Consortium for Citizens with Disabilities
ON BEHALF OF:
The Employment and Training Task Force of the Consortium for Citizens with Disabilities wishes to submit written comments in conjunction with the hearing on the Workforce Investment Act before the Employment, Safety and Training Subcommittee of the US Senate Committee on Health, Education, Labor and Pensions. CCD is a coalition of national consumer, advocacy, provider, and professional organizations working together with and on behalf of the 54 million children and adults with disabilities and their families living in the United States.
The CCD Employment and Training Task Force focuses on disability policy issues related to the employment of people with disabilities, particularly issues related to the programs and projects funded under the Rehabilitation Act of 1973, as amended. The Task Force has also been working with the Social Security Administration on their efforts to facilitate the employment of individuals with disabilities receiving Social Security benefits, and with the Department of Labor on making their employment and training programs accessible and responsive to individuals with disabilities.
CCD welcomes the opportunity to provide this comment and appreciates your holding a hearing regarding the Workforce Investment Act which is up for reauthorization during the 108th Congress. We appreciate the work of this Committee in addressing this important legislation and appreciate your attention to the concerns we have outlined in this testimony.
When Congress passed the Workforce Investment Act in 1998, it set in motion significant changes in the workforce investment system, including governance, accountability and increased coordination and collaboration among federally funded partner programs. Among the organizing principles of WIA is universal access where a set of cores services are intended to be available to any individual who needs them. A second principle is the concept of a One Stop service delivery system whereby federal assistance and services can be made available through partnership organizations which, in many cases, are located under one roof to facilitate ease of access and enhanced customer service. The One Stop delivery system, through statewide and local workforce development systems, was intended to increases the employment, retention, earnings, and skills attainment of participants, including people with disabilities.
Ensuring the
Accessibility of Job Training Programs, Educational Programs and Other Service
Programs
The vision of the One Stop Career Centers established under the Workforce Investment Act (WIA) of 1998 was to be the culmination of a collaborative service delivery system that serves all Americans who encounter barriers to employment, including individuals with significant disabilities. Collaboration between the State Units administering the Public Vocational Rehabilitation (VR) Program and DOL-funded workforce investment services is intended to produce better information, more comprehensive services, easier access to services and improved long-term employment outcomes for individuals with disabilities.
Under the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, the One Stop Career Centers created under the Workforce Investment Act are required to be both physically and programmatically accessible. Generic service providers, including One-Stop centers are responsible for serving individuals with disabilities under the same terms and conditions as they serve non-disabled individuals. Congressional intent, which is consistent with the ADA and Section 504, was and is, that programmatic access to individuals with disabilities at the One Stops -- those related to individuals with communicative, cognitive and sensory disabilities -- must include alternate formats (both Braille and large print), assistive technology, auxiliary aids and services, including interpreters and readers, and accessible software and related-communicative equipment. These accommodations, which are necessary to facilitate the participation of individuals with physical, mental, sensory and cognitive disabilities in educational programs, vocational training, and other types of employment services provided by generic service providers, are the responsibility the generic service provider.
As a required partner, State VR Agencies may provide technical assistance on identifying and providing needed accommodations and information on how to make physical facilities accessible to individuals with different types of disabilities. However, State VR Agencies should not be covering expenses associated with making One-Stop facilities and programs accessible to individuals with disabilities. That responsibility must remain with the One-Stop Centers and the public and private providers they use to provide educational, employment and training services. In addition, State VR Agencies should not be asked to assume the expenses associated with the provision of core services in a One-Stop center merely because some individuals with disabilities will be benefiting from those services.
While some progress has been made to effect physical accessibility to individuals with disabilities at some of the One Stops, many challenges remain. The message is simple: If individuals with disabilities cannot get through the door of the one-stop career centers (or are unable to have meaningful access to information and services once inside), they cannot and will not be served or secure employment.
During consideration of the WIA legislation in the Senate, the then-Chairman of the Subcommittee on Employment and Training, Senator Mike DeWine (R.OH.) stated that "While the VR program is to be linked to the workforce investment system, funds appropriated for the VR program are not to be compromised or diverted to other workforce populations."
There are ample requirements regarding accountability for VR funds in the specifically crafted Rehabilitation Act of 1973, as amended. In Section 16(a), the Transfer of Funds section states in part: "No funds appropriated under this Act for any program or activity may be used for any purpose other than that for which the funds were specifically authorized." Relatedly, Section 3(b) of the Rehab Act states: "The Secretary shall take whatever action is necessary to ensure that funds appropriated pursuant to this Act are expended only for the programs, personnel and administration of programs carried out under this Act."
When WIA was authorized, it was believed that the intent of Congress was for mandatory partners to contribute resources to the statewide workforce investment system consistent with the partner's authorizing legislation.
The CCD E&T Task Force holds to this belief and fully supports the cost-allocation methodology that is currently defined in the Department of Labor’s Employment and Training Administration’s (DOL/ETA) Final notice entitled “Resource Sharing for Workforce Investment Act One-Stop Centers: Methodologies for Paying or Funding Each Partner Program’s Fair Share of Allocable One-Stop Costs (published in the Federal Register on May 31, 2001), and the DOL/ETA’s “One-Stop Comprehensive Financial Management Technical Assistance Guide” (dated July 2002). Since this methodology of sharing resources permits mandatory partners to contribute their fair share to the support of the system, based on utilization and benefit to their target population, the CCD E&T Task Force would oppose any alternative efforts or prescribed methods for garnering additional resources from the Public VR Program.
Moreover, because numerous barriers remain regarding the provision of services to individuals with disabilities at the One Stop career centers, the CCD E&T Task Force will oppose any efforts to set aside a percentage of the Public VR Program’s Title I funds to support the infrastructure of the One Stop Career Centers.
Recognizing the expertise of individuals staffing State VR Agencies and the importance of considering the needs and views of individuals with disabilities as state workforce investment systems are implemented, the CCD E&T Task Force believes each State Workforce Investment Board (SWIB) must include in its membership at least one individual with a disability and the State's Vocational Rehabilitation (VR) Director, i.e., the person who is responsible for overseeing the administration of the State Plan for VR Services, or an individual designated by the VR Director. In States where State law has established a separate State VR Agency to serve individuals who are blind and visually impaired, the Director of that VR program should also be a voting member of the SWIB.
Nearly five years after implementation of the Workforce Investment Act (WIA), there are still states that are meeting the requirement to include a representative of the Public VR Program on the SWIB by having the head of the umbrella agency housing the Designated State Unit administering the Public VR Program serve as the VR representative on the SWIB. In addition, States that, based on the grandfather clause in Title I of WIA, decided to use existing boards to operate as the SWIB may not have anyone at all representing VR. The CCD E&T Task Force recommends that Sec. 111(b)(1)(C)(vi)(I) of WIA be amended to read as follows:
Sec. 111(b)(1)(C)(vi)
(I) the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; and
Add a new subsection (vi)(II) to read as follows:
(vi)(II) in the case of the Public Vocational Rehabilitation Program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), the Vocational Rehabilitation Director employed by the Designated State Unit or the Vocational Rehabilitation Directors in States that have a separate State entity that is responsible for the rehabilitation of individuals who are blind and visually impaired; and
Redesignate current subsection (vi)(II) as (vi)(III).
(vi)(III) in any case in which no lead State agency official has responsibility for such a program, service or activity, a representative in the State with expertise relating to such program, service, or activity; and
Ensuring the Continuation of Representation from VR and from Individuals with Disabilities on Local Workforce Investment Boards
Currently, WIA requires Local Workforce Investment Boards (WIBs) to include representatives of local community-based organizations (including organizations representing individuals with disabilities and veterans). As a result of this requirement, many Local WIBs include representatives of the Public VR program and individuals with disabilities. CCD has heard that proposed changes to the Local WIBs may remove this requirement. The CCD E&T Task Force will oppose any efforts to remove the requirement to include individuals with disabilities and representatives of organizations representing individuals with disabilities on the Local WIBs. The Task Force would support any effort to make this language stronger, e.g., making specific reference to a representative of the Public VR Program and a least one individual with a disability.
Conclusion:
While the CCD E&T Task Force believes in the dignity of work and the power of partnerships to empower individuals with disabilities to live, work, and recreate in their community, we must insist that these partnerships include meaningful supports and services to ensure full participation. While we support continued partnership at the One Stop Career Centers, we remain concerned about the present and future participation of individuals with disabilities in a system that remains largely inaccessible to them. We appreciate any assistance you can provide in addressing these issues.
In summary, the CCD Employment and Training Task Force will continue to support the participation of the programs administered under the Rehabilitation Act of 1973, as amended, together with the other mandatory partners, through existing Cost Allocation Guidelines. Similarly, we do not believe that State VR Agencies should be covering expenses associated with making One Stop facilities and programs accessible to individuals with disabilities. And finally, VR participation on the State and local WIBs is critical, and individuals with disabilities should be represented on the LWIB.
We would be happy to discuss this further and answer any questions you many have.