WIOA Basics for Schools and AEAs

1. WIOA Basics for Schools and AEAs Thomas Mayes & Kim Drew, DoE

2. What is WIOA? Workforce Innovation and Opportunity Act, Public Law 113-128 • Signed into law by President Obama, July 2014 • Made major changes to Vocational Rehabilitation laws and programs • Purpose: “empower individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion in and integration into society.”

3. Focus on Collaboration Between IVRS & LEAs • IVRS will become more involved and visible in the schools • IVRS will work within the schools to create a continuum of services • Services will align with IDEA • Services will not supplant the legal responsibility of the schools • Pre-Employment Transition Services (PETS) - more detail to come

4. Goal of this collaboration is to develop a system that will lead to competitive integrated employmentfor students with disabilities, regardless of the level of disability Shared Responsibilities + Collaboration = Positive Outcomes for Students

6. What does this mean for schools? • Does not change any of the transition requirements of IDEA for FAPE (i.e., work preparation) • Documentation is required before a person can enter sub-minimum wage employment (more details to come) • Schools cannot enter into contracts with agencies to provide sub-minimum wage employment • Schools can enter into contracts with these agencies for other services (i.e., job coaching)

7. Current & Future DE/IVRS Collaboration Current collaboration continues: • DE representation on IVRS council • IVRS coordinates with DE in developing statewide VR plan • IVRS representation on Special Education Advisory Panel (SEAP) New requirements: • Coordination/collaboration on documentation requirements for youth known to seek subminimum wage • PETS available to all students with disabilities

8. Pre-Employment Transition Services: The Basics Federal regulation: Pre-employment transition services must be made available Statewide to all students with disabilities, regardless of whether the student has applied or been determined eligible for vocational rehabilitation services. 34 C.F.R. § 361.48(a)(1). PETS are provided by IVRS, unless the PETS are transition services required in an IEP. In that case, they are the responsibility of the district and AEA. Id. § 361.22(c).

9. Pre-Employment Transition Services (PETS) • IVRS provides or arranges for PETS, in conjunction with school districts and AEAs, to all students with disabilities. • For this purpose, a “student with a disability” is • Eligible under Section 504 or the IDEA • At or above transition age (14 in Iowa) • Younger than the upper school age limit in Iowa (22)

10. It is not necessary for a student to have been determined eligible by IVRS to take part in PETS activities • Any student who is “potentially eligible” (as defined above) may participate

11. Types of PETS Activities • Required • Authorized • Coordinated

12. PETS - Required Activities by IVRS (or by LEA when included on IEP as required for FAPE) • Job exploration counseling • Work-based learning experiences • Counseling on opportunities • Workplace readiness training • Instruction in self-advocacy

13. IVRS has specific requirements when providing required, authorized, and coordinated activities. Local teams should meet with IVRS to determine how to best implement PETS in their school

14. Examples of PETS Implementation • In classes where individuals with disabilities can gain the knowledge and understanding without any specialized support that is individualized, IVRS staff may provide expertise and information on the ADA, accommodations, advocacy, etc. so they gain access and are successful. • In Youth Centers or classes in the school environment, staff may work with teachers and partners during their planning times to discuss pre-employment transition services and content to be infused into the classes.

15. Through guidance, consultation and technical assistance, the IVRS staff can advocate for all individuals with disabilities to gain access through the normal and common methods of services to prepare for, obtain, maintain, and advance in employment. • By assisting with and arranging internships, work experiences, employer panels, etc. students and youth gain real-world understanding of work and work requirements.

16. What is Sub-Minimum Wage? • A sub-minimum wage is wages paid by an employer that holds a “special wage certificate” under the Fair Labor Standards Act that authorizes that employer to pay wages that are less than the statutory minimum wage (federal, state, or local).

17. Sub-Minimum Wages & WIOA • WIOA places significant restrictions and documentation requirements when a student or youth with a disability seeks employment at a subminimum wage • A “subminimum wage” is a wage paid by an employer that holds a “special wage certificate” under the Fair Labor Standards Act that authorizes that employer to pay wages that are less than the statutory minimum wage (federal, state, or local).

18. The regulations refer to an employer holding such a certificate as an “entity.” • For additional information, see: generally WIOA, § 511; 34 C.F.R. pt. 391 • Further guidance is being developed in regards to students who are seeking sub-minimum wage placements

19. Limits on LEA/AEA/DE Contracts with Entities • Districts, AEAs, and the DE may not contract with or have another arrangement with an entity “for the purpose of operating a program for a youth under which work is compensated at a subminimum wage.” • This prohibition applies even if the youth and/or family want to pursue subminimum wage employment.

20. Examples • District contracts with entity to provide subminimum wage employment? No • District contract with entity to provide uncompensated work experience, pre-employment skills? Okay • District contracts with entity to provide work at/above minimum wage? Okay • District contracts with entity to provide other services (job coaching, etc.)? Okay

21. Questions??