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Rutgers, The State University of New Jersey Liberty Plaza, 335 George Street, New Brunswick, NJ 08901
rwjms.rutgers.edu/boggscenter p. 732-235-9300 f. 732-235-9330
David Michael Mank, PhD Professor Emeritus Indiana University Bloomington, IN
Enhancing Employment: The Workforce Innovation and Opportunity Act
and Other Recent Developments
May 11, 2017 DoubleTree Suites by Hilton, Mt. Laurel, NJ
The attached handouts are provided as part of The Boggs Center’s continuing education and dissemination activities. Please note that these items are reprinted by permission from the author. If you desire to reproduce them, please obtain permission from the originator.
5/4/2017
1
Enhancing Employment: The Workforce Innovation and Opportunity Act
and Other Recent Developments
Developmental Disabilities Lecture Series May 11, 2017
David Mank, Ph.D.Professor EmeritusIndiana [email protected]
Notable Employment Related Developments2014‐2017
Oregon – Department of Justice Settlement Agreement
AbilityOne ®
14(c) Proposed Legislation
CMS Integration Language
Home and Day Settings
CMS – Notice of Performance Based Payment Options for Employment
Workforce Innovation and Opportunity Act
Oregon Department of JusticeSettlement Agreement
Transition
Metrics
Capacity Building
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2
AbilityOne ®
Contracting Concerns
75% Requirement
Possible Reform Aligned with Olmstead and ADA?
14(c) Subminimum Wage
Advisory Committee Recommendations
States Initiatives
Proposed Federal LegislationSenateHouse of Representatives
CMS
Settings/Integration
Typical Settings
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3
CMS Payment
Outcomes Payments
Initial Milestones
Sustained Employment
Workforce Innovation and Opportunity Act
Advisory Committee
Transition
Collaboration State DD/VR/Medicaid Office
Oregon – Department of Justice 2015 Settlement Agreement
January 2012 – December 2015 Class ActionPeople in Sheltered workYouth at risk
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4
Oregon Department of JusticeSettlement Agreement
Transition
Metrics
Capacity Building
Background
Vocational Assessments in Workshops for youth
Decreasing numbers in Integrated Employment over years
Context of Olmstead Decision and ADA
Oregon Actions
Governor’s Executive Orders – 2013, 2015
Integrated Employment Plan
Capacity Building Training and technical assistance
Quality Assurance Plan
Outreach
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5
Key Terms of Agreement
“Closing the front door”
Employment Services to 7,000 (4,900 youth)
At least 1,115 in integrated employment
Overall reduction in number in SW
Agreement Includes
Outreach
Training and technical assistance
Funding approaches
Transformation grants
No one required to leave SW
Seven years
And, around the country
Rhode Island agreement
State Employment Leadership Network
Office of Disability Employment Policy grants
AIDD Partnerships in Employment grants
CMS
WIOA
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6
From impossible to possible ….
From possible to beneficial ….
From beneficial to allowed ….
From allowed to preferred ….
…. to the same standard as everyone else
Employment
Workforce Innovation and Opportunity Act: Key Provisions
Much larger role of Vocational Rehabilitation in transition from school to work
15% of Vocational Rehabilitation funds for transition servicesLimits to use of subminimum wage
Those under 24 should be offered competitive integrated employment
Emphasis on those with high support needs
Key Provisions
Definitions of supported employment and customized employment
Definition of competitive integrated employment
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Full time or part time work at minimum wage or higher, with wages and benefits similar to
those without disabilities performing the same work, and fully integrated with
coworkers without disabilities.
Competitive Integrated Employment
Key Provisions
Formal cooperative agreements between Vocational Rehabilitation, State Medicaid Office and Intellectual/Developmental Disabilities State Agency
Creation of advisory committee
Advisory Committee on Increasing Competitive Integrated
Employment for Individuals with Disabilities (ACICIEID)
January, 2015 – September, 2016
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8
Prepare Findings, Conclusions And Recommendations For The Secretary Of Labor On: Ways to increase competitive integrated employment People with intellectual/developmental disabilities Individuals with significant disabilities
Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (ACICIEID)
Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (ACICIEID)
The use of Section 14(c) (1938) Fair Labor Standards Act (FLSA) Ways to improve oversight of such certificates
Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (ACICIEID)
DUTIES INCLUDE “Committee advise the Secretary on development and
implementation of coordinated policies and job‐driven strategies across federal agencies”
Evaluate the use of 14(c) in light of goals of competitive integrated employment
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Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (ACICIEID)
DUTIES INCLUDE Review existing federal policy and make
recommendations (including employment services, long‐term supports, family support, and transportation)
Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (ACICIEID)
COMMITTEE MEMBERSHIP Self‐Advocates (3) Employment Service Providers (2) National Advocacy Organizations (3) Academics (2) Employers (2) Other Representatives (5)
COMMITTEE MEMBERSHIP US Department of Labor Employment and Training Wage and Hour Office of Disability Employment Policy
Administration on Intellectual and Developmental Disability CMS SSA Rehabilitation Services Administration
Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (ACICIEID)
5/4/2017
10
Transition to Careers Complexity in Delivering Competitive Integrated Employment Marketplace Dynamics Building State and Local Capacity
Sub‐Committees
AbilityOne® 14(c) FLSA Data Funding Wrap Around Services Employment Success/Benefits Ticket To Work
Additional Sub‐Groups
2016 Recommendations
See website for full record of committee report
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Overall Capacity Building
The way in which employment services are funded
How employment services and outcome data are gathered and analyzed
Overall Capacity Building
How personnel are prepared, trained and supported to carry out their roles to facilitate CIE
Oversight and direction provided by federal agencies as CIE is expanded
Capacity Building for Youth
For youth to effectively transition to adult employment there needs to be:
Early work experiences
Family involvement and support
Professional development and training
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12
Capacity Building for Youth
Systems integration for seamless transition
Available and transferable assistive technology
Capacity Building Through Changes in the Use and Oversight of 14(c) Certificates
Subminimum wages paid under certificates allowable under the Fair Labor Standards Act (FLSA)
Congress amend the FLSA to allow for a multi‐year, well‐planned phase out of Section 14(c)
The Wage and Hour Division of the U.S. Department of Labor engage in stronger oversight of the current use of 14(c) certificates
The federal government assist states with building capacity of service systems to provide CIE services as alternatives to those provided under programs using a 14(c) certificate
Building Capacity in the Marketplace
Increased business and employer engagement will be necessary to increase CIE and will require:
Increased and more effective communication and outreach to businesses
Specific business‐oriented professional development for employment services personnel
5/4/2017
13
Building Capacity in the Marketplace
Incentives to create work experiences as preludes to employment
More accessible transportation
Hiring initiatives in high‐growth industries, particularly healthcare
Additional outreach to federal contractors regarding the OFCCP Section 503 regulations which establish disability hiring goals
Revisions to federal tax incentives and credits available to employers who hire people with disabilities
Capacity Building in Specific Federal Agencies
Increasing CIE will require partnerships and complementary actions among multiple federal agencies, including these activities:
Establishment of a cross‐agency working group to provide policy guidance and technical assistance on services that complement CIE
Demonstrating how the waiver of certain requirements in use of the Ticket‐to‐Work program will enable youth receiving SSI/SSDI to access services across systems that lead to CIE
Developing a policy reform initiative designed to increase the number of SSI/SSDI beneficiaries in CIE while simultaneously maintaining eligibility for income maintenance and essential health benefits
Increasing Competitive Integrated Employment in the AbilityOne® Program
Reforming the AbilityOne® program so that it can create CIE opportunities on a broad scale will require:
Amending the Javits‐Wagner‐O’Day Act (JWOD) to fully align the Act with modern federal disability law and policy goals by reforming the criteria for contract procurement selection and for program eligibility
Research on current use of AbilityOne® in order to identify how the program is serving the target population and to determine steps for improving its ability to create CIE opportunities
Evaluation of the implementation and impact of AbilityOne® reforms
5/4/2017
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Practical Strategies for School to Work
Examples from Indiana and Seattle
Emphasis on interagency collaboration
Emphasis on Transition Outcomes: “Jobs by June”.
Vision and Goals
Outreach to families while students are still in school
Transition Fairs
Roles for School Personnel
Access to the general curriculum
Community skills
Soft skills
Individual Transition Plan
Collaborate
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15
Role of Vocational Rehabilitation
Early involvement
Presumption of eligibility
Post – employment support services extended from 18 to 24 months (WIOA)
Collaborate
Roles of Employment Services Providers
Available to youth still in schoolDiscovery processAccess to work experiencesJob Development
Job matching and/or customized employment
Employer development and support
Technology as possibleOngoing job supports
Process for Individuals and Families
Transition FairsOrientationEligibility for adult employment services
Timelines – Month by month. Final school 1 – 2 years
Application processGetting connected to VR and an employment provider
Transition checklistsJob experiences and a jobhttp://www.kingcounty.gov/depts/community‐human‐services/developmentaldisabilities/services/school‐to‐work.aspx
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Employment Providers Connection
Choosing a provider
Or
“Embedded” providers in schools
Pros and Cons
Funding Strategies
The art of the possibleBlended and braided fundingFlexibility?
Additional Resources
Center on Community Living and Careers at Indiana Institute on Disability at Indiana University
Indiana Secondary Transition Resource Centerhttps://www.iidc.indiana.edu/pages/cclc‐transition
5/4/2017
17
School to Work Outcomes in King County, WA
Nearly 70% of youth and families engage (up from 50%)
60% to 70% leave school with a job
Good variety of jobs
Some variance in hours worked
Expanding capacity
Lessons Learned
Leadership mattersClarity of MissionCollaborationTraining and Technical AssistanceImportance of outreach to multi‐cultural communitiesShared commitment among collaboratorsStarting “early”.Benefits planningCreative funding
Challenges
Including “All”
Limits to long term supports
Maximizing Hours
Unevenness
Multi‐cultural communities (14+ languages for website information)
5/4/2017
18
New Horizons: Indiana and Washington
Earlier start on Transition
Expanding capacity
Earlier Family Outreach
Sustainable data systems
Keeping all partners connected
Questions and Discussion
What is already working for you?
What is your Mission?
What are your goals?
Who do you need?
What is possible in 6 months? A year? 5 years?
Notes
Notes
Notes
Notes