Legislative Status Update on AB 2383 and AB 2360 – Sponsored by The Arc & UCP California Collaboration

By Jim Frazier, Director of Public Policy, The Arc & UCP California Collaboration

On August 15, two bills sponsored by The Arc & UCP California Collaboration were heard in the Senate Appropriations Committee and held on submission. Prior to this hearing, AB 2383 (Training in Birthing Centers, Darby’s Legacy) and AB 2360 (Family Wellness Program) moved through the legislative process with bipartisan unanimous support and seemed to be on their way to the Governor’s desk for approval and signing.. Both bills were held under submission for further review and consideration due to fiscal impacts.

Both bills would have made dramatic impacts and improved the quality of life for individuals with developmental disabilities and their families.. Both bills had minimal cost compared to what could be accomplished if supported.

We are disappointed that these bills are no longer moving forward. We would like to thank Assemblymember Wendy Carrillo for authoring and introducing AB 2383 and Speaker Emeritus Anthony Rendon for authoring and introducing AB 2360. Both legislators have been champions for the disability community. We will look to the next legislative session to reintroduce these very important bills and continue our efforts to promote awareness.

End of Legislative Session Trailer Bills Offer Solution to Affordable Housing Shortages and Equity in Regional Center Services, but Miss Opportunity to Provide Mental Health Support for the Disability Community

By Jim Frazier, Public Policy Director, The Arc / UCP California Collaboration

It’s two weeks to the end of the legislative session, and the budget junior trailer bills are emerging.  These bills generally aim to adjust the budget with new data while the California State Legislature is still in session. However, there are also trailer bills that are loaded with policies that circumvent the formal legislative process. Here are two that I found interesting: AB 137 and AB 138.

  • AB 137, introduced in January 2023 by Assemblymember Phil Ting, includes a trailer bill that addresses various health-related issues such as hospice services, alcohol and drug abuse recovery, and patient services for individuals 21 and under who are undergoing treatment in a mental health facility, among other issues. It’s exciting to see a real effort in addressing the many shortcomings in this policy area. However, one thing I felt was missing was including Californians with developmental disabilities who have a dual diagnosis. The bill could have dedicated funds to defining the appropriate experts and specialists who can determine a proper treatment plan. This illustrates my concern that in a rush to forgo proper procedures and analysis by policy experts, important issues like addressing mental health for people with disabilities get overlooked. It’s important that as a community, we need to insist on being at the table every step of the way.
  • AB 138, the trailer bill being considered, includes good opportunities for crisis care and newly funded transitional housing for adults with developmental disabilities. One new program, the “Complex Needs Residential Program,” would utilize 60 acres at the now-vacant Fairview Developmental Center in Costa Mesa, CA, but would ensure that residential stays are no longer than 18 months.  The 114-acre state-run hospital, originally established in 1959, provided about 2,200 beds for people with severe conditions such as cerebral palsy, epilepsy, brain injuries, and autism.  It was shut down in 2021.  Additionally, the trailer bill requires the Department of Developmental Services (DDS) to work jointly with the regional center to identify or develop alternative services and supports in the event the department determines that an individual cannot be safely served in a Stabilization, Training, Assistance and Reintegration (STAR) home.  The trailer bill also includes several new requirements that DDS must follow to ensure better equity and oversight in regional center services.

We look forward to collaborating with the Legislature as we move into the close of this session and working with policy chairs and their staff to craft useful legislative proposals and budget augmentations in the upcoming legislative session.

Time-Sensitive Grant Funding Available to Address Transportation Access and Needs of Californians with Disabilities

By Jim Frazier, Public Policy Director, The Arc / UCP California Collaboration

New transportation service delivery models coming out of the pandemic will need to be developed to address the paratransit crisis and expand access for people with disabilities. In response, the Federal Transit Administration (FTA) Section 5310 Program is providing grant-funded financial assistance for California transportation services planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable. The grant application deadline is Wednesday, August 30. Click HERE to learn more and apply.

Transportation issues for Californians with developmental disabilities can include limited access to transportation options, difficulty navigating public transportation systems, and lack of specialized transportation services. These issues, exasperated by the COVID-19 pandemic, can significantly impact the independence and quality of life of individuals with disabilities. However, there are several solutions that can help address these challenges, including:

1. Increase accessibility of public transportation: Public transportation systems should be made more accessible for individuals with disabilities by ensuring that buses, trains, and stations are equipped with ramps, elevators, and other accommodations for people with mobility challenges. Clear signage and announcements can also help individuals with disabilities navigate the system more easily.

2. Provide specialized transportation services: Establishing specialized transportation services specifically designed for individuals with disabilities can greatly improve their mobility. These services can include door-to-door transportation, flexible scheduling, and trained staff who can provide assistance and support during the journey.

3. Collaborate with community organizations:
Collaborating with local community organizations that serve individuals with disabilities can help identify transportation needs and develop solutions. These organizations can provide valuable insights and resources to improve transportation options for disability population.

4. Implement training programs: Training programs can be developed to educate individuals with disabilities on how to use public transportation systems effectively and safely. These programs can cover topics such as reading bus schedules, understanding fare systems, and practicing appropriate behavior while using public transportation.

5. Foster partnerships with ridesharing companies: Partnering with ridesharing companies like Uber or Lyft can provide an additional transportation option for individuals with disabilties. These services can offer more flexibility and convenience, allowing individuals to schedule rides on-demand and travel to their desired destinations.

6. Advocate for policy changes: Advocacy efforts can be made to influence policymakers and transportation authorities to prioritize the transportation needs of individuals with disabilities. This can involve advocating for increased funding for accessible transportation services, policy changes to improve accessibility, and the inclusion of individuals with disabilities in transportation planning processes.

By implementing these solutions, transportation issues for the disability population can be addressed, enabling individuals to access necessary services, participate in community activities, and enhance their overall independence and quality of life. The Arc of Calif will be working on these issues in the up coming year.

If you are interested in this topic, and would like to share your story of either current challenges or successes with paratransit post-pandemic, please email info@thearcca.org.  Your stories can help our legislators understand the real human impact of accessible transportation services.

 

California Law Requires School Emergency Plans be Included in IEPs, but Many Still Don’t

By Jim Frazier, Public Policy Director, The Arc / UCP California Collaboration

Special education students can be at a higher risk during a disaster due to various factors. Most schools have crisis plans to support student safety in the event of an emergency, but less than half of schools have plans that address the complex needs of students with developmental disabilities. California Law requires emergency plans be included in an Individualized Education Plan (IEP), but very few do.  

To mitigate the risks, it is crucial to have comprehensive emergency plans in place that address the specific needs of special education students. This includes training staff members, providing clear and accessible communication, ensuring appropriate accommodations, and conducting regular drills and practice sessions. Collaboration between educators, emergency management personnel, and families is essential to ensure the safety and well-being of students with disabilities during a disaster. 

Here are some reasons why they may be more vulnerable:

  1. Communication barriers: Special education students may have difficulty understanding and following instructions during an emergency situation. They may struggle to communicate their needs or understand the information provided by authorities.
  2. Mobility limitations: Some special education students may have physical disabilities or mobility limitations, making it challenging for them to evacuate or move quickly during a disaster.
  3. Sensory issues: Students with sensory processing disorders or sensitivities may become overwhelmed by the loud noises, bright lights, or chaotic environment during a disaster, which can hinder their ability to respond appropriately.
  4. Lack of awareness: Special education students may have limited knowledge or understanding of emergency procedures and may not be adequately prepared for a disaster. This lack of awareness can increase their vulnerability.
  5. Dependence on others: Many special education students rely on support staff or caregivers for assistance with daily activities. During a disaster, if these individuals are not available or unable to provide support, the students may struggle to navigate the situation independently.
  6. Evacuation challenges: Special education students may require specialized equipment, such as wheelchairs or communication devices, which can complicate the evacuation process. If proper accommodations are not in place, their safety may be compromised.

There are several reasons why schools may face barriers to implementing safety evacuation plans for students with disabilities, including:

  1. Lack of resources: Schools may argue that they do not have the necessary resources or staff to effectively implement and execute safety evacuation plans for students with disabilities. This could include a lack of trained personnel, specialized equipment, or funding to accommodate the unique needs of these students during an emergency.
  2. Legal concerns: Schools may be concerned about potential legal liabilities associated with implementing safety evacuation plans for students with disabilities. They may fear that if something goes wrong during an evacuation, they could be held responsible for any harm or injuries that occur.
  3. Time constraints: Developing and implementing safety evacuation plans for students with disabilities may require additional time and effort from school staff. Schools may argue that they already have a busy schedule and limited resources, making it difficult to allocate the necessary time and attention to create and practice these plans.
  4. Lack of awareness or understanding: Some schools may simply lack awareness or understanding of the specific needs and challenges faced by students with disabilities during emergency situations. This lack of knowledge may lead to reluctance to develop and implement appropriate safety evacuation plans.
  5. Resistance to change: Schools may resist implementing safety evacuation plans for students with disabilities due to a resistance to change or a belief that their current emergency procedures are sufficient for all students, regardless of their abilities.

It is important to note that while these reasons may explain why some schools have not yet created safety evacuation plans for students with disabilities, schools should strive to create inclusive and accessible emergency plans that address the unique needs of all students, including those with disabilities.  

For parents or caregivers wanting to learn more about adding an emergency plan in their child’s IEP, visit: https://www.disabilityrightsca.org/publications/emergency-plans-for-ieps 

 

Tips for Being a Successful Advocate

By Jim Frazier, Public Policy Director, The Arc / UCP California Collaboration

As an elected official, I was approached thousands of times by folks who wanted me to support their position on an item or cause.  I always appreciated their passion and willingness to educate me on specific issues.  Here are my takeaways and tips on how you can be an effective advocate who educates, informs, and inspires support from your local or statewide elected official:

    • Attend a lobby day with an advocacy organization or nonprofit that is advancing the cause you care about or attempting to influence policy or legislative changes;
    • Schedule an appointment with the elected official’s office and specifically ask to meet with that official;
    • Bring current and accurate information about the subject matter to leave behind in a folder with a label.  Include your contact information, a fact sheet or data that supports your cause, case studies, or personal stories from constituents;
    • Share your story with meaning and passion.  Explain how the issue impacts the broader community of constituents and suggest how you would like the elected official to address, support, or respond;
    • Ask them if they have any questions or need more information.  How can you be of ongoing support to them?;
    • Suggest next steps and follow-up timeline.

Additionally, you can invite the elected official to attend local meetings or events where more community members support the issue.  It’s essential to assess how they feel about the topic after you present them with the information.  Find out if there is a personal connection to the issues.  Taking an interest in them shows your willingness to support them; that goes a long way.

After meeting your elected officials, plan to attend their events, town halls, and coffee meetings with as many advocates supporting your cause or issue as possible.  Showing a presence can be very influential.  Doing so keeps your issue fresh in their memory.  In all fairness, elected officials can sometimes feel pulled in several directions at once.  Become a partner with them and see your effectiveness as an advocate grow and the relationship flourish.  It does take a village.

When the next budget session starts in August, we will be calling on the disability community of self-advocates, family members, direct support professionals, and those who care about the disability population to join the disability rights movement as advocates.  You can sign up for our Action Alerts and be ready to take action at https://thearcca.org/advocacy/take-action/

California Parks and Recreation Facilities Desperately Need Inclusion Programs for the Disability Community

By Jim Frazier, Public Policy Director, The Arc / UCP California Collaboration

A study by the National Recreational and Park Association revealed that only about 40% of recreational programs nationally have adopted formal inclusion programs for people with developmental disabilities. Local government’s parks and recreation facilities play an important part in the life of a community and its members. However, recreational programs are primarily designed for the general population.

Creating better opportunities for inclusionary recreation and social activities for individuals with disabilities is vital. Unfortunately, many parks and recreation facilities were built without accessibility in mind prior to the implementation of the Americans with Disabilities Act (ADA). Because of this, individuals with disabilities and their families often experience barriers to participating in programs and activities offered at such places as public parks, sport fields, town pools, and recreation center classes. Under federal regulations, when parks and recreation facilities are built or altered, they must comply with the ADA Standards for Accessible Design.

It’s important that California cities be a model for ADA and adopt formal inclusion policies that ensure all community members have an equal opportunity to enjoy the benefits of parks and recreation programs. One example of the implementation of a successful inclusive program is City of Sacramento’s Access Leisure & Paralympic Sport Sacramento Club. Access Leisure provides enrichment activities such as sports, residential camping and outdoor education as well as social and fitness programs for children, teens, and adults with disabilities.

Many parks and recreation facilities who have inclusion programs report that partnering with a local nonprofit or other agency, such as a regional center, who already provide services to the members of the community with disabilities, is a mutually beneficial joint venture.  These strategic community collaborations can be extremely effective in meeting the needs of all community members. They can share expertise and resources, save money, and ultimately achieve better outcomes when it comes to health and wellness. We need to make this a priority moving forward. All parks and recreation facilities need to prioritize inclusion programming.