Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law requires the department to conduct competitive examinations to determine eligibility for appointment under LEAP and to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified.

This bill would permit a person with a developmental disability to either complete a written examination or readiness evaluation or an internship, as specified, to qualify for service under LEAP. The bill would require that the use of an internship as a competitive examination in this context consist of a successful completion of an internship with a state agency of not less than 512 hours in duration and a specified certification by the agency. The bill would require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would require the department to create that internship program in coordination with the State Department of Developmental Services and the Department of Rehabilitation, as specified. The bill would require a state agency that provides the internship or appoints a person with a developmental disability to a position under LEAP to allow that person to receive on-the-job support. The bill would authorize an agency to finance the internship or position with personnel funds or other available funds assigned to a vacant or unfilled position, as specified, but would provide that on-the-job support services are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. The bill would specify that LEAP is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the State Personnel Board. The bill would repeal these provisions on January 1, 2021.

Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law requires the department to conduct competitive examinations to determine eligibility for appointment under LEAP and to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified.

This bill would permit a person with a developmental disability to either complete a written examination or readiness evaluation or an internship, as specified, to qualify for service under LEAP. The bill would require that the use of an internship as a competitive examination in this context consist of a successful completion of an internship with a state agency of not less than 512 hours in duration and a specified certification by the agency. The bill would require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would require the department to create that internship program in coordination with the State Department of Developmental Services and the Department of Rehabilitation, as specified. The bill would require a state agency that provides the internship or appoints a person with a developmental disability to a position under LEAP to allow that person to receive on-the-job support. The bill would authorize an agency to finance the internship or position with personnel funds or other available funds assigned to a vacant or unfilled position, as specified, but would provide that on-the-job support services are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. The bill would specify that LEAP is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the State Personnel Board. The bill would repeal these provisions on January 1, 2021.

Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law authorizes the department to conduct competitive examinations to determine eligibility for appointment under LEAP and requires the department to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified.

This bill would permit a person with a developmental disability to either complete a written examination or readiness evaluation or an internship, as specified, to qualify for service under LEAP. The bill would require that the use of an internship as a competitive examination in this context consist of a successful completion of an internship with a state agency of not less than 512 hours in duration and a specified certification by the agency. The bill would require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would require the department to create that internship program in coordination with the State Department of Developmental Services and the Department of Rehabilitation, as specified. The bill would authorize require a state agency that provides the internship or appoints a person with a developmental disability to a position under LEAP to allow that person to receive on-the-job support and support. The bill would authorize an agency to finance the internship or position with personnel funds or other available funds assigned to a vacant or unfilled position, as specified, but would provide that on-the-job support services are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. The bill would specify that LEAP is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the State Personnel Board. The bill would repeal these provisions on January 1, 2021.

Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law authorizes the department to conduct competitive examinations to determine eligibility for appointment under LEAP and requires the department to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified.

This bill would preclude an examination for permit a person with a developmental disability from including to either complete a written examination or readiness evaluation and would, instead, require that the competitive examination consist of an or an internship, as specified, to qualify for service under LEAP. The bill would require that the use of an internship as a competitive examination in this context consist of a successful completion of an internship with a state agency that is of not less than 512 hours in duration and a specified certification by the agency. The bill would require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would require the department to create that internship program in coordination with the State Department of Developmental Services and the Department of Rehabilitation, as specified. The bill would authorize a state agency that provides the internship or appoints a person with a developmental disability to a position under LEAP to allow that person to receive on-the-job support and finance the internship or position with personnel funds or other available funds assigned to a vacant or unfilled position, as specified, but would provide that on-the-job support services are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. The bill would specify that LEAP is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the State Personnel Board.

Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law authorizes the department to conduct competitive examinations to determine eligibility for appointment under LEAP and requires the department to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified.

This bill would preclude an examination for a person with a developmental disability from including a written examination or readiness evaluation and would, instead, require that the competitive examination consist of an internship with a state agency that is not less than 1,024 512 hours in duration and require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would require the department to create that internship program in coordination with the State Department of Developmental Services and the Department of Rehabilitation, as specified. The bill would also authorize a state agency that provides the internship or appoints a person with a developmental disability to a position under LEAP to allow that person to receive on-the-job support and finance the internship or position with personnel funds or other available funds assigned to a vacant or unfilled position, as specified. specified, but would provide that on-the-job support services are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. The bill would specify that LEAP is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the State Personnel Board.

Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law authorizes the department to conduct competitive examinations to determine eligibility for appointment under LEAP and requires the department to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified.

This bill would require the competitive examination for a person with an intellectual or developmental disability, as defined, to consist of a competitive preclude an examination for a person with a developmental disability from including a written examination or readiness evaluation and would, instead, require that the competitive examination consist of an internship with a state agency that is not less than 1,024 hours in duration and require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would also authorize a state agency that provides the internship or appoints a person with an intellectual or a developmental disability to a position under LEAP to allow that person to receive on-the-job support and finance the internship or position with personnel funds assigned to a vacant or unfilled position, as specified.

Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law authorizes the department to conduct competitive examinations to determine eligibility for appointment under LEAP and requires the department to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified.

This bill would require the competitive examination for a person with an intellectual or developmental disability, as defined, to consist of a competitive internship with a state agency that is not less than 1,024 hours in duration and require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would also authorize a state agency that provides the internship or appoints a person with an intellectual or developmental disability to a position under LEAP to allow that person to receive on-the-job support and finance the internship or position with personnel funds assigned to a vacant or unfilled position, as specified.

 UNFINISHED BUSINESS  

Bill No: SB 644

Author: Hancock (D)

Amended: 8/28/15

Vote: 21

SENATE PUBLIC EMP. & RET. COMMITTEE: 5-0, 4/13/15

AYES: Pan, Morrell, Beall, Fuller, Hall

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SENATE FLOOR: 40-0, 6/2/15

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

ASSEMBLY FLOOR: 80-0, 9/2/15 - See last page for vote

SUBJECT: Limited Examination and Appointment Program: persons with developmental disabilities

SOURCE: East Bay Innovations

Futures Explored, Inc.

DIGEST: This bill amends provisions of the state’s Limited Examination and Appointment Program (LEAP) to allow developmentally disabled individuals to compete for state jobs by performing internships in the desired positions instead of taking a traditional written exam or readiness evaluation. These changes will sunset on January 1, 2021.

Assembly Amendments 1) allow a developmentally person to choose to either take a traditional written examination or to perform an internship, and 2) require that the changes to LEAP created by this bill shall sunset on January, 1, 2021, and statutes will revert to existing law.

ANALYSIS:

Existing law:

1. Establishes LEAP in the state civil service, which provides an alternative to the traditional civil service exam and appointment process in order to allow a disabled individual to compete for a position in state service by proving eligibility and meeting other specified criteria.

2. Defines “disability” for the purpose of the LEAP program to be consistent with the definition of “disability” found in state laws governing fair employment and housing and the federal Americans with Disabilities Act.

3. Establishes the Department of Human Resources (CalHR) as the state department with responsibility over administration of the LEAP program and gives CalHR discretion in creating eligibility criteria for participation in LEAP, examination techniques, and appointment and appeal procedures.

4. Requires, in the state civil service, that applicants meet minimum qualifications and undergo a competitive process before being appointed to a position and, in general, creates ranked hiring lists based on the competitive application process from which state employers may choose eligible candidates.

5. Requires, under LEAP, that candidates are first certified as disabled and meet certain minimum qualifications, which may be ascertained through written examination, before being placed on a referral list. CalHR then refers the names of eligible candidates to agencies that are seeking employees for LEAP-eligible positions.

6. Requires that LEAP employees are appointed on a temporary and provisional basis to allow them to demonstrate their abilities to perform the duties of their positions during a period of time known as the job examination period. During this time, LEAP employees do not acquire permanent civil service status but receive the same salaries and benefits provided to other temporary state employees.

7. Allows, upon successful completion of the job examination period, the employing department to appoint the LEAP employee to an appropriate civil service position.

8. Creates a process for LEAP candidates and employees to appeal in situations in which CalHR refuses to certify the employee’s eligibility to participate in LEAP or the individual is rejected during the application, selection, or job examination period, or is denied reasonable accommodation.

9. Establishes the Lanterman Developmental Disabilities Services Act, which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life to support their integration into the mainstream life of the community.

10. Establishes a system of nonprofit “regional centers” to provide fixed points of contact in the community for all persons with developmental disabilities and their families to coordinate services and supports best suited to them throughout their lifetimes.

11. Requires that the state make available the expertise of state employees and programs to support the employment-related needs of individuals with disabilities, as specified, including ensuring that state government is a model employer of individuals with disabilities.

12. Creates a statewide Employment First Policy, prioritizing opportunities for integrated competitive employment for working-age individuals with developmental disabilities, regardless of the severity of their disabilities.

This bill:

1. Makes findings and declarations with regard to persons with developmental disabilities and their difficulty in obtaining employment.

2. Finds that the state hiring process for LEAP is not well suited to correctly assess the qualifications and abilities of developmentally disabled persons due to initial assessments based on written testing rather than performance-based testing.

3. Declares the intent of the Legislature to target model employer practices toward persons with developmental disabilities who are between 18 and 30 years of age and deemed eligible by the Department of Rehabilitation (DOR) to receive supportive employment services.

4. Expands the definition of “disability” to include a person with a developmental disability that the Department of Developmental Services (DDS) deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act and who is a consumer of a regional center pursuant to the Lanterman Act.

5. Specifies that CalHR, consistent with State Personnel Board rules, shall be responsible for the creation of the LEAP internship program for developmentally disabled persons in coordination with DDS and DOR.

6. Specifies that LEAP is a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant, except as specifically directed by the State Personnel Board.

7. Requires CalHR to permit a person with a developmental disability to choose to either take or pass a written examination or readiness evaluation in order to qualify for service in a LEAP position, or to complete an internship, as specified, instead.

8. Specifies that the use of an internship as a competitive exam shall consist of both of the following: a) successful completion of an internship with a state agency of not less than 512 hours in duration, and b) certification from the employing agency that the individual has completed the internship and demonstrated the knowledge, skills, and abilities necessary to successfully perform the duties of the position.

9. Specifies that a person with a developmental disability who successfully completes the written exam or internship, as required, shall be determined to meet the minimum qualifications for the position in which the internship was performed.

10. Specifies that successful completion of the LEAP internship, upon certification of the appointing power, shall be considered as meeting the referral requirements necessary for an examination appointment without being required to pass a written examination or readiness evaluation.

11. Allows the LEAP internship program to be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget.

12. Requires CalHR to refer the names of persons with developmental disabilities who meet eligibility criteria to appointing powers for LEAP internship appointments.

13. Allows CalHR to refer the name of a developmentally disabled person who has successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the internship was successfully completed.

14. Gives CalHR discretion as to the method for referring names, including working with agencies to identify positions that could successfully be filled by persons with developmental disabilities.

15. Allows a state agency that provides a LEAP internship to a person with a developmental disability to finance the internship with personnel or other funds assigned to a vacant or unfilled position and specifies that doing so does not eliminate the vacant or unfilled position, and that the funds may later be reassigned to the unfilled position.

16. Requires a state agency that provides a LEAP internship to a person with a developmental disability to allow the person to receive on-the-job supportive services, as specified, as a reasonable accommodation.

17. Clarifies that on-the-job supportive services may consist of time spent with a job coach who assists the developmentally disabled person, as specified, and states that services of the job coach are not the responsibility of the state agency providing the internship unless the state agency is a direct payor of those services.

18. Specifies that in order for the internship to meet the minimum qualifications of the desired position, it must be successfully completed in that same position.

19. Specifies that if a job examination period is required prior to permanently hiring a qualified developmentally disabled individual, the hiring agency may apply some or all of the internship hours performed to meet some or all of the job examination period requirement.

20. Specifies that on-the-job supportive services are allowable to the extent authorized by other state programs and are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process.

21. Contains provisions to sunset these changes as of January 1, 2021, and to return the affected statutes to existing law.

Background

LEAP. The current process for LEAP eligibility is as follows: an individual is certified as disabled by DOR. The individual must then meet minimum qualifications (MQs) for the LEAP position (only certain state classifications are LEAP qualified). The MQs are met by successful completion of a written (often online) exam or readiness evaluation. Once the MQs are met, the LEAP applicant’s name is placed on an unranked hiring list that is available to any state agency that has LEAP positions available and is seeking LEAP candidates. The hiring authority may then contact individuals on the list for interviews and job placements.

The LEAP candidate then serves a job examination period that is typically nine months in length but can be longer. Upon successful completion of the job examination period, the LEAP employee may then be appointed to a permanent state position. Then the employee must also serve the traditional six-month probationary period before becoming a permanent state civil service employee.

Regional Centers. California's 21 nonprofit regional centers are part of a system of care for individuals with developmental disabilities overseen by DDS. Each regional center provides local services and support to individuals through contracts with DDS, including diagnosis and assessment of eligibility as well as planning, providing access to, and coordinating the services and supports that are needed. Regional center participants are referred as “consumers.” Services for consumers are determined through individual program plans.

Prior Legislation

AB 1041 (Chesbro, Chapter 667, Statutes of 2014) created a statewide Employment First Policy and sets forth requirements related to the inclusion of employment opportunities and services in a regional center participant's individual program plan.

AB 287 (Beall, Chapter 231, Statutes of 2009) established the Employment First Committee as a standing 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.

AB 925 (Aroner, Chapter 1088, Statutes of 2002) required, in addition to other measures intended to bring adults with disabilities into gainful employment, that the state government become a model employer of individuals with disabilities.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee:

1. Unknown, potentially substantial General and Special Fund costs to state agencies, in excess of $150,000, to provide internships in lieu of examinations or evaluations; potentially significant GF administrative costs to CalHR.

2. Unknown, potentially significant cost savings to state agencies that are able to use free or low-paid interns to temporarily fill otherwise salaried positions.

SUPPORT: (Verified 9/2/15)

East Bay Innovations (co-source)

Futures Explored, Inc. (co-source)

Ala Costa Centers

Alameda County Developmental Disabilities Planning and Advisory Council

Arc of California

Association of Regional Center Agencies

California Disabilities Services Association

Cerebral Palsy Center for the Bay Area

East Bay Development Disabilities Legislative Coalition

United Cerebral Palsy California Collaboration

Two individuals

OPPOSITION: (Verified 9/2/15)

None received

ARGUMENTS IN SUPPORT:

According to the author:

Currently, 92% of Californians with intellectual disabilities of working age are jobless. Unemployment for adults with ID/DD [i.e., intellectual/ developmental disabilities] is chronic and severe nationwide. Less than 5 % of young adults with ID/DD leave K12 and go directly into employment and less than 30 % go into post-secondary or career technical education. If young people with ID/DD exiting K12 education are not connected to employment they tend to rely on public benefits and services their entire lives.

LEAP is often not an effective alternative to the standard civil service examination for individuals with ID/DD because it relies on a written test to initially evaluate candidates. Many people with ID/DD can successfully be employed in jobs involving complex tasks but need time and customized training to learn the job. Written tests are not a valid measure of their abilities.

Several states have adopted “model employer” practices to ensure that people with ID have access to state employment opportunities. Being a model employer will enable the State to demonstrate to other public sector and to private sector employers how to unlock the potential of this untapped workforce.

Alameda and Santa Clara Counties use a similar method of allowing successful job performance after adequate time on the job to become the “test” for civil service purposes for workers with ID/DD to become public employees.

According to the sponsors, the current LEAP structure, because it relies on written tests to initially evaluate candidates, “often precludes individuals with intellectual and developmental disabilities from accessing the program.”

“SB 644 would allow an individual with an intellectual or developmental disability to successfully complete an internship at a state agency with a minimum of 1024 hours, in lieu of a readiness evaluation as currently required by LEAP. The internship would be used to evaluate whether that individual is eligible for state civil service employment.”

Futures Explored notes that they support over 300 individuals engaged in the workforce to some degree. “We have found that internship/apprenticeship type programs have allowed our folks to get jobs that would have historically been viewed as beyond their capabilities if only a test or interview were used.”

ASSEMBLY FLOOR: 80-0, 9/2/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

Prepared by: Pamela Schneider / P.E. & R. / (916) 651-1519

9/2/15 18:10:10

**** END ****

SENATE THIRD READING

STR Bill Id:SB 644

Author:(Hancock)

As Amended Ver:August 28, 2015

Majority vote

SENATE VOTE: 40-0

SUMMARY: Permits, beginning on or after January 1, 2016, and until January 1, 2021, a person with a developmental disability to elect to complete an internship in lieu of the current written examination or readiness evaluation in order to qualify for civil service employment under the Limited Examination and Appointment Program (LEAP). Specifically, this bill:

1. Makes findings and declarations with regard to persons with developmental disabilities and their difficulty in obtaining employment.

2. Finds that the state hiring process for LEAP is not well suited to correctly assess the qualifications and abilities of developmentally disabled persons due to initial assessments based on written testing rather than performance-based testing.

3. Declares the intent of the Legislature to target model employer practices toward persons with developmental disabilities who are between 18 and 30 years of age and deemed eligible by the Department of Rehabilitation (DOR) to receive supportive employment services.

4. Defines "developmental disability" for purposes of these provisions as having the same definition as it does in the Welfare and Institutions Code.

5. Defines "LEAP" as the Limited Examination and Appointment Program implemented and administered by the California Department of Human Resources (CalHR).

6. Defines "person with a developmental disability" as a person that the Department of Developmental Services (DDS) deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act and who is a consumer of a regional center pursuant to the Lanterman Act.

7. Specifies that CalHR, consistent with State Personnel Board (SPB) rules, is responsible for the creation of the LEAP internship program for developmentally disabled persons in coordination with DDS and DOR.

8. Specifies that LEAP is a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant, except as specifically directed by the SPB.

9. Requires CalHR to permit a person with a developmental disability to complete an internship with a state agency, as specified, in lieu of taking or passing a written examination or readiness evaluation in order to qualify for service in a LEAP position.

10. Specifies that a person with a developmental disability who successfully completes the examination or internship, as required, will be deemed to meet the minimum qualifications for the position in which the internship was performed.

11. Requires the length of the LEAP internship to be for a minimum period of 512 working hours and to be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which the person seeks appointment.

12. Specifies that successful completion of the LEAP internship, upon certification of the appointing power, will be considered as meeting the referral requirements necessary for an examination appointment without being required to pass a written examination or readiness evaluation.

13. Allows the LEAP internship program to be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget.

14. Requires CalHR to refer the names of persons with developmental disabilities to appointing powers for LEAP internship appointments.

15. Allows CalHR to refer the name of a developmentally disabled person who has successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the internship was successfully completed.

16. Gives CalHR discretion as to the method for referring names, including working with agencies to identify positions that could successfully be filled by persons with developmental disabilities.

17. Allows a state agency that provides a LEAP internship to a person with a developmental disability to finance the internship with personnel or other funds available for this purpose and assigned to a vacant or unfilled position and specifies that doing so does not eliminate the vacant or unfilled position, and that the funds may later be reassigned to the unfilled position.

18. Requires that a state agency that provides a LEAP internship to a person with a developmental disability allow the person to receive on-the-job supportive services, as specified, as a reasonable accommodation.

19. Clarifies that on-the-job supportive services may consist of time spent with a job coach who assists the developmentally disabled person, as specified, and states that services of the job coach are not the responsibility of the state agency providing the internship unless the state agency is a direct payor of those services.

20. Specifies that in order for the internship to meet the minimum qualifications of the desired position, it must be successfully completed in that same position.

21. Specifies that if a job examination period is required prior to permanently hiring a qualified developmentally disabled person, the hiring agency may apply some or all of the internship hours performed to meet some or all of the job examination period requirement.

22. Specifies that on-the-job supportive services are allowable to the extent authorized by other state programs and are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process.

23. Specifies that the provisions of this bill sunset on January 1, 2021.

EXISTING LAW:

1. Establishes LEAP in the state civil service, which provides an alternative to the traditional civil service exam and appointment process in order to allow a disabled individual to compete for a position in state service by proving eligibility and meeting other specified criteria.

2. Defines "disability" for the purpose of the LEAP program to be consistent with the definition of "disability" found in state laws governing fair employment and housing and the federal Americans with Disabilities Act.

3. Establishes CalHR as the state department with responsibility over administration of the LEAP program and gives CalHR discretion in creating eligibility criteria for participation in LEAP, examination techniques, and appointment and appeal procedures.

4. Requires, in the state civil service, that applicants meet minimum qualifications and undergo a competitive process before being appointed to a position and, in general, creates ranked hiring lists based on the competitive application process from which state employers may choose eligible candidates.

5. Requires, under LEAP, that candidates are first certified as disabled and meet certain minimum qualifications, which may be ascertained through written examination, before being placed on a referral list. CalHR then refers the names of eligible candidates to agencies that are seeking employees for LEAP-eligible positions.

6. Requires that LEAP employees are appointed on a temporary and provisional basis to allow them to demonstrate their abilities to perform the duties of their positions during a period of time known as the job examination period. During this time, LEAP employees do not acquire permanent civil service status but receive the same salaries and benefits provided to other temporary state employees.

7. Allows, upon successful completion of the job examination period, the employing department to appoint the LEAP employee to an appropriate civil service position.

8. Creates a process for LEAP candidates and employees to appeal in situations in which CalHR refuses to certify the employee's eligibility to participate in LEAP or the individual is rejected during the application, selection, or job examination period, or is denied reasonable accommodation.

9. Establishes the Lanterman Developmental Disabilities Services Act, which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life to support their integration into the mainstream life of the community.

10. Establishes a system of nonprofit "regional centers" to provide fixed points of contact in the community for all persons with developmental disabilities and their families to coordinate services and supports best suited to them throughout their lifetimes.

11. Requires that the state make available the expertise of state employees and programs to support the employment-related needs of individuals with disabilities, as specified, including ensuring that state government is a model employer of individuals with disabilities.

12. Creates a statewide Employment First Policy, prioritizing opportunities for integrated competitive employment for working-age individuals with developmental disabilities, regardless of the severity of their disabilities.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Unknown, potentially substantial General and Special Fund costs to state agencies, in excess of $150,000, to provide internships in lieu of examinations or evaluations; potentially significant General Fund administrative costs to CalHR.

2. Unknown, potentially significant cost savings to state agencies that are able to use free or low-paid interns to temporarily fill otherwise salaried positions.

COMMENTS: According to the author, "Currently, 92% of Californians with developmental disabilities of working age are jobless. Unemployment for adults with disabilities is chronic and severe nationwide. Less than 5 % of young adults with intellectual disabilities leave K12 and go directly into employment and less than 30 % go into post-secondary or career technical education. If young people with intellectual disabilities exiting K12 education are not connected to employment they tend to rely on public benefits and services their entire lives."

The author goes on to say, "LEAP is often not an effective alternative to the standard civil service examination for individuals with developmental disabilities because it relies on a written test to initially evaluate candidates. Many people with developmental disabilities can successfully be employed in jobs involving complex tasks but need time and customized training to learn the job. Written tests are not a valid measure of their abilities.

"Several states have adopted 'model employer' practices to ensure that people the people with developmental disabilities have access to state employment opportunities. Being a model employer will enable the State to demonstrate to other public sector and to private sector employers how to unlock the potential of this untapped workforce.

"Alameda and Santa Clara Counties use a similar method of allowing successful job performance after adequate time on the job to become the 'test' for civil service purposes for workers with developmental disabilities to become public employees."

AB 1041 (Chesbro), Chapter 677, Statutes of 2014, created a statewide Employment First Policy and sets forth requirements related to the inclusion of employment opportunities and services in a regional center participant's individual program plan.

AB 287 (Beall), Chapter 231, Statutes of 2009, established the Employment First Committee as a standing 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.

AB 925 (Aroner), Chapter 1088, Statutes of 2002, required, in addition to other measures intended to bring adults with disabilities into gainful employment, that the state government become a model employer of individuals with disabilities.

Analysis Prepared by: Karon Green / P.E., R., & S.S. / (916) 319-3957 FN: 0001760

Date of Hearing: July 15, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 644

Author:(Hancock) – As Amended Ver:June 30, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill permits a person with a developmental disability to elect to complete an internship (paid or unpaid) in lieu of the current written examination or readiness evaluation in order to qualify for civil service employment under the Limited Examination and Appointment Program (LEAP). The bill specifies the internship shall consist of:

1) A minimum of 512 hours with the employing state agency, designed to allow persons with developmental disabilities to meet the minimum qualifications of the relevant LEAP classification and receive on-the-job supportive services and accommodations; and

2) Certification by the employing state agency that the individual has completed the internship and demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position.

FISCAL EFFECT:

1) Unknown, potentially substantial General and Special Fund costs to state agencies, in excess of $150,000, to provide internships in lieu of examinations or evaluations; potentially significant GF administrative costs to the Department of Human Resources (CalHR).

2) Unknown, potentially significant cost savings to state agencies that are able to use free or low-paid interns to temporarily fill otherwise salaried positions.

COMMENTS:

1) Purpose. According to the author, 92% of working age Californians with developmental disabilities are jobless, and LEAP is not an effective alternative to the standard civil service examination for many individuals with developmental disabilities because it relies on a written test. The author contends many people with developmental disabilities can be employed successfully in jobs involving complex tasks but require time and specialized training to learn the job. Alameda and Santa Clara counties, as well as several other states, offer similar internship programs for people with developmental disabilities, providing a model for state agencies and private businesses.

2) Leaps and Bounds. The LEAP program provides disabled individuals an alternative to the traditional civil service exam and appointment process in order to compete for state employee positions. The program is administered by CalHR, which has responsibility for determining eligibility criteria for participants, examinations, and appointment and appeal procedures.

To qualify for LEAP, individuals must be certified as disabled by the Department of Rehabilitation and meet minimum qualifications for the position by completing a written exam or readiness evaluation. Once selected by a hiring state agency, LEAP candidates are appointed on a temporary and provisional basis to allow them to demonstrate they are able to perform the duties of their positions. During that provisional nine-month "job examination" period, LEAP employees do not acquire permanent civil service status but receive the same salaries and benefits provided to other temporary state employees. Following the job examination period, the candidate must serve the traditional six-month probationary period before becoming a permanent state civil service employee.

Analysis Prepared by: Joel Tashjian / APPR. / (916) 319-2081

 THIRD READING  

Bill No: SB 644

Author: Hancock (D)

Amended: 6/1/15

Vote: 21

SENATE PUBLIC EMP. & RET. COMMITTEE: 5-0, 4/13/15

AYES: Pan, Morrell, Beall, Fuller, Hall

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SUBJECT: Limited Examination and Appointment Program: persons with developmental disabilities

SOURCE: East Bay Innovations

Futures Explored

DIGEST: This bill amends provisions of the state’s Limited Examination and Appointment Program (LEAP) to allow developmentally disabled individuals to compete for state jobs by performing internships in the desired positions.

ANALYSIS:

Existing law:

1. Establishes LEAP in the state civil service, which provides an alternative to the traditional civil service exam and appointment process in order to allow a disabled individual to compete for a position in state service by proving eligibility and meeting other specified criteria.

2. Defines “disability” for the purpose of the LEAP program to be consistent with the definition of “disability” found in state laws governing fair employment and housing and the federal Americans with Disabilities Act.

3. Establishes the Department of Human Resources (CalHR) as the state department with responsibility over administration of the LEAP program and gives CalHR discretion in creating eligibility criteria for participation in LEAP, examination techniques, and appointment and appeal procedures.

4. Requires, in the state civil service, that applicants meet minimum qualifications and undergo a competitive process before being appointed to a position and, in general, creates ranked hiring lists based on the competitive application process from which state employers may choose eligible candidates.

5. Requires, under LEAP, that candidates are first certified as disabled and meet certain minimum qualifications, which may be ascertained through written examination, before being placed on a referral list. CalHR then refers the names of eligible candidates to agencies that are seeking employees for LEAP-eligible positions.

6. Requires that LEAP employees are appointed on a temporary and provisional basis to allow them to demonstrate their abilities to perform the duties of their positions during a period of time known as the job examination period. During this time, LEAP employees do not acquire permanent civil service status but receive the same salaries and benefits provided to other temporary state employees.

7. Allows, upon successful completion of the job examination period, the employing department to appoint the LEAP employee to an appropriate civil service position.

8. Creates a process for LEAP candidates and employees to appeal in situations in which CalHR refuses to certify the employee’s eligibility to participate in LEAP or the individual is rejected during the application, selection, or job examination period, or is denied reasonable accommodation.

9. Establishes the Lanterman Developmental Disabilities Services Act, which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life to support their integration into the mainstream life of the community.

10. Establishes a system of nonprofit “regional centers” to provide fixed points of contact in the community for all persons with developmental disabilities and their families to coordinate services and supports best suited to them throughout their lifetimes.

11. Requires that the state make available the expertise of state employees and programs to support the employment-related needs of individuals with disabilities, as specified, including ensuring that state government is a model employer of individuals with disabilities.

12. Creates a statewide Employment First Policy, prioritizing opportunities for integrated competitive employment for working-age individuals with developmental disabilities, regardless of the severity of their disabilities.

This bill:

1. Makes findings and declarations with regard to persons with developmental disabilities and their difficulty in obtaining employment.

2. Finds that the state hiring process for LEAP is not well suited to correctly assess the qualifications and abilities of developmentally disabled persons due to initial assessments based on written testing rather than performance-based testing.

3. Declares the intent of the Legislature to target model employer practices toward persons with developmental disabilities who are between 18 and 30 years of age and deemed eligible by the Department of Rehabilitation (DOR) to receive supportive employment services.

4. Expands the definition of “disability” to include a person with a developmental disability that the Department of Developmental Services (DDS) deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act and who is a consumer of a regional center pursuant to the Lanterman Act.

5. Specifies that CalHR, consistent with State Personnel Board rules, shall be responsible for the creation of the LEAP internship program for developmentally disabled persons in coordination with DDS and DOR.

6. Specifies that LEAP is a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant, except as specifically directed by the State Personnel Board.

7. Prohibits CalHR from requiring a person with a developmental disability to take or pass a written examination or readiness evaluation in order to qualify for service in a LEAP position.

8. Requires, instead of a written application, that the LEAP examination for an individual with a developmental disability consist of an internship with a state agency of not less than 512 hours in duration and certification from the employing agency that the individual has completed the internship and demonstrated the knowledge, skills, and abilities necessary to successfully perform the duties of the position.

9. Specifies that a person with a developmental disability who successfully completes the internship, as required, shall be determined to meet the minimum qualifications for the position in which the internship was performed.

10. Specifies that successful completion of the LEAP internship, upon certification of the appointing power, shall be considered as meeting the referral requirements necessary for an examination appointment without being required to pass a written examination or readiness evaluation.

11. Allows the LEAP internship program to be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget.

12. Requires CalHR to refer the names of persons with developmental disabilities to appointing powers for LEAP internship appointments.

13. Allows CalHR to refer the name of a developmentally disabled person who has successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the internship was successfully completed.

14. Gives CalHR discretion as to the method for referring names, including working with agencies to identify positions that could successfully be filled by persons with developmental disabilities.

15. Allows a state agency that provides a LEAP internship to a person with a developmental disability to finance the internship with personnel or other funds assigned to a vacant or unfilled position and specifies that doing so does not eliminate the vacant or unfilled position, and that the funds may later be reassigned to the unfilled position.

16. Requires that a state agency that provides a LEAP internship to a person with a developmental disability shall allow the person to receive on-the-job supportive services, as specified, as a reasonable accommodation.

17. Clarifies that on-the-job supportive services may consist of time spent with a job coach who assists the developmentally disabled person, as specified, and states that services of the job coach are not the responsibility of the state agency providing the internship unless the state agency is a direct payor of those services.

18. Specifies that in order for the internship to meet the minimum qualifications of the desired position, it must be successfully completed in that same position.

19. Specifies that if a job examination period is required prior to permanently hiring a qualified developmentally disabled individual, the hiring agency may apply some or all of the internship hours performed to meet some or all of the job examination period requirement.

20. Specifies that on-the-job supportive services are allowable to the extent authorized by other state programs and are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process.

Background

LEAP. The current process for LEAP eligibility is as follows: an individual is certified as disabled by DOR. The individual must then meet minimum qualifications (MQs) for the LEAP position (only certain state classifications are LEAP qualified). The MQs are met by successful completion of a written (often online) exam or readiness evaluation. Once the MQs are met, the LEAP applicant’s name is placed on an unranked hiring list that is available to any state agency that has LEAP positions available and is seeking LEAP candidates. The hiring authority may then contact individuals on the list for interviews and job placements.

The LEAP candidate then serves a job examination period that is typically nine months in length but can be longer. Upon successful completion of the job examination period, the LEAP employee may then be appointed to a permanent state position. Then the employee must also serve the traditional six-month probationary period before becoming a permanent state civil service employee.

Regional Centers. California's 21 nonprofit regional centers are part of a system of care for individuals with developmental disabilities overseen by DDS. Each regional center provides local services and support to individuals through contracts with DDS, including diagnosis and assessment of eligibility as well as planning, providing access to, and coordinating the services and supports that are needed. Regional center participants are referred as “consumers.” Services for consumers are determined through individual program plans.

Prior/Related Legislation

AB 1041 (Chesbro, Chapter 667, Statutes of 2014) created a statewide Employment First Policy and sets forth requirements related to the inclusion of employment opportunities and services in a regional center participant's individual program plan.

AB 287 (Beall, Chapter 231, Statutes of 2009) established the Employment First Committee as a standing 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.

AB 925 (Aroner, Chapter 1088, Statutes of 2002) required, in addition to other measures intended to bring adults with disabilities into gainful employment, that the state government become a model employer of individuals with disabilities.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Unknown administrative costs to CalHR (General Fund)

• Unknown, potentially $150,000 annually for internship program (various Special/General Funds)

Administrative costs to CalHR are unknown at this time; however, there is currently one Staff Services Manager 1 position that is responsible for administering LEAP. SB 644 establishes a new internship program and may require additional personnel years to CalHR.

Exact costs for the internship program will depend on the number of internships provided through the LEAP method of qualifying applicants for civil service positions. If 25 internships are offered annually to applicants who would have otherwise not passed the current written exam or readiness evaluation, costs would be approximately $155,000 with monthly salaries of $2,074 (the entry level pay for Office Assistant) for three months. Departments that provide internships to LEAP applicants will use existing vacancies on a temporary basis.

SUPPORT: (Verified 5/28/15)

East Bay Innovations (co-source)

Futures Explored, Inc. (co-source)

Ala Costa Centers

Alameda County Developmental Disabilities Planning and Advisory Council

Arc of California

Association of Regional Center Agencies

California Disabilities Services Association

Cerebral Palsy Center for the Bay Area

East Bay Development Disabilities Legislative Coalition

United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 5/28/15)

None received

ARGUMENTS IN SUPPORT:

According to the author:

Currently, 92% of Californians with intellectual disabilities of working age are jobless. Unemployment for adults with ID/DD [i.e., intellectual/ developmental disabilities] is chronic and severe nationwide. Less than 5 % of young adults with ID/DD leave K12 and go directly into employment and less than 30 % go into post-secondary or career technical education. If young people with ID/DD exiting K12 education are not connected to employment they tend to rely on public benefits and services their entire lives.

LEAP is often not an effective alternative to the standard civil service examination for individuals with ID/DD because it relies on a written test to initially evaluate candidates. Many people with ID/DD can successfully be employed in jobs involving complex tasks but need time and customized training to learn the job. Written tests are not a valid measure of their abilities.

Several states have adopted “model employer” practices to ensure that people with ID have access to state employment opportunities. Being a model employer will enable the State to demonstrate to other public sector and to private sector employers how to unlock the potential of this untapped workforce.

Alameda and Santa Clara Counties use a similar method of allowing successful job performance after adequate time on the job to become the “test” for civil service purposes for workers with ID/DD to become public employees.

According to the sponsors, the current LEAP structure, because it relies on written tests to initially evaluate candidates, “often precludes individuals with intellectual and developmental disabilities from accessing the program.”

“SB 644 would allow an individual with an intellectual or developmental disability to successfully complete an internship at a state agency with a minimum of 1024 hours, in lieu of a readiness evaluation as currently required by LEAP. The internship would be used to evaluate whether that individual is eligible for state civil service employment.”

Futures Explored notes that they support over 300 individuals engaged in the workforce to some degree. “We have found that internship/apprenticeship type programs have allowed our folks to get jobs that would have historically been viewed as beyond their capabilities if only a test or interview were used.”

Prepared by: Pamela Schneider / P.E. & R. / (916) 651-1519

6/1/15 14:03:08

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 644 (Hancock) - Limited Examination and Appointment Program: persons with developmental disabilities

SUSPENSE FILE. AS AMENDED.

Bill Summary:

SB 644 changes the method for an individual to qualify under the Limited Examination and Appointment Program (LEAP) from the current written exam or readiness evaluation, to an internship with a state agency of at least 1,024 hours.

Fiscal Impact (as approved on May 28, 2015):

• Unknown administrative costs to CalHR (General Fund)

• Unknown, potentially $150,000 annually for internship program (various Special/General Funds)

Administrative costs to CalHR are unknown at this time, however there is currently one Staff Services Manager 1 position that is responsible for administering LEAP. SB 644 establishes a new internship program and may require additional PYs to CalHR.

Exact costs for the internship program will depend on the number of internships provided through the LEAP method of qualifying applicants for civil service positions. If 25 internships are offered annually to applicants who would have otherwise not passed the current written exam or readiness evaluation, costs would be approximately $155,000 with monthly salaries of $2,074 (the entry level pay for Office Assistant) for three months. Departments that provide internships to LEAP applicants will use existing vacancies on a temporary basis.

Background:

The existing LEAP provides an alternative to the traditional civil service exam and appointment process in order to allow a disabled individual to compete for a position in state service. The LEAP program is administered by the Department of Human Resources (CalHR) which has the responsibility of creating eligibility criteria for participation in LEAP, examination techniques, and appointment and appeal procedures.

LEAP employees are appointed on a temporary and provisional basis to allow them to demonstrate their abilities to perform the duties of their positions during a period of time known as the job examination period. During this period, LEAP employees do not acquire permanent civil service status but receive the same salaries and benefits provided to other temporary state employees.

To qualify for LEAP, first an individual must be certified as disabled by the Department of Rehabilitation. Next the individual meets the minimum qualifications for the LEAP position by successfully completing a written (often online) exam or readiness evaluation. Then the applicant’s name is placed on an unranked hiring list that is available to any state agency that has positions available. The hiring authority may then contact individuals on the list for interviews and job placements.

LEAP candidates must serve on the job for an examination period of at least 9 months after which the person may be appointed to the permanent state position. Lastly, the employee must service the traditional 6 months probationary period before becoming a permanent state civil service employee.

Proposed Law:

SB 644 does the following:

1) Expands the definition of “disability” to include a person with a developmental disability that the Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act and who is a consumer of a regional center pursuant to the Lanterman Act.

2) Prohibits CalHR from requiring a person with a developmental disability to take or pass a written examination or readiness evaluation in order to qualify for service in a LEAP position.

3) Provides that a LEAP exam consist of an internship with a state agency of not less than 1,024 hours (approximately 6 months full time employment), followed by certification from the employing agency that the individual has completed the internship and has demonstrated the knowledge, skills, and ability necessary to successfully perform the duties of the position.

4) Requires CalHR to refer the names of persons with developmental disabilities to appointing powers for selection for participation in an internship examination.

5) Authorizes state agencies that provide internships to persons with a developmental disability to a position under LEAP to finance the internship or position with personnel funds assigned to a vacant or unfilled position. The position will not be eliminated, and funds may be returned or assigned to fill the vacant positions after the completion of the internship.

6) Requires a state agency that provides an internship to a person with a developmental disability to allow that person to receive on-the-job support consisting of time spent with a job coach, as specified, but provides that the coach is not the responsibility of the state agency.

7) Provides that internship hours may be used to apply toward the qualifications of a permanent position.

Staff Comments:

SB 644 is intended to create increased access to state employment for individuals with developmental disabilities by allowing successful internship performance in lieu of a written test. A successful internship will serve as meeting the minimum qualifications for consideration for hire into an entry-level position with the State of California. To qualify for LEAP, an individual must be between 18 and 30 years of age and be deemed eligible by the Department of Rehabilitation to receive supported employment services.

Author Amendments (as adopted on May 28, 2015): Clarifies that the internship is an optional pathway for employment, allows it to be paid or unpaid, and reduces the duration of the internship to 512 hours.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 644 (Hancock) - Limited Examination and Appointment Program: persons with developmental disabilities

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 644 changes the method for an individual to qualify under the Limited Examination and Appointment Program (LEAP) from the current written exam or readiness evaluation, to an internship with a state agency of at least 1,024 hours.

Fiscal Impact:

• Unknown administrative costs to CalHR (General Fund)

• Unknown, potentially $622,200 annually for internship program (various Special/General Funds)

Administrative costs to CalHR are unknown at this time, however there is currently one Staff Services Manager 1 position that is responsible for administering LEAP. SB 644 establishes a new internship program and may require additional PYs to CalHR.

Exact costs for the internship program will depend on the number of internships provided through the LEAP method of qualifying applicants for civil service positions. If 50 internships are offered annually to applicants who would have otherwise not passed the current written exam or readiness evaluation, costs would be approximately $622,200 with monthly salaries of $2,074 (the entry level pay for Office Assistant) for six months. Departments that provide internships to LEAP applicants will use existing vacancies on a temporary basis.

Background:

The existing LEAP provides an alternative to the traditional civil service exam and appointment process in order to allow a disabled individual to compete for a position in state service. The LEAP program is administered by the Department of Human Resources (CalHR) which has the responsibility of creating eligibility criteria for participation in LEAP, examination techniques, and appointment and appeal procedures.

LEAP employees are appointed on a temporary and provisional basis to allow them to demonstrate their abilities to perform the duties of their positions during a period of time known as the job examination period. During this period, LEAP employees do not acquire permanent civil service status but receive the same salaries and benefits provided to other temporary state employees.

To qualify for LEAP, first an individual must be certified as disabled by the Department of Rehabilitation. Next the individual meets the minimum qualifications for the LEAP position by successfully completing a written (often online) exam or readiness evaluation. Then the applicant’s name is placed on an unranked hiring list that is available to any state agency that has positions available. The hiring authority may then contact individuals on the list for interviews and job placements.

LEAP candidates must serve on the job for an examination period of at least 9 months after which the person may be appointed to the permanent state position. Lastly, the employee must service the traditional 6 months probationary period before becoming a permanent state civil service employee.

Proposed Law:

SB 644 does the following:

1) Expands the definition of “disability” to include a person with a developmental disability that the Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act and who is a consumer of a regional center pursuant to the Lanterman Act.

2) Prohibits CalHR from requiring a person with a developmental disability to take or pass a written examination or readiness evaluation in order to qualify for service in a LEAP position.

3) Provides that a LEAP exam consist of an internship with a state agency of not less than 1,024 hours (approximately 6 months full time employment), followed by certification from the employing agency that the individual has completed the internship and has demonstrated the knowledge, skills, and ability necessary to successfully perform the duties of the position.

4) Requires CalHR to refer the names of persons with developmental disabilities to appointing powers for selection for participation in an internship examination.

5) Authorizes state agencies that provide internships to persons with a developmental disability to a position under LEAP to finance the internship or position with personnel funds assigned to a vacant or unfilled position. The position will not be eliminated, and funds may be returned or assigned to fill the vacant positions after the completion of the internship.

6) Requires a state agency that provides an internship to a person with a developmental disability to allow that person to receive on-the-job support consisting of time spent with a job coach, as specified, but provides that the coach is not the responsibility of the state agency.

7) Provides that internship hours may be used to apply toward the qualifications of a permanent position.

Staff Comments:

SB 644 is intended to create increased access to state employment for individuals with developmental disabilities by allowing successful internship performance in lieu of a written test. A successful internship will serve as meeting the minimum qualifications for consideration for hire into an entry-level position with the State of California. To qualify for LEAP, an individual must be between 18 and 30 years of age and be deemed eligible by the Department of Rehabilitation to receive supported employment services.

SENATE COMMITTEE ON

PUBLIC EMPLOYMENT AND RETIREMENT

Dr. Richard Pan, Chair

2015 - 2016 Regular

Bill No: SB 644 Hearing Date: 4/13/15

Subject: State employment: Limited Examination and Appointment Program: developmentally disabled individuals

SOURCE: East Bay Innovations

Futures Explored

DIGEST: This bill amends provisions of the state’s Limited Examination and Appointment Program (LEAP) to allow developmentally disabled individuals to compete for state jobs by performing internships in the desired positions.

ANALYSIS:

Existing law:

1. Establishes LEAP in the state civil service, which provides an alternative to the traditional civil service exam and appointment process in order to allow a disabled individual to compete for a position in state service by proving eligibility and meeting other specified criteria.

2. Defines “disability” for the purpose of the LEAP program to be consistent with the definition of “disability” found in state laws governing fair employment and housing and the federal Americans with Disabilities Act.

3. Establishes the Department of Human Resources (CalHR) as the state department with responsibility over administration of the LEAP program and gives CalHR discretion in creating eligibility criteria for participation in LEAP, examination techniques, and appointment and appeal procedures.

4. Requires, in the state civil service, that applicants meet minimum qualifications and undergo a competitive process before being appointed to a position and, in general, creates ranked hiring lists based on the competitive application process from which state employers may choose eligible candidates.

5. Requires, under LEAP, that candidates are first certified as disabled and meet certain minimum qualifications, which may be ascertained through written examination, before being placed on a referral list. CalHR then refers the names of eligible candidates to agencies that are seeking employees for LEAP-eligible positions.

6. Requires that LEAP employees are appointed on a temporary and provisional basis to allow them to demonstrate their abilities to perform the duties of their positions during a period of time known as the job examination period. During this time, LEAP employees do not acquire permanent civil service status but receive the same salaries and benefits provided to other temporary state employees.

7. Allows, upon successful completion of the job examination period, the employing department to appoint the LEAP employee to an appropriate civil service position.

8. Creates a process for LEAP candidates and employees to appeal in situations in which CalHR refuses to certify the employee’s eligibility to participate in LEAP or the individual is rejected during the application, selection, or job examination period, or is denied reasonable accommodation.

9. Establishes the Lanterman Developmental Disabilities Services Act, which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life to support their integration into the mainstream life of the community.

10. Establishes a system of nonprofit “regional centers” to provide fixed points of contact in the community for all persons with developmental disabilities and their families to coordinate services and supports best suited to them throughout their lifetimes.

11. Requires that the state make available the expertise of state employees and programs to support the employment-related needs of individuals with disabilities, as specified, including ensuring that state government is a model employer of individuals with disabilities.

12. Creates a statewide Employment First Policy, prioritizing opportunities for integrated competitive employment for working-age individuals with developmental disabilities, regardless of the severity of their disabilities.

This bill:

1. Makes findings and declarations with regard to people with a developmental disability and their difficulty in obtaining employment.

2. Finds that the state hiring process for LEAP is not well suited to correctly assess the qualifications and abilities of developmentally disabled individuals due to initial assessments based on written testing rather than performance-based testing.

3. Declares the intent of the Legislature to target model employer practices toward people with developmental disabilities who are between 18 and 30 years of age and deemed eligible by the Department of Rehabilitation to receive supportive employment services.

4. Expands the definition of “disability” to include a person with a developmental disability that the Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act and who is a consumer of a regional center pursuant to the Lanterman Act.

5. Prohibits CalHR from requiring a person with a developmental disability to take or pass a written examination or readiness evaluation in order to qualify for service in a LEAP position.

6. Requires, instead of a written application, that the LEAP examination for an individual with a developmental disability consist of an internship with a state agency of not less than 1024 hours (i.e., approximately 6 months if full time) in duration and certification from the employing agency that the individual has completed the internship and demonstrated the knowledge, skills, and ability to necessary to successfully perform the duties of the position.

7. Specifies that a person with a developmental disability who successfully completes the internship, as required, shall be determined to meet the minimum qualifications for the position in which the internship was performed.

8. Requires CalHR to refer the names of persons with developmental disabilities to appointing powers for LEAP internship appointments.

9. Allows CalHR to refer the name of a developmentally disabled person who has successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the internship was successfully completed.

10. Gives CalHR discretion as to the method for referring names, including working with agencies to identify positions that could successfully be filled by persons with developmental disabilities.

11. Allows a state agency that provides a LEAP internship to a person with a developmental disability to finance the internship with personnel funds assigned to a vacant or unfilled position and specifies that doing so does not eliminate the vacant or unfilled position, and that the funds may later be reassigned to the unfilled position.

12. Requires that a state agency that provides a LEAP internship to a person with a developmental disability shall allow the person to receive on-the-job supportive services as a reasonable accommodation.

13. Clarifies that on-the-job supportive services may consist of time spent with a job coach who assists the developmentally disabled person, as specified, and states that services of the job coach are not the responsibility of the state agency providing the internship unless the state agency is a direct payor of those services.

14. Specifies that in order for the internship to meet the minimum qualifications of the desired position, it must be successfully completed in that same position.

15. Specifies that if a job examination period is required prior to permanently hiring a qualified developmentally disabled individual, the hiring agency may apply some or all of the internship hours performed to meet some or all of the job examination period requirement.

Background

LEAP

The current process for LEAP eligibility is as follows: an individual is certified as disabled by the State Department of Rehabilitation. The individual must then meet minimum qualifications (MQs) for the LEAP position (only certain state classifications are LEAP qualified). The MQs are met by successful completion of a written (often online) exam or readiness evaluation. Once the MQs are met, the LEAP applicant’s name is placed on an unranked hiring list that is available to any state agency that has LEAP positions available and is seeking LEAP candidates. The hiring authority may then contact individuals on the list for interviews and job placements.

The LEAP candidate then serves a job examination period that is typically 9 months in length but can be longer. Upon successful completion of the job examination period, the LEAP employee may then be appointed to a permanent state position. Then the employee must also serve the traditional 6 month probationary period before becoming a permanent state civil service employee.

Regional Centers

California's 21 nonprofit regional centers are part of a system of care for individuals with developmental disabilities overseen by the Department of Developmental Services (DDS). Each regional center provides local services and supports to individuals through contracts with DDS, including diagnosis and assessment of eligibility as well as planning, providing access to and coordinating the services and supports that are needed. Regional center participants are referred as “consumers.” Services for consumers are determined through individual program plans.

Prior/Related Legislation

AB 1041 (Chesbro, Chapter 667, Statutes of 2014) creates a statewide Employment First Policy and sets forth requirements related to the inclusion of employment opportunities and services in a regional center participant's individual program plan.

AB 287 (Beall, Chapter 231, Statutes of 2009) establishes the Employment First Committee as a standing 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.

AB 925 (Aroner, Chapter 1088, Statutes of 2002) requires, in addition to other measures intended to bring adults with disabilities into gainful employment, that the state government become a model employer of individuals with disabilities.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

East Bay Innovations (co-source)

Futures Explored (co-source)

Ala Costa Centers

Alameda County Developmental Disabilities Planning and Advisory Council

Association of Regional Center Agencies

California Disabilities Services Association

Cerebral Palsy Center for the Bay Area

East Bay Development Disabilities Legislative Coalition

The Arc California

United Cerebral Palsy California Collaboration

OPPOSITION:

None received

ARGUMENTS IN SUPPORT:

According to the author:

Currently, 92% of Californians with intellectual disabilities of working age are jobless. Unemployment for adults with ID/DD [i.e., intellectual/ developmental disabilities] is chronic and severe nationwide. Less than 5% of young adults with ID/DD leave K12 and go directly into employment and less than 30% go into post-secondary or career technical education. If young people with ID/DD exiting K12 education are not connected to employment they tend to rely on public benefits and services their entire lives.

LEAP is often not an effective alternative to the standard civil service examination for individuals with ID/DD because it relies on a written test to initially evaluate candidates. Many people with ID/DD can successfully be employed in jobs involving complex tasks but need time and customized training to learn the job. Written tests are not a valid measure of their abilities.

Several states have adopted “model employer” practices to ensure that people with ID have access to state employment opportunities. Being a model employer will enable the State to demonstrate to other public sector and to private sector employers how to unlock the potential of this untapped workforce.

Alameda and Santa Clara Counties use a similar method of allowing successful job performance after adequate time on the job to become the “test” for civil service purposes for workers with ID/DD to become public employees.

According to sponsors, the current LEAP structure, because it relies on written tests to initially evaluate candidates, “often precludes individuals with intellectual and developmental disabilities from accessing the program.”

“SB 644 would allow an individual with an intellectual or developmental disability to successfully complete an internship at a state agency with a minimum of 1024 hours, in lieu of a readiness evaluation as currently required by LEAP. The internship would be used to evaluate whether that individual is eligible for state civil service employment.”

Futures Explored notes that they support over 300 individuals engaged in the workforce to some degree. “We have found that internship/apprenticeship type programs have allowed our folks to get jobs that would have historically been viewed as beyond their capabilities if only a test or interview were used.”