AB 2171: Individuals with disabilities: special education and related services.

(1)Existing law requires the Superintendent of Public Instruction to develop written interagency agreements, or adopt joint regulations that include responsibilities, in accordance with specified federal law, with the directors of certain state departments, for the provision of special education and related services to individuals with exceptional needs in the state. Existing law requires the Superintendent to develop interagency agreements with other state and local public agencies, as deemed necessary by the Superintendent, to carry out the provisions of state and federal law.

Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities.

This bill would provide that the Legislature recognizes that the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation have developed an agreement to ensure the seamless and coordinated delivery of services and supports to individuals with disabilities who are eligible for special education services or who are eligible for services provided by the State Department of Education, the State Department of Developmental Services, or the Department of Rehabilitation for individuals with developmental disabilities. The bill would provide that it is the intent of the Legislature that, in implementing any efforts resulting from that agreement, the State Department of Education ensures that those efforts result in a plan for strengthening the person-centered planning processes across all 3 of those departments to further the Employment First Policy. The bill would require the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation to regularly consult with pupils and adults with developmental disabilities, parents of individuals with developmental disabilities, organizations representing individuals with developmental disabilities, and the Employment First Committee established by the State Council on Developmental Disabilities on the agreement and the implementation of the agreement. The bill would require the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation to submit a report on, among other things, the implementation of the agreement to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2020.

The bill would require the State Board of Education, on or before July 1, 2019, and the Department of Rehabilitation, to adopt the Employment First Policy, as provided.

(2)Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires the individualized education program to include appropriate measurable postsecondary goals based upon age-appropriate transition assessments and the transition services needed to assist the pupil in reaching those goals, as provided. Existing law defines transition services to mean a coordinated set of activities for an individual with exceptional needs that, among other things, facilitates the movement of the pupil from school to postschool activities, including postsecondary education, vocational education, integrated employment, including supported employment, continuing and adult education, adult services, independent living, or community participation, as provided.

This bill would require, in furtherance of the goals of the Employment First Policy, the individualized education program of a pupil who qualifies, or is expected to qualify, for services through the State Department of Developmental Services or the Department of Rehabilitation, or both departments, to include a subsection created by the local educational agency within the transition planning section of the individualized education program program, if the pupil identifies employment as a goal, that specifies how the local educational agency will support the pupil in obtaining preparing for, obtaining, or retaining competitive and integrated employment, as specified.

(3)Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports, including supported living services, to individuals with developmental disabilities and their families. The services and supports to be provided to a regional center consumer are contained in an individual program plan, developed in accordance with prescribed requirements. Existing law requires the planning team to consider the Employment First Policy when developing an individual program plan for a transition-age youth or working-age adult.

This bill would require a regional center, in furtherance of the goals of the Employment First Policy, to include within the individual program plan for a transition-age youth or working-age adult a section that specifies how the regional center will support the individual in obtaining or retaining competitive integrated employment, including the accommodations that it will provide to the individual.

(4)Existing law establishes the Department of Rehabilitation to provide vocational rehabilitation services to individuals with disabilities. Existing law requires an individualized plan for employment to be developed for each individual determined to be eligible for vocational rehabilitation services, as provided.

This bill would require the Department of Rehabilitation, in furtherance of the goals of the Employment First Policy, to include within an individualized plan for employment a section that specifies how the Department of Rehabilitation will support the individual in obtaining or retaining competitive integrated employment, including the accommodations that it will provide to the individual, in cooperation and collaboration with the other departments.