California § 4629 - The state shall enter into five-year contracts with regional centers, subject to

§ 4629. The state shall enter into five-year contracts with regional centers, subject to

(a) The state shall enter into five-year contracts with regional centers, subject to the annual appropriation of funds by the Legislature. (b) The contracts shall include a provision requiring each regional center to render services in accordance with applicable provisions of federal and state laws and regulations and written directives from the department. (c) (1) The contracts shall include statewide annual performance improvement indicators and benchmarks, hereinafter collectively referred to as “performance measures,” developed pursuant to Section 4620.5 and outcome measures that the department determines are necessary to ensure each regional center is complying with the requirement specified in subdivision (b). These performance measures shall: (A) Be specific, measurable, and designed to do all of the following: (i) Assist individuals to achieve life quality outcomes. (ii) Achieve meaningful progress above the current baselines. (iii) Improve timely access to services and supports identified as necessary to meet identified needs, including facilitating access to generic services and to culturally and linguistically appropriate services and supports provided by regional centers. (iv) Measure progress in reducing disparities and improving equity, including in outcomes for individuals receiving regional center services and consistent with equity measures published by the department. (v) Measure progress, and report outcomes, in implementing employment services and supports, which may include, but are not limited to, measures addressing the following: (I) Establishment of local partnership agreements between regional centers, local educational agencies, and the Department of Rehabilitation districts. (II) The provision of information to individuals regarding employment services, opportunities for employment, and available supports to achieve integrated competitive employment. (III) The development of regional center and service provider capacity to improve individuals’ attainment and retention of competitive integrated employment opportunities, through best practices, community outreach and partnerships, informed choice, or improved coordination of entities and policies, including through alignment with the objectives and terms of the interagency agreement described in Section 4868.6. (vi) Measure progress and report on performance measures to implement programs that incentivize high-quality regional center operations pursuant to Section 4620.5. (B) Be developed through a public process led by the department that includes, but is not limited to, all of the following: (i) Providing information, in an understandable form, to the community about regional center services and supports, including budget information and baseline data on services and supports and regional center operations. (ii) Conducting a public meeting where participants can provide input on performance measures and using focus groups or surveys to collect information from the community. (iii) Circulating a draft of the performance measures to the community for input prior to a second public meeting where additional public input will be taken and considered before the regional center’s adoption of the measures. (2) In addition to the performance measures utilized pursuant to this section, the department may specify in the contract additional areas of service and support that require development or enhancement by a regional center. In determining those areas, the department shall consider public comments from individuals and organizations, the distribution of services and supports within a regional center’s catchment area, and review how the availability of services and supports in the regional center catchment area compares with other regional center catchment areas. (3) Regional center governing boards may adopt additional performance measures beyond the statewide performance measures at their discretion. (d) Each contract with a regional center shall specify steps to be taken to ensure contract compliance, including, but not limited to, all of the following: (1) Incentives that encourage regional centers to meet or exceed performance measures. (2) Levels of probationary status for regional centers that do not meet, or are at risk of not meeting, performance measures. The department shall require that corrective action be taken by any regional center that is placed on probation. Corrective action may include, but is not limited to, mandated consultation with designated representatives of the Association of Regional Center Agencies or a contractor, or both. The department shall establish the specific timeline for the implementation of corrective action and monitor its implementation. When a regional center is placed on probation, the department shall provide the state council and the clients’ rights advocate identified in Section 4433 with a copy of the correction plan, timeline, and any other action taken by the department relating to the probationary status of the regional center, for their review and feedback. (e) In order to evaluate the regional center’s compliance with its contract performance measures and legal obligations related to those measures, the department shall do both of the following: (1) Annually assess each regional center’s achievement of its previous year’s performance measures and make the assessment, including baseline data and performance measures of the individual regional centers, available to the public. The department may make a special commendation of the regional centers that have best engaged the community in the development of contract performance measures and have made the most meaningful progress in meeting or exceeding contract performance measures. (2) Regularly monitor the activities of the regional center to ensure compliance with the provisions of its contracts, including, but not limited to, reviewing status relative to the established performance measures, including all of the following: (A) The regional center’s public process for compliance with the procedures set forth in paragraph (2) of subdivision (c). (B) Each regional center’s performance objectives for compliance with the criteria set forth in paragraphs (1) and (2) of subdivision (c). (C) Any public comments on regional center performance objectives sent to the department or to the regional centers, and soliciting public input on the public process and final performance standards. (f) (1) Beginning May 1, 2020, and annually thereafter, each regional center’s governing board shall hold one or more public meetings regarding its prior year’s contract compliance and performance measures and outcomes. The meetings may be held separately from meetings held pursuant to Section 4660. The regional center shall provide individuals attending these meetings with data and any associated information to facilitate discussion and community input. Regional centers shall inform the department that a meeting has been scheduled at least 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional center’s internet website at least 30 days prior to the meeting and shall be sent to regional center consumers and families and individual stakeholders at least 30 days prior to the meeting. Each regional center, in holding the meetings required by this subdivision, shall ensure that the meetings and meeting materials provide language access, as required by state and federal law, and shall schedule the meetings at times and locations designed to promote attendance by the public. To encourage participation by diverse language, racial, and ethnic communities, the regional center shall consider strategies to promote opportunities for public comment. (2) Each regional center governing board shall report to the department regarding the outcomes of each public meeting held pursuant to paragraph (1) within 90 days of the meeting. The report shall include, but shall not be limited to, both of the following: (A) Copies of minutes from each meeting and comments obtained from other strategies utilized to provide opportunities for public comment from diverse language, racial, and ethnic communities. (B) The regional center’s recommendations and a plan to address areas where improvement is needed. (g) The renewal of each contract shall be contingent upon compliance with the contract, including, but not limited to, the performance measures, and achievement of sufficient progress towards meeting the requirements of any corrective action plan imposed by the state, as determined through the department’s evaluation.