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The U.S. Department of Health and Human Services (HHS) Proposed a New Rule Against Discriminating Against People with Disabilities in Healthcare and Human Services Programs

September 7, 2023    

The U.S. Department of Health and Human Services (HHS) Proposed a New Rule Against Discriminating Against People with Disabilities in Healthcare and Human Services Programs

SACRAMENTO—Today, HHS, through its Office for Civil Rights (OCR), introduced a rule that works to stop discrimination based on a disability. This rule, called “Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance,” updates important parts of current regulations that help people with disabilities get healthcare and human services under Section 504 of the Rehabilitation Act (Section 504), passed by Congress in 1973. 

“It’s 2023, yet for many Americans, accessing basic health needs is still challenging. Some persons with disabilities may have to drive hours to get an accessible mammogram or receive the benefits and advancements of our health care system. This historic proposed rule will advance justice for people with disabilities and help ensure they are not subjected to discrimination under any program or activity receiving funding from HHS just because they have a disability,” said Secretary Xavier Becerra.

“While we have made significant progress since Section 504 was signed into law nearly 50 years ago, there is more work for us all to live up to its promise to the American people,” said HHS Office for Civil Rights (OCR) Director Melanie Fontes Rainer. “Today’s rule is long overdue and a major step forward in the fight to ensure that people with disabilities are not excluded from or discriminated against in health care and social services across the United States. Once again, the Biden-Harris Administration is making clear that we must do better and stand up to improve equitable access to health care, free of discrimination.”

“The COVID-19 pandemic shone a spotlight on the discrimination that too many people with disabilities continue to face, from denial of medical treatment due to ableism, to inaccessible medical equipment and websites, to having no choice but to receive services in institutional settings,” said Alison Barkoff, who leads the Administration for Community Living. “ACL is pleased to have collaborated with the Office for Civil Rights to ensure the rule addresses the most pressing issues and priorities of the disability community.”

Section 504 bars discrimination against qualified individuals because of their disability in programs that get federal funding or are run by federal agencies.

HHS wants to update and clarify the rules in several areas that aren’t covered in the current regulations to make sure the rules are consistent with other laws like the Americans with Disabilities Act, the Americans with Disabilities Amendments Act, and changes to the Rehabilitation Act, and significant legal decisions.

 

This Notice of Proposed Rulemaking (NPRM) clarifies how Section 504 applies. If enacted, the proposed rule:

  • Ensures that medical decisions don’t depend on stereotypes or judgments about people with disabilities.
  • Stops medical practices from scoring a person with a disability as less valuable than a person without a disability.
  • Clarifies accessibility requirements for making websites, mobile apps, and kiosks.
  • Sets enforceable standards for making medical equipment accessible.
  • Clarifies what is required in HHS-funded child welfare programs.
  • Stops using value assessment methods that devalue life extension for people with disabilities when deciding who gets access to benefits and services.
  • Clarifies the need to provide services in the most integrated setting that suits people with disabilities.

While the Department is working on these rules, the current rules are still in effect. If you think someone was discriminated against because of their race, color, national origin, sex, age, or disability, you can file a complaint online with OCR at https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.

HHS encourages everyone to share their thoughts on these proposed rules through regulations.gov.

Public comments on the NPRM are welcome for 60 days after the rules are published in the Federal Register.

To learn more about these rules, you can check the Federal Register for additional information at https://www.federalregister.gov/public-inspection/2023-19149/discrimination-on-the-basis-of-disability-in-health-and-human-service-programs-or-activities.

A fact sheet on the NPRM is available at: https://www.hhs.gov/civil-rights/for-individuals/disability/section-504-rehabilitation-act-of-1973/fact-sheet/index.html.

HHS will host a webinar on the NPRM on September 11, 2023, at 1:00 p.m.— 1:45 p.m. Eastern Time. You must register in advance to participate: https://hhsacl.zoomgov.com/webinar/register/WN_cbLO2lobQzecAJBkLKbP_A

HHS will conduct a Tribal consultation meeting on October 6, 2023, from 2:00 p.m. to 4:00 p.m. Eastern Time. You must register in advance to participate: https://www.zoomgov.com/meeting/register/vJIsceGqpzsjEwi5AQ8pvdIholm7Xp4hwLs.

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About The California State Council on Developmental Disabilities: The California State Council on Developmental Disabilities (SCDD) advocates, promotes, and implements policies and practices that achieve self-determination, independence, productivity, and inclusion in all aspects of community life for Californians with developmental disabilities and their families. For more information about SCDD visit http://www.scdd.ca.gov.

State Council Urges—Enhanced Access, Equity, and Efficiency to Transform California’s Self-Determination Program

August 31, 2023

State Council Urges—Enhanced Access, Equity, and Efficiency to Transform California’s Self-Determination Program

SACRAMENTO—The California State Council on Developmental Disabilities (SCDD) collaborated with federal disability advocate partners UCLA Tarjan Center, Disability Rights California, and Children’s Hospital Los Angeles and released a new report of evaluation findings on the California Self-Determination Program (SDP), Voices of Self-Determination: An Evaluation of Participant Experience in California’s Self-Determination Program.

“With three different phases of research, including online surveys and live focus groups with over 600 participants, we feel confident that the results represent the experiences of Regional Center clients across the state,” said Dr. Elizabeth Laugeson, Director of the UCLA Tarjan Center, University Center for Excellence in Developmental Disabilities.

The report looks at how well California is meeting the goals of the statutorily mandated Self-Determination Program. The report also suggests changes that could improve the program, such as increasing outreach and awareness, simplifying enrollment and budget, promoting fairness, mitigating disparities, and reducing administrative burdens.

“Disabled people are the experts of their own lives, and the Self Determination Program is built on this principle,” said Eric Harris, Director of Public Policy at Disability Rights California. “The study lifts the lived experience of those who have looked to the Self-Determination Program to have more choice and control over their lives.”

The report delivers a valuable perspective through the comprehensive engagement of SDP participants about the program. It emphasizes the voices, experiences, and recommendations of SDP participants and others deeply connected to the program. 

“SCDD believes that people with disabilities are the experts in how to meet their own needs,” said Chair of California State Council on Developmental Disabilities, Wesley Witherspoon. “The Self-Determination Program is a powerful vehicle for independent, self-determined access to life-changing supports and services for people with intellectual and developmental disabilities.”

The Executive Summary is available in Chinese, Spanish, Vietnamese, and Plain Language.

An English PowerPoint Presentation of the report is also available: https://scdd.ca.gov/wp-content/uploads/sites/33/2023/08/SDP.Presentation_PL_Final-ACCESSIBLE.pdf.

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About The California State Council on Developmental Disabilities: The California State Council on Developmental Disabilities (SCDD) advocates, promotes, and implements policies and practices that achieve self-determination, independence, productivity, and inclusion in all aspects of community life for Californians with developmental disabilities and their families. For more information about SCDD visit http://www.scdd.ca.gov.

Californians with Disabilities Win Big with the Creation of the State’s Employment First Office

July 12, 2023

Californians with Disabilities Win Big with the Creation of the State’s Employment First Office

SACRAMENTO—The California State Council on Developmental Disabilities (SCDD), along with a coalition of disability advocate partners including California APSE, Disability Rights California, Integrated Resources Institute, PathPoint, and Progressive Employment Concepts, championed what began as a proposal to the legislature and ended in the successful creation of the Employment First Office.

California became an employment-first state in 2013, yet employment of people with disabilities has continued to linger at 17% despite their ability and desire to work for wages at or above the state minimum wage. Employment First Policy assumes everyone wants to work and that needed services are provided regardless of the severity of an individual’s disability. Used successfully in other states, the Employment First Office will help support and coordinate consistent understanding and application of Employment First Policy statewide.

The Employment First Office will be a permanent state office under the California Health and Human Services agency charged with facilitating the consistent and complete interpretation and implementation of Employment First Policy across the many state agencies and departments providing services to the intellectual and developmental disabilities community.

In 2021, SCDD championed SB 639 by Senator Durazo (Los Angeles), which directs the phase out of subminimum wage programming in California, effective January 1, 2025. As an employment first state, the next logical step is creating an office to help realize Employment First Policy and improve employment opportunities for our community statewide.

“We all want to work, and employers need employees,” said SCDD Chair Wesley Witherspoon. “The new Employment First Office will focus on helping everyone, including the state agencies supporting us.”

The Employment First Office will resolve the incomplete interpretation and implementation of the Employment First Policy. You can read more about California’s employment first policy here: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4869.&highlight=true&lawCode=WIC&keyword=employment+first+policy

Read the 2023 SCDD report with recommendations about how to phase out of subminimum wage here: https://scdd.ca.gov/wp-content/uploads/sites/33/2023/01/SB-639-REPORT-FINAL_ACCESSIBLE-FOR-WEB_1.2023.pdf.

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About The California State Council on Developmental Disabilities: The California State Council on Developmental Disabilities (SCDD) advocates, promotes, and implements policies and practices that achieve self-determination, independence, productivity, and inclusion in all aspects of community life for Californians with developmental disabilities and their families. For more information about SCDD visit http://www.scdd.ca.gov.

New California Bill Would Prevent and Reduce Homelessness Among Older Adults and People with Disabilities

March 9, 2023

New California Bill Would Prevent and Reduce Homelessness Among Older Adults and People with Disabilities 

SACRAMENTOLast month, Sen. Anna Caballero (D-Merced) unveiled SB 37, the Older Adults and Adults with Disabilities Housing Stability Act, that would provide rent subsidies for at-risk older and disabled individuals. The bill offers California the opportunity to ameliorate older adult homelessness at a critical time when older adults are disproportionately impacted by the housing crisis.

In introducing the legislation, Caballero pointed to the growing need for assistance for this population. From 2017 to 2021, the number of Californians 55 and older seeking homelessness services increased at double the rate of the general population. In a 2021 survey, over 50% of older adults said that an additional $300/month would be enough to make a difference in their ability to stay housed.

Notably, SB 37 advances the Master Plan for Aging’s goal of preventing and ending homelessness among older adults by enabling thousands of extremely low-income older adults and people with disabilities who are currently homeless or at risk of homelessness to afford rental housing.

What the Older Adults and Adults with Disabilities Housing Stability Act would do:

  • Establish a multi-year Rent Stabilization Fund to provide a mix of shallow and deep subsidies to help older adults and people with disabilities afford fair market rate rent and transition to permanent housing assistance programs including the Section 8 Housing Choice Voucher program.
  • Encourage the Department of Housing and Community Development to fund and work with a variety of community-based organizations who provide housing and services to older adults and people with disabilities.

Who Would be Eligible for Assistance:

People 50 and older and adults with disabilities who are:

  • Experiencing homelessness; or
  • At risk of homelessness because they have extremely low incomes (20% or below of Area Median Income), are paying more than 50% of their income for rent and are facing identified conditions that make them more vulnerable to homelessness.

The bill is cosponsored by a coalition comprising Justice in Aging, LeadingAge California, Corporation for Supportive Housing, the State Council on Developmental Disabilities and United Way of Greater LA. The cosponsors had this to say about the bill:

Kevin Prindiville, Executive Director, Justice in Aging: “Homelessness among older Californians is increasing dramatically right now, and for many people over the age of 55, they are experiencing homelessness for the first time. Decades of unfair housing policies and discrimination put Black older adults at much greater risk of becoming homeless than white older adults. We should not wait for our seniors to become homeless to help them. Providing rental assistance is a proven, cost-effective, and more humane way to prevent homelessness.”

Sharon Rapport, Director of California Policy, Corporation for Supportive Housing: “CSH is thrilled to be working alongside Senator Caballero and the other co-sponsors to pursue this important bill to connect thousands of older adults and people with disabilities to safe, stable homes. Data show rental subsidies are one of the most effective interventions for people experiencing or at risk of homelessness, but the state has yet to fund subsidies. Given that homelessness among older adults has increased by 73% since 2017, this bill offers a critical and cost-effective model to move the needle on homelessness in California.”

Jeannee Parker Martin, President and CEO, LeadingAge California: “Our lowest income older adults, many of whom live on fixed incomes severely outpaced by rent inflation and unable to return to the workforce, are especially vulnerable to experiencing homelessness. SB 37 would provide a necessary lifeline for many to stay housed while they wait to be enrolled in a permanent subsidized housing program.”

Wesley Witherspoon, Chair, California State Council on Developmental Disabilities: “People with disabilities are far more likely to live in poverty. Because many have low-fixed incomes and the increasingly high cost of rent, people with disabilities make up 43% of Californians falling into homelessness. SB 37 provides long-term housing subsidies to people like me—to avoid homelessness.”

Carter Hewgley, Director of Homeless Initiatives, United Way of Greater L.A.: “Older adults and people with disabilities across California are losing their stable housing at alarming rates. SB 37 offers a dignified, proven, and cost-effective solution to helping many of them maintain stability—we should move faster to stop this issue from growing by supporting effective legislation.”

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Governor Newsom Signs Civil Rights Assembly Bill 1663 The Probate Conservatorship Reform and Supported Decision-Making Act

September 30, 2022

Governor Newsom Signs Civil Rights Assembly Bill 1663 The Probate Conservatorship Reform and Supported Decision-Making Act

 Conservatorship reform comes to California January 1, 2023!

SACRAMENTO—Today, conservatorship reform has come to California with Governor Gavin Newsom’s signature on Assembly Bill AB 1663, introduced and championed by Assemblymember, Brian Maienschein (D-San Diego) and championed by Assemblymember Buffy Wicks (D-Oakland) and the California State Council on Developmental Disabilities as co-sponsor. This important civil rights bill will reform the state’s probate conservatorship system that allowed the decade-plus mistreatment of the world’s most famous conservatee, Britney Spears whose battle to end her conservatorship was finally terminated in 2021.

With AB 1663, California’s seniors, and people with disabilities will have less-restrictive alternatives, including supported decision-making—to probate conservatorships. Additionally, greater protections will be put in place for conservatees to make sure they maintain choice and control over their lives—instead of being confined to a long-term or permanent conservatorship without recourse.

By establishing supported decision-making in statute—a person entering a conservatorship can now choose a trusted person or team of trusted people to help them understand, review, and express their choices—giving them support without unnecessary court interference.

Flyer with the California state seal that reads: Conservatorship Reform Civil Rights Bill Becomes Law January 1, 2023! Governor Newsom has signed AB 1663 (Maienschein). With a quote from the California State Council on Developmental Disabilities' (SCDD) Chair, Wesley Witherspoon and the SCDD logo.

 

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California Receives Nearly $14 Million in Grant Funding for Competitive Integrated Employment for People with Disabilities

September 23, 2022

California Receives Nearly $14 Million in Grant Funding for Competitive Integrated Employment for People with Disabilities

SACRAMENTO—On Wednesday, the Department of Rehabilitation (DOR) was awarded $14 million by the U.S. Department of Education’s Rehabilitation Services Administration (RSA) to fund the Sub-minimum Wage to Competitive Integrated Employment (SWTCIE) project, a multi-agency, collaborative effort. The RSA provides five-year grants to states for phasing out sub-minimum wage in favor of Competitive Integrated Employment for people with intellectual and developmental disabilities (I/DD).

“SCDD is excited about California’s SWTCIE award!” said Council Chair and Employment First Committee Chair Wesley Witherspoon of the California State Council on Developmental Disabilities (SCDD). “Moving people out of subminimum wage will take many different services and supports.”

SWTCIE funds will provide innovative design of necessary resources and support to self-advocates and their family members to ensure that employees with disabilities receive needs-based services. These services will be available to people currently working in or diverted to sub-minimum wage employment.

“Meeting the needs and interests of individuals who are members of our diverse population includes expanding ways for self-advocates who have I/DD to access post-secondary education,” said Deputy Director and national employment subject matter expert Tania Morawiec of SCDD. “Customized employment access, meaningful career exploration via discovery, and essential skills training come together in the SWTCIE.”

Witherspoon says community college attendance can lead to meaningful integration and higher-paying jobs in growth industries for people with disabilities. “We are happy to support DORs SWTCIE effort and look forward to partnering with them.”

 Today, approximately 5,000 Californians with disabilities work in sheltered (segregated) workshops for wages of as little as 15 cents an hour. In 2021 the passage of SB 639 (Durazo), a bill co-sponsored by SCDD, began the transition away from the state’s outdated federal 14(c) waiver program. This program allows employers holding a 14(c) certificate from the U.S. Department of Labor to pay individuals with disabilities less than minimum wage.

“This effort is one of many that will help support job seekers who have disabilities. In this path toward competitive integrated employment, we want to make sure that people have choices and that nobody who wants to work gets left behind,” Morawiec said.

Through consultation with stakeholders and relevant state agencies, a requirement of SB 639, the SCDD will publish a multi-year plan report due in January 2023. The report will include recommendations about how to phase out the practice of paying people wages less than the state or federally mandated minimum. By January 1, 2025, paying an employee with physical or mental disabilities less than the legal minimum wage in California will be illegal.

The California State Council on Developmental Disabilities invites self-advocates and their families to make their voices heard and contribute to the content of the upcoming report by participating through their SB 639 letter-writing campaign here: https://scdd.sjc1.qualtrics.com/jfe/form/SV_6tJz804hRtUlX5c.

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State Council on Developmental Disabilities Awards Over $250,000 for New Program Ideas

September 19, 2022

State Council on Developmental Disabilities Awards Over $250,000 for New Program Ideas

SACRAMENTO: The California State Council on Developmental Disabilities (Council) awarded more than $250,000 in Cycle 45 Program Development Grants to four community-based organizations.

The Council annually awards program development grants and this year the four key areas for Cycle 45 were Education, Employment, Health and Safety, and Housing. With these unique funds, the grant recipients have a necessary resource to help encourage the development of new and innovative programs and services in their respective communities for people with intellectual and developmental disabilities and their families.

The 2022 winners of the Cycle 45 grants and their project areas are:

  • $28,125 for Health & Safety – Adaptive Parent Project of San Diego
  • $50,000 for Housing – The Kelsey of San Francisco
  • $78,298 for Education – Acorns to Oak Trees, The Pala Tribe of Pala
  • $100,000 for Employment – Jazz Hands for Autism of Culver City

“These grants help make new programs possible,” said Wesley Witherspoon, Chair of the State Council on Developmental Disabilities. “The Council hopes that the unique dollars will help create out-of-the-box projects for people with intellectual and developmental disabilities.”

Cycle 45 Program Development Grant funding is supported by the Administration for Community Living (ACL) and the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award totaling $260,000 with 100% funding by ACL/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement by, ACL/HHS or the U.S. Government.

You can view the details of the winning projects on the Council’s website here: https://scdd.ca.gov/wp-content/uploads/sites/33/2022/08/Cycle-45-Proposal-Summaries_FINAL_Accessible.pdf

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California is One Step Closer to Paying Workers with Disabilities Minimum Wage for Their Labor

March 25, 2021       

California is One Step Closer to Paying Workers with Disabilities Minimum Wage for Their Labor

Disability Advocates Applaud the Senate Labor Committee for Passing SB 639

 

On Monday, March 22, 2021, SB 639 passed through the Senate Labor, Public Retirement and Employment Committee with a vote of 4-0. The bill will be heard next in the Senate Human Services Committee.

SB 639 would prohibit paying workers with disabilities less than the California minimum wage and be paid a fair wage just like every other worker. The legislation also advances economic justice for workers with disabilities by transitioning workers with disabilities to competitive integrated employment.

Since 1938, employers have been given the ability to apply for a certificate that allows them to pay employees with disabilities less than the federal minimum wage and pay them unfairly. If SB 639 is enacted, California will join several other states that have already prohibited paying workers with disabilities a subminimum wage and redefine an outdated system.

“We thank Senator María Elena Durazo for authoring SB 639 and applaud the members of the Senate Labor, Public Employment and Retirement Committee for passing the bill with a vote of 4-0. This bill puts an end to

paying workers with disabilities sub-poverty wages and ensures these workers are offered equal protection of the law just like every other worker,” says Andrew Imparato, Executive Director, Disability Rights California.

“We are moving in the right direction to end subminimum wage in California. I am grateful that the author and the committee members recognized that paying people with disabilities below the standard minimum wage is a civil rights issue,” said Wesley Witherspoon, Chair, State Council on Developmental Disabilities.

Over 5,000 Californians with disabilities are currently working in sheltered workshops, and are being paid as little as 15 cents an hour. SB 639 develops a plan to transition these workers into decent-paying jobs and provides individualized support during this transition. Californians in support of SB 639 can send a letter of support to the Senate Human Services Committee members.

Link to sample letter here: https://www.disabilityrightsca.org/legislation/sponsored-legislation

SCDD’s Work on Employment Initiates the Governor to Call for Access, Equity and Opportunity for People with Disabilities

October 16, 2020       

State Council’s Work on Employment Initiates the Governor to Call for Access, Equity and Opportunity for People with Disabilities

In celebration of the 75th Anniversary of National Disability Employment Awareness Month, California Governor Gavin Newsom released a letter recognizing the importance of hiring and retaining people with disabilities in building a stronger and more inclusive economy. In this letter, the Governor calls on “employers, schools and other community organizations in California to redouble their efforts to ensure access, equity and opportunity for people with disabilities.”

This recognition results from advocacy by the California State Council on Developmental Disabilities (SCDD). SCDD requested the Governor to use the month of October that is National Disability Employment Awareness Month to both raise awareness of the employment barriers and challenges experienced by people with disabilities, but also as an opportunity for a call of action to address those barriers and challenges.

Data from SCDD’s 2019 Report of the Employment First Committee was highlighted in the Governor’s letter to illustrate the need for reducing the disparity and improving employment outcomes for people with disabilities.

SCDD’s Chair Maria Marquez stated, “Despite the success stories of people with disabilities in the workforce, we still have a lot of work to do to increase access and opportunity for people with disabilities including those with intellectual and developmental disabilities.” She continued, “I am grateful that Governor Newsom is encouraging everyone to take action to make the future of disability employment better, and I look forward to finding ways for the State Council to partner with the Governor and stakeholders to address this issue.”

The full letter is available at www.gov.ca.gov/wp-content/uploads/2020/10/2020-Disability-Employment-Awareness-Month-.pdf.

State Council’s Documentary Set To Premiere at the San Diego International Film Festival

October 13, 2020

State Council’s Documentary about Young Adults with Developmental Disabilities Set To Premiere at the San Diego International Film Festival

The California State Council on Developmental Disabilities (SCDD) produced a documentary called Let’s Work by awarding a grant to the California Transition Alliance who worked with Inclusion Films to highlight the employment journeys of 8 young adults with intellectual and developmental disabilities. The documentary was invited to be premiered at the San Diego International Film Festival on Saturday, Oct. 17.

The documentary’s goal is to increase access to information for Californians with intellectual and developmental disabilities, their families, and supporters to obtain Competitive Integrated Employment. The project is consistent with SCDD’s mission to advocate, promote, and implement policies and practices that achieve self-determination, productivity, independence, and inclusion in all aspects of community life for Californians with intellectual and developmental disabilities and their families.

Inclusion Films was the film crew that worked with the California Transition Alliance over the last year to create Let’s Work. Inclusion Films started in 2007 by veteran filmmaker Joey Travolta and teaches filmmaking to individuals with developmental disabilities. One of the goals of Inclusion Films is to continue to seek out employment opportunities in the film industry for individuals with developmental disabilities.

The 2020 San Diego International Film Festival will take place October 15-18. As the region’s premier film festival and one of the leading stops on the independent film circuit, film lovers will enjoy features, documentaries and shorts online in the San Diego International Film Festival Virtual Village and on the big screen at the Festival Drive-In Movies at Westfield UTC.

People who are interested in attending the film festival to watch Let’s Work can still purchase their day passes at sdfilmfest.com/festival-passes-2020 and use the code LETSWORK30 for a 30 percent discount.

Once the documentary premieres this weekend, the full version will be available for the public to watch at no cost. The trailer for the documentary is available now at youtu.be/eCYwC63zy8M.

Safety and Employment Opportunities for Californians with Intellectual and Developmental Disabilities Improved

October 1, 2020

Safety and Employment Opportunities for Californians with Intellectual and Developmental Disabilities Improved

Governor Gavin Newsom signed Senate Bill 1264 on September 30th. The bill was authored by the Senate Committee on Human Services. The State Council on Developmental Disabilities (SCDD) sponsored the initial bill’s provisions related to authorized representatives and the Limited Examination and Appointment Program (LEAP) to protect the civil rights of people with intellectual and developmental disabilities by providing changes to different policy areas.

SB 1264’s main components include:

  • Clarifying the process for a person with a disability who is interested in having an authorized representative appointed. Authorized representatives assist with expressing desires of the people they represent and in making decisions and advocating for their needs, preferences, and choices.
  • Extending the sunset of the LEAP’s Internship Program. This extension ensures that the option for people with intellectual and developmental disabilities does not expire while the work of the Governor’s Taskforce on Diversity goes forward this year. The sunset date changes from January 1, 2021 to January 1, 2022.
  • Requiring licensed residential facilities and adult day programs to adopt emergency and disaster preparedness plans.

SCDD’s Chair Maria Marquez applauded the passage of the bill and stated, “People with intellectual and developmental disabilities often have to endure extra challenges because of the lack of good foundation in the system. With the signing of SB 1264, we are improving the system one step at a time by ensuring safety and extending opportunities.”

The bill passed both houses unanimously and takes effect on January 1, 2021.

State Council on Developmental Disabilities Honors the 30th Anniversary of the Americans with Disabilities Act

 

July 27, 2020

State Council on Developmental Disabilities Honors the 30th Anniversary of the Americans with Disabilities Act

Even after the nation commemorated July 26, 2020 as the 30th Anniversary of the Americans with Disabilities (ADA) Act that was passed in 1990, the California State Council on Developmental Disabilities (SCDD) continues to publish a variety of stories from people with disabilities about how the law has impacted their lives. The special anniversary was also declared by California Governor Gavin Newsom as Americans with Disabilities Act Awareness Day.

The Statewide Self-Advocacy Network (SSAN) within SCDD is a group that connects self-advocates, their communities, and statewide organizations to increase leadership by people with disabilities. One of its members who lives in Sacramento, Renee Wooten expresses, “We have come a long way in terms of access to employment, transportation, and long-term services and supports.”

The anniversary is also an opportunity for people to think about how there is more work to be done for people with disabilities to achieve the goals of the ADA including full participation, independent living, equality of opportunity, and economic self-sufficiency. Wooten shares, “I was lucky to be included in a Target ad when I was a kid. It has been neat to see other clothing chains start to include people with disabilities in their clothing lines. I look forward to a future where families with disabilities are present in ad campaigns. I look forward to living in a world where people who use assistive technology like wheelchairs and canes are looked at no different than people who wear hearing aids or glasses.”

SCDD’s Chair, Maria Marquez said, “We are thrilled to celebrate this milestone of the Americans with Disabilities Act. People with disabilities have worked tirelessly to make our voices heard in the community, and the Council will continue their work to make every community a place where people with disabilities can have the same full and equal opportunities for life, liberty, and the pursuit of happiness as all other people.”

SCDD’s ADA stories and discussions from its SSAN members, Regional Advisory Committee members, and Councilmembers including the items listed below will be published throughout the rest of July on its Facebook page on facebook.com/CalSCDD.

Over 6 Million Pieces of PPE Secured and Distributed to Californians with Intellectual or Developmental Disabilities

May 29, 2020

Over 6 Million Pieces of PPE Secured and Distributed to Californians with Intellectual or Developmental Disabilities

After continuous advocacy, the California State Council on Developmental Disabilities (SCDD) has secured over six million pieces of personal protective equipment (PPE) for people with intellectual or developmental disability and their families from the Governor’s Office of Emergency Services. The items include sanitizer, masks, and face shields.

SCDD is able to quickly distribute these items by creating a regional plan for how to safely give these items to people with intellectual or developmental disability. Hundreds of community-based partner organizations throughout California have been invited by SCDD to work together in the distribution process in their areas.

For example, the Sacramento Regional Office is hosting a three-day drive-through from Monday, June 1 to Wednesday, June 3 at Alta California Regional Center. Most offices are working with police departments, school districts, churches, self-advocacy organizations, regional centers, providers, community non-profits to make the distribution process efficient and safe.

Maria Marquez, the Chair of the Council stated, “I am elated to know that the Council is now able to give necessary PPE to the families in need. I would like to thank the Governor and all the agencies and local partners that are working tirelessly during this public health crisis to keep our state safe. We will continue to work together to protect people with IDD and their families from COVID-19.”

People who live in California and have an intellectual or developmental disability, or their family member, can email their SCDD Regional Office to request PPE. Here is the list of the 12 regional offices and the email address they should use for the request:

North Coast Regional Office

Counties: Del Norte, Humboldt, Lake, and Mendocino

Email: northcoast@scdd.ca.gov

 

North State Regional Office

Counties: Butte, Tehama, Plumas, Lassen, Glenn, Modoc, Shasta, Siskiyou, and Trinity

Email: northstate@scdd.ca.gov

 

Sacramento Regional Office

Counties: Alpine, Colusa, Sierra, El Dorado, Nevada, Placer, Sacramento, Sutter, Yolo, and Yuba

Email: sacramento@scdd.ca.gov

 

North Bay Regional Office

Counties: Napa, Solano, and Sonoma

Email: northbay@scdd.ca.gov

 

Bay Area Regional Office

Counties: Alameda, Contra Costa, Marin, San Francisco, and San Mateo

Email: bayarea@scdd.ca.gov 

 

North Valley Hills Regional Office

Counties: Amador, Calaveras, San Joaquin, Stanislaus, and Tuolumne

Email: northvalleyhills@scdd.ca.gov

 

Central Coast Regional Office

Counties: Santa Clara, Monterey, Santa Barbara, Ventura, San Benito, San Luis Obispo, and Santa Cruz

Email: centralcoast@scdd.ca.gov

 

Sequoia Regional Office

Counties: Fresno, Kern, Mariposa, Madera, Kings, Tulare, and Merced

Email: sequoia@scdd.ca.gov

 

Los Angeles Regional Office

Counties: Los Angeles

Email: Julie.Eby-McKenzie@scdd.ca.gov

 

Orange County Regional Office

Counties: Orange

Email: orangecounty@scdd.ca.gov

 

San Bernardino Regional Office

Counties: San Bernardino, Riverside, Inyo, and Mono

Email: sanbernardino@scdd.ca.gov

 

San Diego Imperial Regional Office

Counties: San Diego and Imperial

Email: sandiego@scdd.ca.gov

Listening Session in Inland Empire Connects Community Members to State and Federal Representatives

February 20, 2020

Listening Session in Inland Empire Connects Community Members to State and Federal Representatives

SAN BERNARDINO – Community members including people with developmental disabilities and their family members gathered at San Bernardino Valley College last night to discuss how they have dealt with emergency situations including wildfires, and active shooters and what resources they need. This event was hosted by the Administration on Community Living’s Office of Intellectual and Developmental Disabilities (OIDD) and the State Council on Developmental Disabilities (SCDD) to provide a forum where the federal representatives from the OIDD could collect stories and recommendations.

Prior to the listening session portion of the event, various government representatives and local leaders gave remarks, including:

Levi Bailey, Riverside County District Attorney’s Office Supervising Investigator
Mona Bontty, CalOES Emergency Management Instructor
Beth Burt, Inland Empire Autism Society Executive Director
Aaron Carruthers, SCDD Executive Director
Kelli Catlett, Riverside County District Attorney’s Office Chief Deputy District Attorney
Allison Cruz, OIDD Acting Director
Tamica Foots-Rachal, SCDD San Bernardino Regional Manager
Esmerelda Vazquez, Assemblymember Eloise Gómez Reyes’ District Representative

The OIDD representatives asked attendees to share their experience regarding emergency preparedness, evacuation, and immediate needs.

Many of the attendees spoke about their experiences responding to recent emergencies and suggested ideas and plans for better and improved preparedness. Some of the ideas discussed were ensuring that deaf and hard of hearing people are made aware of announcements, involving local media to spread the message of preparedness, and creating collaboration between local organizations. These ideas were later written down as recommendations for the OIDD to bring back to its federal partners.

A woman writing on a poster board

Councilmember Kara Ponton writes down her emergency preparedness recommendations. High quality photo is available at https://scdd.ca.gov/wp-content/uploads/sites/33/2020/02/Councilmember-Kara-Ponton-writes-down-her-emergency-preparedness-recommendations.-2.jpg.

OIDD Kicks Off Its First California Listening Session in Chico

February 18, 2020

Office of Intellectual and Developmental Disabilities (OIDD) Kicks Off Its First California Listening Session in Chico

CHICO – Representatives of the California State Council on Developmental Disabilities (SCDD) and the federal Office of Intellectual and Developmental Disabilities (OIDD) met in Northern California today to start off OIDD’s listening session series in California. This is OIDD’s 15th listening session, and its goal is to hear about how people prepare for disasters and how they are recovering from the recent natural and man-made emergency events. OIDD representatives are meeting with people with disabilities, family members, and service providers to discuss what worked, what did not work, and what resources are still needed in times of emergencies.

The first stop of the listening session series in California was Chico. The OIDD representatives toured Paradise to observe the fire-impacted areas. The tour was led by Charles Nutt, a former SCDD Councilmember who lost his home due to the Paradise Fire.

At a town hall style event at the Chico Masonic Family Center, outreach tables were set up by local organizations and agencies including Far Northern Regional Center, Disability Rights California, and CAL FIRE Butte Unit. The regional focus of today’s listening session was wildfires and public safety power shutoffs (PSPS), and the speakers at the afternoon event were:

  • Shelby Boston, Butte County Department of Employment and Social Services Director
  • Aaron Carruthers, SCDD Executive Director
  • Allison Cruz, OIDD Acting Director
  • Melissa Gruhler, Far Northern Regional Center Executive Director
  • Roger Hatton, Shasta County Far Northern Regional Center Board of Director Member
  • Bob Irvine, California Vocations Retired Director
  • Sarah May, SCDD North State Regional Manager
  • Vance Taylor, CalOES (Governor’s Office of Emergency Services) Office of Access and Functional Needs Chief

The listening session in Chico included a facilitated conversation in which audience members answered questions about preparedness process, challenges, shelter, and mental health from OIDD Acting Director Allison Cruz and her team.

After collecting recommendations and stories from the audience, Cruz exclaimed, “My team and I are grateful for the warm welcome we received in Chico today. The challenges and best practices the participants shared with us will be extremely helpful as we provide these recommendations across federal partners and programs to inform their work in the Northern California region.”

The OIDD and SCDD representative meet in Sacramento tomorrow morning to discuss the State Plan then head to San Bernardino to meet with Councilmembers representing the region.

Councilmembers Set Policy Priorities at the First Council Meeting of 2020

February 11, 2020

Councilmembers Set Policy Priorities at the First Council Meeting of 2020

SACRAMENTO – The State Council on Developmental Disabilities decided on its policy priorities at the first council meeting of the year on Tuesday, Jan. 28 at Hilton Arden-West in Sacramento. This meeting was presided by the new Chair and Vice Chair of the Council, Maria Marquez and Julie Austin, respectively. The Council is focusing in 2020 its policy priorities on employment, housing, safety and education, and the Councilmembers will focus on advocating for systematic change in these areas to improve the lives of Californians with developmental disabilities.

Marquez and Austin are an experienced pair that has been serving as interim Chair and Vice Chair since July 2019 and were officially elected to lead the Council at the meeting in November 2019.

Chair Maria Marquez of Los Angeles is a self-advocate. She is a member of the Regional Center of the East Bay’s Board of Directors and Consumer Advisory Committee and serves as vice president of the center’s Self-Determination Program Local Advisory Committee. Maria is a consumer advocate for the Eastern Los Angeles Regional Center, peer advocate for the Family Resource Center and Disability Rights California. She also serves as a member of the Developmental Disabilities Council of Contra Costa County and works at the University of Southern California’s University Center for Excellence in Developmental Disabilities (UCEDD). She is a statewide representative at the Council.

Vice Chair Julie Austin of San Diego is a family advocate who has been an independent special education and disabilities advocate since 2001 and an In-Home Supportive Services caregiver since 2010. She represents San Diego and Imperial Counties at the Council.

Marquez expressed her gratitude and excitement to be chosen to lead the Council and stated, “Vice Chair Julie Austin and I are looking forward to serving Californians with developmental disabilities and their families. 2020 is going to be a fantastic year full of education, communication, and activities.”

The next Council meeting is set for March 17 in Sacramento and every meeting is open to the public. March is Developmental Disabilities Awareness Month, and some Councilmembers will visit their state legislators at the Capitol the day after the March Council meeting.

Two ladies sitting next to each other

Julie Austin (left) and Maria Marquez (right). High quality photo of this photo is available at https://scdd.ca.gov/wp-content/uploads/sites/33/2019/11/IMG_0632.jpg.

Governor Newsom Signs Bill to Protect Students with Disabilities in Non-public Schools

October 7, 2019

Governor Newsom Signs Bill to Protect Students with Disabilities in Non-public Schools

SACRAMENTO – Governor Gavin Newsom signed AB 1172 last Wednesday authored by Assemblymember Jim Frazier. In 2018, a student in El Dorado Hills died after he reportedly stopped breathing after being placed in a prone restraint for over an hour. The California State Council on Developmental Disabilities was pleased to testify in support of the bill that takes important steps forward to protecting students attending non-public schools.

AB 1172 adds safeguards to enhance student safety by requiring on-site monitoring visits to non-public schools, requiring non-public schools to report incidents involving law enforcement to the California Department of Education (CDE), and allowing CDE to suspend or revoke the certification of a non-public school if the health or safety of a student is being compromised.

“I am delighted to hear Governor Newsom signed AB 1172. We are grateful for Assemblymember Frazier and Superintendent Thurmond’s leadership to ensure our students including those with intellectual or developmental disabilities are protected in school” stated Maria Marquez, Interim Chairperson of the Council.

Assemblymember Frazier responded to the signing of AB 1172 by stating, “I want to thank the Governor for signing AB 1172, legislation that will ensure the safety of students at specialized nonpublic schools. The most vulnerable students in our state deserve a safe place to learn,” said Assemblymember Jim Frazier. “I am also grateful to Superintendent Tony Thurmond for his partnership on this issue. Our exceptional students benefit from expanded educational opportunities and I look forward to collaborating with the Superintendent on this subject in the future.”

Video of AB 1172 in Assembly Education Committee (April 24, 2019): https://youtu.be/dewxc0oGup0

Governor Newsom Signs State Council Sponsored Apprenticeship Bill into Law

August 2, 2019

Governor Newsom Signs State Council Sponsored Apprenticeship Bill into Law

SACRAMENTO – The State Council on Developmental Disabilities (SCDD) commends Governor
Newsom for signing AB 1019 into law. AB 1019 was authored by Assemblymember Jim Frazier and
sponsored by SCDD. This bill amends the California Labor Code to expand membership of the Division of
Apprenticeship Standards’ Interagency Advisory Committee on Apprenticeship (IACA) to include the
Director of the California Department of Rehabilitation and the Executive Director of the State Council on
Developmental Disabilities.

“We are excited to welcome the Director of the California Department of Rehabilitation and the Executive
Director of the State Council on Developmental Disabilities as ex officio members of the IACA. Their
addition to the IACA will be an invaluable resource for us as we continue to expand State Registered
Apprenticeship opportunities in California,” stated Eric Rood, Chief of the Division of Apprenticeship
Standards (DAS).

AB 1019 also requires the creation of a subcommittee to address apprenticeships for people with
disabilities. The IACA was created in 2018 by AB 235 with the goal of fostering, promoting, and
developing opportunities for competitive employment through apprenticeships.

“Apprenticeships are not only crucial to the success of our economy, but also provide an important career
pathway and opportunity toward competitive integrated employment for workers with and without
disabilities. The Department of Rehabilitation looks forward to working with all stakeholders to jointly build
and advance a strong and inclusive workforce in California,” stated Joe Xavier, Director of the Department
of Rehabilitation.

“Apprenticeships provide an important avenue to opening competitive employment opportunities to people
with disabilities. The Council looks forward to joining the IACA and working together to create new
opportunities by formally connecting these pathways to employment,” stated Maria Marquez, SCDD
Interim Chair. “The State Council is grateful for the leadership of Governor Newsom and
Assemblymember Frazier.