California State Rehabilitation

CouncilQuarterly Meeting

Wednesday, July 22, 2020

Table of Contents

Meeting Notice and Agenda.........................................................................3

Draft April 2020 SRC Meeting Minutes.........................................................6

SRC 2020 Recommendations....................................................................10

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CALIFORNIA STATE REHABILITATION COUNCIL (SRC)Meeting Notice and AgendaWednesday, July 22, 2020

9:00 a.m. – 12:00 p.m.

Public Participation Options Virtually: Blackboard Collaborate https://tinyurl.com/ybby46t2 Recommended internet browsers for accessing the Blackboard Collaborate

virtual meeting room: Chrome, Firefox, Safari or Edge. By Phone: +1-571-392-7650 PIN: 154 040 8174 Email Your Comments: SRC@dor.ca.gov

Meeting Agenda

Please note: Times are listed with the agenda items to assist attendees joining the meeting virtually and by phone. These times are estimates and subject to change.

1. Welcome and Introductions (9:00 – 9:05 a.m.) Theresa Comstock, SRC Chair

2. Public Comment (9:05 – 9:10 a.m.) Members of the public will have the opportunity to comment on issues and concerns not included elsewhere on the agenda. Public comment relating to a specific agenda item will be taken at the end of the applicable agenda item or prior to a vote.

3. Directorate Report (9:10 – 10:00 a.m.) Joe Xavier, DOR Director, and Andi Mudryk, acting DOR Chief Deputy Director, will report on leadership and policy topics of interest. National, state, and departmental updates will be provided. SRC members will have the opportunity to ask questions and have an interactive discussion.

4. Break (10:00 – 10:05 a.m.)

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5. Approval of the April 2020 SRC Quarterly Meeting Minutes (10:05 – 10:10 a.m.) Regina Cademarti, SRC Executive Officer

6. Diversity and Inclusion (10:10 – 10:30 a.m.)Rosa Gomez, DOR Diversity and Inclusion OfficerSRC members will learn about DOR’s efforts towards diversity and inclusion.

7. African American Task Force (10:30 – 10:50 a.m.)Susan Senior, DOR Regional Director, Los Angeles South Bay DistrictSRC members will learn about the work of DOR’s African American Task Force including their recommendations to the department.

8. Break (10:50 – 10:55 a.m.)

9. Efforts to serve Justice-Involved Individuals (10:55 – 11:10 a.m.)Mark Erlichman, DOR Deputy Director, VR Employment Division, will share DOR’s efforts to serve justice-involved individuals.

10. Impact on Consumer Services due to COVID-19 (11:10 – 11:25 a.m.) Mark Erlichman, DOR Deputy Director, VR Employment DivisionSRC members will learn about the impact on DOR consumer services because of COVID-19.

11. Recommendations (11:25 – 11:45 a.m.)A discussion will be held to potentially draft and adopt recommendations. The SRC’s policy recommendations reflect the Council’s efforts to review, analyze and advise DOR on the performance and effectiveness of California’s VR program, a function of the SRC required by federal law.

12. SRC Member and Executive Officer Reports (11:45 a.m. – 12:00 p.m.)

13. Adjourn (12:00 p.m.)

PUBLIC COMMENTS: Public comments on matters not on the agenda are taken at the beginning of the meeting. A speaker will have up to three minutes to make public comments and may not relinquish his or her time allotment to another speaker. Non-English speakers who utilize translators to make public comment will be allotted no more than six minutes, unless they utilize simultaneous translation equipment. The SRC is precluded from

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discussing matters not on the agenda; however, SRC members may ask questions for clarification purposes.  MEETING NOTICE AND AGENDA: This meeting notice and agenda and the supplemental meeting materials are posted on the SRC webpage. All times listed and the order of business are approximate and subject to change. The meeting will adjourn upon completion of the agenda. Interested members of the public may utilize the public participation options listed on page one (1) of this meeting notice and agenda to listen to the meeting and/or provide public comment. Should you anticipate challenges accessing the listed public participation options, please contact Regina Cademarti (information below) to discuss alternatives. The SRC is not responsible for unforeseen technical difficulties that may occur and is not obligated to postpone or delay its meeting in the event of unforeseen technical difficulties.

REASONABLE ACCOMMODATIONS: If you require a disability-related accommodation, materials in alternate format or auxiliary aids/services, please call (916) 558-5897 or email SRC@dor.ca.gov by July 20, 2020. Any requests received after this date will be given consideration, but logistical constraints may not allow for their fulfillment.

CONTACT PERSON: Regina Cademarti, SRC Executive OfficerSRC@dor.ca.gov, (916) 558-5897

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Draft April 2020 SRC Meeting MinutesReference for Agenda Item #5

California State Rehabilitation Council (SRC)Quarterly MeetingWednesday, April 29, 20209:00 a.m. – 12:00 p.m.Virtual meeting through Blackboard Collaborate with conference call option.

Draft Meeting Minutes

Attendance SRC Members Theresa Comstock, Marcus Williams, Benjamin Aviles, Inez De Ocio, LaQuita Wallace, Nick Wavrin, Kecia Weller

DOR Staff Armel Biscocho, Michelle Davis, Mark Erlichman, Kathi Mowers-Moore, Andi Mudryk, and Joe Xavier

Members of the Public Rebecca Hoyt, Jacqueline Jackson, and Danny Marquez

1. Welcome and Introductions SRC Chair Theresa Comstock welcomed attendees to the meeting. SRC members, Department of Rehabilitation (DOR) staff, and members of the public introduced themselves.

2. Public CommentChair Comstock reviewed the public comment process.

Mr. Danny Marquez provided a public comment and thanked the DOR for their ongoing communication and activity towards Individual Placement Support and to the mental health cooperative programs.

3. Approval of the January 2020 SRC Quarterly Meeting MinutesVote: It was moved/seconded (Weller/Williams) to approve the January 2020 quarterly meeting minutes as presented (Yes – Aviles, Comstock, Wallace, Wavrin, Weller, Williams).

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4. 2020 SRC Recommendations Kathi Mowers-Moore, DOR Deputy Director, VR Policy & Resources Division; Armel Biscocho, DOR Deputy Director, Administrative Services Division; and Michelle Davis, Chief Human Resources joined the SRC meeting to discuss two SRC recommendations adopted in the January 2020 meeting, 2020.1 and 2020.2.

Recommendation 2020.1: The SRC recommends that DOR work to understand the causes, and explore solutions, related to the recruitment and retention of DOR VR Counselors. Examples: survey the current VR Counselor population, research best practices from other states and technical assistance organizations.

A discussion was held about the process of increasing a position’s salary including the roles of CalHR and the bargaining units. It was suggested the SRC may want to speak to Elena Gomez, Deputy Director, Specialized Services, Blind & Visually Impaired and Deaf & Hard of Hearing Division to learn of the experience with surveying DOR’s Senior Vocational Rehabilitation Counselor, Qualified Rehabilitation Professionals.

Recommendation 2020.2: The SRC recommends that as DOR develops the department’s state fiscal year 2021/22 budget, to consider the impact of AB 5 as it relates to the availability of individual service providers (ISPs) and other contractors (e.g. DOR provide ISPs with assistance they may need in order to comply with AB 5).  Note: AB 5 refers to California Assembly Bill 5 Worker status: employees and independent contractors (2019 – 2020).

A discussion was held about DOR accessing the short and long-term recommendation of AB 5. There are five other pieces of legislation related to AB 5. Due to COVID-19, the legislature is not meeting until May 11 and their priorities may be more focused on the budget and COVID-19 impacts.

5. Financial Participation PolicyAndi Mudryk, Acting Chief Deputy Director, DOR and Kathi Mower-Moore DOR Deputy Director, VR Policy & Resources Division informed the SRC that DOR is preparing the Financial Participation Policy regulation package to submit to the Office of Administrative Law.

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6. Update on SRC Executive Officer RecruitmentChair Comstock, Kathi Mower-Moore DOR Deputy Director, VR Policy & Resources, Andi Mudryk, Acting Chief Deputy Director, DOR and SRC members thanked SRC Executive Officer, Kate Bjerke, for her service and commitment to the SRC. She was congratulated on her new position at DOR. Kathi Mowers-Moore and Chair Comstock will move forward with the recruitment for the new SRC Executive Officer.

7. Directorate ReportJoe Xavier, DOR Director, and Andi Mudryk, acting DOR Chief Deputy Director, reported on leadership and policy topics of interest. National, State and departmental updates were provided. Highlights included: Acknowledgement of DOR staff:

Appointment of Kate Bjerke, Statewide Reasonable Accommodation Consultant, Office of Civil Rights

Appointment of Jake Johnson, Chief, Customer Service & Admin Management, DOR Information Technology Services division

Appointment of Suhail Syed, Executive Advisor, Strategic Initiatives Office Upcoming retirement of Kelly Hargreaves, Chief Deputy Director Andi Mudryk, will serve as the acting Chief Deputy Director Recognizing Jon Kirkham, Chief Information Officer, as a recipient of the

Chief Information Officer Academy Award On April 27, 2020, the Rehabilitation Services Administration submitted a

report to Congress on the recommended waiver authority. Requested authorities include:o Extend Part B transition evaluation timelineso Extend the period of availability for VR program funds allotted in fiscal

year (FY) 2019 and available for carryover in FY 2020 for an additional fiscal year.

o Waive requirements that States reserve not less than 15 percent of the allocated funds for providing pre-employment transition services to students with disabilities.

o Allow VR grant dollars to replace inventory for BEP vendors of loss due to spoilage or outdating due to COVID-19 impact.

The DOR submitted the VR Services Portion of the Unified State Plan DOR is navigating the new challenges due to COVID-19 and has made

changes to ensure the safety of staff and consumers including supporting a flexible service delivery.

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8. Approval of Proposed Administrative Law JudgesSRC members reviewed the biographies of Administrative Law Judges (ALJs) Jami Teagle-Burgos and Marion Joan Vomhof. Members will vote to decide if the ALJs are approved for conducting mediations and fair hearings involving DOR consumers.

Vote: It was moved/seconded (Weller/Williams) to approve ALJs Jami Teagle-Burgos and Marion Joan Vomhof for conducting mediations and fair hearings involving DOR consumers (Yes – Aviles, Comstock, Wallace, Wavrin, Weller, Williams).

9. DOR Mediation and Fair Hearings ContractSRC members received an update from Elizabeth Colegrove, DOR Attorney, regarding potential changes to DOR’s mediation and fair hearings contract. The current DOR mediation and fair hearing contract is through the Office of Administrative Hearing under the California Department of General Services. DOR is exploring whether to move the contract to the Division of State Hearings that is under the California State Department of Social Services. A decision has not been made yet.

10. State Regulations ProjectSRC members received an update from Elizabeth Colegrove, DOR Attorney, on the State Regulations Project, a comprehensive update to the VR regulations with an emphasis on translating the regulations into easy to-understand language. Instead of a comprehensive update to all VR regulations, there is a more focused look up to eight areas of regulations. These areas were identified as grants, application and eligibility, financial participation, loan guarantee program, student services, transportation, Cal-Assistive Technology Supplier Directory, and General WIOA clean-up.

11. SRC Member and Executive Officer ReportsSRC Officers, members, and the SRC Executive Officer provided brief reports.

12. Adjourn It was moved/seconded (Williams/Alves) to adjourn the April 29, 2020 SRC meeting.

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SRC 2020 RecommendationsReference for Agenda Item #11

Adopted on January 23, 2020

Recommendation 2020.1: The SRC recommends that DOR work to understand the causes, and explore solutions, related to the recruitment and retention of DOR VR Counselors. Examples: survey the current VR Counselor population, research best practices from other states and technical assistance organizations.

Recommendation 2020.2: The SRC recommends that as DOR develops the department’s state fiscal year 2021/22 budget, to consider the impact of AB 5 as it relates to the availability of individual service providers (ISPs) and other contractors (e.g. DOR provide ISPs with assistance they may need in order to comply with AB 5).

Note: AB 5 refers to California Assembly Bill 5 Worker status: employees and independent contractors (2019 – 2020).

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