County of San Diego Health and Human Services Agency HHSA CalWORKs Program Guide Number Page Learning Disabilities 10006 1of 4 Revision Date 10202017 Background Per state regulations ACL 1693 ACL 15101 MPP 42722 The Learning Disabilities Association of America LDA describes Learning Disabilities LD on its website httpldaamericaorgtypesoflearningdisabilities as neurologically based processing problems that can interfere with learning skills such as reading writing andor math and can interfere with other skills such as organization time planning abstract reasoning longor shortterm memory and attention Since Learning Disabilities may interfere with the participants ability to obtain or retain employment or to participate in WelfaretoWork WTW activities state regulations require WTW agencies to offer screenings and evaluations for potential LD and to provide reasonable accommodations needed to help the participant be successful in completing hisher WTW activities This policy revision is to include instructions for screening forms that have been validated for use with clients whose primary language is Spanish and to reformat and simplify previous policy instructions Policy 100061 Screening requirements Employment Sites must offer WelfaretoWork WTW participants a screening for Learning Disabilities LD at the first WTW contact ie orientation or appraisal Information must be provided both verbally and in writing to WTW participants about the screening including a description of the purpose and benefits of screening and evaluation 100062 Providing Learning Disabilities Screening Employment Sites must provide the LD screening to all WTW participants who request it if there is a validated screening tool available in the participants primary language If no validated screening tool exists in the participants primary language heshe may request a direct referral for a LD evaluation 100063 Participants who decline the Learning Disabilities ScreeningEvaluation Participants have the right to decline LD screening andor evaluation and cannot be sanctioned for refusing to be screened or evaluated The Waiver of CalWORKs Learning Disabilities Screening andor Evaluation WTW 17 is provided only if a participant who after being fully informed of the benefits of LD screening and evaluation decides not to be screened or evaluated If a participant initially waives the screening and requests a screening at a later date the screening must be performed as soon as possible 100064 Learning Disabilities Evaluation A referral to an LD evaluation is required if a WTW participant is suspected of having a learning disability This includes individuals who meet at least one of the following criteria Have been identified as having a potential learning disability based on the LD screening score County of San Diego Health and Human Services Agency HHSA CalWORKs Program Guide Number Page Learning Disabilities 10006 2of 4 Are suspected of having a learning disability even if the screening did not indicate a potential learning disability Were previously identified as having learning disabilities ie special education Have requested a referral to a learning disability evaluation because no validated screening tool exists in their primary language Only professionals trained in learning disabilities evaluations who use recognized and validated learning needs evaluation tools to identify learning disabilities and to determine the appropriate accommodations for individuals with learning disabilities are to provide the learning needs evaluations Participants have the right to decline the LD evaluation If a participant declines to participate in the LD evaluation hisher WTW activities will not include any accommodations for a learning disability The Learning Disabilities Evaluation includes Discussion about learningeducation experiences Observations of work habits and classroom ability Testing for learning aptitudes and vocational interests Evaluation for other impairments to participation 100065 Learning Disabilities Evaluation Report The WTW participant will receive a copy of a Learning Disabilities Evaluation Report and an explanation of the evaluation results from the Learning Disabilities Specialist during an exit interview or from hisher WTW Employment Case Manager ECM The Learning Disabilities Evaluation Report must include at a minimum the following core information Relevant vocationaleducational background and interests General aptitudecognitive level Areas of strengths and areas of deficiencies Summary of the participants conditions and services needed The Learning Disabilities Evaluation Report may also include Local resources to assist participants Documentation of recommended accommodations andor assistive technology needs Discussion of participants shortlongterm employment goals and generalspecific vocational recommendations If a participant provides previous LD evaluation results that were conducted outside of the WTW program the ECM will evaluate whether to accept the results or to obtain a second opinion by referring the participant for another evaluation 100066 The County response to the Report If the participant does not have a learning disability the participant must begin or resume hisher WTW assignment without special accommodations while participating in WTW since it was determined that heshe did not have a learning disability County of San Diego Health and Human Services Agency HHSA CalWORKs Program Guide Number Page Learning Disabilities 10006 3of 4 If the participant does have a learning disability that interferes with obtaining or retaining employment or participating in a WTW activity the WTW plan must be developed or modified as necessary to reflect the appropriate activities and accommodations based on the results of the LD evaluation and discussions between the ECM and the participant The participant has the right to file for a state hearing if heshe disagrees with the county actions based on the evaluation 100067 Confidentiality The participants medical records and written LD evaluations are confidential documents and are only to be shared with other counties other LD evaluators outside agencies and WTW partner agencies on a needtoknow basis The participants written consent must be obtained for this information to be shared with individuals or organizations outside the county welfare department 100068 Learning Disabilities Participation Requirements Unless exempt from participation per CPG 10020A WTW Exemptions an individual with a learning disability generally must participate for the required number of hours specified in CPG 10003A WTW Hourly Participation Requirements If the LD Evaluation Report recommends fewer hours of participation the ECM may modify the WTW plan as necessary to reflect reasonable accommodation to help the participant be successful in completing hisher WTW activities For participants with learning disabilities the required hours of participation may include supplemental activities that support the participants employment goals and are consistent with the recommendations of the learning disabilities evaluation report and WTW plan such as but not limited to Adult Basic Education Literacy Tutoring Additional Study time 100069 Good Cause Determinations Compliance process Stopping WTW Sanction If a learning disability is confirmed through an evaluation during a participants good cause determination or compliance process the ECM must determine if the disability contributed to the participants failure If it is determined that the learning disability diminished the participants ability to participate The participant shall be considered to have good cause for hisher failure to participate in the required hours or if appropriate to be exempt from WTW activities The participant shall not be considered to have an instance of noncompliance As necessary the ECM must also review the WTW activity andor WTW plan and modify it appropriately for the participants disability If a learning disability is confirmed through an evaluation for an individual who is attempting to stop hisher WTW sanction the ECM must determine if the disability contributed to the participants noncompliance If it is determined that the learning disability was a contributing factor to the instance of noncompliance The ECM will rescind the sanction and the participant will not be considered to have an instance of noncompliance The ECM will give the participant the choice of County of San Diego Health and Human Services Agency HHSA CalWORKs Program Guide Number Page Learning Disabilities 10006 4of 4 o receiving retroactive aid payments for the months the participant was improperly sanctioned which would reduce by a corresponding number of months the remaining time on aid or o prospectively resuming receipt of cash aid and WTW services effective the date the participant is no longer sanctioned As necessary the ECM will review the WTW activity and WTW plan and modify it appropriately for the participants disability If the learning disability was not a contributing factor to noncompliance the sanctioning process will continue in accordance with WTW regulations 1000610 InterCounty Transfers of Individuals with Learning Disabilities When a CalWORKs recipient with a verified learning disability moves from one county to another the first county must with the participants written permission forward a copy of the written learning disabilities evaluation to the second county The second county must develop a new or modify the existing WTW plan as necessary to reflect appropriate activities and necessary reasonable accommodations The participant shall not have good cause for failure to participate in the second county based on the second countys failure to provide services and accommodations that were identified as necessary for the participant in the first countys learning disabilities evaluation report when the participant refuses permission for the first county to forward the report Processing Guides 10006A Learning Disabilities Screening Process 10006B Learning Disabilities Evaluation Process 10006C Learning Disabilities Participation Requirements References ACL 1693 Spanish Language Learning Needs Screening ACL 15101 Revisions to CalWORKs Learning Disabilities Forms MPP 42722 Learning Disabilities Protocols and Standards Sunset Date This policy will be reviewed for continuance by October 31 2020 Approval for Release Rick Wanne Director Eligibility Operations