(1) Pursuant to its statutory authority and available appropriations, the department shall:
(a) Review and make recommendations for amendments, if necessary, to Colorado's combined plan for execution of workforce development activities developed in accordance with the federal Workforce Innovation and Opportunity Act, Pub.L. 113-128, as amended, to ensure that persons with intellectual and developmental disabilities are supported in achieving employment;
(b) Develop practices that reflect a presumption that all persons with disabilities are capable of working in competitive integrated employment if they choose to do so, and ensure that options for competitive integrated employment with appropriate supports are explored before consideration of segregated activities;
(c) Promote youth transitions that focus on public-private collaboration, and employer engagement that emphasizes free-market solutions;
(d) Provide department input and assistance to the employment first advisory partnership described in section 8-84-303 in carrying out its duties; and
(e) Present the reports and recommendations of the employment first advisory partnership to the department's legislative committee of reference pursuant to section 8-84-303 (7).
Source: L. 2016: Entire part added, (SB 16-077), ch. 360, p. 1501, � 2, effective July 1.
8-84-303. Employment first advisory partnership - memorandum of understanding - reporting. (1) The employment first advisory partnership is hereby established as a partnership of existing entities including the state rehabilitation council, established by the department, the state work force development council, created in article 46.3 of title 24, C.R.S., and the employment first state leadership mentoring program core state advisory group, established by the department. The partnership shall also consult with the state leadership employment network for best practices in developing employment first policies and increasing competitive integrated employment for persons with disabilities. The state rehabilitation council shall serve as the lead agency to coordinate cross-departmental and inter-agency collaboration within the department and among the agency partners and to make recommendations to the general assembly and agency partners relating to employment first policies.
(2) On or before December 30, 2016, each agency partner shall identify the staff member or members within the agency charged with providing agency input and assistance relating to the memorandum of understanding pursuant to subsection (3) of this section and the duties of the partnership set forth in section 8-84-304.
(3) On or before January 30, 2017, the state rehabilitation council shall convene a meeting or meetings of the partnership and agency partners to develop a memorandum of understanding for the partnership relating to the duties of the partnership set forth in section 8-84-304. At a minimum, the memorandum of understanding shall include the responsibilities of each member of the partnership and each agency partner and a plan for completing the work of the partnership, including time frames.
(4) It is the intent of the general assembly that, through the employment first advisory partnership, employment first policies are considered and recommended that reflect not only the perspective of the agency partners but also persons with disabilities, advocates, service providers, employers, and members of the community. Therefore, unless provided through the membership of the partnership, the partnership shall seek stakeholder participation from, at a minimum:
(a) Representatives of a national association of persons supporting the implementation of employment first policies;
(b) Advocates for persons with intellectual and developmental disabilities;
(c) Persons with disabilities who have secured or are seeking competitive integrated employment; and
(d) Members of the community who are not connected to any service agency.
(5) At its discretion, the partnership may form subgroups comprised of members and stakeholders to consider specific issues relating to the strategic plan and the recommendations of the partnership.
(6) The partnership shall meet as often as necessary to complete its duties but shall meet at least once every quarter.
(7) (a) The agency partners shall present the initial report of the strategic plan and recommendations developed pursuant to section 8-84-304 to the legislative committees of reference for the agency partners as part of each agency's annual presentation made pursuant to section 2-7-203 during the interim between November 1, 2017, and the start of the 2018 regular legislative session. Thereafter, each agency partner shall inform the legislative committee of reference of revisions to the strategic plan and the implementation of employment first policies as part of the agency's annual presentation made pursuant to section 2-7-203.
(b) After the presentation of the initial report of the strategic plan, the employment first advisory partnership shall continue to meet, as necessary, to work on the duties set forth in section 8-84-304; to consider revisions to the plan; and to provide advice and expertise relating to the subsequent implementation of the plan.
(8) Repealed.
Source: L. 2016: Entire part added, (SB 16-077), ch. 360, p. 1502, � 2, effective July 1. L. 2017: (7)(a) amended, (HB 17-294), ch. 264, p. 1385, � 9, effective May 25. L. 2021: (8) repealed, (SB 21-039), ch. 380, p. 2547, � 3, effective July 1; (8) repealed, (SB 21-095), ch. 403, p. 2681, � 2, effective September 1.
Cross references: For the legislative declaration in SB 21-095, see section 1 of chapter 403, Session Laws of Colorado 2021.
8-84-304. Duties of the employment first advisory partnership - strategic plan - report. (1) (a) After considering the duties set forth in subsection (2) of this section, the employment first advisory partnership shall develop a strategic plan to expand competitive integrated employment outcomes for persons with disabilities through employment first policies and practices. The strategic plan must include recommendations to the general assembly and the relevant policy-making boards concerning any changes to state statutes or rules necessary to implement the strategic plan, along with a fiscal analysis of implementation costs, where practicable.
(b) The employment first advisory partnership shall prepare an initial report of the strategic plan no later than November 1, 2017, and shall revise the strategic plan as the partnership considers additional issues described in subsection (2) of this section.
(2) In developing the strategic plan to expand competitive integrated employment outcomes for persons with disabilities through employment first policies and practices, and in formulating the recommendations of the employment first advisory partnership, the employment first advisory partnership shall:
(a) Make recommendations to ensure that, in providing publicly funded services, competitive integrated employment is the primary objective and preferred outcome for all working-age persons with disabilities, regardless of the level of disability;
(b) Identify the barriers to competitive integrated employment for persons with disabilities, including policy, procedural, financial, educational, transportation, service delivery, and other barriers;
(c) Identify unnecessary, inefficient, or conflicting agency rules and regulations that make it more difficult for employers to hire persons with disabilities;
(d) Identify training and knowledge gaps among agency staff, agency vendors, and individuals with disabilities and their families that may create obstacles and perceived obstacles for persons with disabilities, including significant disabilities, to participating in competitive integrated employment;
(e) Identify the data available and the gaps in data collection that prohibit the measurement of Colorado's progress towards compliance with the United States supreme court's decision in Olmstead v. L.C.; and
(f) Make recommendations relating to prevocational services to ensure that, in compliance with federal law, the services are time limited and reasonably lead to competitive integrated employment. The employment first advisory partnership's consideration shall include the average time currently spent in preemployment services by persons through the home- and community-based services intellectual and developmental disabilities waiver combined with the time previously spent in sheltered workshops.
(3) The employment first advisory partnership may consider employment first issues and make recommendations on issues that are not described in subsection (2) of this section, which issues may include career development planning and the discovery process. The partnership may also prioritize its work on the issues, including deciding not to pursue an issue, in order to achieve an efficient use of the employment first advisory partnership's time and resources.
(3.5) and (4) Repealed.
Source: L. 2016: Entire part added, (SB 16-077), ch. 360, p. 1503, � 2, effective July 1. L. 2018: (4) added, (SB 18-145), ch. 215, p. 1371, � 4, effective August 8. L. 2021: (3.5) added and (4) repealed, (SB 21-039), ch. 380, p. 2547, � 4, effective July 1; (4) repealed, (SB 21-095), ch. 403, p. 2681, � 3, effective September 1.
Editor's note: Subsection (3.5)(c) provided for the repeal of subsection (3.5), effective July 1, 2022. (See L. 2021, p. 2547.)
Cross references: (1) For the legislative declaration in SB 16-077, see section 1 of chapter 360, Session Laws of Colorado 2016. For the legislative declaration in SB 18-145, see section 1 of chapter 215, Session Laws of Colorado 2018. For the legislative declaration in SB 21-095, see section 1 of chapter 403, Session Laws of Colorado 2021.
(2) For the Olmstead v. L.C. case referenced in subsection (2)(e), see 527 U.S. 581 (1999).
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