Bill Text: CA SB1427 | 2015-2016 | Regular Session | Amended
Bill Title: Workforce development: developmentally disabled individuals.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1427 Detail]
Download: California-2015-SB1427-Amended.html
BILL NUMBER: SB 1427 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Pavley
FEBRUARY 19, 2016
An act to add Section 4850.4 to the Welfare and Institutions Code,
relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1427, as amended, Pavley. Workforce development:
developmentally disabled individuals.
Existing law, the Lanterman Developmental Disabilities Services
Act, authorizes the State Department of Developmental Services to
contract with regional centers to provide services and supports to
individuals with developmental disabilities. Existing law 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. Existing law
requires the department, contingent upon receiving federal financial
participation, to conduct a 4-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.
This bill would require, on or before July 1, 2017, the department
to establish a Work Transition Project with a process for regional
centers to allow well coordinated forms of integrated services using
allowable services under existing state and federal law and to assist
in the state's efforts to reach compliance with the federal Home and
Community-Based Services Waiver regulations. The bill would
authorize the department to waive certain regulations through the use
of modifications that maintain the purpose of the regulation while
allowing flexibility to expand activities and choices in service
program settings. The bill would set a maximum rate of $40 per hour
for vendors to provide needed job readiness and support services
aimed at individualized transition services for consumers currently
placed in work activity programs and other similar day services
related to work experience and work opportunities who choose to move
towards competitive integrated employment. The bill would require the
department to assess the decrease in change
in the amount of time that it takes a consumer under these
provisions , as compared to previous modes of service delivery,
to become job ready and to transition into an
integrated work a competitive integrated employment
setting and to report that information to the budget
committee and appropriate policy committees of
each house of the Legislature during the annual budget process.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature to ensure that
individuals with developmental disabilities who are earning income do
not lose their vocational opportunities and earning power due to
changes related to the home- and community-based services settings
rule due to the implementation of the Workforce Innovation
and Opportunity Act. rule.
(b) Individuals with developmental disabilities struggle to find
gainful employment. Unemployment among the people with developmental
disabilities has been estimated at more than 80 percent.
(c) California's Employment First Policy and changes to the
federal home- and community-based services settings rule require the
state to increase opportunities for individuals with developmental
disabilities to achieve competitive integrated employment.
(d) There are thousands of consumers today earning some income in
existing employment programs who are complying with current rules and
deserve specific attention during this transition period to ensure
they have the opportunity for, and access to, more integrated work
settings of their choice.
(e) In order to increase the self-sufficiency of adults with
developmental disabilities, including increased earning capacity and
reduced government benefit support, it is important that the state
implement a program to provide opportunities for individuals to
engage in job discovery and job readiness training to assist their
transition to more competitive integrated employment and to ensure
employment success.
(f) 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 adults with
developmental disabilities who currently work in less integrated work
activity programs and group supported employment earning less than
minimum wage. If this population is left without purposefully
designed pathways into more competitive integrated employment, these
adults will be at higher risk of public dependency throughout the
course of their lives.
SEC. 2. Section 4850.4 is added to the Welfare and Institutions
Code, to read:
4850.4. (a) (1) On or before July 1, 2017, the department shall
establish a Work Transition Project with a process for regional
centers to allow well coordinated forms of integrated services using
allowable services under existing state and federal law. The project
shall assist in the state's efforts to reach compliance with the
federal Home and Community-Based Services Waiver regulations by March
31, 2019.
(2) Well coordinated forms of integrated services approved under
the project shall be eligible to receive available funding
appropriated for transitioning programs toward compliance with the
federal Home and Community-Based Services Waiver regulations.
(b) (1) The department shall allow regional centers to increase
opportunities for consumers by customizing skill development and
employability programs, as appropriate, by partnering with work
activity programs and other similar day services related to work
experience and work opportunities to support those consumers who
choose to move towards competitive integrated employment.
(2) The rate shall be no more than an equivalent of forty dollars
($40) per hour for vendors to provide needed job readiness and
support services aimed at individualized transition services for
consumers currently placed in work activity programs and other
similar day services related to work experience and work
opportunities who choose to move towards competitive integrated
employment. Hours of participation in job readiness and support
services may be provided in addition to, or in lieu of, the hours of
participation in existing work activity programs and other similar
day services, as determined by the consumer's individual program
planning team.
(3) If necessary to provide flexibility from program requirements
that have the effect of social isolation and restricting community
integration activities, the department may waive certain regulations
through the use of modifications that maintain the purpose of the
regulation while allowing flexibility to expand activities and
choices in service program settings, including Sections 58820 and
58821 of Title 17, and Sections 82079 and 82087.2 of Title 22 of, the
California Code of Regulations.
(c) (1) The department shall allow regional centers to support
career pathway development by partnering with group supported
employment programs and other similar day services to support those
consumers who choose to move toward competitive integrated
employment.
(2) As determined by the consumer's individual program planning
team, additional job coaching hours at the current established rate
may be authorized to provide career pathway development to support
those consumers who choose to move toward competitive integrated
employment.
(d) The department shall assess the decrease in
change in the amount of time that it takes a consumer
under these provisions provisions, as
compared to previous modes of service delivery, to become job
ready and to transition into an integrated work
a competitive integrated employment setting. The department
shall report to the budget committee and
appropriate policy committees of each house of the Legislature
during the annual budget process regarding the use
implementation, use, and oversight of these provisions
and the measurable outcomes. assessed
outcomes related to job readiness and transition into competitive
integrated employment settings. Any report submitted pursuant
to this subdivision shall be submitted in compliance with Section
9795 of the Government Code.
