Introduction

The Workforce Investment Act (WIA) could mean "full" service or "no" service for people with disabilities. In the best case scenario, persons with disabilities will have access to a broad array of services. In the worse case scenario, the WIA could cause people with disabilities to get lost in the re-shuffle, resulting in non-competitive employment.

Table Information follows:

Title I          Outlines the structure, composition, and purpose of the Workforce Investment System including governing boards and "one-stop" centers.

Title II         Re-authorizes Adult Education and Literacy Programs.

Title III        Contains amendments to the Wagner-Peyser Act, provides for linkages between programs, and the Twenty-First Century Workforce Commission.

Title IV        Contains the 1998 amendments to the Rehabilitation Act.

Title V         Contains the general provisions of the Act.

Background

Last year the Rehabilitation Act was consolidated into a broader bill with a large number of employment programs under H.R. 1385; the WIA. On August 7, 1998, President Clinton signed the bill into law bringing dozens of federal employment related programs together under one roof - called a "one stop" center.

In addition to the Rehabilitation Act, federal employment programs authorized under the WIA include: the Wagner-Peyser Act; the Adult Education and Literacy Act; the Vocational Rehabilitation Act; the Welfare-to-Work grants; title V of the Older Americans Act; postsecondary vocational education under the Perkins Act; Trade Adjustment Assistance; veterans employment services under chapter 41 of title 38, U.S.C.; unemployment compensation laws; Community Service Block Grants; and some programs within the Department of Housing and Urban Development. While there have been some changes within each of these federal programs, for the most part their individual funding streams, eligibility requirements, and services remain intact.

One-Stop Centers

The goal of the Workforce Investment Act is to encourage the competitive employment of traditionally unemployed or under-employed persons through the integration of federal and state programs and services. The vehicle to achieve this goal is the local "one-stop" employment center that delivers employment services and coordinates access to employment related services. "One-stop" centers offer a variety of core services for all customers, as well as, programs for specific populations including: youth, adult and juvenile offenders, criminal offenders, Native Americans, migrant and seasonal farm workers, veterans, dislocated workers, welfare-to-work participants, persons with disabilities, and older workers.

Services at the "one-stop" center vary according to their funding streams and eligibility requirements. Adult worker core services, for example are available to anyone and include job search and placement assistance; labor market information; initial assessment of skills and needs; information on available services and programs; and follow-up services to assist in job retention.

Individuals needing additional assistance can receive comprehensive assessments, individual employment plans, group and individual counseling, case management, and short-term prevocational services.  Training services are provided through Individual Training Accounts (ITAs) and are available for individuals who need occupational skills training, on-the-job training, entrepreneurial training, skill upgrading, job readiness training, and adult education and literacy activities. The customer selects a training program that meets their needs from a list of providers and provider-related performance information made available by the "one-stop" operator.

Program dollars still follow their pre-consolidation guidelines.
 
The "one-stop" shop is a simple idea on paper: a customer goes to a single location where they get coordinated services and information to help them achieve or retain employment. But the devil is in the details. Program dollars still follow their pre-consolidation guidelines. Some programs can serve anyone who comes in the door, whereas other services are only available to eligible individuals. For example, funds for adult workers and dislocated workers are both used to provide core, intensive, and training services. However, while core services funded by the adult program are available to all one-stop customers with no eligibility requirements, core services funded by the dislocated worker program can only be used for eligible individuals. Managing information regarding multiple eligibility, funding, and services for individual cases could prove to be an overwhelming task. A great deal of their success will depend on the effort the "one-stop" centers put into sharing and coordinating information.

Opportunities for Systems Change
 
The WIA created at least two opportunities for persons with disabilities to impact the focus and delivery of employment services at state and local levels. Namely, the states two-tiered board system and the use of new performance based indicators.

State Two Tiered Governing Board System

States are now required to set-up a two tiered governing board system. The first level is a state board composed of the Governor, legislative, local workforce investment board, and business representatives appointed by the Governor. Additional members must include local officials, labor organization representatives, state agency heads, and individuals and organizations with experience in the delivery of employment and employment related and youth activities (this could include organizations that serve persons with disabilities). The state board must submit a five year strategic plan to the Secretary of Labor describing how the state will implement the key requirements of the Act, including how individuals with multiple barriers to employment will be served (persons with disabilities are one of several groups identified).

The second level of the governing boards is the local workforce investment board. Locally elected officials appoint a board made up of local representatives from business, education, labor organizations, community-based organizations (including those that serve persons with disabilities), economic development agencies, and "one-stop" partners. Local boards submit their own plan to the state board for identifying  local "one-stop" operators performance measures and their role in the state employment statistics system.

The representation of persons with disabilities on these governing bodies could impact the availability and delivery of employment services for persons with disabilities on the state level and in local communities. These boards will have a great deal of power and flexibility in shaping the content and structure of federal employment services throughout the state.

New Performance Based Indicators

Another opportunity for system change is the new performance based indicators. Outcome-based, performance indicators form a substantial portion of the Workforce Investment Act. "One-stop" centers must meet performance criteria for all customers related to: the rate of program completion; the percentage of individuals obtaining unsubsidized employment; and the wage levels at placement. "One-stop" partners, including vocational rehabilitation (VR) programs, have more specific performance criteria, including rates of entry into unsubsidized employment, retention and earnings 6 months after entry into employment, and skill/educational attainment. Additionally, there are service satisfaction measures for employers and performance indicators for customers receiving only self-service and information activities.

For the most part, specific WIA performance levels will be determined on a state-by-state basis through the state board. Failure to meet performance levels will lead to sanctions. Exceeding expected performance levels could result in additional funding. States are required to submit annual evaluation reports on their progress toward achieving state and local area performance measures, including service to individuals with disabilities. The information will be disseminated to Congress and the general public, including state-by-state comparisons.

• It re-authorizes Rehabilitation Act programs through Fiscal Year 2003.
• Expands informed choice provisions.
• Enhances employment outcomes.
• Expands the role of the State Rehabilitation Council.
• Modifies due process.
• Streamlines administrative structures and procedures.
• Adds reporting requirements and number of provisions linking VR programs and workforce investment systems.

The new performance indicators could strengthen the accountability of VR agencies to achieve competitive employment outcomes for persons with disabilities. Nationally, and in some states, there is a debate regarding the degree to which state VR agencies should be held accountable to the new performance measures. State employment indicators represent an opportunity for state VR programs to become state-of-the-art, cutting edge programs that promote competitive employment for persons with significant disabilities. Persons with disabilities and our partners and advocates need to ensure that every effort is made to promote competitive employment outcomes for persons with disabilities.

Title VI: Rehabilitation Act Amendments

Title VI of the 1998 WIA accomplishes a number of purposes. It reauthorizes Rehabilitation Act programs through Fiscal Year 2003, expands informed choice provisions, enhances employment outcomes, expands the role of the State Rehabilitation Council, modifies due process, streamlines administrative structures and procedures, adds reporting requirements and adds a number of provisions linking VR programs with workforce investment systems.

Expanding Control and Choice

One of the most significant changes in the Rehabilitation Act is the new emphasis placed on consumer control and informed choice.

• State rehabilitation agencies and councils must implement policies and procedures that ensure applicants and eligible persons with disabilities are able to make informed choices through out every phase of the rehabilitation process.
• The Individualized Written Rehabilitation Plan (IWRP) has a new name - the Individualized Plan for Employment (IPE).
• Persons with disabilities can develop their own IPE or ask for technical assistance from agency or non-agency resources in developing their IPE.
• IPE assessment and service delivery must occur in the most integrated setting that promotes service delivery and the recipient's choice.
• The IPE must be implemented in a timely fashion and be amended only when there are substantive changes in the employment goal, services provided, or service providers.
• States that have an Order of Selection system (that is, agencies which limit VR services to persons with the most significant disabilities) only need to develop an IPE for consumers in "open" categories.

The Act now requires VR agencies to explore the individual's abilities, capacities, and capacity to perform work through the use of trial work situations by providing appropriate supports and training.

Enhancing Employment Outcomes

The Amendments also enhance service access and employment outcomes for persons with disabilities.

• State agencies must ensure the availability of staff who are trained to communicate in the native language or mode of communication of an applicant or eligible individual.
• Section 103(a) authorizes VR to fund technical assistance and other consultation services for persons who choose to pursue self-employment or small business operation.
• Telecommuting, self-employment, and small business operation as employment outcomes have been emphasized in the new amendments.
• Review the interests, priorities, and needs of individuals who have obtained competitive employment.
• Persons with disabilities who do not meet a state's order of selection criteria must receive information and referral services.

For individuals deemed ineligible for services, state agencies must:

1.    provide referral to an appropriate Federal and State program including other workforce investment programs,
2.    provide accurate vocational rehabilitation information and guidance,
3.    use appropriate modes of communication, and
4.    provide information that helps individuals in preparing for, securing, retaining, or regaining employment.

The referral process must include:

1.    a written referral from the VR agency to the referred agency,
2.    a specific contact name within that agency, and
3.    information and advice regarding the most suitable services to assist them in preparing for, securing, retaining, or regaining employment.

The term "extended evaluation" is dropped as it applies to VR's determination of a person's ability or disability to achieve employment.  Instead, the Act now requires VR agencies to explore the individual's abilities, capacities, and capacity to perform work through the use of trial work situations by providing appropriate supports and training.

More specific information has been added to the definition of "extended services". According to the Act, "extended services" means ongoing support and other appropriate services needed to support and maintain a person with a disability in supported employment. These services must be: based on an individual's needs as specified in their IPE; available and designed to maintain supported employment; and provided by a State agency, non-profit private organization, employer, or other appropriate resource after the person has transitioned from VR supported employment services.

Expanded Role for State Rehabilitation Councils

Every three years, in conjunction with their state VR agency, the State Rehabilitation Council must conduct a comprehensive statewide assessment and submit a formal report to the RSA Commissioner which identifies and describes the rehabilitation needs of:

• Individuals with the most significant disabilities;
• Un-served or under-served individuals with disabilities who are minorities; and
• Individuals with disabilities served by other programs of the workforce investment system.

The VR agency and the Council are also required to develop and review annual goals and priorities for the agency. These state goals and priorities must be based on; the comprehensive assessment; state performance on WIA and VR standards and indicators; and other available information. The document must include:

• Assurances that applicants and eligible individuals are provided with information and support services that assist them in exercising informed choice throughout the rehabilitation process.
• Methods used to expand and improve services to individuals with disabilities, including how assistive technology devices and services will be provided at each stage of the rehabilitation process and on a statewide basis.
• The plan for establishing, developing, or improving community rehabilitation programs (in applicable states).
• Strategies for improving state performance on WIA evaluation standards and performance indicators.
• Strategies for helping the statewide workforce investment program assist individuals with disabilities, and
• Service and outcome goals and time frames for individuals in each priority category within the order of selection for VR agencies who use this system.

Modifying Due Process

The role of State VR directors in reviewing the decisions of the impartial hearing officer has been eliminated. An official from the Governor's office may now conduct the impartial review.

The Amendments added a mediation option to help resolve disputes. Conditions for the process are:

• Involvement must be voluntary.
• A qualified, trained, and impartial mediator must conduct mediation.
• Mediation must be held in a timely manner and a location convenient to all parties.
• Discussions must be confidential and may not be used in any subsequent due process hearing or civil proceeding.
• Any final agreements must be in writing.
• The process cannot be used to deny or delay an individual's right to a formal hearing.
• The State pays the cost of the mediation process.
• The VR agency must maintain a list of qualified mediators who are knowledgeable in Title I rehabilitation service laws and regulations.

The Workforce Investment Act:

• Eliminates the three year State plan submission cycle and requires agencies to submit a State VR annual goals and priorities plan concurrently with their workforce development plan. The State plan does not need to be altered unless the changes are significant.
• Eliminated strategic planning requirements.

Streamlining Administrative Structures and Procedures

A number of procedural changes were made to streamline administrative activities. WIA eliminates the three year State plan submission cycle and requires agencies to submit a State VR annual goals and priorities plan concurrently with their workforce development plan. The State plan does not need to be altered unless the changes are significant. The Amendments also eliminates strategic planning requirements. However, these activities are now addressed through the expanded role of the Council.

Persons with disabilities who receive Supplemental Security Insurance (SSI) and Social Security Disability Insurance (SSDI) are now officially presumed to satisfy all criteria for determining they are "severely disabled" and meet all eligibility criteria for VR services. This is purely an administrative move to reduce eligibility determination costs and speed up access to services for this population. I&R is added to the list of services exempted from a comparable services and benefits search; clarifies that merit awards and scholarships are not to be considered comparable benefits; adds achieving the employment outcomes to the list of conditions under which a comparable services and benefits search need not be conducted; and coordination and financial considerations for working with state and federal programs.

Best case scenario, WIA "one-stop" centers form a comprehensive system of state employment services.

Worse case scenario, "one-stop" partners focus on rigid territories.

Summary

While dozens of employment-related programs have been linked together, it remains to be seen as to whether the individual states and their state and local boards can establish the necessary structures and performance measures to remove the barriers that keep persons with disabilities out of competitive employment, and therefore out of the social, economic, and political opportunities that comes with U.S. citizenship.

Best case scenario, WIA "one-stop" centers form a comprehensive system of state employment services. Persons with disabilities have access to a broad array of services promoting competitive employment. Within the workforce investment system, state VR agencies achieve the necessary leverage to create competitive employment outcomes for all persons with disabilities.

Worse case scenario, "one stop" partners focus on rigid territories. People with disabilities get lost in the re-shuffle or dumped into state VR programs. State VR agencies attempt to lower new performance standards because it is just "too hard" to get people with significant disabilities employed in the competitive market.

CIL Impact Summary

In concept, the WIA represents optimal efficiency and maximum results. This is achieved by setting up a comprehensive network to link dozens of employment and training programs and services that can be accessed from a single location. The entire world of federally sponsored work-related programs and services at the touch of a button. In reality, the
WIA may be difficult to manage and coordinate. However, within the mega-system of employment programs, centers for independent living may have an opportunity to make a dent in their hometown and state unemployment rates for persons with disabilities.

One way would be to get persons with disabilities on state and local governing boards. These boards will have a great deal of power and flexibility in shaping the content and structure of federal employment services throughout the state. A second way would be to influence the development and maintenance of the state's employment-related performance criteria. A third approach would be to become familiar with the consumer-directed changes in the Rehabilitation Act. VR has a higher standard of accountability for ensuring that consumers have the  information they need to make informed decisions. Finally, the State Rehabilitation Council has broader responsibilities for ensuring access to employment services within the VR agency as well as within the other WIA programs and services.

CILs have the opportunity to change the unemployment picture for thousands of their peers by negotiation or by storm.

However, the keys to everything are the individual players. In many states, in spite of clear WIA requirements for coordination and cooperation, it is business as usual. There are exceptions. Some states have taken the WIA as the catalyst for revamping the way employment programs work for the consumer and relate to one another. However, the key to change is power and perseverance. CILs have the opportunity to change the unemployment picture for thousands of their peers by negotiation or by storm. They must choose.

Author

Burton D. Pusch has worked in the fields of independent living and rehabilitation since 1980. He has served as an independent living specialist, executive director of a center for independent living and a state independent living council, and a regional trainer for Title VII funded programs. He has held diverse responsibilities during his career including service delivery, grant and program development, administration, legislative and policy development, researcher, technical consultation, professional training, producing more than 20 publications, directing and producing stage and television productions emphasizing disability issues, and advocating for individual and systemic change. In 1982, he co-founded the Purdy Pet Partnership where service dogs are cared for and trained by women inmates in a maximum security prison.  He has studied and provided consultation on rehabilitation and independent living extensively in the United States and in England, Germany, Switzerland, and the Netherlands. Throughout his career he has been appointed to more than 40 federal, state, and local commissions and boards. He has received numerous citations and awards for public service and academic excellence. Currently, he serves as the President of the Board of Directors of a Center for Independent Living. He is a doctoral candidate at the Rehabilitation Institute at Southern Illinois University and holds a faculty position at the University of Arkansas for Medical Sciences.

This research is made possible through the support of the Rehabilitation Research and Training Center on Management of Centers for Independent Living funded by the National Institute on Disability and Rehabilitation Research.

The RRTC on Management of Centers for Independent Living primary objective is to enhance the scope and quality of independent living services provided through consumer-controlled, community-based independent living centers located throughout the country.

Since 1977, ILRU has served as a national center for information, training, technical assistance, and research on independent living. ILRU is affiliated with TIRR Systems, a corporation providing a continuum of services to people with disabilities.

(Grant #133B950003) 1999 ILRU

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