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AB-2171 Individuals with disabilities: special education and related services.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
AB2171:v97#DOCUMENT

Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  April 04, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2171


Introduced by Assembly Member Frazier

February 12, 2018


An act to amend Section Sections 56345 and 56475 of, and to add Section 56461.5 to, the Education Code, and to amend Section 19013 Sections 4646.5, 19013, and 19104 of the Welfare and Institutions Code, relating to individuals with disabilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2171, as amended, Frazier. Individuals with disabilities: special education and related services: interagency agreements. 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.
This bill would require provide that the Legislature recognizes that the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation to develop, or amend an existing, interagency 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 that agreement, the State Department of Education ensure that the agreement results in the creation of certain components. The bill would require the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation to establish a stakeholder workgroup, with a specified membership, and to regularly consult with the workgroup on the agreement and the implementation of the agreement. The bill would require the interagency agreement to include specified components and to be submitted the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation to submit a report on the implementation of the agreement to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2020.
(2) 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 require the State Department of Education, Board of Education, on or before July 1, 2019, and the Department of Rehabilitation, to adopt the Employment First Policy, as provided.
(3) 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 that specifies how the local educational agency will support the pupil in obtaining or retaining competitive and integrated employment, as specified.
(4) 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 a section that specifies how the State Department of Developmental Services 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.
(5) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 56345 of the Education Code is amended to read:

56345.
 (a) The individualized education program is a written statement for each individual with exceptional needs that is developed, reviewed, and revised in accordance with this section, as required by Section 1414(d) of Title 20 of the United States Code, and that includes the following:
(1) A statement of the individual’s present levels of academic achievement and functional performance, including the following:
(A) The manner in which the disability of the individual affects his or her involvement and progress in the general education curriculum.
(B) For preschool children, as appropriate, the manner in which the disability affects his or her participation in appropriate activities.
(C) For individuals with exceptional needs who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives.
(2) A statement of measurable annual goals, including academic and functional goals, designed to do the following:
(A) Meet the needs of the individual that result from the disability of the individual to enable the pupil to be involved in and make progress in the general education curriculum.
(B) Meet each of the other educational needs of the pupil that result from the disability of the individual.
(3) A description of the manner in which the progress of the pupil toward meeting the annual goals described in paragraph (2) will be measured and when periodic reports on the progress the pupil is making toward meeting the annual goals, such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards, will be provided.
(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the pupil, or on behalf of the pupil, and a statement of the program modifications or supports for school personnel that will be provided to enable the pupil to do the following:
(A) To advance appropriately toward attaining the annual goals.
(B) To be involved in and make progress in the general education curriculum in accordance with paragraph (1) and to participate in extracurricular and other nonacademic activities.
(C) To be educated and participate with other individuals with exceptional needs and nondisabled pupils in the activities described in this subdivision.
(5) An explanation of the extent, if any, to which the pupil will not participate with nondisabled pupils in the regular class and in the activities described in subparagraph (C) of paragraph (4).
(6) (A) A statement of individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the pupil on state and districtwide assessments consistent with Section 1412(a)(16)(A) of Title 20 of the United States Code.
(B) If the individualized education program team determines that the pupil shall take an alternate assessment instead of a particular state or districtwide assessment of pupil achievement, a statement of the following:
(i) The reason why the pupil cannot participate in the regular assessment.
(ii) The reason why the particular alternate assessment selected is appropriate for the pupil.
(7) The projected date for the beginning of the services and modifications described in paragraph (4), and the anticipated frequency, location, and duration of those services and modifications.
(8) Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the following shall be included: information:
(A) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills.
(B) The transition services, as defined in Section 56345.1, including courses of study, needed to assist the pupil in reaching those goals.
(C) In furtherance of the goals of the Employment First Policy in Section 4869 of the Welfare and Institutions Code, for transition age pupils who qualify, or are expected to qualify, for services through the State Department of Developmental Services or the Department of Rehabilitation, or both departments, a subsection created by the local educational agency within the transition planning section of the individualized education program that specifies how the local educational agency will support the pupil in obtaining or retaining competitive and integrated employment, as defined in subdivision (d) of Section 4868 of the Welfare and Institutions Code, including what accommodations the local educational agency will provide to the pupil, in cooperation and collaboration with other local agencies and state departments.
(b) If appropriate, the individualized education program shall also include, but not be limited to, all of the following:
(1) For pupils in grades 7 to 12, inclusive, any alternative means and modes necessary for the pupil to complete the prescribed course of study of the district and to meet or exceed proficiency standards for graduation.
(2) For individuals whose native language is other than English, linguistically appropriate goals, objectives, programs, and services.
(3) Pursuant to Section 300.106 of Title 34 of the Code of Federal Regulations, extended school year services shall be included in the individualized education program and provided to the pupil if the individualized education program team of the pupil determines, on an individual basis, that the services are necessary for the provision of a free appropriate public education to the pupil.
(4) Provision for the transition into the regular class program if the pupil is to be transferred from a special class or nonpublic, nonsectarian school into a regular class in a public school for any part of the schoolday, including the following:
(A) A description of activities provided to integrate the pupil into the regular education program. The description shall indicate the nature of each activity, and the time spent on the activity each day or week.
(B) A description of the activities provided to support the transition of pupils from the special education program into the regular education program.
(5) For pupils with low-incidence disabilities, specialized services, materials, and equipment, consistent with guidelines established pursuant to Section 56136.
(c) It is the intent of the Legislature in requiring individualized education programs, that the local educational agency is responsible for providing the services delineated in the individualized education program. However, the Legislature recognizes that some pupils may not meet or exceed the growth projected in the annual goals and objectives of the individualized education program of the pupil.
(d) Consistent with Section 56000.5 and Section 1414(d)(3)(B)(iv) of Title 20 of the United States Code, it is the intent of the Legislature that, in making a determination of the services that constitute an appropriate education to meet the unique needs of a deaf or hard-of-hearing pupil in the least restrictive environment, the individualized education program team shall consider the related services and program options that provide the pupil with an equal opportunity for communication access. The individualized education program team shall specifically discuss the communication needs of the pupil, consistent with “Deaf Students Education Services Policy Guidance” (57 Fed. Reg. 49274 (October 1992)), including all of the following:
(1) The pupil’s primary language mode and language, which may include the use of spoken language with or without visual cues, or the use of sign language, or a combination of both.
(2) The availability of a sufficient number of age, cognitive, and language peers of similar abilities, which may be met by consolidating services into a local plan areawide program or providing placement pursuant to Section 56361.
(3) Appropriate, direct, and ongoing language access to special education teachers and other specialists who are proficient in the pupil’s primary language mode and language consistent with existing law regarding teacher training requirements.
(4) Services necessary to ensure communication-accessible academic instructions, school services, and extracurricular activities consistent with the federal Vocational Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.) and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(5) In accordance with Section 300.113 of Title 34 of the Code of Federal Regulations, each public agency shall ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly.
(6) Subject to paragraph (7), each public agency, pursuant to Section 300.113(b) of Title 34 of the Code of Federal Regulations, shall ensure that external components of surgically implanted medical devices are functioning properly.
(7) For a child with a surgically implanted medical device who is receiving special education and a service under Section 56363, a public agency is not responsible for the postsurgical maintenance, programming, or replacement of the medical device that has been surgically implanted, or of an external component of the surgically implanted medical device.
(e) State moneys appropriated to districts or local educational agencies may not be used for any additional responsibilities and services associated with paragraphs (1) and (2) of subdivision (d), including the training of special education teachers and other specialists, even if those additional responsibilities or services are required pursuant to a judicial or state agency determination. Those responsibilities and services shall only be funded by a local educational agency as follows:
(1) The costs of those activities shall be funded from existing programs and funding sources.
(2) Those activities shall be supported by the resources otherwise made available to those programs.
(3) Those activities shall be consistent with Sections 56240 to 56243, inclusive.
(f) It is the intent of the Legislature that the communication skills of teachers who work with hard-of-hearing and deaf children be improved. This section does not remove the discretionary authority of the local educational agency in regard to in-service activities.
(g) Beginning not later than one year before the pupil reaches the age of 18 years, a statement that the pupil has been informed of the pupil’s rights under this part, if any, that will transfer to the pupil upon reaching the age of 18 years pursuant to Section 56041.5.
(h) The individualized education program team is not required to include information under one component of a pupil’s individualized education program that is already contained under another component of the individualized education program.
(i) This section does not require that additional information, beyond that explicitly required by Section 1414 of Title 20 of the United States Code and this part, be included in the individualized education program of a pupil.

SECTION 1.SEC. 2.

 Section 56461.5 is added to the Education Code, to read:

56461.5.
 The department (a) On or before July 1, 2019, the board shall adopt the Employment First Policy described in Section 4869 of the Welfare and Institutions Code and shall apply it to all with respect to transition age pupils who qualify, or are expected to qualify, for services through the State Department of Developmental Services or the Department of Rehabilitation, or through both departments.
(b) After the board adopts the Employment First Policy pursuant to subdivision (a), the department shall apply that policy to all transition related services and supports, in accordance with Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, an individual with exceptional needs is entitled to, or may be entitled to, from the department. to which pupils who qualify, or are expected to qualify, for services through the State Department of Developmental Services, the Department of Rehabilitation, or both, are entitled, or may be entitled.
(c) The Legislature recognizes that the Employment First Policy in subdivision (a) of Section 4869 of the Welfare and Institutions Code provides that postsecondary education, technical or vocational training, and internship programs may be considered as a means to achieve integrated competitive employment or career advancement.

SEC. 2.SEC. 3.

 Section 56475 of the Education Code is amended to read:

56475.
 (a) The Superintendent and the directors of the State Department of Health Care Services, the State Department of Developmental Services, the State Department of Social Services, the Department of Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and the Employment Development Department shall develop written interagency agreements or adopt joint regulations that include responsibilities, in accordance with Section 1412(a)(12) of Title 20 of the United States Code and Section 300.154 of Title 34 of the Code of Federal Regulations, for the provision of special education and related services to individuals with exceptional needs in the State of California.
(b) Consistent (1) The Legislature recognizes that, consistent with Section 4869 of the Welfare and Institutions Code, the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation shall develop, or amend an existing, interagency have developed an agreement to ensure the seamless and coordinated delivery of services and supports to individuals with disabilities who are eligible for services pursuant to Section 56031 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.

(1)The interagency agreement pursuant to this subdivision shall include all of the following:

(2) It is the intent of the Legislature that, in implementing the agreement described in paragraph (1), the State Department of Education ensure, to the extent possible under its authority, that the agreement results in all of the following:
(A) A plan for strengthening the person-centered planning processes across all three departments described in this subdivision, to further the Employment First Policy in Section 4869 of the Welfare and Institutions Code.
(B) A data collection method that shall establish establishes a uniform identifying code for each individual receiving services from one or more of the departments described in this subdivision, and that shall facilitate facilitates data collection and data sharing across those departments to improve coordination and collaboration to achieve competitive integrated employment. employment, to the extent permitted under applicable state and federal statutes and regulations related to privacy. The purpose of the uniform identifying code is to effectively track integrated competitive employment outcomes across those departments while protecting individuals’ privacy. This information shall be provided to the extent permitted under applicable federal statutes and regulations related to privacy.
(C) A streamlined mechanism that will provide an eligible individual, or the individual’s parent, the ability to independently access and review the individual’s records that are held by each department described in this subdivision. subdivision, to the extent permitted under applicable state and federal statutes and regulations related to privacy. The purpose of the mechanism is to promote self-advocacy and enable the individual and the individual’s parent to review the individual’s records and share those records at their discretion among the departments described in this subdivision, for the purpose of facilitating collaboration and coordination in the planning for, and delivery of, services and accommodations. This information shall be provided to the extent permitted under applicable federal statutes and regulations related to privacy.
(D) A description of any other mechanisms that can potentially be used to share information across the three departments with the consent of the eligible individual and the individual’s parent.

(E)In furtherance of the goals of the Employment First Policy in Section 4869 of the Welfare and Institutions Code, each of the departments described in this subdivision shall create within the plans described in clauses (i), (ii), or (iii) a section of the plan that specifies how each department will support the individual in obtaining or retaining competitive integrated employment, including what accommodations each department will provide to the individual, in cooperation and collaboration with the other departments. The plans shall include all of the following:

(i)Transition planning included in the individualized education program pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(ii)The individual program plan pursuant to Section 4646 of the Welfare and Institutions Code.

(iii)The individualized plan for employment pursuant to Section 19104 of the Welfare and Institutions Code.

(c) The Superintendent, the Director of Developmental Services, and the Director of Rehabilitation shall establish a stakeholder workgroup and shall regularly consult with the workgroup on the agreement described in paragraph (1) of subdivision (b) and the implementation of that agreement. The workgroup shall be composed of pupils with developmental disabilities, adults with developmental disabilities, parents of individuals with developmental disabilities, organizations representing individuals with developmental disabilities, and state agencies, including, at a minimum, the Department of Rehabilitation, the State Department of Education, the State Department of Developmental Services, and the State Council on Developmental Disabilities.
(d) The Legislature recognizes that the Employment First Policy in subdivision (a) of Section 4869 provides that postsecondary education, technical or vocational training, and internship programs may be considered as a means to achieve integrated competitive employment or career advancement.

(2)

(e) On or before January 1, 2020, the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation shall submit the interagency agreement to a report on the implementation of the agreement described in paragraph (1) of subdivision (b) to the appropriate policy and fiscal committees of the Legislature, in compliance with Section 9795 of the Government Code.

(c)

(f) The Superintendent shall 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.

SEC. 4.

 Section 4646.5 of the Welfare and Institutions Code is amended to read:

4646.5.
 (a) The planning process for the individual program plan described in Section 4646 shall include all of the following:
(1) Gathering information and conducting assessments to determine the life goals, capabilities and strengths, preferences, barriers, and concerns or problems of the person with developmental disabilities. For children with developmental disabilities, this process should include a review of the strengths, preferences, and needs of the child and the family unit as a whole. Assessments shall be conducted by qualified individuals and performed in natural environments whenever possible. Information shall be taken from the consumer, his or her parents and other family members, his or her friends, advocates, authorized representative, if applicable, providers of services and supports, and other agencies. The assessment process shall reflect awareness of, and sensitivity to, the lifestyle and cultural background of the consumer and the family.
(2) A statement of goals, based on the needs, preferences, and life choices of the individual with developmental disabilities, and a statement of specific, time-limited objectives for implementing the person’s goals and addressing his or her needs. These objectives shall be stated in terms that allow measurement of progress or monitoring of service delivery. These goals and objectives should maximize opportunities for the consumer to develop relationships, be part of community life in the areas of community participation, housing, work, school, and leisure, increase control over his or her life, acquire increasingly positive roles in community life, and develop competencies to help accomplish these goals.
(3) When developing individual program plans for children, regional centers shall be guided by the principles, process, and services and support parameters set forth in Section 4685.
(4) When developing an individual program plan for a transition age youth or working age adult, the planning team shall consider the Employment First Policy described in Chapter 14 (commencing with Section 4868). Section 4869. In furtherance of the goals in the Employment First Policy, the regional center shall include within the individual program plan a section that specifies how the department will support the individual in obtaining or retaining competitive integrated employment, including the accommodations that the department will provide to the individual, in cooperation and collaboration with other state departments.
(5) A schedule of the type and amount of services and supports to be purchased by the regional center or obtained from generic agencies or other resources in order to achieve the individual program plan goals and objectives, and identification of the provider or providers of service responsible for attaining each objective, including, but not limited to, vendors, contracted providers, generic service agencies, and natural supports. The individual program plan shall specify the approximate scheduled start date for services and supports and shall contain timelines for actions necessary to begin services and supports, including generic services. In addition to the requirements of subdivision (h) of Section 4646, each regional center shall offer, and upon request provide, a written copy of the individual program plan to the consumer, and, when appropriate, his or her parents, legal guardian or conservator, or authorized representative within 45 days of their request in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations.
(6) When agreed to by the consumer, the parents, legally appointed guardian, or authorized representative of a minor consumer, or the legally appointed conservator of an adult consumer or the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, and subdivision (e) of Section 4705, a review of the general health status of the adult or child, including medical, dental, and mental health needs, shall be conducted. This review shall include a discussion of current medications, any observed side effects, and the date of the last review of the medication. Service providers shall cooperate with the planning team to provide any information necessary to complete the health status review. If any concerns are noted during the review, referrals shall be made to regional center clinicians or to the consumer’s physician, as appropriate. Documentation of health status and referrals shall be made in the consumer’s record by the service coordinator.
(7) (A) The development of a transportation access plan for a consumer when all of the following conditions are met:
(i) The regional center is purchasing private, specialized transportation services or services from a residential, day, or other provider, excluding vouchered service providers, to transport the consumer to and from day or work services.
(ii) The planning team has determined that a consumer’s community integration and participation could be safe and enhanced through the use of public transportation services.
(iii) The planning team has determined that generic transportation services are available and accessible.
(B) To maximize independence and community integration and participation, the transportation access plan shall identify the services and supports necessary to assist the consumer in accessing public transportation and shall comply with Section 4648.35. These services and supports may include, but are not limited to, mobility training services and the use of transportation aides. Regional centers are encouraged to coordinate with local public transportation agencies.
(8) A schedule of regular periodic review and reevaluation to ascertain that planned services have been provided, that objectives have been fulfilled within the times specified, and that consumers and families are satisfied with the individual program plan and its implementation.
(b) For all active cases, individual program plans shall be reviewed and modified by the planning team, through the process described in Section 4646, as necessary, in response to the person’s achievement or changing needs, and no less often than once every three years. If the consumer or, where appropriate, the consumer’s parents, legal guardian, authorized representative, or conservator requests an individual program plan review, the individual program shall be reviewed within 30 days after the request is submitted.
(c) (1) The department, with the participation of representatives of a statewide consumer organization, the Association of Regional Center Agencies, an organized labor organization representing service coordination staff, and the state council shall prepare training material and a standard format and instructions for the preparation of individual program plans, which embody an approach centered on the person and family.
(2) Each regional center shall use the training materials and format prepared by the department pursuant to paragraph (1).
(3) The department shall biennially review a random sample of individual program plans at each regional center to ensure that these plans are being developed and modified in compliance with Section 4646 and this section.

SEC. 3.SEC. 5.

 Section 19013 of the Welfare and Institutions Code is amended to read:

19013.
 (a) (1) The department may cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this division to individuals with disabilities, in studying the problems involved therein, and in establishing, developing, and providing, in conformity with the purposes of this division, such programs, facilities, and services as may be necessary or desirable.
(2) Cooperation may include contracts and cost-sharing agreements, to the extent permitted by the Rehabilitation Act of 1973 (Public Law 93-112), as amended, and the implementing federal regulations.
(3) Within the scope of the federal Rehabilitation Act, through cooperative agreements with other public agencies, the department shall maximize the resources of each agency to better mutually serve individuals with disabilities through enhanced services. To provide these services, within the provisions of federal law, the department and other agencies shall share facilities, utilize existing eligibility and assessment information, participate in cross-training for agencies participating in cooperative programs, and engage in other cooperative activities to reduce duplication of services and to provide a new enhanced pattern of services for individuals with disabilities.
(b) The department may cooperate with the State Department of Education and with the state public postsecondary education system to provide instruction, individual counseling and guidance, and related rehabilitation services for eligible students with disabilities.
(c) The department may cooperate with school districts, with public secondary schools, and with the state public postsecondary education system to employ personnel to assist in the vocational orientation of students with disabilities.
(d) The department shall adopt the Employment First Policy described in Section 4869 and shall apply it to all transition or employment related services and supports an individual with disabilities is entitled to, or may be entitled to, from the department.

SEC. 6.

 Section 19104 of the Welfare and Institutions Code is amended to read:

19104.
 (a) Subject to the limitation of Section 19102 and to the extent federal funds are available, an individualized plan for employment shall be developed for each individual determined to be eligible under this chapter.
(b) The individualized plan for employment shall do all of the following:
(1) Be designed to achieve the employment objective of the individual, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual, and, to the maximum extent appropriate, to include placement in integrated settings.
(2) Be jointly developed and agreed upon by the eligible individual, or when appropriate the individual’s parent, family member, guardian, advocate, or authorized representative, and the department. In developing the program, the department shall inform the individual about and involve the individual in choosing among alternative goals, objectives, available services, entities providing the services, and the methods used to provide or procure the services.
(3) Contain all of the information required by federal law and regulations, including a statement of the specific vocational goods and services, as defined in Section 19150, to be provided and the terms and conditions under which available goods and services will be provided, to the extent federal funds are available, to the individual in the most integrated setting.
(4) To the extent possible, utilize the information specified in Section 19100.
(5) In furtherance of the goals in the Employment First Policy specified in Section 4869, the department shall create within the individualized plan for employment a section that specifies how the department will support the individual in obtaining or retaining competitive integrated employment, including the accommodations that the department will provide to the individual, in cooperation and collaboration with other state departments.