[Also posted at www.scdd.ca.gov]
LEGISLATIVE AND PUBLIC POLICY COMMITTEE AGENDA
DATE: Tuesday, October 20, 2009
TIME: 10:00 A.M. – 3:00 P.M.*
(*Ending Time for this meeting is an approximation only and is intended
solely for the purpose of travel planning.)
PLACE: State Council Headquarters’ Office
1507 21st Street, Suite 210
Sacramento, CA 95811
CONTACT: Council Phone (916) 322-8481; Council Fax (916) 443-4957
Pursuant to Government Code Sections 11123.1 and 11125(f), individuals with disabilities
who require accessible alternative formats of the agenda and related meeting materials
and/or auxiliary aids/services to participate in the meeting, should contact Michael Brett at
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Items may be taken out of order to ensure appropriate flow of the meeting.
1. CALL TO ORDER (J. Aguilar)
2. ESTABLISHMENT OF A QUORUM (J. Aguilar)
(Six member requirement for quorum)
3. MESSAGE FROM THE CHAIR (J. Aguilar)
4. EXECUTIVE DIRECTOR UPDATE (A. Kerzin)
5. COMMITTEE MEMBER INTRODUCTIONS /ANNOUNCEMENTS
6. PUBLIC COMMENTS
Public Comments: [This section is for members of the public only; and is to provide the
public an opportunity to comment and/or present information to the Committee on any
matter that is not on the agenda. Each public member will be afforded up to three
minutes to speak. Written requests, if any, will be considered first under this section.
Additionally, the Committee will provide a public comment period not to exceed 5 minutes
total for all public comments prior to Committee action on each agenda item.]
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Legislative & Public Policy Committee Agenda - October 20, 2009 Page 2
7. ACTION/DISCUSSION ITEMS:
A. Approval of May 2009 Minutes (J. Aguilar) GRAY
B. California Legislation (J. Aguilar) YELLOW
a. AB 140 (Beall) k. AB 1124 (Yamada)
b. AB 214 (Chesbro) l. AB 1517 (Berryhill)
c. AB 287 (Beall) m. AB 1538 (Ma)
d. AB 302 (Beall) n. SB 110 (Liu)
e. AB 378 (Cook) o. SB 142 (Maldonado)
f. AB 416 (Block) p. SB 383 (Liu)
g. AB 438 (Beall) q. SB 621 (Florez)
h. AB 452 (Yamada) r. SB 682 (Padilla)
i. AB 661 (Torlakson) s. SB 755 (Negrete-McLeod)
j. AB 682 (B. Lowenthal) t. SB 812
8. PRESENTATION: (M. Rosenberg)
Executive Director of Area Board 3, will be giving an overview of ongoing
Special Education issues/appeals process issues (Handout)
9. PRESENTATION: (A. Kerzin/ L. Cooley)
Employment First Policy AB287
10. NEW BUSINESS/ACTION ITEMS
a. Policy Primary Workgroup “Restart”
1. Employment – Lisa Cooley & Leroy Shipp
2. Housing – Jennifer Allen & David Mulvaney
3. Special Education – Jorge Aguilar, Marilyn Barraza, &
b. Area Board involvement in Public Policy Process
c. 2010 Meeting Calendar
11. PREVIOUS BUSINESS ACTION ITEMS (J. Aguilar)
a. Memo from Rick Martin on Autism from ABA (Handout)
12. ADJOURNMENT (J. Aguilar)
Next meeting TBA
Agenda Item: 7.A
Date: October 20, 2009
Meeting: Legislative Public Policy Committee
Legislative Public Policy Committee Minutes
DATE: Tuesday, May 26, 2009
TIME: 10:00 am – 3:00 pm
PLACE: State Council Headquarter Office
1507 21st Street, Suite 210
Sacramento, CA 95811
Present: SCDD Staff:
Randi Knott, Chair Alan Kerzin, Executive Director
Jorge Aguliar Michael Januse
Ray Ceragioli September Hargrove
Chair Randi Knott called the meeting to order at 1:02 PM and a quorum
MESSAGE FROM THE CHAIR-
MESSAGE FROM EXECUTIVE DIRECTOR-
COMMITTEE MEMBER ANNOUNCEMENTS-
There were no public comments.
The Committee took the positions on the following legislation:
1. AB 661 (Torlakson) – Behavioral Intervention Plans. WATCH.
2. AB 682 (Lowenthal) – IHSS Fraud. WATCH. (Staff requested to
send out grand jury report on IHSS Fraud to committee.)
3. AB 1517 (Berryhill) – Alternative Dispute Resolution.
Page 1 of 2
4. SB 142 (Maldonado) – IHSS Authorized Task. OPPOSE. (Staff
requested to work with committee members (Tho Vinh,
Jennifer, Lisa) to address negative impacts of legislation to
include in letter to legislature)
5. SB 621 (Florez) – Career Tech EDU: Individuals with
Exceptional Needs. SUPPORT. (Staff requested to address
within letter the need for improved high school graduation
6. SB 682 (Padilla) – Autism Career Education. SUPPORT.
7. SB 755 (Negrete-McLeod) – State Contracts Persons with DD
Business Enterprises. WATCH.
8. SB 812 (Ashburn) – HOUSING. SUPPORT if Amended. (Staff
requested to share draft of letter with suggested amendments
with Dr. Vismara prior to submitting.)
Suggested amendment - To include housing plans for all
persons with developmental disabilities, not limited to persons
The Committee decided at a future meeting to revisit high school
graduation legislation from the 2007-2008 legislative session to the
implementation of those bills signed into law.
Staff requested to distribute to the Committee a memo from Rick
Martin on Autism ABA.
Following the presentation from Dr. Lou Vismara on the Senate
Select Committee on Autism, the Committee was asked to brainstorm
some ideas for that Committee.
APPROVAL OF MINUTES-
The minutes of the April meeting were approved with corrections.
Meeting adjourned at 3:33pm.
Page 2 of 2
Agenda Item: 7.B.
Date: October 20, 2009
Meeting: Legislative and Public Policy Committee
Detail Sheet for:
What is this agenda item about?
The LPP Committee regularly reviews the status of bills it has been
following on the Council’s behalf.
What has the Council done about this so far?
This committee has taken positions on a slate of bills and monitors the
progress throughout the legislative process.
What needs to be decided at this meeting?
At this time, no action is required.
What is the committee or staff recommendation?
The staff recommendation is to continue to monitor the Council’s slate
of bills and take action, when necessary, with letters of support or
explanation to the Legislature or Governor regarding the Council’s
Are there attachments?
Yes, a chart updating the current status of the Council’s slate of bills
This detail sheet was prepared by Michael J. Januse II. If there is anything about this detail sheet
that you do not understand, please call 916-322-1284 or email firstname.lastname@example.org
STATE COUNCIL ON DEVELOPMENTAL DISABILITES
2009 Legislation and Status of Bills
(October 6, 2009)
State Council-Sponsored Legislation
AB 287(Beall) –Employment First Policy
Legislation Index by Subject
Abuse Prevention SB 621 (Florez) – Career Tech Edu – Exceptional Needs
AB 416 (Block) – Consumer Abuse Registry SB 682 (Padilla) – Autism Career Education
AB 1538 (Ma) - Restraint and Seclusion Inactive File SB 755 (Negrete-McLeod) – State Contracts Persons
SB 110 (Liu) - Disabled Crime Victims Act with DD Business Enterprises
SB 383 (Liu) - Autism Screening AB 214 (Chesbro) – Durable Medical Equipment
Criminal Justice Housing
AB 438 (Beall) - Criminal Diversion SB 812 (Ashburn) – Housing
AB 682 (B. Lowenthal) – IHSS Fraud
In Home Supportive Services
Education AB 378 (Cook) – IHSS Provider Training Inactive File
AB 661 (Torlaskson) - Behavioral Intervention Plans AB 452 (Yamada) – California Independence Act of 2009
AB 1124 (Yamada) - Due Process Hearings SB 142 (Maldonado) – IHSS Authorized Task
AB 1517 (Berryhill) – Alternative Dispute Resolution Amended
Employment Regional Center
AB 287 (Beall) – Employment First Policy Governor’s AB 140 (Beall) – Dispute Resolutions
Desk AB 302 (Beall) – Purchase of Service Data
Page 1 of 13
Most Current Changes as of 10/6/09 are in Last Column
Bill No. Bill No. (Author) State Council State Council Status as of
Description and Updates Position Policy Area August 28, 2009
AB 140 AB 140 (Beall) Regional Center Dispute Resolutions SUPPORT Chaptered by
Would establish procedures for the resolution of disputes State - Chapter
between a regional center and a generic agency, as 84, Statutes of
defined, over provision of, or payment for, services that 2009.
are contained in an individualized family service plan or (09/23/09)
individual program plan for any child under 6 years of
(This bill is a reintroduction of AB 1825 (Beall, 2008)
which was vetoed by Gov. Schwarzenegger)
AB 214 AB 214 (Chesbro) Durable Medical Equipment SUPPORT Passed out of
Asm. Health 12-4.
Would require a health care service plan and a health
insurer to provide coverage for durable medical
equipment, as defined, as part of their plan contracts or
health insurance policies. This bill contains other related
provisions and other existing laws.
(This bill is a reintroduction of SB 1198 (Kuehl, 2008)
which was vetoed by Gov. Schwarzenegger)
Amended 4/23/09 – Section 10123.24 (d) will not apply
to specialized health insurance, Medicare supplement,
short term limited duration health insurance, CHAMPUS
supplement insurance, TRICARE supplement, or to
hospital indemnity, accident only, or specified disease
Page 2 of 13
AB 287 AB 287 (Beall) Employment First Policy Co-sponsors Employment Enrolled and to
the Governor at
Would establish an Employment First Policy intended to 1 p.m.
promote integrated employment opportunities for people (09/28/09)
with developmental disabilities.
Amended 6/10/09- Removes the mandate for IPP teams
to discuss school-to-work opportunities for consumers 14
years of age or older, but now instead states that within
the Employment First Policy the Legislature intends for
planning teams to discuss school-to-work opportunities
beginning when a consumer is 14 years of age.
Amended 5/21/09 – Adds an organized labor
organization representing service coordination staff to
the Employment First Committee.
Amended 4/13/09 - The bill will now require, beginning
when the consumer is14 years of age, that the planning
team discuss school-to-work opportunities during
individual program plan meetings. Also, the bill will
require the State Council on Developmental Disabilities
to form a standing Employment First Committee to
implement a Employment First Policy no later than July
(This bill is a reintroduction of AB 2424 (Beall, 2008)
which was held in the Senate Approp. Committee)
AB 302 AB 302 (Beall) Regional Center Purchase of Services SUPPORT Senate Human
Would require the department to use existing data to
Page 3 of 13
determine specified information, for the state as a whole Passed out of
and by regional center, relevant to the use of purchase Asm. Human
of services funds by regional centers for linguistically and Services 5-2,
ethnically diverse consumers. Asm. Approps.
12-5, Asm. Floor
Amended 6/1 – The bill now requires that the 48-29
department shall use existing data from the client master
file, the client development evaluation report file, and the
AB 378 AB 378 (Cook) IHSS Provider Training SUPPORT To inactive file
on motion of
Would require each public authority or nonprofit Senator
consortium, in consultation with its advisory committee Romero.
and stakeholders, to develop training standards and core (09/11/09)
topics, to be used in training it provides.
Amended 5/4 – Technical amendments.
AB 416 AB 416 (Block) Consumer Abuse Registry SUPPORT Abuse Held Assembly
Would require a provider, as defined, to report a Suspense File
substantiated case of abuse of a consumer by a direct
service worker to the appropriate investigating agencies, Passed out of
as defined. The bill would also require investigating Asm. Human
agencies to report abuse of a consumer by a direct Services 4-1;
service worker to the State Department of Asm. Health 16-0
Developmental Services. The bill would require the
department to establish a registry of direct service
workers or others against whom one or more
substantiated reports of abuse of a consumer have been
reported, and to make the registry available, pursuant to
a release protocol established by the department in
consultation with program stakeholders, to specified
Page 4 of 13
persons. The bill would require providers to access the
registry before hiring a direct service worker and would
prohibit providers from hiring or contracting with a direct
service worker who is included in the registry. The bill
would also require the department to coordinate with the
State Department of Public Health and the State
Department of Social Services to share information
about direct service workers, and would require the
department to adopt regulations to implement the bill's
provisions by July 1, 2010.
(This bill is a reintroduction of AB 1983 (Evans, 2008)
which was held in the Asm. Approps Committee)
AB 438 AB 438 (Beall) People with Developmental Disabilities in SUPPORT In committee:
the Criminal Justice System Held under
Takes several steps to ensure more appropriate services (09/11/09)
and supports for people with developmental disabilities
who become involved with the criminal justice and court
system. AB 438 will expand eligibility for diversion for
persons with developmental disabilities charged with a
non-violent felonies, and will repeal the requirement that
the individual have been a regional center client prior to
the time of the charges; will require DDS to convene a
task force to indentify strategies and best practices, for
local interagency coordination and cooperation in
addressing the needs of adults and juveniles with
Amended 4/21/09 – Deleted Section 7578.5 which
requires DDS and DCR to enter into an interagency
agreement and Section 4418.7, the requirement for
Page 5 of 13
Regional Centers to notify those specified, of a
consumer who is a state developmental center resident,
whose placement is based on incompetence to stand
trial is due to end, and who is at risk of being placed in,
or is at risk of continued placement in a state
AB 452 AB 452 (Yamada) California Independence Act of 2009 WATCH Assembly Human
Would establish the California Independence Program,
a voluntary program for the provision of in-home (Two year bill)
supportive services to certain aged, blind, and disabled
individuals who are otherwise ineligible for IHSS
services. The bill would make recipients and providers of
services under the California Independence Program
subject to specified requirements.
AB 661 AB 661 (Torlakson) Behavioral Intervention Plans WATCH Special Held in Assembly
AB 661 would implement the mandate claim settlement regarding Committee on
Behavioral Intervention Plans (BIPs) that has been reached Suspense
between the State and the test claimants. This bill will provide
increased funding to all local education agencies to comply with Passed out of
the BIP mandate. Asm. Education
10-0; Asm. Public
AB 682 AB 682 (B. Lowenthal) IHSS Fraud WATCH Senate
AB 682 requires the Department of Social Services
(DSS) in consultation with the Department of Health Care
Services (DHC), counties, the district attorney in the Passed out of
county with the largest caseload, and stakeholders to Asm. Human
Page 6 of 13
produce and deliver a report to the Legislature by From
December 31, 2010, that identifies the magnitude of committee
fraud in the In Home Supportive Services (IHSS) chair, with
program, with respect to convictions occurring between author's
January 1, 2005 and January 1, 2010. amendments:
Amend, and re-
Amended 6/30- Specifies that DSS will be required to refer to
dedicate up to 2 positions to implement the provisions of
Amended 6/1 - This bill shall become operative time, amended,
only if funds are made available for its implementation and re-referred
from the Governor’s proposed funding increase for in- to Com. on
home supportive services quality assurance in the 2009– APPR.
10 budget for the State Department of Social Services, if (09/11/09)
that proposed funding increase is adopted.
AB 1124 AB 1124 (Yamada) Due Process Hearings SUPPORT Special Held in Assembly
Would require local educational agencies, during the Committee on
pendency of a hearing involving an application of a pupil Suspense
for initial services under a preschool program serving
individuals with exceptional needs between 3 to 5 years Passed out of
of age, inclusive, who is no longer eligible for early Asm. Education
intervention services under the California Early 9-0
Intervention Services Act because he or she has
reached 3 years of age, to continue to provide the same
services that were provided under the California Early
Intervention Services Act. This bill contains other related
provisions and other existing laws.
Amended 4/22/09 – Specifies that the use of federal
funding received by the State appropriated to this bill be
Page 7 of 13
specific to the purpose of the bill.
Amended 4/13/09 – The implementation of the bill is
subjects to funds made available by the federal
government from the American Recovery and
Reinvestment Act of 2009 or other federal legislation that
would provide higher levels of special education funding.
(This bill is a reintroduction of AB 1768 (Evans, 2008)
which was held in Asm. Approps Committee)
AB 1517 AB 1517 (Berryhill) Alternative Dispute Resolution SUPPORT Special Held in Assembly
AB 1517 requires the State Department of Education Committee on
(SDE), subject to an appropriation in the annual Budget Suspense
Act, to administer a statewide program of grant funding
to expand alternative dispute resolution (ADR) programs Passed out of
for special education. Asm. Edu 10-0.
AB 1538 AB 1538 (Ma) Restraint and Seclusion SUPPORT Abuse Two Year Bill
AB 1538, as amended, focuses on the use of physical To inactive file
restraints. The bill, as amended: 1) prohibits the use of on motion of
dangerous restraint practices; 2) prohibits the use of Assembly
chemical and mechanical restraints and 3) limits the use Member Ma.
of other physical restraints to immediate emergency (09/10/09)
situations or when a pupil’s behavioral intervention plan
allows for the use of restraints. Any physical restraint
may only be used by properly trained staff.
Amended 5/13/09 – Amends the legislative declaration in
Section 1 and indicated that an educational provider may
use physical restraint in an emergency situation if all of
Page 8 of 13
the following conditions are met, unless otherwise stated
in a pupil’s individualized education program and
approved behavioral intervention plan; that educational
providers shall ensure that professional personnel and
support personnel are adequately trained in behavioral
or emergency interventions and procedures.
Amended 4/29/09 – Deletes amendments to Section
32282 of the Education Code which modified the
comprehensive school safety plan and removes
provisions in the bill that limited the use of seclusion.
Amended 4/15/09 – Changes the implementation of this
bill until January 1, 2013.
(This bill is a reintroduction of SB 1515 (Kuelh, 2008)
which was vetoed by Gov. Schwarzenegger)
SB 110 SB 110 (Liu) Disabled Crime Victims Act SUPPORT Abuse Held in Senate
Prevention Appropriations on
As amended would require the Department of Justice to Suspense
send a bulletin to law enforcement agencies and district
attorneys describing that intent, as well as the laws
relating to the protection of persons with disabilities, as Passed out of
specified.; includes that information related to deaths of Sen. Pub Safe 6-
children and persons with developmental disabilities to 0.
be included in Child Death Reviews and Domestic
Violence Death Reviews; Requires every law
enforcement agency that participates in POST to provide
training to its peace officers on crime victims with
Amended 5/5/09 – Amends Section 4689.25 (b)(4) to
Page 9 of 13
read “A person may be employed or retained despite
being convicted of one of the offenses listed in
paragraph (3) or being required to register pursuant to
Section 290 if the nonlicensed service provider
determines from the evidence presented that the person
has been rehabilitated for at least five years following
any probation or incarceration, or has received a
certificate of rehabilitation and pardon pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title
6 of Part 3 of the Penal Code, or if the accusation or
information against the person has been dismissed and
he or she has been released from all disabilities and
penalties resulting from the offense pursuant to Section
1203.4 of the Penal Code.”
Amended 4/21/09 - Deletes Sections 13823.7, 13823.9,
13823.13, 368.1, 368.5.
Amended 3/25/09 – Amended Section 4689.25 to allow
nonlicensed service providers who have a vendor
relationship with a regional center to obtain criminal
record background checks on current and prospective
employees and volunteers, as specified, and would
require the providers to discharge or not hire those
persons if they are convicted of specified offenses.
(This bill is a reintroduction of AB 2038 (Lieber, 2008)
which was held in the Senate Approps. Committee)
SB 142 SB 142 (Maldonado) IHSS Authorized Task OPPOSE Assembly
SB 142 requires the Department of Social Services
(DSS), on or before December 31, 2011, to develop and
Page 10 of 13
implement procedures to ensure that an IHSS provider Passed out of
receives a list of approved tasks before working for an Senate Human
IHSS consumer. This bill also requires DSS to work with Services 5-0;
appropriate stakeholders in devising this method. Senate Floor 32-
Amended 7/6/09- Designates that DSS must also provide Human Services
IHSS providers be given a complete list of supportive 6-0.
services task available under the IHSS program.
Amended 5/19/09 – Non-substantial technical
SB 383 SB 383 (Liu) Autism Screening SUPPORT Held in Senate
This bill would require the State Department of Suspense
Developmental Services to partner with at least one
regional center to implement a 2-year Autism Spectrum Passed out of
Disorders Early Screening, Intervention, and Treatment Sen. Human
Pilot Program in at least 3 key geographic areas. The Services 3-1
pilot program would establish best practices for early
screening, diagnosis, referral, and treatment for children
with ASD. This bill contains other related provisions and
other existing laws.
Amended 4/16/09 – Extends the implementation of this
bill until July 1, 2012 and deletes the specifications of the
report to the Legislature.
Amended 3/31/09 – Gut and Amended to add the
language from SB 527 (Steinberg, 2008) which was
vetoed by Gov. Schwarzenegger.
SB 621 SB 621 (Florez) Career Tech Education: Individuals with SUPPORT Employment Held in Senate
Exceptional Needs Appropriations on
Page 11 of 13
SB 621 requires the Superintendent, in coordinating the
development of the next revision of this curriculum Passed out
framework that is submitted to the State Board of Senate Education
Education for approval, to include guidance for adapting 8-1.
work-based learning for individuals with exceptional
SB 682 SB 682 (Padilla) Autism Career Education SUPPORT Employment Set, second
hearing. Held in
SB 682, contingent upon the availability of federal funds committee and
for this purpose, would establish a pilot program for the under
purposes of providing combined academic and submission.
occupational training to secondary school pupils with (08/31/09)
autism spectrum disorders and other special needs. The
bill would state the Legislature’s intent that this pilot
program model existing career technical education
SB 755 SB 755 (Negrete-McLeod) WATCH Employment Held in Senate
SB 755 establishes a new participation goal program for Committee on
persons with developmental disabilities business Suspense
enterprises (PDDBEs), as defined, to assist and
encourage participation of developmentally disabled in Passed out of
state contracting opportunities. Sen. GO 12-0;
Sen. JUD 5-0.
SB 755 is a reintroduction bill of SB 1687 (Negrete-
McLeod), which the State Council took a position of
Oppose unless Amended in the last legislative session.
SB 1687 was held in Assembly Appropriations
Committee on suspense.
Page 12 of 13
SB 812 SUPPORT if Housing Held in Senate
SB 812 requires cities and counties to assess and address in Amended Appropriations
their housing elements the housing needs of persons with autism Committee on
spectrum disorders and requires the Department of Housing and Suspense
Community Development (HCD) to prepare a statewide report on
the housing needs of this population. Passed out of
Sen. T&H 10-0.
Page 13 of 13