DOCSLIB.ORG

Federal Register/Vol. 80, No. 73/Thursday, April 16, 2015

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Federal Register/Vol. 80, No. 73/Thursday, April 16, 2015 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Proposed Rules 21059 DEPARTMENT OF EDUCATION www.regulations.gov. Therefore, State Vocational Rehabilitation commenters should be careful to Services Program 34 CFR Parts 361, 363, and 397 include in their comments only People with disabilities represent a RIN 1820–AB70 information that they wish to make vital and integral part of our society, publicly available. [Docket ID ED–2015–OSERS–OOO1] and we are committed to ensuring that FOR FURTHER INFORMATION CONTACT: individuals with disabilities have State Vocational Rehabilitation Janet LaBreck, U.S. Department of opportunities to compete for and enjoy Services Program; State Supported Education, 400 Maryland Avenue SW., high quality employment in the 21st Employment Services Program; Room 5086, PCP, Washington, DC century global economy. Some Limitations on Use of Subminimum 20202–2800. Telephone: (202) 245–7488 individuals with disabilities face Wage or by email: [email protected]. particular barriers to high quality If you use a telecommunications employment. Giving workers with AGENCY: Office of Special Education and device for the deaf (TDD) or a text disabilities the supports and the Rehabilitative Services, Department of opportunity to acquire the skills that Education. telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– they need to pursue in-demand jobs and ACTION: Notice of proposed rulemaking. 8339. careers is critical to growing our economy, ensuring that everyone who SUMMARY: The Secretary proposes to SUPPLEMENTARY INFORMATION: works hard is rewarded, and building a amend the regulations governing the strong middle class. To help achieve Executive Summary State Vocational Rehabilitation Services this priority for individuals with program and the State Supported Purpose of This Regulatory Action: disabilities, the Rehabilitation Act of Employment Services program in order The Secretary proposes to amend the 1973, as amended by WIOA, seeks to to implement changes to the regulations governing the State empower individuals with disabilities Rehabilitation Act of 1973, as amended Vocational Rehabilitation Services to maximize employment, economic by the Workforce Innovation and program (VR program) (34 CFR part 361) self-sufficiency, independence, and Opportunity Act (WIOA) enacted on and State Supported Employment inclusion and integration into society. July 22, 2014. The Secretary also Services program) (Supported The VR program is authorized by title proposes to update, clarify, and improve Employment program) (34 CFR part I of the Act, as amended by WIOA (29 the current regulations. 363), administered by the Rehabilitation U.S.C. 720 et seq.), to provide support Finally, the Secretary proposes to Services Administration (RSA), to to each State to assist in operating a issue new regulations regarding implement changes to the Act made by statewide comprehensive, coordinated, limitations on the use of subminimum WIOA (P.L. 113–128), enacted on July effective, efficient, and accountable wages that are added by WIOA and 22, 2014. In so doing, the Secretary also State program as an integral part of a under the purview of the Department. proposes to update and clarify current statewide workforce development DATES: We must receive your comments regulations to improve program system; and to assess, plan, and provide on or before June 15, 2015. function. Finally, the Secretary proposes vocational rehabilitation (VR) services ADDRESSES: Submit your comments to promulgate regulations in 34 CFR to individuals with disabilities so that through the Federal eRulemaking Portal part 397 that implement the limitations those individuals may prepare for and or via postal mail, commercial delivery, on the payment of subminimum wages engage in competitive integrated or hand delivery. We will not accept to individuals with disabilities in employment consistent with their comments submitted by fax or by email section 511 of the Act that fall under the unique strengths, priorities, concerns, or those submitted after the comment purview of the Secretary. abilities, capabilities, interests, and informed choice. The Department last period. To ensure that we do not receive For a more detailed description of the published regulations for this program duplicate copies, please submit your purpose of these proposed regulatory in part 361 on January 17, 2001 (66 FR comments only once. In addition, please actions, see the Background section in 4382), to implement amendments made include the Docket ID at the top of your this notice of proposed rulemaking by the Workforce Investment Act of comments. (NPRM). • Federal eRulemaking Portal: Go to 1998. www.regulations.gov to submit your Summary of the Major Provisions of WIOA makes significant changes to comments electronically. Information This Regulatory Action: We summarize title I of the Act that affect the VR on using Regulations.gov, including here those proposed regulatory changes program. First, WIOA strengthens the instructions for accessing agency needed to implement the amendments alignment of the VR program with other documents, submitting comments, and to the Act made by WIOA. Under the components of the workforce viewing the docket, is available on the Proposed Changes section of this development system by imposing site under ‘‘Are you new to the site?’’ NPRM, we provide a more complete unified strategic planning requirements, • Postal Mail, Commercial Delivery, summary of these changes and a common performance accountability or Hand Delivery: If you mail or deliver detailed description of the substantive measures, and requirements governing your comments about these proposed proposed regulations for each part in the the one-stop delivery system. This regulations, address them to Janet order it appears in the Code of Federal alignment brings together entities LaBreck, U.S. Department of Education, Regulations (CFR). We also describe in responsible for administering separate 400 Maryland Avenue SW., Room 5086, detail under the Proposed Changes workforce and employment, Potomac Center Plaza (PCP), section the amendments to each part to educational, and other human resource Washington, DC 20202–2800. update, clarify, and improve the programs and funding streams to Privacy Note: The Department’s regulations. collaborate in the creation of a seamless policy is to make all comments received The Secretary proposes to implement custom-focused service delivery from members of the public available for the following changes to the VR network that integrates service delivery public viewing in their entirety on the program and Supported Employment across programs, enhances access to the Federal eRulemaking Portal at program made by WIOA. program’s services, and improves long- VerDate Sep<11>2014 23:53 Apr 15, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4701 Sfmt 4702 E:\FR\FM\16APP6.SGM 16APP6 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 21060 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Proposed Rules term employment outcomes for As a result, we propose to amend part disabilities. All of the proposed changes individuals receiving assistance. In so 361 throughout to emphasize the key demonstrate the continuum of services doing, WIOA places heightened role that the VR program plays in available to students and youth with emphasis on coordination and employment outcomes and preparing disabilities under the VR program to collaboration at the Federal, State, and individuals with disabilities to achieve maximize their potential to transition local levels to ensure a streamlined and competitive integrated employment in from school to postsecondary education coordinated service delivery system for the community. We propose, among and employment. other things, to amend the definition of job-seekers, including those with Supported Employment Program disabilities, and employers. Therefore, ‘‘employment outcome’’ to include only the Departments of Education and Labor those outcomes in competitive WIOA makes several significant propose to issue a joint NPRM to integrated employment or supported changes to title VI of the Act, which implement jointly administered employment, thereby eliminating governs the Supported Employment activities under title I of WIOA (e.g., uncompensated employment from the program. All of the amendments to title those related to Unified or Combined scope of employment outcomes for VI are consistent with those made State Plans, performance accountability, purposes of the VR program. We also throughout the Act, namely to maximize and the one-stop delivery system), propose to amend numerous other the potential of individuals with applicable to the workforce provisions throughout part 361 to disabilities, especially those with the development system’s core programs address the expansion of available most significant disabilities, to achieve (Adult, Dislocated Worker and Youth services, requirements related to the competitive integrated employment and programs; Adult Education and Literacy development of the individualized plan to expand services for youth with the programs; Wagner-Peyser Employment for employment, and order of selection most significant disabilities. First, WIOA amends the definition of Service program and the Vocational for services, all of which are intended to ‘‘supported employment’’ to make clear Rehabilitation program). These joint maximize the potential for individuals that supported employment outcomes proposed
Load more

Recommended publications
  • Employing People with Disabilities: Lessons from Kessler Foundation’S Signature Employment Grants
    Employing People with Disabilities: Lessons from Kessler Foundation’s Signature Employment Grants A White Paper For Professionals in Grant making, Workforce Development, Disability Employment, and Human Resources July 2018 Table of Contents Abstract . 3 Executive Summary . 4 Introduction . 6 Overview of Signature Employment Grants program . 8 Findings . 9 Seek to change attitudes about people with disabilities . 10 Implement a person-centered approach to employment . 13 Develop technological platforms or model documentation for replication . 17 Build strong community partnerships . 20 Offer wraparound services . 23 Conclusion . 26 Glossary . 27 Table 1: Grants reviewed by program category . .. 29 Table 2: Organizational elements of success . 30 References . 31 Appendix I . 33 Appendix II . 37 Appendix III . 40 Kessler Foundation SE Program | White Paper 2 | Page Abstract Since 2004, Kessler Foundation has provided more than $41 .5 million in support initiatives that expand opportunities for people with disabilities . This White Paper assesses the diverse grants supported under the Foundation’s Signature Employment Grant (SEG) program from 2009-2015 . The SEG program funds pilot initiatives, demonstration projects, and social ventures that generate new models to address the employment gap between people with and without disabilities . Based on the independent external evaluations of more than 20 SE grants by experts at the John J . Heldrich Center for Workforce Development at Rutgers University, five strategic elements were identified as common to successful projects . The paper details illustrative examples of the contributions of these elements to the success of selected SE grantees, namely, 1) A focus on changing attitudes about people with disabilities and their ability to work, 2) A person-centered approach to employment, 3) Technological platforms or model documentation, 4) Strong community partnerships, and 5) Wraparound services .
    [Show full text]
  • The Shift from Sheltered Workshops to Competitive Integrated Employment Table of Contents
    THETHE GREATGREAT DEBATEDEBATE THE SHIFT FROM SHELTERED WORKSHOPS TO COMPETITIVE INTEGRATED EMPLOYMENT TABLE OF CONTENTS 1 HISTORY .......................................................................................... 1 2 ARGUMENTS SUPPORTING SHELTERED WORKSHOPS ........... 3 3 A PARENT’S PERSPECTIVE ............................................................ 9 4 WHY IS THE MOVE IMPORTANT? ............................................... 11 5 TIMELINE ....................................................................................... 12 6 COMMON ACROYNMS ............................................................... 14 7 COMMON TERMS DEFINED ........................................................ 15 8 RESOURCES .................................................................................. 18 9 REFERENCES ................................................................................ 20 THIS PUBLICATION WAS DEVELOPED BY THE IOWA DEPARTMENT OF HUMAN RIGHTS WITH INPUT FROM MANY PARTNERS INCLUDING: Photo from: dhhs.alaska.gov erhaps now more than ever there is opportunity and pressure to ensure that all individuals with disabilities have equal access to COMPETITIVE INTEGRATED EMPLOYMENT (CIE) opportunities Pin their communities. Understanding the history of sheltered workshops in America and the reasons people believe they are valuable and necessary is imperative to finding an effective approach that leads to competitive integrated employment for all people. This publication was created by the Iowa Department of Human Rights
    [Show full text]
  • British Association for Supported Employment |
    A Review of the Research Literature on Supported Employment: A Report for the cross-Government learning disability employment strategy team Dr. Stephen Beyer Welsh Centre for Learning Disabilities School of Medicine Cardiff University Dr. Carol Robinson Carol Robinson Consulting June 2009 1 CONTENTS Page Number INTRODUCTION 5-9 REVIEW OF THE EVIDENCE 10-64 Demonstrating that people with a learning disability can learn complex work tasks 10 Characteristics of people entering supported employment 11 The role of volunteering and work experience 12-13 An overview of the outcomes of supported employment 13-20 • The place of Supported Employment in the USA 15-16 • Job Retention 16-17 • Reasons for job loss 17 • Wage rates 18 • Social integration and interaction 19-21 Support for working 22-26 • Learning social skills 21-23 • Support in the job 23-24 • Natural support approaches 24-25 • Job coach tasks and training 25-26 Personal outcomes for employees 27-29 • Self esteem and satisfaction 26-27 • Engagement in meaningful activity 27-28 • Quality of Life 28-29 Employer attitudes to people with a learning disability 29-30 working 2 Contents Continued Page Number Cost: Benefit Analyses of Supported Employment 29-39 • Introduction 29-30 • American studies 31-36 • UK studies 36-39 The Impact of funding models 40-42 • Results based funding 40-41 • The Use of Personalised Budgets 41-42 The relationship between approaches to Supported Employment and outcomes 42-45 • The role of fidelity scales 42-43 • Customised employment 43-44 • Factors for success
    [Show full text]
  • Practical Issues in Implementing Supported Employment with Young Adults: the Perspective of Employment Specialists
    Practical Issues in Implementing Supported Employment with Young Adults: The perspective of Employment Specialists Charles W. Lidz, Ph.D. Lisa M. Smith, B.A. The contents of this presentation were developed with funding from the US Department of Education, National Institute on Disability and Rehabilitation Research, and the Center for Mental Health Services, Substance Abuse and Mental Health Services Administration (NIDRR grant H133B090018) Employment and Young Adults: Goals • Supported Employment (SE) developed to provide employment for chronically mentally ill people, often subsequent to long-term state hospital stays • typically episodic, part-time, and entry level • Many young adults with Mental Illness (MI) seek full- time, significant employment careers. Our services should encourage those goals. Questions the Study Addresses How does the employment market for young adults differ from the employment market for older people with a history of chronic mental health conditions? What are the barriers to full-time employment in career advancing jobs for young adults with serious mental health conditions (SMHCs)? How might employment programs be improved to facilitate young adult careers? IPS and Young Adult Careers The Evidence-based Practice in employment for people with MI is Individual Placement and Support (IPS). Key Features are (will discuss): 1. Open to anyone who wants to work 2. Focus on competitive employment 3. Rapid job search 4. Systematic job development 5. Client preferences guide decisions 6. Individualized long-term supports 7. Integrated with treatment 8. Benefits counseling included Methods Intensive semi-structured interviews with: •10 employers who have employed people with MI •10 employment specialists (became 12) •10 people with MI who have gained full- time employment and gave up Social Security Insurance or Social Security Disability Insurance payments o Up to one hour long o In person/telephone This report focuses on employment specialist interviews.
    [Show full text]
  • And Subminimum Wage
    ASSOCIATION OF PEOPLE SUPPORTING EMPLOYMENT FIRST (APSE) CALL TO PHASE OUT 14(c) AND SUB-MINIMUM WAGE BY 2022* As the only national, non-profit membership organization dedicated to Employment First – a vision that all people with disabilities have a right to competitive employment in an inclusive workforce – APSE is calling for the complete phase out of the use of 14(c) certificates and sub-minimum wage for all individuals with disabilities by 2022. This coincides with the implementation deadline for the Medicaid Home and Community Based Services (HCBS) settings final rule. While the sub-minimum wage may have historically been a valid and effective strategy for enhancing employment opportunities for people with disabilities, the evolution in disability rights law, modernization of the business marketplace, and advances in available community employment support, makes the 14(c) provision under the Fair Labor and Standards Act no longer necessary or acceptable. In 2009, APSE became one of the first advocacy organizations to call for the phase out of sub-minimum wage for people with disabilities, under Section 14(c) of the Fair Labor Standards Act. Since then the issue has gained significant momentum, APSE has garnered support from other advocacy organizations, federal officials, agencies, members of Congress, and several states that have either ended sub- minimum wage altogether or they are currently considering doing so. APSE is proud to serve as a pioneer on this issue along with so many other voices in this fight. Additionally, in the 10 years since APSE’s original statement, considerable progress has been made towards increasing competitive, integrated employment of people with disabilities and decreasing the number of individuals being paid sub-minimum wage.
    [Show full text]
  • Best Practices Guide: IDD Supported Employment
    Best Practices Guide: IDD Supported Employment Cardinal Innovations Healthcare Best Practices Guide: IDD Supported Employment Table of Contents Introduction ........................................................................................................................................................3 Employment in Disabilities ...................................................................................................................................4 Readiness Issue/Determining Readiness ...............................................................................................................5 Role of the Job Coach ...........................................................................................................................................6 Initial Supported Employment-Individual services may include any of the following: ............................................ 6 Long-Term Follow-Along Supported Employment-Individual services include: ....................................................... 9 Comparison to and Integration with Other Services ............................................................................................ 10 Age Group Learning and Life Stage Considerations .............................................................................................. 11 The Role of Contextual Influences ...................................................................................................................... 12 Addressing Behavioral Needs in Supported Employment ...................................................................................
    [Show full text]
  • Resources and Informational Websites to Assist Deaf and Hard Of
    Resources and Informational Websites to Assist Students who are Deaf or Hard of Hearing in Achieving Positive Postsecondary Outcomes Alexander Graham Bell Association for the Deaf and Hard of Hearing (AG Bell) Working globally to ensure that people who are deaf and hard of hearing can hear and talk. This organization wants all families to be informed and supported, professionals to be appropriately qualified to teach and help children with hearing loss, public policy leaders to effectively address the needs of people with hearing loss, and communities to be empowered to help their neighbors with hearing loss succeed. Specific to transition, its LOFT Program (Leadership Opportunities for Teens) focuses on self- advocacy, self-confidence, leadership, and communication. (Under "Connect" on website.) American Speech-Language-Hearing Association (ASHA) Making effective communication, a human right, accessible and achievable for all. Information about health insurance and finding a professional. Cochlear Implant University (CIU) Resources for high school and college students with cochlear implants transitioning from high school to college. (May be used for those with hearing aids.) Community-Based Instruction (CBI) Community-Based Instruction is an evidence-based practice that involves the use of sustained and repeated instructional activities that take place in various natural community environments outside of the school building in order to facilitate skill development and generalization in employment, community activities (e.g. shopping, banking, post office use) and recreation while addressing the New Jersey Student Learning Standards. In partnership with the NJ Department of Education, Office of Special Education, the Boggs Center at Rutgers provides training and on-site technical assistance on the topic of CBI for participating NJ school districts.
    [Show full text]
  • Supported Employment Through DOR: Eligibility & Scope of Services Fact
    California’s Protection & Advocacy System Toll-Free (800) 776-5746 Supported Employment through DOR: Eligibility & Scope of Services Fact Sheet January 2016, Pub. #5581.01 1. What is supported employment? Under California state regulatory law that governs vocational rehabilitation services funded through the Department of Rehabilitation (DOR), supported employment means: “competitive employment in an integrated setting, or employment in integrated work settings in which individuals are working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals, with ongoing support services for individuals with the most significant disabilities…for whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and who, because of the nature and severity of their disabilities, need intensive supported employment services from [DOR] and extended services after transition…to perform this work.” See Title 9 of the California Code of Regulations (C.C.R.) § 7028(a). Supported employment services must meet the specialized needs of each consumer and include “on-site job coaching support services in a group or in an individual placement at the work place, and off-site services in an individual placement if they are needed to maintain the consumer’s Page 2 of 7 employment including training, destination training1, advocacy, and job loss intervention.” See page 98, 2015 State Plan Supported Employment Supplement at: http://www.rehab.cahwnet.gov/Public/DOR-State-Plan.html: also see, Rehabilitation Administrative Manual (R.A.M.) § 31500. 2. Is supported employment a group or individual placement? Both.
    [Show full text]
  • 2019 National Apse Conference
    GATEWAY TO INCLUSIVE EMPLOYMENT APSE 2019 2019 NATIONAL APSE CONFERENCE Celebrating 30 years of APSE St. Louis, Missouri The Gateway City June 18-20, 2019 Pre-Conference: June 17, 2019 apse.org ON-SITE WHEELCHAIR g on social REPAIR AVAILABLE When postin member to Visit NuMotion's media, re exhibit booth for se... #APSE2019 Dear APSE Conference Attendees, u wheelchair repair With a warm smile and open arms, we would like to personally welcome you to the 30th Annual National APSE Conference in St. Louis, Missouri. To recognize APSE’s 30th anniversary, we have created a museum to display artifacts from past National and State APSE Chapter conferences. Two traveling exhibits from The Museum of disABILITY History, will also be included in the showcase. Tag @nationalAPSE on Facebook and Twitter The theme for the #APSE2019 conference is “Gateway to Inclusive Employment.” Fittingly, APSE is the only national membership association dedicated to Employment First, a vision that all people with disabilities have a right to competitive employment in an inclusive workforce. All of our efforts are geared towards this vision and we strive to educate and empower individuals who share this common goal. This year’s conference will be no different; the conference content will educate you about assistive technology solutions for employment, best practices to achieve the Employment First standard, along with diversity and inclusion efforts focusing on people with disabilities in the workforce. Get ready to ask questions and hear from subject-matter experts, and keynote speakers, like Frances West who founded a global advisory company called FrancesWestCo, and Liz Weintraub, an advocate for the Association of University Centers on Disabilities (AUCD).
    [Show full text]
  • Federal Disability Policy Advances Integrated Employment
    c e p s Journal | Vol.5 | No1 | Year 2015 91 Raising Expectations for U.S. Youth with Disabilities: Federal Disability Policy Advances Integrated Employment Jeanne Novak1 • While conversations around the inclusion of individuals with disabilities often focus on the educational rights and needs of children with disabilities during their school years, there is a growing recognition that the period of transition from secondary school to adult roles is a critical time in the lives of individuals with disabilities. For young people, gaining meaning- ful employment in a typical community job is an important step towards realising full community membership. The present article examines how contemporary U.S. federal disability policy has heightened expectations that youth with disabilities – including those with significant disabilities – can and should be prepared to work in integrated workplaces. The article begins with a consideration of how evolving assumptions about the nature of disability and the employment potential of individuals with significant disabilities have influenced the development of federal disability policy in the U.S. This is followed by an overview of key legislative and policy devel- opments in the areas of civil rights and workforce development that have the potential to dramatically impact the employment outlook for young people with disabilities. The article concludes with a discussion of chal- lenges in translating the legislative intent of federal disability policy into noticeable improvements in employment outcomes, along with recom- mendations for aligning legislation, funding priorities and service deliv- ery systems to achieve policy goals. Keywords: equal opportunity, integrated employment, presumption of employability, secondary transition, social model of disability 1 Bowling Green State University, Ohio, USA; [email protected] 92 u.s.
    [Show full text]
  • Segregated & Exploited
    Segregated & Exploited A Call to Action! The Failure of the Disability Service System to Provide Quality Work January, 2011 National Disability Rights Network: Protection, Advocacy & Assistance The National Disability Rights Network (NDRN), is the nonprofit membership organization for the Protection and Advocacy (P&A) system and Client Assistance Program (CAP). The P&A/CAP network was established by the United States Congress to protect the rights of people with disabilities and their families through legal support, advocacy, referral, and education. The P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the country. NDRN strives to create a society in which people with disabilities are afforded equal opportunity and are able to fully participate by exercising choice and self determination. It promotes the integrity and capacity of the P&A/CAP national network by providing training, technical assistance, legislative advocacy, and legal support. NDRN advocates for the enactment and vigorous enforcement of laws protecting the civil and human rights of people with disabilities. Reports, like this one, are an integral part of the services NDRN provides to the P&A/CAP network and the disability rights movement in general. Please visit www.NDRN.org for more information. Cover photo by WQAD in the Quad Cities, IA (www.wqad.com). Image of the unheated and boarded up bunkhouse where Henry’s Turkey Service housed its workers with disabilities. A Letter from the Executive Director Dear Friends, Today, across the United States of America, hundreds of thousands of people with disabilities are being isolated and financially exploited by their employers.
    [Show full text]
  • Guide on Serving Individuals Who Are Deaf, Late-Deafened, Hard of Hearing, Or Deaf-Blind
    Division of Vocational Rehabilitation; Florida Department of Education 2014 Guide on Serving Individuals Who are Deaf, Late-Deafened, Hard of Hearing, or Deaf-Blind [GUIDE ON SERVING INDIVIDUALS WHO ARE DEAF, LATE- DEAFENED, HARD OF HEARING, OR DEAF-BLIND] June 12, 2014 CONTENTS INTRODUCTION ........................................................................................................................................... 3 PHILOSOPHY ............................................................................................................................................... 3 POPULATION ............................................................................................................................................... 4 LIMITATIONS AND GENERAL BARRIERS ................................................................................................ 4 A. Individuals Who are Deaf ..................................................................................................................................... 4 B. Individuals Who are Late-Deafened ..................................................................................................................... 5 C. Individuals Who are Deaf-Blind ............................................................................................................................ 6 D. Individuals Who are Hard of Hearing ................................................................................................................... 7 E. Individuals Who are Deaf and Low-Functioning
    [Show full text]