Note: Gavin Newsom signed this bill into law shortly after we submitted our objections.
September 20, 2021
Governor Gavin Newsom
1303 10th Street, Suite 1173
Sacramento, CA 95814
Re: We ask for your veto of SB 639 (Durazo) Governor Newsom,
The National Council on Severe Autism asks that you take a stand in support of Californians with severe disabilities and VETO SB 639 (Durazo). SB 639 would eliminate the crucial option of non-competitive employment in California — while the demand for non-competitive employment for those with significant I/DD (including autism) is surging.
As you are probably aware, autism cases in the Department of Developmental Services have skyrocketed over the past three decades, from about 3,000 cases to more than 135,000 cases today. Depending on the case, these individuals can exhibit severe cognitive, learning, and communication impairments, behaviors such as aggression and self-injury, loud vocalizations or other disruptive behaviors, extreme anxiety and sensory dysfunction, while often having medical complications such as incontinence and seizures. The majority of these individuals, when they age out of school, are incapable of engaging in competitive employment. The only realistic options are non-competitive jobs, isolation at home, or regional center-funded day programs (babysitting).
It is urgent that California not only retain its non-competitive options but that it expands these options for the rapidly growing disability population that is clearly incapable of working in market settings.
While of course we support a transition to competitive employment for all those capable of such employment, it is the height of folly — and cruelty — to assert that ALL those with disabilities can attain that level of competence when the overwhelming evidence is to the contrary. Without non-competitive options many will be consigned to a life deprived of any work — defeating the very purpose of the enlightened legislation that allowed them the dignity and purpose of jobs relieved of the pressure of an unachievable performance metric.
Californians with severe disabilities such as DDS-qualifying autism are suffering. When they exit school they have few if any opportunities for engagement and meaningful activities. For example, when my own 22 year-old severely autistic son Jonathan 1 info@ncsautism.org ncsautism.org PO Box 26853 San Jose, CA 95159 entered the adult system, not a single regional center-funded program in our county would accept him. Not one. We clearly must expand our menu of options, not slash it.
The consequences of removing one of the few engagement programs for the severely disabled are dire. Yet the sponsors of the bill have included no proposal whatsoever to address the needs of this vast sector of our disabled population. Instead they say, “we’ll deal with them later.” This is irresponsible and unacceptable: any legislation that forecloses on options for the severely disabled must explicitly provide for viable alternative programming.
Please veto SB 639. The State Council on Developmental Disabilities and Senator Durazo must do better than to champion one (high functioning) sector of the disability population while throwing another sector under the bus.
Very truly yours,
Jill Escher
President
National Council on Severe Autism