BILL ANALYSIS �
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THIRD READING
Bill No: SB 577
Author: Pavley (D)
Amended: 1/6/14
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/23/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : 6-0, 1/23/14
AYES: De Le�n, Gaines, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters
SUBJECT : Autism and other developmental disabilities:
employment
SOURCE : Author
DIGEST : This bill requires the development and semiannual
review of a plan, as specified, if community-based prevocational
services are determined to be a necessary step to achieve a
supported employment outcome for adult consumers of Regional
Centers. Establishes an hourly rate for community-based
prevocational services of $40 per hour for a maximum of 75 hours
per calendar quarter for all services identified and provided in
the plan. Makes various related legislative findings and
declarations.
ANALYSIS :
Existing law:
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1.Establishes the Lanterman Developmental Disabilities Services
Act which authorizes the Department of Developmental Services
(DDS) to contract with Regional Centers to provide services
and support to individuals with developmental disabilities,
including autism.
2.Governs the habilitation services provided for adult consumers
of Regional Centers, including work activity programs, as
described, and establishes an hourly rate for supported
employment services provided to consumers receiving
individualized services.
This bill:
1.Makes the following legislative findings:
A. Individuals with developmental disabilities have to
struggle to find gainful employment. Unemployment amongst
the developmentally disabled population is approximately
80%.
B. Within the developmentally disabled community, autism is
the fastest growing population, making up approximately 50%
of the annual new caseload of Regional Centers in some
parts of the state.
C. One in three adults with autism do not have paid work
experience or a college or technical education seven years
after leaving the K-12 school system.
D. In order to increase the self-sufficiency of young
adults with autism and other developmental disabilities,
including increased earning capacity and reduced government
benefit support, it is important that the state implement a
program to provide individualized skills assessment, social
cue training, and specific support to ensure their academic
and employment success.
E. The Governor and the Legislature must address the
growing need for new models of assessment, career training,
and expanding employment opportunities and support options
for young adults with autism and other developmental
disabilities between 18 and 30 years of age. If this
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population is left without purposefully designed pathways
into employment, these young adults will remain at high
risk of public dependency throughout the course of their
lives.
1.Declares legislative intent that in order to increase
effectiveness and opportunity to gain meaningful employment
opportunities, habilitation services shall also provide
community-based prevocational services to enhance community
employment readiness, develop social skills necessary for
successful community employment, and build a network of
community and employment opportunities for individuals with
developmental disabilities.
2.Defines "Community-based prevocational services" to mean:
A. Services provided to enhance community employment
readiness, which may include the use of discovery and job
exploration opportunities;
B. Social skill development services necessary to obtain
and maintain community employment;
C. Services to use internship, apprenticeship, and
volunteer opportunities to provide community-based
prevocational skills development opportunities;
D. Services to access and participate in postsecondary
education or career technical education; and
E. Building a network of community and employment
opportunities.
1.Requires, if community-based prevocational services are
determined to be a necessary step to achieve a supported
employment outcome, a plan to be developed and may include,
but is not limited to, all of the following:
A. An inventory of potential employment interests;
B. Preferences for types of work environments or
situations;
C. Identification of any training or education needed for
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the consumer's desired job;
D. Opportunities to explore jobs or self-employment as a
means to meet the consumer's desired employment outcome;
and
E. Identification of any personal or family networks the
consumer may use to achieve his/her desired employment
outcomes.
1.Requires the habilitation service provider and the Regional
Center to review the plan developed pursuant to these
provisions semiannually to document progress towards
objectives, additional barriers, and other changes that impact
the consumer's desired employment outcome.
2.Requires the hourly rate for community-based prevocational
services to be $40 per hour for a maximum of 75 hours per
calendar quarter for all services identified and provided in
the community-based prevocational plan as developed pursuant
to these provisions.
Background
Employment first efforts . In 2009, the Legislature and Governor
Schwarzenegger required that the Council on Developmental
Disabilities (CDD) establish a standing Employment First
Committee to identify strategies, best practices, and
incentives, and to develop an Employment First Policy. The goal
of the policy was to increase the number of people with
developmental disabilities who are employed in integrated work,
self-employment, and microenterprises, and in the number earning
wages at or above minimum wage. The CDD also is required to
provide an annual report to the Legislature outlining its work
and making recommendations.
In 2011, the CDD released its first report which included
findings that 26.5% of working age adults with developmental
disabilities lives below the federal poverty line compared with
13% of same-aged adults in the general population. Other
findings included a need for additional supports for individuals
to prepare for and maintain employment. That report, and a
subsequent report last year, prompted a number of legislative
efforts to require regional centers to adopt an "employment
first" philosophy when assessing individuals for services, as
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well as other efforts.
Prior/related legislation
AB 287 (Beall, Chapter 231, Statutes of 2009) established an
Employment First Committee, which has led to the CDD to put
together an Employment First policy, the intended outcome of
which is a significant increase in the number of people with
developmental disabilities who are employed earning wages at or
above minimum wage.
AB 1041 (Chesbro, 2013) requires Regional Centers to ensure that
consumers, beginning at 16 years of age, are provided with
information about options for integrated competitive employment
and other services 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.
AB 954 (Mainenschein, 2013) increases the hourly rate paid to
providers of individualized and group-supported employment
services from $30.82 to $34.24 and the fees paid to the interim
program providers from $360 or $720 to $400 and $800,
respectively.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
According to the Senate Appropriations Committee:
One-time costs up to $150,000 for program development by DDS
(General Fund).
Likely ongoing costs in the tens of millions per year to
provide pre-vocational services (General Fund and federal
funds). The new service category the bill creates is designed
to improve the employability of developmentally disabled
consumers. It is likely that most consumers who desire to use
the new services will continue to need their existing services
(such as day programs or work activity programs). Depending
on the share of regional center consumers who utilize the new
service category, the costs could vary considerably. For
example, if 10% of consumers in work activity programs, and
look alike programs use the new services, annual costs would
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be about $30 million per year.
Potential ongoing annual savings in the millions to tens of
millions per year (General Fund and federal funds). To the
extent that the new service category created in the bill
improves the employment prospects of regional center
consumers, it is likely that consumers will shift from more
expensive day programs and work activity programs to less
expensive supported employment programs (wherein consumers are
employed in the community, with ongoing assistance from
regional center vendors). For example, if 50% of program
participants are able to shift to supported employment, annual
savings will be about $4 million per year. Note the costs for
a regional center consumer using the new services will likely
only occur for the first year or two, whereas savings will
continue as long as the consumer stays in supported
employment, thus the savings will increase over time while
program costs are likely to remain relatively flat.
SUPPORT : (Verified 1/23/14)
Alameda County Board of Supervisors
California State Council on Developmental Disabilities
California Federation of Teachers
Center for Autism & Related Disorders
Developmental Disabilities Area Board 10
Disability Rights California
East Bay Developmental Disabilities Legislative Coalition
East Bay Innovations
Easter Seals California
Futures Explored, Inc.
National Assn of Social Workers- CA Chapter
Service Employees International Union California
The Alliance Supporting People with Intellectual and
Developmental Disabilities
The Arc and Cerebral Palsy California Collaboration
ARGUMENTS IN SUPPORT : The Arc and United Cerebral Palsy
California Collaboration writes, "People with intellectual and
all developmental disabilities, certainly including autism, have
one of the lowest employment rates and thus among the lowest
incomes in California. This bill expands employment
opportunities in the community without jeopardizing the
specialized employment programs run by disability service
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providers that remain the only real employment opportunity for
some people with disabilities."
JL:ke 1/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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