SB 253 — Providing for fair pay and maximized employment of disabled persons

NEWS RELEASES HELPFUL LINKS IntroducedSB253 VersionSUB1 « Senate Bill 253 History OTHER VERSIONS  —  CommitteeIntroduced SubstituteVersion (1)  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 253 By Senators Jeffries, Baldwin, Stollings, Romano, Lindsay, and StollingsRucker, [Introducedoriginal Januarysponsors 10,[Originating 2020;in the Committee on the Judiciary;

referredreported on February 18, 2020]     A BILL to amend the CommitteeCode onof theWest Judiciary;Virginia, 1931, as amended, by adding thereto a new article, designated §18-10P-1, §18-10P-2, §18-10P-3, and §18-10P-4, all relating to wages of persons with disabilities;

and then to the Committee on Finance] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-10P-1, §18-10P-2, §18-10P-3, and §18-10P-4, all relating to wages of persons with disabilities;

defining terms;

The Legislature finds that there is a need to create a state initiative to promote competitive, integrated, and customized employment opportunities for disabled citizens using publicly funded services regardless of the individuals’ level of disability.

This State Employment First Policy initiative is intended to promote the expectation that individuals with intellectual, developmental, and other disabilities are valued members of the workforce, and can often meet the same employment standards, responsibilities, and expectations as other working-age adults when provided the proper education, reasonable accommodations, and supports.

“Integrated employment” means employment at a location where the percentage of employees with disabilities relative to the employees whowithout do not have disabilities is consistent with the norms of the general workforceworkforce, and where the employeeemployees interacts with otherdisabilities personsinteract whowith doother notpersons, have disabilities to the same extent thatas employees who do have disabilities, and who are in comparable positions,positions interactwithout withdisabilities. other persons.

The DirectorCommissioner of the DivisionWest ofVirginia RehabilitationBureau Servicesfor Behavioral Health and Health Facilities shall establish a taskforce for the purpose of developing recommendationsand onimplementing implementationa ofState an Employment First Policy. Policy. The director shall appoint the membership of the taskforce, which shall include, at a minimum the following members:

(1) The Directortaskforce ofshall hold meetings at the Divisioncall of Rehabilitationthe Services,chairperson whoor shallupon chairwritten request of a majority of the taskforce;members.

The taskforce shall meet at least four times a year.

The commissioner shall appoint the membership of the taskforce, which shall include, at a minimum, the following members:

(1) The Commissioner of the West Virginia Bureau for Behavioral Health and Health Facilities, or his or her representative, who shall chair the taskforce;

(3) AAn familyindividual member of a person with aan intellectual disability;

(4) A representativefamily member of thea departmentperson ofwith education;a disability;

(5) A representative of Workforcethe WestDepartment Virginia;of Education;

(6) A representative of theWorkforce BureauWest forVirginia; Behavioral Health and Health Facilities;

(7) A representative of the BureauDivision forof MedicalRehabilitation ServicesServices; (State Medicaid Agency);

(8) A representative of the WestBureau Virginiafor DevelopmentalMedical DisabilitiesServices Council;(State Medicaid Agency);

(9) A representative of athe providerWest ofVirginia integratedDevelopmental andDisabilities competitiveCouncil; employment services who does not also provide sheltered or otherwise segregated services for individuals with disabilities;

(10) A representative of Westa Virginiaprovider Center of Excellenceintegrated inand Disabilities;competitive employment services who does not also provide sheltered or otherwise segregated services for individuals with disabilities;

and (11) A representative of Disability Rights of West Virginia (theCenter Governorof designatedExcellence statein protectionDisabilities; and advocacy agency).

(12) A representative of Disability Rights of West Virginia (the Governor-designated state protection and advocacy agency);

(13) A representative of the West Virginia Statewide Independent Living Council;

(14) A representative of the West Virginia Community and Technical College Systems;

and (15) The State of West Virginia Americans with Disabilities Act Coordinator.

The Bureau for Behavioral Health and Health Facilities, Division of Rehabilitation Services, the departmentDepartment of education,Education, Workforce West Virginia, the State Bureau for Behavioral Health and Health Facilities and the Bureau for Medical Services shall adopt and implement a joint State Employment First planPolicy as recommended by the Employment First Taskforce pursuant to §18-10P-2 of this code, which recognizes that earning a living wage through competitive employment in the general workforce is the first and preferred outcome of all publicly funded services provided to working-age individuals with disabilities.

The State Employment First Taskforce shall develop and implement a plan that:

(1) Describes timeframestime frames and proposals for aligning state policies, including eligibility and funding priorities, allocations for responsibilityresponsibility, and authority for ensuring implementation;

(2) Detailed cost projections for additional state funding (if any) needed over a five-year period to:

and (B) train and/oror retrain the workforce.workforce;

(3) Describes strategies, timelinestimelines, and plans to reduceincrease shelteredinvestment workin settingsintegrated whileemployment increasingservices investmentand inmay integratedcarefully employmentconsider services.plans to reduce sheltered work settings;

(4) Incorporates Employment First practices and methods in policy improvement plans soproviding that customized, person-centeredperson-centered, and individually tailored employment supports are available to people with intellectual, developmental, and other disabilities, including people with complex support needs.needs;

(5) Complies with federal policy and practice mandates regarding employment services design, settingssettings, and coordination among stakeholdersstakeholders, including:

(A) The Centers for Medicare and Medicaid Services Home and CommunityCommunity-Based BasedServices; Services setting final rule;

and (C) The United States Department of Justice rulings that found that segregated work settings violate the “most integrated setting” rule of the Americans with Disabilities Act relative to the findings of the Supreme Court of the United States in the Olmstead court case.case;

(6) Describes minimal workforce competency-based training standards applicable for job coaches, case managers, and other relevant personnel.personnel;

(7) Establishes interagency agreements, as appropriate, to improve coordination of services, and collect and share data to inform long-term systems planning.planning;

(8) Proposes initiatives to address the culture of low expectations, to which parents of young children with intellectual, developmental, and other disabilities are exposed.exposed;

(9) Provides the Governor and Legislature the State Employment First PlanPolicy within 12 months of the enactment of this bill;