Chapter 5. Employment Services For The Deaf And Hearing Impaired of California Unemployment Insurance Code >> Division 3. >> Part 1. >> Chapter 5.
The Legislature finds that over 1.5 million persons in
California are deaf or suffer from significant hearing impairment.
Private and public employment agencies are not routinely adapted to
meet the communication needs of persons who are deaf and hard of
hearing and, therefore, the services they receive may be less than
those provided to other persons. The Legislature also finds that
employment opportunities for persons who are deaf and hard of hearing
are increased when specialized counseling, interpretive, job
placement, and followup services supplement conventional employment
services. In addition, the limited programs which provide these
specialized employment services to persons who are deaf and hard of
hearing have recently been subject to significant local funding
reductions. Therefore, the Legislature finds that a more stable
funding source, as provided by this chapter, is necessary to ensure
the continuance of these programs.
As used in this chapter "contractor" means a public agency
or a private nonprofit corporation.
(a) The department shall contract with public agencies or
private nonprofit corporations for a period not to exceed one year to
provide employment services for persons who are deaf and hard of
hearing. These employment services shall be provided onsite at the
department's offices which are selected pursuant to Section 11004.
(b) At the end of each contract year, the department may
renegotiate the terms of each contract in accordance with allowable
increases or decreases in the contractor's costs and the contractor's
demonstrated ability to provide the specified services.
(c) If a contractor is a private nonprofit corporation, it shall
submit a complete financial statement audited by a certified public
accountant prior to a renewal of the contract.
Employment services for persons who are deaf and hard of
hearing shall include, but not be limited to, the following:
(a) Complete communication services for all preparatory, job
placement, and followup activities. The communication services shall
include interpreter services by a professional interpreter for
persons who are deaf and hard of hearing possessing the comprehensive
skills certification of the National Registry of Interpreters for
the Deaf or the equivalent, telecommunications, and, when necessary,
training in communication skills.
(b) Advocacy to assure that persons who are deaf and hard of
hearing receive equal access to public and private employment
(c) Job development and job placement.
(d) Employment counseling, including peer counseling by persons
who are deaf and hard of hearing.
(e) Followup counseling and problemsolving after placement.
(a) The department, with the advice of persons knowledgeable
about providing employment services to persons who are deaf and hard
of hearing, shall establish the criteria for choosing contractors.
(b) The criteria shall include, but not be limited to, all of the
(1) The ability to provide services to a person who is deaf or
hard of hearing in the person's preferred mode of communication.
(2) The ability to secure community support, including written
endorsements of local officials, employers, the workforce investment
board of the local workforce investment area and organizations of and
for persons who are deaf and hearing impaired.
(3) The existence of funding from one or more public or private
(c) Preference shall be given in the selection of a contractor to
those proposals which demonstrate all of the following:
(1) Participation of persons who are deaf and hard of hearing on
the potential contractor's employment services staff, and in the case
of a private nonprofit corporation, on the board of directors.
(2) A commitment to the development and maintenance of
self-determination for persons who are deaf and hard of hearing.
The department shall do all of the following:
(a) Determine the number and location of its offices within the
state providing employment services to individuals who are deaf and
hard of hearing and shall decide which offices shall be served by
contractors given the resources available under this chapter. The
department shall give priority to offices where contracts are
necessary in order to prevent or minimize the disruption or the
discontinuance of employment services to individuals who are deaf and
hard of hearing which have been provided in conjunction with the
department prior to July 1, 1984.
(b) Coordinate the provision of employment services for
individuals who are deaf and hard of hearing with the State
Department of Social Services and the Department of Rehabilitation so
that employment services provided by this chapter supplement or
provide alternatives to services provided or funded by the
(c) Establish uniform accounting procedures and contracts for use
with regard to this chapter.
(d) Promulgate requests for proposals and conduct bidders'
conferences, and evaluate proposals according to the criteria
established pursuant to Section 11003.
(e) Utilize the definitions of deafness and significant hearing
impairment which have been used or established by regulation by the
State Department of Social Services.
(f) Conduct a management or fiscal audit of any contract whenever
it is necessary for proper supervision of that contract.
(g) Annually consider incorporation of the services described in
this chapter in the job service plan required by Section 8 of the
federal Wagner-Peyser Act (29 U.S.C. Sec. 49g).
(h) Assist contractors in maintaining all of the following
(1) The number of persons receiving services.
(2) A description of the services provided.
(3) The cost of the services provided.
(4) The number of persons placed in jobs.
(5) The number of persons assisted by followup activities.
(6) The number and qualifications of staff providing the services.
The Employment Development Department shall not expend over
5 percent of the sum appropriated for this chapter for its