Bill Summary for H 984 (2017-2018)

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Summary date: 

May 22 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 984 (Public) Filed Tuesday, May 22, 2018
AN ACT TO CREATE A POSITION WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO OVERSEE ADMINISTRATION AND COORDINATION OF EDUCATION AND EMPLOYMENT PROGRAMS FOR INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.
Intro. by Bradford, Dollar, Lambeth, Sauls.

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Bill summary

Enacts GS 143B-179.1, establishing the position of Director of Education and Employment Opportunities for Individuals with Intellectual and Developmental Disabilities (Director) within the Department of Health and Human Services (DHHS) with the responsibility of overseeing the interagency coordination of education and employment programs and services for individuals with intellectual and developmental disabilities. Establishes that the DHHS Secretary must appoint the Director and establish the Director’s salary, and has the authority to remove the Director. Provides for the Director to appoint and supervise staff pursuant to GS Chapter 126 (the NC Human Resources Act).

Provides that the Director is to be the coordinator and point of contact for access to education and employment programs and services for individuals with intellectual and developmental disabilities, with 14 delineated duties and responsibilities specified, including: (1) developing strategies to increase employer awareness and incentives to support competitive integrated employment, (2) working with universities and colleges to coordinate higher education disability services with State agencies and community organizations to increase access for students with intellectual and developmental disabilities to personal assistance and residential services and supports in an academic setting, and (3) serving as an ex officio member on the Council on Developmental Disabilities of DHHS and the Council on Educational Services for Exceptional Children. Requires an annual report from the Director by March 1.

Amends the composition of the Council on Developmental Disabilities of DHHS set forth in GS 143B-179, decreasing the number of appointed members from 32 to 31, making the DHHS Secretary or the Secretary’s designee an ex officio member (currently, the DHHS Secretary or the Secretary’s designee is included in the required DHHS representative members of the Council). Makes conforming changes to add the Director as an ex officio member. Modifies the language requiring one third of the 16 members designated as consumers of service for the developmentally disabled that must be the immediate relatives or guardians “of persons with mentally impairing developmental disabilities,” to instead refer to these members as immediate relatives or guardians “of persons with developmental disabilities that impair their intellectual functioning.” Establishes that the Governor has the power to remove any appointed member of the Council, excluding the DHHS Secretary or the Secretary’s designee and the Director (previously, the Governor’s removal power extended to any member, as they were previously all appointed members).

Amends GS 126-5, adding the Director to those exempt from the provisions of Articles 6 (Equal Employment and Compensation Opportunity; Assisting in Obtaining State Employment) and 7 (The Privacy of State Employee Personnel Records) of GS Chapter 126.

Amends the composition of the Council on Educational Services for Exceptional Children set forth in GS 115C-112.1, increasing the number of minimum appointed members from 24 to 25. Makes conforming changes to add the Director as an ex officio member, increasing the number of ex officio members from four to five. Adds the Deputy Commissioner for the Division of Adult Correction and Juvenile Justice or the Deputy Commissioner’s designee as an ex officio member, replacing the Secretary of Public Safety as an ex officio member. Specifies that no person appointed by the State Board of Education can serve more than two consecutive four-year terms (previously, prohibited all persons from serving more than two consecutive four-year terms).

Requires the DHHS Secretary to appoint a Director by October 1, 2018.

Directs the Director, after consultation with other DHHS divisions and the Department of Public Instruction, to submit an initial report to the Joint Legislative Education Oversight Committee and the Joint Legislative Oversight Committee on Health and Human Services by March 1, 2019. Specifies information the report must contain, including strategies to improve the coordination of funding, data collection, evaluation and reporting, and operational efficiencies with the goal of allowing the fair assessment of outcomes, use of funds, gaps and overlaps in services and supports related to the preparation for and support of postsecondary education and employment for individuals with intellectual and developmental disabilities.

Appropriates $150,000 in recurring funds from the General Fund to DHHS for the 2018-19 fiscal year for the salary and benefits of the Director and any necessary staff and for the Director’s operating costs. Additionally appropriates $18,000 in nonrecurring funds for furniture and equipment costs in establishing the Director’s position.

Effective July 1, 2018.