>From the web page http://www.afb.org/grg/rehabadvisory.html
ADVISORY MEMO
American Foundation for the Blind
Governmental Relations Group
820 First Street, N.E., Suite 400
Washington, DC 20002
202.408.0200 (Voice/TDD)
202.289.7880 FAX
e-mail:[log in to unmask]
Advisory Memorandum
The Rehabilitation Act and the Workforce Investment Act:
Analysis of Joint Planning and Operation Requirements
For further information contact:
Alan M. Dinsmore
Senior Governmental Relations Representative
202-408-8171
e-mail: [log in to unmask]
The Workforce Investment Act
On August 7, 1998, the Rehabilitation Act Amendments of 1998
were signed into law as part of the Workforce Investment Act
(WIA) of 1998. WIA provides the framework for the national
workforce preparation and employment system through amendments
and program consolidations of several existing employment and
training authorities.
The WIA changes the focus of these authorities to a local and
state level, makes significant changes to the funding streams,
target populations, delivery systems, accountability, planning
for service delivery, labor market information, and governance
structures. There are five titles to the WIA.
Title I of the Workforce Investment Act authorizes the new
Workforce Investment System and establishes the governance and
planning structures along with a "one stop" service delivery
system. This title also provides the basic authority for the
funding streams for the program along with participant
eligibility criteria.
Title II reauthorizes the Adult Education and Literacy programs
for Fiscal Years 1999-2003.
Title III amends the Wagner-Peyser Act to require that
Employment Service/Job service activities authorized under that
Act become a part of the one stop system and it establishes a
national employment statistics initiative.
Title IV reauthorizes the Rehabilitation Act through Fiscal Year
2003.
Title V contains the general provisions including authorities
state unified plans relating to several of the workforce
development programs.
The Rehabilitation Act Amendments
The Rehabilitation Act amendments revise the Act and extend it
for five years. The Rehabilitation Act amendments do not
integrate any of the Rehabilitation Act program authority with
WIA authorities. However, the amendments do provide for several
key linkages with WIA which are explained below. RSA has posted
an electronic version of the amended Act in HTML on its web site
at www.ed.gov/offices/OSERS/RSA/RehabAct.html. RSA will be
conducting orientation meetings on the amendments in selected
cities in the early part of the Fall. The first meeting was held
in Washington, D.C. on September 2. A second briefing was held
in Chicago on September 17. RSA intends to provide a list of
other meeting cities and dates as soon as arrangements have been
completed.
The Department of Labor is maintaining a separate web site for
information on the WIA at www.usworkforce.org. This site will
maintain information on legislative history of the Act,
implementation schedules, frequently asked questions, federal
register notices, and a gateway to other web sites with
information on the Workforce Investment Act such as those
maintained by the National Governors Association and the
National Association of Counties.
The subject of this advisory memorandum is to outline the
legislative authorities for the linkages between the
Federal/State Rehabilitation program and the State Workforce
Investment Systems.
These linkages are designed to ensure that individuals with
disabilities can be referred, as appropriate, to training
specific to their needs in the workforce investment system and
the state-federal rehabilitation program.
Preservation of Integrity of the Rehabilitation System and
Authority for Separate State Agencies for the Blind
These amendments preserve the integrity of the state-federal
vocational rehabilitation (VR) system by maintaining a separate
funding stream, separate state plans approved by the
Commissioner, and specifications for the designation and
placement of the designated state unit which operates the
vocational rehabilitation program. The amendments also retain
the authority for a separate state agency for the blind where
established by state statute and for separate state
rehabilitation councils for such states.
Other Significant Amendments to Title I
In addition, the amendments to the Act make a number of other
significant changes to Title I of the Act which we will detail
in future advisories. The following is a brief outline of these
changes:
* Streamline Administrative Procedures. The amendments reduce
the number of current planning requirements and limit the
circumstances in which a new state plan must be submitted to
RSA. The amendments provide more flexibility regarding the
location of the agency designated to administer the Title I
program and retain the organizational requirement for the
designated unit when that unit is not one that is primarily
concerned with rehabilitation.
* Presumptive eligibility for SSDI Beneficiaries and SSI
recipients.
* Automatic Determination of SSDI Beneficiaries and SSI
Recipients as Individual with Significant Disabilities.
* Individualized Plan for Employment (IPE) replaces the IWRP
with a deletion of some content and process requirements and
additions to collaborative process between the eligible
individual and the qualified rehabilitation counselor.
* Due Process and Mediation Procedures which require
procedures for mediation and review through impartial due
process of hearing determinations made be personnel of the
state VR unit.
* Composition and Appointment of State Rehabilitation Council
members: Membership of the Council is expanded to include at
least one representative of the state workforce investment
board and at least one representative of the State
educational agency responsible services under Title I of the
Act and Part B of the Individuals with Disabilities
Educational Act.
* Expanded Functions of the Council: In addition to other
changes the Council now, in partnership with the State VR
unit, develops, agrees to, and reviews State goals and
priorities which must be described in the Title I State plan
submitted to RSA.
* Scope of VR Services to Individuals and Groups of
Individuals: The amendments expand the scope of services
provided during assessment and services provided under the
new IPE and introduce a new category of service to
individuals to pursue self-employment, telecommuting or
small business operation.
* Policies and Procedures Related to the Exercise of Informed
Choice combine elements of present law relating to choice
and require the States to develop new procurement policies
and methods to facilitate provision of services and afford
individuals meaningful choices.
* Comparable Services and Benefits require interagency
agreements or other mechanisms to ensure that provision of
services not exempted from the determination of comparable
services exist and will paid for by other entities.
* Reporting Requirements require States to report on the
number of individuals with significant disabilities who have
maintained employment 6 and 12 months after achieving,
regaining, or advancing in employment.
* Cooperation, collaboration and coordination with other
programs most notably requires the designated State unit to
enter into cooperative agreements with other components of
the statewide workforce investment system and to replicate
the agreements at the local level between individual offices
of the designated State unit and local entities carrying out
activities through the statewide workforce investment
system.
* Innovation and Expansion Activities amendments delete the
requirement to develop a strategic plan and now require the
States to reserve an unspecified allotment of Section 110
funding for the development and implementation of innovative
approaches to expand and improve VR services to individuals
with disabilities.
* Annual State Goals and Reports of Progress consolidate many
of the evaluation and goal planning provisions of statutory
provisions of previous law.
Rehabilitation Act Linkages to WIA
One of the most significant changes made by the amendments is
the creation of numerous linkages with statewide workforce
investment activities authorized by the Workforce Investment Act
(WIA). Section 507 of WIA provides that the statutory provisions
governing the VR program took effect on the date of enactment of
WIA which was August 7, 1998.
Effective Date
According to RSA's Information Memorandum RSA-IM-98-23 of August
21, 1998 State VR agencies are required to move foreword
immediately with their implementation of the new statutory
provisions related to the VR program and should not wait for the
publication of implementing regulations.
Rulemaking and Planning
RSA plans to publish a notice of proposed rulemaking for the VR
program early in 1999. In addition, the Department of Labor has
provided preliminary information that the Department intends to
have a WIA State plan guide and information available to the
States by April of 1999.
Requirements for Joint Planning and Operation of Rehabilitation
Act Title I programs and WorkForce Investment Act programs.
Rehabilitation Act provisions:
It is significant that the findings and purposes section of the
Rehabilitation Amendments of 1998 states that:
increased employment of individuals with disabilities
can be achieved through the implementation of
statewide workforce investment systems under Title I
of the Workforce Investment Act of 1998 that provide
meaningful and effective participation for individuals
with disabilities in workforce investment activities
and activities carried out under the vocational
rehabilitation program established under Title
I.....(Section 2. Findings (a)(3)(F)(4).
The amendments further state it is the purpose of the Act to:
...empower individuals with disabilities to maximize
employment,economic self-sufficiency, independence,
and inclusion and integration into society, through a
statewide workforce investment systems implemented in
accord with Title I of the Workforce Investment Act of
1998, that include, as integral components,
comprehensive and coordinated state-of-the-art
programs of vocational rehabilitation. (Section 2
Findings (b)(1)(A).
The Rehabilitation Act Amendments also incorporate the
definitions of Local Workforce Investment Board-Section
7(25),State work force Investment Board-Section 7(33), Statewide
Workforce Investment System(34), and Workforce Investment
Activities-Section 7(39) from the WIA.
Significant Amendments
The amendments to the Rehabilitation Act contain numerous
provisions designed to carry out the statements of findings and
purposes. Almost all of these are located in Title I of the Act
and we outline them below.
In the administration of the Act the amendments require the
Commissioner to:
provide consultative services and technical assistance
to public or nonprofit private agencies and
organizations, including assistance to enable such
agencies and organizations to facilitate meaningful
and effective participation by individuals with
disabilities in workforce investment activities.
(Section 12(a)(1))
The RSA Commissioner is further required:
. . .to the maximum extent possible include in the
(annual) report all information that is required to be
submitted in the reports described in section 136 (d)
of the Workforce Investment Act of 1998 and all that
pertains to the employment of individuals with
disabilities. (Section 13 Reports (c)
The Information Clearinghouse authorized to be established by
the Secretary is also required to provide information and data
regarding:
the location, provision, and availability of services
and programs for individuals with disabilities,
including such information and data provided by State
workforce investment boards regarding such services
and programs authorized under title I of such Act.
(Section 15(1).
The foundation for the establishment of linkages between the two
systems is provided in Section 101. State Plans of the
Rehabilitation Act. This section contains no less than eight
references to vocational rehabilitation services and the
Workforce Investment Act.
* The state vocational rehabilitation plan must now be
submitted on the same date that the State submits a State
plan under Section 112 of the Workforce Investment Act of
1998 (Section 101(a)(1)(A). At the Washington, D.C. briefing
senior RSA staff indicated that these plans may be submitted
jointly or separately. They did emphasize that this is a
preliminary opinion and that the policy is not yet
established.
* The state plan must also include an assurance that
interagency agreements exist with the statewide workforce
investment system in order to ensure the provision of
vocational rehabilitation services which are subject to a
determination for comparable services and benefits (Section
101(a)(8)(B).
* The Commissioner is must also require reporting on the
number of eligible individuals with disabilities receiving
service on data elements described in the WIA that are
determined by the Secretary to be relevant in assessing the
performance of designated State units in carrying out the
services established under Title I of the Act (Section 101
(a)(10)(B).
* The Commissioner shall also require that each designated
state unit include in its reports the information necessary
to determine the success of the State in meeting State
performance measures established under Section 136 (b)of
WIA, to the extent that the measures are applicable to
individuals with disabilities (Section 101
(a)(10)(E)(ii)(1).
* The state plan must also include cooperative agreements with
components of the Statewide Workforce Investment Systems
which agreements may provide for training and technical
assistance regarding benefits and eligibility standards,
facilitation of job placement, and promotion of
participation of individuals with disabilities in workforce
investment activities including the provision of reasonable
accommodation,auxiliary aids and services and rehabilitation
technology for individuals with disabilities (Section
101(a)(11).
* The state plan must also report on annual goals and progress
with regard to individuals with disabilities served through
other components of the statewide workforce investment
system (Section 101(a)(15)(A)(i)(III).
* The state plan must also contain a description of the
strategies the state will use for assisting entities
carrying out other components of the statewide workforce
investment system (other than the vocational rehabilitation
program)in assisting individuals with disabilities (Section
101(a)(15)(D)(v).
* State information and referral services must be expanded to
include an assurance that the designated state unit, using
appropriate modes of communication will provide referrals to
the components of the statewide workforce investment system
best suited to address the specific employment needs of the
individual.
* Another basis for the provision of joint planning and
provision of services is provided through the expansion of
the authority of the State Rehabilitation Council. These
Councils must:
* after consulting with the State workforce investment board,
review, analyze and advise the designated state unit
regarding the services and functions of the unit and
coordinate its activities with other councils within the
state including the state workforce investment board
(Section 105(c)and (c)(6). The State Rehabilitation Council
must now have at least one member from the State workforce
investment board (Section 105(b)(1)(A)(xi).
Finally, the evaluation standards and performance indicators
must, to the maximum extent practicable, be consistent with the
core indicators required by the core indicators of performance
established under the WIA (Section 106(a)(1)(C) and the
Secretary of Labor shall provide the Commissioner with
employment statistics which will allow the Commissioner to
compare the progress of individuals with disabilities who are
assisted in this program with the progress of individuals with
disabilities assisted under Title I of the WIA (Section
131(a)(2).
Provisions in the Workforce Investment Act
* Definitions: Integrates the term "individual with a
disability" as defined in the Americans with Disabilities
Act of 1990. (Section 101. Definitions (17)
* Provides a definition for low income individuals which
includes individuals with disabilities who receive or are
members of families who receive cash payments under
Federal,State,or local income based public assistance
programs. (Section 101. Definitions (25)(F).
* State Plan requires a description of how it will meet the
needs for individuals with disabilities. (Section 112 State
Plan (b)(17)(A)(iv)
* Local Workforce Investment Board membership requires
membership of representatives of community based
organizations including organizations representing
individuals with disabilities. (Section 117 Local Workforce
Investment Boards (b)(2)(A)(iv)
* Provides for inclusion of Youth with Disabilities in Youth
Activities programs. (Section 129 Use of Funds for Youth
Activities (c)(5)(E).
* Provides for performance accountability measures to show
program performance for individuals with disabilities
(Section 136 Performance Accountability System (d)(2)(F)
* Provides for Demonstration projects to show (1)
establishment of partnerships with national organizations
with special expertise in development of training programs
for individuals with disabilities and (2) multi service and
research projects for design and development of training
practices for individuals with disabilities. (Section 171
Demonstration, Pilot, Multiservice, Research and Multistate
Projects (b)(1)(F) and (c)(1)(B).
* Adult Education and Literacy programs include a definition
of individual with disability and provide that State Plans
must serve these individuals. (Section 224 State Plan (b)(5)
and (b)(10)(b)
* Grants and Contracts for Eligible Providers for local
services require a demonstration of these projects will
provide for the special needs of participants with
disabilities. (Section 231 Grants and Contracts for Eligible
Providers (e)(10).
In the near future we will provide additional memos on this
subject along with a companion analysis of amendments to other
sections of the Act.
----------
End of Document
|
