Consortium for Citizens with Disabilities
ON BEHALF OF:
American Association on Mental Retardation
American Congress of Community Supports and Employment Services
American Council of the Blind (ACB)
American Foundation for the Blind
American Network of Community Options and Resource
Association for Persons in Supported Employment
Association of University Centers on Disabilities (AUCD)
Council of State Administrators of Vocational Rehabilitation
Helen Keller National Center
International Association of Business, Industry and Rehabilitation (I-NABIR)
National Association of Protection and Advocacy Systems
National Industries for the Blind
NISH
Paralyzed Veterans of America
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 House Subcommittee on 21st Century Competitiveness . 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 these comments and appreciates your holding a hearing regarding the Workforce Investment Act which is up for reauthorization during the 108th Congress. We applaud the work of this Committee in addressing this important legislation and 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 core 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 increase 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 Sections 504 and 508 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. This is especially important in that the comprehensive services provided by the State VR and Blind Agencies are not duplicative of the services provided by the One Stop Centers. One Stops need to assure that people with disabilities have access to the full range of services including Individual Training Accounts.
While some progress has been made to effect physical accessibility to individuals with disabilities at some of the One Stops, many challenges remain particularly with regard to programmatic accessibility. 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.
Current obligations of the State Vocational Rehabilitation agencies already exceed their level of funding. 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.
The CCD E&T Task Force opposes 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.
The Administration has proposed to refine the performance measures for the One Stops to bring them in line with the common set of measures across federal employment and job training programs. The four measures for adults are: entered employment, retention in employment, earnings gains and program efficiency. For youth the measures are: placement in employment or education, degree or certificate attainment, literacy and numeracy gains, and program efficiency. This proposal will result in the unintended consequence of eliminating many individuals with disabilities from the programs being measured by these standards. Performance measures for both the vocational rehabilitation program and the One Stops must allow for alternative forms of evaluation. Flexibility must guide the measurement standards, allowing the systems to account for the ways in which they were able to meet the unique and individualized needs of the people they serve.
Nearly five years after implementation of the Workforce Investment Act (WIA), States are attempting to meet 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. Neither of these actions meet the intent of WIA to ensure inclusion of the needs of people with disabilities at all levels of the WIA system.
Further, in some regions, community-based providers have reported that their One-Stops view them as direct competition, and prohibit their participation on local or state boards. In fact, in some of those areas, it is now the community-based provider that serves the role of providing individuals with disabilities the information, training, and resources necessary to obtain or regain employment with diminishing resources. WIA job seekers in general, and individuals with disabilities in particular, stand to benefit from the WIA envisioned public-private partnerships between the One-Stops and community-based providers that current practice now impedes.
Although in some areas excellent relationships have been established between Local Boards, One-Stops, VR, people with disabilities, and community-based providers, other regions are sorely lacking such relationships and have expressed concerns over the inability to found such relationships. States and the One-Stops should take additional steps to get more representation from the disability community in the WIA system by ensuring direct representation of Vocational Rehabilitation (VR), community-based providers, and people with disabilities on State Workforce Investment Boards.
Recognizing the expertise of individuals staffing State VR Agencies, community-based providers, and consumer organizations as a valuable resource for the WIA system, 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, one representative of community-based providers, and the State's 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 specific VR program should also be a voting member of the SWIB.
The CCD E&T Task Force recommends that Sec. 111(b)(1)(C)(v) of WIA be amended to
read as follows:
(v) representatives of individuals and organizations that have experience and
expertise in the delivery of workforce investment activities, including chief
executive officers of community colleges and community-based organizations
within the State (including organizations representing and providing
employment service to individuals with disabilities);
The CCD E&T Task Force also 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 Continued Representation from VR and Individuals with Disabilities on the 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. The CCD E&T Task Force recommends strengthening this language to ensure that the interests of people with disabilities continue to remain a part of local WIA implementation by making specific reference to a representative of the Public VR Program, a representative of community-based providers, and a least one individual with a disability.
We are concerned that the Administration has proposed a targeted approach to serving youth that limits the programs to out of school youth. The schools are an incredibly important partner in services for youth who are “at risk” of a jobless future when they leave school. Youth with disabilities who remain in school certainly fall within that “at risk” category. The youth program must include a strong component of partnership with the school system, to ensure a seamless transition for youth with disabilities from school to postsecondary educational, job training, and job placement opportunities.
Rehabilitation Act Reauthorization Principles
1. Support policy that increases resources available to programs under the
Rehabilitation Act
2. Support consumer-driven services as a critical component of greater
self-advocacy and empowerment for people with disabilities.
3. Support the collaboration of public, private, and corporate sectors in order
to enhance each one's abilities to achieve mutual goals.
4. Support increased accountability and efficiency with Federal resources
through meaningful and accurate performance measurement of the rehabilitation
delivery system.
5. Support independence, self-sufficiency and employment as the primary goal of
VR services.
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.
The CCD Employment and Training Task Force does not believe that State VR Agencies should be covering expenses associated with making One Stop facilities and programs accessible to individuals with disabilities.
The CCD Employment and Training Task Force believes that VR participation on the State and local WIBs is critical. We further believe that individuals with disabilities and community-based providers should be represented on the both the SWIB and LWIB and support any effort to make this language stronger.
The CCD Employment and Training Task Force supports youth programs that include strong partnerships with the school system.
Thank you for your attention to our comments. We would be happy to discuss this further and answer any questions you many have. Please direct your questions to the Co-Chairs of the Employment and Training Task Force: Cheryl Bates-Harris, NAPAS, 202-408-9514; Alan Dinsmore, AFB, 202-408-0200; Charlie Harles, I-NABIR, 202-546-2847; and Celane McWhorter, APSE, 703-683-1166.
ON BEHALF OF:
American Association on Mental Retardation
American Congress of Community Supports and Employment Services
American Council of the Blind (ACB)
American Foundation for the Blind
American Network of Community Options and Resource
Association for Persons in Supported Employment
Association of University Centers on Disabilities (AUCD)
Council of State Administrators of Vocational Rehabilitation
Helen Keller National Center
International Association of Business, Industry and Rehabilitation (I-NABIR)
National Association of Protection and Advocacy Systems
National Industries for the Blind
NISH
Paralyzed Veterans of America