: The Arc and United Cerebral Palsy in
California
Developmental Disabilities Area Board 10
State Council on Developmental Disabilities
Oppose: None received
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