S3298 —

S3298 1RSHH [FirstStatement Reprint]12/6/21 SENATE HEALTH, HUMAN SERVICES AND SENIOR CITIZENS COMMITTEE   STATEMENT TO   SENATE, No.

3298  STATEwith OFcommittee NEWamendments JERSEY 219th LEGISLATURE   INTRODUCEDSTATE DECEMBEROF 18,NEW 2020JERSEY    DATED: Sponsored by:

Senator  DECEMBER ROBERT6, W.2021         The Senate Health, Human Services and Senior Citizens Committee reports favorably and with committee amendments Senate Bill No.

SINGER3298. District 30 (Monmouth and Ocean)   Co-Sponsored by:

Senators      A.M.Bucco,As Corradoamended andby Schepisithe  committee,  this  bill  requires SYNOPSISthe     Commissioner Allowsof certainEducation personsto allow a person with a developmental disabilitiesdisability olderwho thanis 21 years of age or older but younger than 26 years of age, for whom it was determined that, due to attendbehavioral problems, the person could not be provided a suitable special education programsprogram andpursuant to simultaneouslythe participateprovisions inof adultN.J.S.18A:46-14, dayto andattend employmenta programs.special educational program approved under N.J.S.18A:46-1 et seq.

  CURRENT VERSION OF TEXT      As reported by the Senate Health, Human Services and Senior Citizens Committee on December 6, 2021, with amendments.

   An Act concerning certain persons with developmental disabilities and supplementing Chapter 46 of Title 18A of the New Jersey Statutes and Chapter 6D of Title 30 of the Revised Statutes.

       Be It Enacted by the Senate and General Assembly of the State of New Jersey:

       1.    The Commissioner of Education shall allow a person with a developmental disability who is 21 years of age 1[and] or1 older 1but younger than 26 years of age1 , who, due to behavioral problems, it was determined could not be provided a suitable special education program pursuant to the provisions of N.J.S.18A:46-14, to attend a special educational program approved under N.J.S.18A:46-1 et seq.

     the a.     the behavioral problems that led to the determination that a suitable special education program could not be provided to the person have resolved;

and      b.    the person will benefit from attending the special education program.

           As 2.   amended, a. the Notwithstandingbill anyprovides lawthat or regulation to the contrary, a person with a developmental disability who is 21 years of age 1[and]or or1 older who transitions from receiving services and supports from the Division of Children's System of Care in the Department of Children and Families to receiving services and supports from the Division of Developmental Disabilities inwould the Department of Human Services shall be eligible to attend and participate in both an adult day program and an employment program if:

          (1)  (1) the person meets the eligibility requirements ofof, and applies toto, both the adult day program and the employment program;

and           (2)  (2) the person’s individualized service planplan, 1[developedif pursuantapplicable, to N.J.A.C.10:4C-1.1 et seq.] , as applicable,1 contains documentation that the person is authorized to both attend the day program and participate in the employment program.

          b.    As used in thisbill, section:“day program” means a program that is certified to provide day habilitation services or sheltered workshops for persons with developmental disabilities;

    and “Day“employment program” means a program thatdesigned isfor certifiedpersons towith providedevelopmental daydisabilities habilitationwhose servicesdisabilities ormake sheltered workshopsemployment, forafter personscompletion withof developmentala disabilitiescertified 1[;program of vocational evaluation and training, the only suitable form of employment.

and]      .1Under     current “Employmentlaw, program”people meanswith developmental disabilities age out of special education programs after age 21, and can participate in an adult day program or an employment program, but not both at the same time.  Some people who, at a younger age, had issues that prevented them from being enrolled in a special education program designedmight forhave personsmade progress with developmentalthose disabilitiesissues whoseand disabilitieswould makenow shelteredbenefit employment,from afterattendance completionat ofa special education program.  Similarly, some people may benefit from participation in both a certifiedday program and an employment program, as the two types of vocationalprograms evaluationoffer different types of services and training,training thethat, onlywhen suitablecombined, formcan more fully reach the needs of employment.a given individual.

      COMMITTEE 3.   AMENDMENTS: This act shall take effect immediately.

      The committee amendments add language specifying that the provisions of the bill authorizing a person over age 21 to participate in special education programs will apply to persons older than 21 years of age but younger than 26 years of age.

      The committee amendments make various technical changes involving grammar and punctuation and to remove an incorrect cross-citation from the bill.