BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 577
Author: Pavley (D), et al.
Amended: 8/21/14
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
SENATE FLOOR : 32-0, 1/28/14
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Evans, Fuller, Galgiani,
Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno,
Liu, Monning, Padilla, Pavley, Roth, Steinberg, Torres, Vidak,
Wolk, Wyland, Yee
NO VOTE RECORDED: Gaines, Knight, Lieu, Mitchell, Nielsen,
Walters, Wright, Vacancy
ASSEMBLY FLOOR : 78-1, 8/25/14 - See last page for vote
SUBJECT : Autism and other developmental disabilities:
employment
SOURCE : California Disability Services Association
State Council on Developmental Disabilities
DIGEST : This bill requires the Department of Developmental
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Services (DDS), contingent upon receiving federal financial
participation, to conduct a four-year demonstration project to
determine whether community-based vocational development
services will increase employment outcomes for consumers and
reduce purchase of service costs for working age adults, as
specified. This bill requires the development and semiannual
review of a plan, as specified, if community-based vocational
development services are determined to be necessary. This bill
establishes an hourly rate for community-based vocational
development services for all services identified and provided in
the plan. This bill requires DDS to publish a notice on their
Internet Web site when the demonstration project has been
implemented, and to make determinations and notify the
Legislature concerning the project's effectiveness, as
specified, at the project's conclusion. This bill establishes a
sunset date of January 1, 2025.
Assembly Amendments (1) add co-authors; (2) add to the
legislative findings and declarations; (3) establish various
definitions; (4) establish a sunset date; (5) require DDS to
conduct a four-year demonstration project, as specified; and (6)
require DDS to publish specified information on their Internet
Web site.
ANALYSIS :
Existing law:
1. Establishes the Lanterman Developmental Disabilities
Services Act which authorizes 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. Declares legislative findings pertaining to the difficulties
individuals with developmental disabilities experience when
seeking employment and the need to adequately assess the
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skills and needs of individuals with developmental
disabilities who are seeking jobs in order to promote
employment success, as specified.
2. States the intent of the Legislature that in order to
increase effectiveness and opportunity to gain meaningful
integrated competitive employment opportunities pursuant to
the state's Employment First Policy, habilitation services
shall also provide community-based vocational development
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.
3. Requires DDS to conduct a four-year demonstration project in
five Regional Centers, as specified, to determine whether
community-based vocational development services increase
integrated competitive employment outcomes and reduce
purchase of service costs for working age adults receiving
Regional Center services.
4. Provides that the pilot will only be implemented to the
extent federal financial participation is obtained, as
specified, and requires DDS to notify the Legislature of its
findings regarding the effectiveness of community-based
vocational development services upon the conclusion of the
pilot.
5. Defines community-based vocational development services as
all of the following:
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
vocational development skills development opportunities;
D. Services to access and participate in postsecondary
education or career technical education; and
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E. Building a network of community and employment
opportunities.
1. Requires the development of a community-based vocational
development services plan, as specified, if such services are
deemed necessary to help a person with a developmental
disability achieve a supported employment outcome.
2. Requires the habilitation service provider and the Regional
Center to review the plan for community-based vocational
services semiannually, as specified.
3. Authorizes hours of participation in community-based
vocational development services to be provided in lieu of
hours of participation in other community-based day program
services for up to two years and provides that such services
can be authorized for up to an additional two years if the
consumer is making significant progress toward his or her
habilitation services objectives, as specified.
4. Establishes, for purposes of the pilot, a new $40 per hour
rate for the provision of services identified in a consumer's
community-based vocational development services plan for a
maximum of 75 hours per calendar quarter.
5. Requires DDS to secure federal Medicaid funding prior to the
implementation of community-based vocational development
services.
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.
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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
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 Assembly Appropriations Committee:
1. Minor and absorbable costs to DDS to administer and evaluate
the project.
2. If community-based vocational development services are
implemented statewide at some future date, unknown, potential
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short-term costs ranging from $0 to $9,400 (General Fund and
federal funds) per consumer to the extent that those who use
community-based vocational development services at the new
$40 per hour rate will be using less of some other less
costly service. Exact costs will depend on how many
consumers use the new services and what services they were
previously using.
3. In the long term, if the intended outcomes of enhancing
employment opportunities and reducing purchase of service
costs are achieved, there will be cost savings over time
because more consumers will move from the more expensive day
programs into the less expensive supported employment
programs.
SUPPORT : (Verified 8/26/14)
California Disability Services Association (co-source)
State Council on Developmental Disabilities (co-source)
Alameda County Board of Supervisors
Autism Society Los Angeles
Autism Society San Diego
California Federation of Teachers
Center for Autism and Related Disorders
Developmental Disabilities Area Board 10
Disability Rights California
Disability Rights Education and Defense Fund
East Bay Developmental Disabilities Legislative Coalition
East Bay Innovations
Easter Seals California
Family Resource Network of Alameda County
Friends of Children with Special Needs
Futures Explored, Inc.
Jay Nolan Community Services
National Association of Social Workers - California Chapter
PathPoint
SEIU California
The Alliance Supporting People with Intellectual and
Developmental Disabilities
The Arc and United 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
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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
providers that remain the only real employment opportunity for
some people with disabilities."
ASSEMBLY FLOOR : 78-1, 8/25/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber,
Wieckowski, Wilk, Williams, Yamada, Atkins
NOES: Donnelly
NO VOTE RECORDED: Vacancy
JL:k 8/26/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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