WIOA: Where are we now? A look at Pre-ETS & TOPIC AREA … · 14(c) certificate for the purpose of operating a program for a youth under which work is compensated at a subminimum
29
TOPIC AREA WIOA: Where are we now? A look at Pre-ETS & Section 511 Christine Johnson, WINTAC Laura Owens, NTACT NTACT Capacity Building Institute Denver, CO May 17, 2018 1
WIOA: Where are we now? A look at Pre-ETS & Section 511
Christine Johnson, WINTACLaura Owens, NTACT
NTACT Capacity Building InstituteDenver, COMay 17, 2018
1
Review intent of Section 511 of the Rehabilitation Act
Discuss challenges and trends regarding 511 and subminimum wage
Discuss effective state strategies in implementing Pre-ETS and Section 511
2
Session Outcomes
WIOA – Quick OverviewThe Rehabilitation Act of 1973 (Act), as amended by the Workforce Innovation and Opportunity Act (WIOA):
All roads should lead to competitive integrated employmentExpands the population of students with disabilities who may receive services and the types of services that the VR agencies may provideIncreases opportunities for students with disabilities to practice and improve workplace skills in competitive integrated work settings before HS exit
Increases opportunities for students with disabilities to explore post-secondary training options, leading to more industry recognized credentials, and meaningful post-secondary employmentRequires VR agencies to reserve 15% of the Federal VR allotment to provide, or arrange for the provision of, pre-employment transition services for students with disabilities transitioning from school to postsecondary education programs and employment in competitive integrated settings, and that these services be coordinated with local educational agencies (LEA)
4
WIOA – Quick Overview (cont.)
WIOA – Transition-related changes to the VR program regulations
Emphasize the provision of services to students and youth with disabilities to ensure they have opportunities to receive training and other services necessary to achieve competitive integrated employment.
Expand the population of students with disabilities who may receive services and the kinds of services that the VR agencies may provide to youth and students with disabilities who are transitioning from school to postsecondary education and competitive integrated employment.
5
Overview of Section 511 Places limitations on employers who hold special subminimum
wage certificates Places specific conditions that must be met before employers can:
• Hire youth with disabilities (under age 24) at subminimum wage • Continue to employ individuals with disabilities (of any age) at subminimum wage
Includes requirements for State VR agencies, subminimum wage employers and LEAs and/or SEAs, to follow specific requirements for youth prior to their participation in subminimum wage employment.
Before working at a rate below minimum wage, youth with disabilities must:
Receive pre-employment transition services Be referred to VR for services and Receive career counseling
7
Section 511 – Subminimum Wage
Education and Sub-Minimum wage• Schools will no longer be able to contract with entities that hold a
14(c) certificate for the purpose of operating a program for a youth under which work is compensated at a subminimum wage rate.
• Does not preclude a school from contracting with an entity that holds a 14(c) certificate if the purpose is the provision of transition or pre-transition services so long as they are not compensated at subminimum wage rates.
Presenter
Presentation Notes
The DSU(VR agency) , in consultation with the SEA, must develop or use an existing process that ensures that youth with disabilities seeking subminimum wage employment receive documentation demonstrating completion of the required activities (section 511(d) of the Act and §397.10). Documentation of the provision of: Pre-Employment Transition Services (WIOA) Transition Services (IDEA) Documentation of application for VR Services Ineligibility determination Eligibility determination Career Counseling and Information and Referral Services (CCIR) Facilitates Informed Choice Provided within 30 days of VR Eligibility/Ineligibility determination for students known be seeking SMW employment
• If the individual is a youth with a disability known to be seeking subminimum wage employment, the school should provide VR with documentation that transition services have been received.
• If the youth refuses, through informed choice, to participate in the required activities, the school must provide the needed documentation.
• The school should provide the documentation to VR and retain a copy of it.
9
Section 511School Responsibilities
Section 511-Common Implementation Issues
Year 1 for VR agencies: • Focus on understanding their responsibilities under the law and how to provide
career counseling information and referral (CC&I&R) services to large numbers of individuals in subminimum wage (SMW)
• Understanding the requirements for youth to enter SMW• Getting documentation of transition or pre-employment transition services from
the schools• Understanding how the consumer’s choice not to pursue competitive integrated
employment (CIE) could result in a VR ineligibility certification• Understanding how to work through different scenarios
Presenter
Presentation Notes
Implementation issues: The first year of Section 511 taking effect (July 2016), the VR agencies we were working with were focused on understanding their responsibilities under the law and figuring out how they would be providing career counseling information and referral (CC&I&R) services to large numbers of individuals in subminimum wage (SMW) work in their States. In some States, the demand wasn’t too great because they had low numbers, but in others, it was a major challenge because they had well over 10,000 individuals employed in SMW. The VR agencies were working with the 14c holders to figure out how they would deliver the CC&I&R and complete the required documentation. Some agencies delivered the CC&I&R with redirected staff, others contracted out the delivery of CC&I&R, and others did a hybrid of the two. Some other common first year implementation issues included: •Understanding the requirements for youth to enter SMW •Getting documentation of transition or pre-employment transition services from the schools •Understanding how the consumer’s choice not to pursue competitive integrated employment (CIE) could result in an ineligibility certification •Understanding how to work through different scenarios
Section 511Common Implementation Issues
Year 2 for VR agencies: • Ensuring ongoing delivery and tracking of semi-annual and annual
CC&I&R delivery.• Examining what effect, if any, the requirements for youth and the
CC&I&R were having on helping to move individuals to at least trying for CIE.
• Compliance with the law and the ongoing tracking and documentation is still a focus, but impact is also being addressed now
Presenter
Presentation Notes
As of July, 2017, all of the VR agencies we worked with directly had created and implemented systems to ensure that CC&I&R was delivered to the known individuals working in SMW. The challenges moved from creating something new to ensuring ongoing delivery and tracking of semi-annual and annual CC&I&R delivery. The discussion among the VR agencies that we have been working with switched from being solely focused on compliance to examining what effect, if any, the requirements for youth and the CC&I&R were having on helping to move individuals to at least trying for CIE. Compliance with the law and the ongoing tracking and documentation is still a focus, but impact is also being addressed now.
Section 511 Legal IssuesState laws that have either stopped new individuals from entering SMW, or outlawed it completely.
• Alaska, Oregon, Rhode Island, New Hampshire, and Vermont
US Senators requested information from the Department of Labor's (DOL) oversight and enforcement of employers that use 14(c) waivers to hire workers with disabilities and pay them less than the federal minimum wage. The senators also expressed support for phasing out the discriminatory waivers in a responsible way.
Presenter
Presentation Notes
Legal Issues: Some States like Alaska, Oregon, Rhode Island and Vermont, have passed State laws that have either stopped new individuals from entering SMW, or outlawed it completely. We expect that this movement will continue to grow throughout the country. Where do we go from here: The 511 TA has moved from initial implementation (helping to develop CC&I&R materials and P&P) and compliance (especially for youth), to ongoing tracking and impact measurement. We have been helping Blind agencies understand their role in helping to ensure that CC&I&R is accessible, even if the vast majority of it is provided by the General agency. The focus on the responsibilities of Blind VR programs is an outgrowth of the measurement of impact in many ways. The VR programs have been examining how CC&I&R is affecting the pursuit of CIE, and this begins with an honest assessment of whether the CC&I&R is delivered in an understandable format to all individuals. It will be increasingly important for Blind and General agencies to work in partnership to ensure that CC&I&R has the maximum impact for all individuals. The WINTAC continues to ask questions to RSA for VR programs on a biweekly basis related to 511. The demand for more than this review and ad hoc consultation is quickly diminishing and we do not expect the need for 511 TA will grow much beyond this activity. We will work with agencies to help maximize the impact of their services in response to 511, and provide examples of best practices. We will be focusing on completing the study of 14c holders as noted above, especially related to contacting those employers that let their 14c certificate expire to find out why this occurred.’
How have you dealt with the issue of subminimum wage?
If you worked with subminimum wage organizations in the past, what have you done to collaborate with other organizations?
13
Group Discussion Question
Overview of Pre-Employment Transition Services (Pre-ETS)
An early start at job exploration identifying career interests to be further explored through additional VR services; and
Provided in collaboration with state and local education agencies to students with disabilities; and
Made available statewide to all students with disabilities who need those services
Presenter
Presentation Notes
Partner with schools to provide transition services to students and youth with disabilities who are eligible for VR services. Partner with schools to provide or arrange for the provision of pre-employment transition services to any student with a disability who needs those services, and is eligible or potentially eligible. Engage employers and providers in developing a continuum of work-based learning opportunities for students with disabilities in competitive integrated employment settings. Conduct outreach activities to students and families regarding VR transition services and pre-employment transition services in partnership with education.
“Required” Pre-Employment Transition Services
1. Job exploration counseling2. Work-based learning experiences (in-school or after school opportunities,
or experience outside the traditional school setting)3. Counseling on opportunities for enrollment in comprehensive transition or
post-secondary educational programs at institutions of higher education4. Workplace readiness training to develop social skills and independent
living5. Instruction in self-advocacy, which may include peer mentoring
Activities can be provided in groups or individually
Targeted and Intensive Technical Assistance for Pre-ETS
Presenter
Presentation Notes
Targeted TA The following 27 states listed by abbreviation have received Targeted TA related to pre-employment transition services: WA, ID, WY, CO, ND, SD, NE, TX, OK, MO, AR, WI, MI, TN, AL, GA, SC, WV, PA, NY, VT, NH, ME, NJ, MA, PR, and GU. Intensive TA There are 23 States/Territories listed by abbreviation that have developed an ITA Agreement to include pre-employment transition services: AK, HI, CA NV, UT, AZ, MT, MN, IA, IN, KY, MS, LA, FL, NC, VA, MD, DE, CT, RI, AS, VI, and CNMI. Common ITA Pre-ETS Activities While individualized based upon the unique needs of the State VR Agency, the most common pre-employment transition service activities include: Develop statewide capacity for the five required pre-employment transition services activities to all students with disabilities who need them, including those potentially eligible students with disabilities. Develop effective policies/procedures, and written processes to include internal controls for the proper reservation and expenditure of pre-employment transition services reserve funds; including proper tracking and reporting of pre-employment transition services to eligible and potentially eligible students with disabilities. Ensure the agency has reserved and expended the minimum 15% of Federal funds on allowable expenditures for pre-employment transition services (required, coordination, and authorized activities); to include fiscal forecasting and assessment of need. Update and complete the formal interagency agreement with the State Education Agency (SEA) to include the required elements as outlined in WIOA. Provision of training regarding pre-employment transition services in accordance with Section 113 of the Act as amended by WIOA, and the VR agency’s updated policies and procedures to VR field staff, providers, and/or stakeholders. Desired Outcomes/Impact Eligible and potentially eligible students with disabilities in need of pre-employment transition services will have access to the five required services. 100% of the 15% Pre-ETS reserve funds will be expended on the required, coordination, and/or authorized services. An increase in the number of students and youth with disabilities that apply for VR services as a result of receiving pre-employment transition services. An increase in the number of students and youth with disabilities that achieve competitive integrated employment outcomes.
How do students perform during and after high school that impact long-term
outcomes?Alignment of IDEA Part B, Indicator 14 with the WIOA definition of "competitive integrated employment" as required for the 2020 data submission.
Presenter
Presentation Notes
this is an OSEP requirement; however, states need to better understand the WIOA requirements. Vocational Rehabilitation (VR) & IDEA Performance Indicators Aligned: Post-school outcomes for students with disabilities are impacted by many partners, including VR and Education. The Workforce Innovation and Opportunity Act (WIOA) and Individuals with Disabilities Act (IDEA) require VR and Education agencies to collect data and report on results-driven outcome data. These agencies can support student outcomes and improve agency performance by understanding how they align, the potential impact on shared student data, timelines and priorities. #14-Percent of youth who are no longer in secondary school, had IEPs in effect at the time they left school and were: A. Enrolled in higher education within one year of leaving high school. B. Enrolled in higher education or competitively employed within one year of leaving high school. C. Enrolled in higher education or in some other postsecondary education or training program; or competitively employed or in some other employment within one year of leaving high school. Strategic planning considerations for VR and Education in supporting student outcomes and improving agency performance: Do both agencies understand how the performance indicators support each other’s goals? What documentation requirements are needed to verify outcomes for each program? How can the partner agency help support these documentation requirements? Do local practices support shared cases and common outcomes? Where is cross-training needed? How can each agency help their partners achieve their outlined outcomes? What systems or processes need to change in order to support these shared outcomes? How can agencies help with continued engagement in order to increase response rates and ability to gather long-term outcome data?
• Accessing Students• ED & VR collaboration• Need to increase capacity in the state for pre-ets provision• Difficulty spending the 15% reserve funds on “allowable” costs• Difficulty tracking and reporting Pre-ETS students and expenditures
Presenter
Presentation Notes
Identifying Students with Disabilities /Outreach to Students and Families /Accessing Students/determining who can provide services to students credentials and clearance /Timing - In School or After school ED & VR Who pays for what Sharing of information The agreement between the SEA and VR Not supplanting services (new or expanded services) Engaging Education:
What effective strategies have you used to develop Pre-ETS services in collaboration with VR or other organizations in your state?
What challenges are you experiencing in implementing Pre-ETS & Section 511in your states?
19
Group Discussion Question
Pre-Employment Transition Services –Quality Assurance and Outcomes
• Pre and Post Tests for students• Outcomes Measure Examples for the 5 required Pre-ETS• Tracking and Reporting• Case Review Indicators
• Documentation • Need for Pre-ETS• Provision of Service
Pre-Employment Transition Services –Measuring Impact Short Term
Eligible and potentially eligible students with disabilities in need of pre-employment transition services will have access to the five required services.
100% of the 15% Pre-ETS reserve funds will be expended on the required, coordination, and/or authorized services.
Presenter
Presentation Notes
100% of the currently identified in state eligible or potentially eligible students with disabilities in need of Pre-ETS services will have access to the required services -The VR program provided pre-employment transition services to (xx number) students with disabilities in 2017 according to their case management system. This number represents (xx)% of the XX total potentially eligible students with disabilities in the State as identified by the State Department of Education. Although only XX% of the total directly received one or more of the required services, they estimate XX% of the total number of students with disabilities has access to the five required services if they need them at this time. This data was taken from their analysis of the ways they currently provide the required services and the modes and formats available for students to access the services. The total percentage of XX% and the total number of students with disabilities that received pre-ETS services in 2017 (xx number), will act as the baseline number for this outcome measure in subsequent years. Each year, the number and rate of individuals for which Pre-ETS services are available will be compared to the total number that are in need of these services. This information will be captured and reported annually utilizing data from the VR case management pre-employment transition services tracking system, Special Education records from the DOE, and the fiscal forecasting conducted by the VR agency, in partnership with the WINTAC. How Output or Impact will be Measured: The total amount of the minimum 15% Federal reserve for the VR agency in 2017 was $XXX which will serve as the baseline for 2017 expenditures. The total expenditures reported on the SF 425 for pre-employment transition services will equal at least the baseline amount identified as the minimum reserve requirement. This will be identified by the VR agency through their procurement and accounting system, and measured as a percentage of the total Federal allotment annually.
Pre-Employment Transition Services –Measuring Impact Long Term
An increase in the number of students and youth with disabilities that achieve competitive integrated employment outcomes.How Output or Impact will be Measured: EXAMPLE
• The total number of individuals aged 14-24 that exit VR as successfully rehabilitated will be obtained from the case management system after the end of each fiscal year. For 2017, this number was XXX. This number will act as the baseline for this outcome, and will be compared from one year to the next and the increase or decrease will be expressed as a percentage of the year before.
Presenter
Presentation Notes
An increase of at least XX% per year of youth with disabilities that achieve competitive employment outcomes.
How are you measuring the impact of Pre-ETS in your districts/states?
23
Group Discussion Question
Section 511 Data as of January 2018 Emerging Trends
Compared to January 2016 Wage and Hour report:
• 580 fewer CRP employers have an active 14c certificate• Reasons given:
• decided to pay employees minimum wage • stopped doing work of any kind and have just gone to a day program structure• reduction in work hours & paying minimum wage
• 96,745 fewer individuals reported as working in SMW work • Major reduction • In process of obtaining clean data set to determine why
Presenter
Presentation Notes
The Wage and Hour Division of DOL has been publishing a list of 14c holders by community rehabilitation program (CRPs) approximately every six months. The most recent list was published as of January 2018. When the January 2018 list is compared to the January 2016 list (a 14c certificate is valid for two years), some very clear trends emerge: •The reduction in 14c certificate holders reduced by 580. This means that there were 580 fewer CRP employers that have an active 14c certificate that allows them to pay individuals less than minimum wage. Many of these certificates expired and were not renewed for whatever reason. We are in the process of contacting these employers to find out why they let their certificate lapse and did not renew. We have a very long way to go until we reach enough to know for sure what is going on, but here are the major reasons we have come across so far: 1.They have just decided to pay employees minimum wage since the requirements for Section 511 are a burden and they don’t want to deal with the demands of the law 2.They have stopped doing work of any kind and have just gone to a day program structure where they don’t do any real or contracted work 3.They reduced the number of hours that people work and are just paying minimum wage for the work performed – like number 1, but a reduction in work hours. We know from the January 2018 Wage and Hour report that there are 96,745 fewer individuals reported as working in SMW work since January 2016. When an employer requests a 14c certificate, they must identify the individuals working in SMW at the time of the application for the certificate. The total number of individuals identified in the 14c certificate applications reduce by over 96,000 from January 2016 to January 2018. Although the data is clearly off in some States, the trend is very clear. There is a major reduction, and the key is to get as clean a data set as possible and find out why the reduction is occurring. We are in the process of doing this now, but it will take at least another year.
