PRINTER'S NO. 1733
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1199
Session of
2015
INTRODUCED BY MENSCH, WILEY, VULAKOVICH, VOGEL, McGARRIGLE,
GREENLEAF, RAFFERTY, COSTA, DINNIMAN, YUDICHAK, BARTOLOTTA,
SCARNATI, SMUCKER AND HAYWOOD, APRIL 22, 2016
REFERRED TO LABOR AND INDUSTRY, APRIL 22, 2016
AN ACT
Providing for competitive employment in an integrated setting in
State, county and local agencies for individuals with
disabilities; establishing the Employment First Program, the
Employment First State Coordinating Council and the
Employment First Commission and providing for their powers
and duties; and conferring powers and imposing duties on the
Governor and the Office of the Governor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known as and may be cited as the
Pennsylvania Employment First Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) It is the purpose of this act to ensure that
individuals with disabilities be given the opportunity to
achieve economic independence through jobs that pay regular
wages in typical community settings.
(2) The current work force participation rate for
individuals with disabilities is 20%.
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(3) All individuals are presumed competent and able and
should be afforded the opportunity to work.
(4) Significant changes have occurred and are continuing
to evolve with advances in effective support strategies and
technology.
(5) Each year throughout this Commonwealth, thousands of
high school students with disabilities who use 504 plans or
qualify under the Americans with Disabilities Act of 1990
(Public Law 101-336, 104 Stat. 327) graduate from special
education programs and are ready and able to work at
competitive wages in private and public sector jobs.
(6) The Commonwealth can realize a return on its
significant investment in young adults with disabilities who
have benefited from a free and appropriate public education
and other State services by adopting policies that further
the goal of competitive employment in an integrated setting
for individuals with disabilities.
(7) Hundreds of thousands of job openings are listed
every day, reflecting the challenges faced by employers in
finding and keeping a dedicated work force, challenges that
could be resolved, in part, through the hiring of individuals
with disabilities.
(8) Recognition and furtherance of the benefits of
meaningful work applies to all working individuals, including
the opportunity for competitive employment in an integrated
setting for individuals with disabilities.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Competitive employment." Work in the labor market:
(1) that is performed on a full-time or part-time basis
in an integrated setting; and
(2) for which an individual is compensated at or above
the minimum wage and not less than the customary wage and
level of benefits paid by the employer for the same or
similar work performed by individuals who do not have
disabilities.
"Commission." The Employment First Oversight Commission
established under section 6.
"Council." The Employment First State Coordinating Council
established under section 5.
"Disability." Either of the following:
(1) A documented physical or mental impairment that
substantially limits one or more major life activities of an
individual.
(2) A documented impairment as defined by the Americans
with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
327), including veterans' service-connected disabilities.
"Integrated setting." With respect to employment, a setting
in which individuals with disabilities work with individuals
without disabilities, other than those individuals who are
providing services to the individuals with disabilities, to the
same extent that individuals without disabilities in comparable
positions interact with other individuals.
"Program." The Employment First Program established under
section 4.
Section 4. Employment First Program.
(a) Establishment.--The Employment First Program is
established. The program shall require practicable:
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(1) competitive employment in an integrated setting for
all working age adults and youths with disabilities,
regardless of the severity of the disability and the
assistance required; and
(2) employment services and opportunities to be offered
for all individuals receiving publicly funded services,
regardless of whether they live in their own home or in a
residential setting and without regard to the type of service
funding.
(b) Implementation.--State, county and local agencies that
provide services and support to individuals with disabilities of
working age shall comply with the requirements of the program
and ensure that the requirements of the program are effectively
implemented in agency programs and services to the extent
practicable.
(c) Collaboration.--State, county and local agencies that
provide services and support to individuals with disabilities
shall coordinate efforts and collaborate within and among such
agencies to ensure that State programs, policies, procedures and
funding support competitive employment in an integrated setting
for individuals with disabilities of working age.
(d) Policies.--State, county and local agencies shall review
their respective policies relating to payment of service
providers to align payment policies with the requirements of the
program. State, county and local agencies shall ensure that
providers of service coordination, case management and
authorization services funded through the State Medicaid
program, including home and community-based waiver programs,
receive financial incentives that support the placement and
continued employment of individuals with disabilities in
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competitive employment in an integrated setting.
(e) Staff.--State, county and local agencies shall implement
the requirements of the program with trained and certified staff
that meet the competencies of national standards, including
certification as a Certified Employment Support Professional or
membership in the Association of Community Rehabilitation
Educators.
(f) Assessment.--State, county and local agencies shall
develop clear outcome expectations for employment that include
annual baseline employment data and specific percentage goals
for individuals gaining competitive employment in integrated
settings. On an annual basis, each agency shall complete an
assessment of its progress toward meeting these goals and ensure
that the information is publicly available and posted on its
publicly accessible Internet website.
(g) Progress.--State agencies are authorized to share
general, nonindividualized data and information across systems
in an effort to track progress toward full implementation of the
the requirements of the program. State agencies are encouraged
to adopt measurable goals and objectives to promote the
assessment of progress under this subsection.
(h) State agency compliance.--The following shall apply:
(1) State agencies shall make an effort to employ
individuals with disabilities in no less than 7% of the
overall State work force.
(2) No State agency shall be required to give preference
in hiring to individuals with disabilities.
(3) The State Civil Service Commission shall review and
consider changes in its policies and procedures in order to
support progress towards the initial goal established under
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this subsection.
(i) Initial plan.--No later than one year after the
effective date of this subsection, the Office of the Governor
shall develop an initial three-year plan for the program for
submission to the General Assembly. The plan shall identify the
specific policies and implementation dates for State agency
compliance with this act.
(j) Annual report.--The assessment information compiled by
each State, county and local agency under subsections (f) and
(g) and any other information deemed necessary shall be sent to
the Governor's Office of Policy and Planning no later than
August 1 of each year for consideration and inclusion in an
annual report by the Office of the Governor to the General
Assembly that documents continued and improved State, county and
local agency compliance with this act. The report shall be
submitted to the General Assembly no later than November 30 of
each year.
Section 5. Employment First State Coordinating Council.
(a) Establishment--The Governor shall establish the
Employment First State Coordinating Council, which shall be
chaired by a senior official in the Governor's Office of Policy
and Planning. The Governor shall appoint the members of the
council, which shall consist of the officials provided under
subsection (b).
(b) Composition.--The council shall consist of the following
officials, who may not delegate their duties to other officials,
except for good cause:
(1) A Deputy Secretary in the Governor's Office of
Policy and Planning.
(2) The Executive Deputy Secretary of the Department of
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Education.
(3) The Deputy Secretary for Elementary and Secondary
Education in the Department of Education.
(4) The Director of the Bureau of Special Education in
the Department of Education.
(5) The Executive Deputy Secretary of the Department of
Human Services.
(6) The Deputy Secretary of the Office of Developmental
Programs in the Department of Human Services.
(7) The Deputy Secretary of the Office of Mental Health
and Substance Abuse Services in the Department of Human
Services.
(8) The Deputy Secretary of the Office of Long-Term
Living in the Department of Human Services.
(9) The Executive Deputy Secretary of the Department of
Labor and Industry.
(10) The Deputy Secretary for Workforce Development of
the Department of Labor and Industry.
(11) The Executive Director of the Office of Vocational
Rehabilitation of the Department of Labor and Industry.
(c) Powers and duties.--The council shall have the following
powers and duties:
(1) Conduct:
(i) a detailed review of existing regulations,
policies and procedures relating to the goal of
competitive employment in an integrated setting for high
school graduates with disabilities; and
(ii) a review and alignment of service definitions,
policies and payment structures within and across State
agencies.
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(2) Develop:
(i) recommendations to the Governor, the Secretary
of Education, the Secretary of Human Services and the
Secretary of Labor and Industry for changes in
regulations, policies and procedures necessary to ensure
the robust implementation of the program; and
(ii) recommendations to the Governor for any
legislative changes necessary to support and implement
this act.
(d) Collaboration.--The council shall ensure that agreements
among local entities of the State agencies are developed and
adopted to ensure appropriate collaboration among agencies at
regional and local levels across this Commonwealth.
(e) Meetings.--The council shall meet quarterly and shall be
responsible for coordinating the development of policies
designed to implement this act by all State agencies providing
services to individuals with disabilities.
Section 6. Employment First Oversight Commission.
(a) Establishment and composition.--An independent
Employment First Oversight Commission is established. The
commission shall consist of the following members, who shall
serve for a three-year term:
(1) Four members, not under the employ of the
Commonwealth, who are individuals with a disability or
individuals who are knowledgeable about the employment of
individuals with a disability. The following shall apply:
(i) One shall be appointed by the President pro
tempore of the Senate.
(ii) One shall be appointed by the Minority Leader
of the Senate.
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(iii) One shall be appointed by the Speaker of the
House of Representatives.
(iv) One shall be appointed by the Minority Leader
of the House of Representatives.
(2) Two individuals with disabilities, appointed by the
Governor.
(3) Two parents or family members of individuals with
disabilities, appointed by the Governor.
(4) Two individuals who have successful experience in
providing services and support to high school students and
recent graduates with disabilities leading to competitive
employment in an integrated setting, appointed by the
Governor.
(5) A representative of Disabilities Rights
Pennsylvania, appointed by the Governor.
(6) A representative of the Pennsylvania Rehabilitation
Council, appointed by the Governor.
(7) A representative of the Pennsylvania Statewide
Independent Living Council, appointed by the Governor.
(b) Meetings.--The Governor shall designate one member to
convene and organize the first meeting of the commission at
which the commission shall elect a chairperson and such other
officers as it deems necessary from among its members. The
commission shall meet at least four times each year or at the
call of the chairperson. A quorum shall consist of a majority of
the members of the commission. All actions of the commission
shall be taken only after approval by a majority vote of the
members present after a quorum is established during a lawful
meeting of the commission.
(c) Reimbursement.--Each member of the commission shall be
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reimbursed normal and customary travel expenses in accordance
with Commonwealth travel policies for attendance at meetings of
the commission.
(d) Progress.--The commission shall establish measurable
goals and objectives governing the implementation of this act.
The commission shall track the measurable progress of public
agencies in implementing this act. All State agencies shall
fully cooperate with and provide data and information to assist
the commission in carrying out its duties.
(e) Annual report.--The commission shall issue an annual
report on October 1 of each year, detailing the progress made on
each of the measurable goals and objectives during the preceding
fiscal year. The annual report shall also include
recommendations to the Governor and the General Assembly for
effective strategies and policies needed to support the
implementation of this act.
(f) Support.--The Office of the Governor shall ensure that
reasonable staff and support are made available to the
commission to carry out its duties under this section. The
Office of the Governor shall also ensure that administrative
costs, including money for travel expenses authorized under
subsection (c) and money for the distribution of the annual
report and other related administrative costs, are made
available to enable the commission to carry out its duties under
this section. The commission may seek the attendance and
participation of members of the council in meetings of the
commission in order to assist the commission in carrying out its
responsibilities under this section.
Section 7. Training and outreach.
All State agencies providing services to individuals with
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disabilities of working age shall establish systems of outreach
and training that provide information to the following
individuals about the program and available opportunities for
participation in competitive employment in an integrated
setting:
(1) Individuals with disabilities and their families.
(2) Providers of employment services for individuals
with disabilities.
(3) Education, vocational rehabilitation and human
service officials responsible for services to individuals
with disabilities.
Section 8. Effective date.
This act shall take effect in 60 days.
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