Disability Program Navigator Initiative s2

DEI Project Lead’s December 2016 SUMMARY: Bi-monthly Administrative Web Conference

Disability Employment Initiative (DEI)

Project Lead’s Administrative Web Conference December 13, 2016 (next call: February 14, 2017)

Facilitator: Laura Gleneck NDI Technical Assistance Team NDI Consulting, Inc.

The following represents a summary of the administrative meeting for the Project Leads that was held on Tuesday, December 13, 2016. The web conference participants included representatives from the Department of Labor (DOL) National DEI Program Office (Employment and Training Administration--ETA and Office of Disability Employment Policy--ODEP) and Regional Offices (Federal Project Officers--FPOs); state-level representatives from the Disability Employment Initiative (DEI) projects; staff from the NDI Technical Assistance Team (NDI team) and Social Dynamics and Partners, the DEI evaluation team.

REMINDERS / NEW INFORMATION

1. February Bi-Monthly DEI Administrative Web Conference February 14, 2017 2:00 – 3:30 PM Eastern Time

The national DEI Program Office holds mandatory bi-monthly administrative meetings the second Tuesday of every other month from 2:00 – 3:30 PM ET. The proposed schedule for 2017 is listed below (dates/times will be adjusted on a month by month basis as needed).

2017 Schedule:  February 14, 2017  April 11, 2017  June 13, 2017  August 8, 2017  October 10, 2017  December 12, 2017

1 All web conferences are scheduled to begin at 2:00 PM using Eastern Time. Please ensure that someone from your project is represented on these meetings. An e-mail reminder with the agenda and logistical information will be disseminated prior to the scheduled date.

2. New Information

Announcing the publication and effective date of the Section 188 WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38) Final Rule in the Federal Register US Department of Labor Employment and Training Administration Training and Employment Notice Number 20-16 / December 2, 2016 https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7195 The purpose of this training and employment notice is to announce the publication and effective date of the Section 188 WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38) Final Rule in the Federal Register on December 2, 2016, effective January 3, 2017.

Go to the US Department of Labor Civil Rights Center to learn more including a fact sheet and answers to frequently asked questions.

Webinar Archive: CRC Updates Section 188 WIOA Equal Opportunity Regulations WorkforceGPS https://ion.workforcegps.org/sitecore/content/global/events/2016/12/02/13/41/CR C-Updates-Section-188-WIOA-Equal-Opportunity-Regulations-29-CFR-Part-38 The U.S. Department of Labor’s Civil Rights Center (CRC) published a final rule updating the Section 188 Nondiscrimination and Equal Opportunity Regulations required by the Workforce Innovation and Opportunity Act (WIOA). These regulations govern WIOA Title I–financially assisted programs and activities. For this webinar, CRC Director Naomi Barry-Perez, Employment and Training Administration’s Deputy Assistant Secretary Gerri Fiala, and Office of Disability Employment Policy’s Deputy Assistant Secretary Jennifer Sheehy discussed the final rule.

3. Information and Resources on the Workforce Innovation and Opportunity Act (WIOA) ETA has been providing ongoing webinars and guidance on WIOA. Please regularly check to keep up-to-date: o DOL's WIOA web page and the WorkforceGPS Innovation and Opportunity Network Community of Practice

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DEI Guest Presentation: introduction to Protection and Advocacy Systems

2 During the bi-monthly DEI Project Lead's meeting, ETA and ODEP share information on connecting with national priorities and initiatives relevant to the DEI. For ETA’s presentation, Clare Huerta, Administration for Community Living, will provide an introduction to the Protection and Advocacy Systems.

Guest Presenter:

Clare B. Huerta, J.D. Program Specialist – P&A Programs Administration for Community Living [email protected]

The DEI Project Lead’s bi-monthly meetings are hosted via NDI’s Webex platform. This will allow the presentation and discussions to be recorded and archived. The summary document includes the link to the webinar archive and will highlight any key areas of discussion and resources. A copy of the unedited transcript is available upon request.

Guest Presentation Highlights and Group Discussion David Jones, national DEI Program Office, introduced the guest presentation topic and presenter sharing that prior to his current role, he worked for the US Department of Education where he oversaw the Protection and Advocacy program. He wanted to introduce this topic because it relates to the work of the DEI. Clare Huerta is a lead program specialist for the P&A System and serves within the Administration for Community Living, at the US Department of Health and Human Services. Several DEI projects are collaborating are already collaborating in the field with their state P&A program, for example, in Iowa, the DEI project collaborated with Disability Rights Iowa on co-presenting on different projects related to asset development and have also been in joint local leadership meetings. Mr. Jones encouraged DEI projects to think and reflect on how their local P&A can be of support to the work they do.

Ms. Huerta shared that she was excited for this opportunity to build collaborations and connections between the P&A agencies and others who are helping to support the full integration inclusion of individuals with disabilities. P&As can work with Disability Resource Coordinators to help ensure that everyone has the full opportunity to engage in integrated employment and full community participation.

Protection and Advocacy Systems P&As provide services to individuals with disabilities based on the identification of goals and priorities based on public input. Activities include:  The protection and advocacy of legal and human rights  Information and referral  Investigation of complaints of violations of rights of individuals with developmental disabilities  Working to resolve complaints through mediation, alternative dispute resolution and litigation

3 There is a network of 57 P&As: one in every state and US territory plus a Native American P&A currently focused on the southwest area. They conduct their work through:  Training people about their legal and human rights  Educating others about the rights of individuals with developmental disabilities  Investigating complaints of violations of rights  Advocating through negotiation, mediation, alternative dispute resolution, and litigation  Referring to other agencies (state, Federal, local)

P&A Programs There are eight separate P&A programs (or forms of federal funding), four of which are administered by Ms. Huerta’s office (AIDD). The PowerPoint presentation provides additional details on these programs.  Protection and Advocacy for Individuals with Developmental Disabilities (PADD) – AIDD funding: is the first P&A program, created by the Developmental Disabilities Assistance and Bill of Rights (DD) Act of 1975. It is the major source of funding for most P&As.  Protection and Advocacy for Assistive Technology (PAAT) – AIDD funding: uses the network of protection and advocacy organizations to increase access to assistive technology for people with disabilities.  Protection and Advocacy for Traumatic Brain Injury (PATBI) – AIDD funding: was created to provide protection and advocacy services to individuals with traumatic brain injury.  Protection and Advocacy for Voters Access (PAVA) – AIDD funding: P&As have a mandate to help ensure that individuals with disabilities participate in the electoral process through voter education, training of poll officials, registration drives, and polling place accessibility surveys. P&A agencies may not use PAVA program funds for litigation. There is no such restriction in any of the other P&A programs.  Protection and Advocacy for Individuals with Mental Illness (PAIMI) – Substance Abuse and Mental Health Services Admin funding: P&As are mandated to protect and advocate for the rights of people with mental illness and investigate reports of abuse and neglect in facilities that care for or treat individuals with mental illness. The Act was subsequently amended to allow P&As also to serve individuals with mental illness who reside in the community.  Protection and Advocacy of Individual Rights (PAIR) -- Department of Education RSA funding: provide for services to persons with disabilities who are not eligible for services under the three previously established P&A programs (PADD, PAIMI, and CAP).  Protection and Advocacy for Beneficiaries of Social Security (PABSS) – SSA funding: provide advocacy and other services to assist beneficiaries of Social Security secure or regain gainful employment.  Client Assistance Program (CAP): assistance in pursuing administrative, legal and other appropriate remedies to persons receiving or seeking services from state rehabilitation agencies under the Rehab Act. A CAP agency may provide 4 assistance and advocacy with respect to services that are directly related to employment for the client or client applicant. CAP is the only program that does not require the funds to go to the entity designated as the P&A under PADD.

P&As Priorities - Employment P&As choose priorities in the following areas of emphasis: employment, housing, early intervention and education, safety, health, child care, recreation, transportation, quality assurance, and formal and informal community supports.

In 2015, 26 P&As reported work on employment-related initiatives to include:  Direct Representation to ensure appropriate transition services for students from school to post-school activities including continuing education and employment  Outreach and training to increase the number of persons with disabilities engaging in competitive employment  Employment First: training, information and referral  Surveys of group home residents about employment goals  Partnerships in Employment Grants

Partnerships in Employment Grants National transition systems change project whose purpose is to identify, develop, and promote policies and practices to improve transition, post-secondary and competitive employment outcomes for individuals with intellectual and developmental disabilities. A link to learn more is included under Key Resources, grantees include: AK CA, IA, MO, MS, NY, TN, WI. Ms. Huerta encouraged grantees to check out the website, which includes several reports on collaborations that could be modeled in a state without this grant.

Group Discussion Alan Gallagher, New York DEI, shared that the project connected with their state P&A through the State Rehab Council and had one of the representatives participate on a couple of the DRC monthly conference calls to talk about their work and ways that the P&A can support the DEI project and workforce system. David Jones, national DEI Program Office, shared that the state P&A would be a wonderful partner to conduct cross training because of the shared mission of increasing disability awareness, as well as helping to provide education and advocacy. Mr. Jones encouraged projects to identify their state P&A to make a connection if it does not already exist.

Guest Presentation Key Links and Resources

December 2016 Guest Presentation Webinar Archive Link https://ndi.webex.com/ndi/lsr.php?RCID=388e9593e38380e96777fbc596624d4c a. Guest Presentation PowerPoint: Introduction to Protection and Advocacy System b. Administration for Community Living, US Department of Health and Human Services https://acl.gov/Programs/AIDD/Programs/PA/index.aspx

5 Protection and Advocacy Systems (P&As) work at the state level to protect individuals with developmental disabilities by empowering them and advocating on their behalf. There are 57 P&As in the United States and its territories, and each is independent of service-providing agencies within their states.

Along with the other Administration on Intellectual and Developmental Disabilities grantees, P&As are dedicated to the ongoing fight for the personal and civil rights of individuals with developmental disabilities. P&As provide legal support to traditionally unserved or underserved populations to help them navigate the legal system to achieve resolution and encourage systems change. P&As ensure that individuals with disabilities are able to exercise their rights to make choices, contribute to society and live independently.  State P&A Program Contacts: https://acl.gov/Programs/AIDD/Programs/PA/Contacts.aspx  Other P&A Program Resources: https://acl.gov/Programs/AIDD/Program_Resource_Search/Results_PA.aspx c. Partnerships in in Employment Grants http://partnershipsinemployment.com/ National transition systems change project whose purpose is to identify, develop, and promote policies and practices to improve transition, post-secondary and competitive employment outcomes for individuals with intellectual and developmental disabilities. Grantees: AK CA, IA, MO, MS, NY, TN, WI d. National Disability Rights Network http://ndrn.org/ The National Disability Rights Network (NDRN) works to improve the lives of people with disabilities by guarding against abuse; advocating for basic rights; and ensuring accountability in health care, education, employment, housing, transportation, and within the juvenile and criminal justice systems. NDRN is the nonprofit membership organization for the federally mandated Protection and Advocacy Systems and the Client Assistance Programs for individuals with disabilities. Collectively, the Network is the largest provider of legally based advocacy services to people with disabilities in the United States.

Updates from the National DEI Program Office  Employment and Training Administration: Mr. Jones provided a gentle reminder as it relates to grantee requirements that projects are asked to work with both the DEI Evaluation provider (Social Dynamics) and Technical Assistance Provider (National Disability Institute) as a requirement of receiving the grant fund. These contractors work closely with the national DEI Program Office and serve the eyes and ears to the field. He also shared information on the release of the Section 188 regulations (more details and a link can be found under “New Information”). The Civil Rights Center will be providing training around this new guidance [a weblink was shared post the meeting and prior to the release of this summary and is included under new information to access the archive.] The new state plans will soon be publically available and Mr. Jones encouraged grantees to review these plans to learn more about how the DEI aligns and can help support and augment

6 state activities. He ended by extending well wishes for a wonderful holiday and thanking the grantees for their continued hard work and for helping to build the capacity of the workforce system to be more inclusive of individuals with disabilities.  Office of Disability Employment Policy: Rhonda Basha and Chris Button also extended their holiday wishes and appreciation for the work of the grantees. Ms. Button also shared that the Employment First meeting that had been shared on previous calls has been scheduled to take place in March and that the LEAD Center will be launching a series of webinars related to the final Section 188 regs and grantees will be provided with more details in the near future.

Updates on the DEI Evaluation Process Doug Klayman, DEI Evaluation team, shared that the team is completing a report that highlights the work of the Round 1 through 3 DEI grantees that twill focus on quantitative outcomes (employment, retention and earnings) that will be available in the new year. As soon as the team receives clearance, they will be moving forward with site visits and will work closely with the grantees around plans. For data security and efficiency, comparative (experimental) sites will use a computer assisted approach to collect information. Respondents will have a telephone option as well but this approach will allow respondents to provide consent online and take a survey through an Internet portal or telephone optionally without assistance.

The team is also working with projects who are granted No Cost Extensions (NCE) on extending the date of data collection. Round IV projects that will receive an NCE and have not touched base with the DEI Evaluation team should do so to set something up to ensure they are able to upload data throughout the extended period.