Least Restrictive Environments (LRE) and Transition

1. Least Restrictive Environments (LRE) and Transition IDEA Partnership@NASDSE 2014 Developed by the IDEA’s Partnership Community of Practice on Transition April 22, 2014

2. About this resource… • This presentation was developed by the IDEA’s Partnership Community of Practice (CoP) on Transition • The CoP includes decision makers, practitioners and consumers from 12 states, 10 national organizations and a number of federal centers that have expertise in transition • Working together they discussed the issue, proposed the content for each of the slides and developed the notes that will help you to use this resource • It is our hope that individuals at the state and local level will use this resource to begin or advance the discussion about the importance of integrated settings in school age transition and beyond IDEA Partnership@NASDSE 2014

3. Did You Know? In February of 2014, the Department of Labor established that, nationally: • 68.5 % of individuals without disabilities are employed, while • 19.1% of individuals with disabilities are employed. Of those that have been employed, the unemployment rate • For people with disabilities is 14.3%, while • For people without disabilities is 6.8% This data is consistent with structured data collected monthly every year since 2009. IDEA Partnership@NASDSE 2014

4. The Data Generates Some Questions to Explore • How do school and adult service professionals envision the work life of youth after graduation? • How do families and youth themselves envision the work life after graduation? • Does what we envision influence the choices that we offer to students with disabilities? • Does what we envision influence outcomes for individuals with disabilities? • How is policy and practice around transition and employment changing? • What do you know …and feel… about the changes? IDEA Partnership@NASDSE 2014

5. In 2012, Disability Rights Wisconsin (DRW) and Wisconsin Board for People with Developmental Disabilities posed this question to the Office of Special Education Programs (OSEP): Does Least Restrictive Environment (LRE), a key principle of IDEA, apply to transition, job preparation and job placement? IDEA Partnership@NASDSE 2014

6. The Context for the Question … and the Answers • Segregated employment is under examination • Integrated competitive employment receiving greater support in states • In many places, sheltered work is no longer supported as a work preparation or post school option. • Judicial decisions clarify the direction for policy and practice • Not all in the disability community agree. Policy clarifications were needed • Too many school- age providers have not made the practice change. IDEA Partnership@NASDSE 2014

7. Key Points from OSEP Response to DRWRead the entire response using the link on the Resource Slide “Nothing in the IDEA requires a specific service, placement, or course of study, but leaves such decisions to the IEP Team for the individual child. The IDEA emphasizes the importance of parental involvement and student involvement, when appropriate, in the development of the IEP. “ ‘The LRE requirements are a fundamental provision of Part B of the IDEA. According to the LRE requirements in 34 CFR §§300.114-300.118, each public agency must ensure that (1) to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled…” “Placement decisions, including those related to transition services (including work placement), must be based on these LRE principles and made by the IEP Team.” IDEA Partnership@NASDSE 2014

8. Integrated Employment Litigation Oregon • The Case • The lawsuit charges violations to the Americans with Disabilities Act (ADA) and the Rehabilitation Act by “confining individuals with disabilities to segregated settings where they have little – if any – interaction with non-disabled peers. Moreover, they are paid far below the state’s minimum wage of $8.80 for doing rote tasks that offer no training, no skills, and no advancement.” • The Finding • Court found that OR invested too heavily in sheltered work options • Court found that OR failed to invest in other options, including integrated work and supported work options. • The US Department of Justice involvement • The Olmstead Decision (which defined an ‘integration mandate’ under ADA) prompted The US Department of Justice to become involved. The OR decision affirmed that ‘integration mandate’ does apply to employment settings. IDEA Partnership@NASDSE 2014

9. Integrated Employment Litigation Providence City and Providence School District - Providence, RI • The Case • Filed by the Office of Civil Rights Division of the Department of Justice • The case asserts that the city failed to provide adequate support for integrated employment options for citizens with intellectual and developmental disabilities. Citizens were paid a sub-minimum wages and had little or no interaction with non-disabled settings and peers. • The case asserts that the School District operated a school-based sheltered workshop for students ages 14 and over with intellectual and developmental disabilities that transitioned youth and young adults directly to adult workshops. • Between the school aged sheltered workshop and the adult workshop, citizens with disabilities were subject to unnecessary segregation over many years. • The Finding • Both the school district and the city must invest in adequate supports for integrated employment options • Mandated person centered planning for students currently in the school-based sheltered workshop and meaningful choices to their achieve post-secondary employment goals • Some citizens received financial compensation for years of work at a sub-minimum wages. IDEA Partnership@NASDSE 2014

10. Landmark Case RI is considered to be a Landmark Case because The actions are specific in: • presumption of capability to work in an integrated setting • definition of terms Including: supported employment services, career development plan, person centered planning, … and more • essential components of a public system, infrastructure and methods for public programs Including: supported employment services, integrated day services, career development planning, transition planning, interagency collaboration …and more. *Read the full analysis using the link on the resources slide IDEA Partnership@NASDSE 2014

11. Integrated Employment Policy • Employment Firstis defined as an official directive from a state government agency stating that employment in the community in the general workforce is the first and primary option for individuals with disabilities and /or it is the intent of the state to move in that direction • 27 states have Employment First policy • 12 states have cross-disability policy. The rest focus specifically on intellectual and developmental disabilities. • 18 states have additional efforts underway, but no significant policy yet. Source: State Employment Leadership Network ( SELN), 2013 *Look for state specific information in the SELN document in Resource Slide IDEA Partnership@NASDSE 2014

12. Other Factors Impact Employment • As you become more involved in learning and acting on integrated employment issues, be aware of other factors that advance employment opportunities and community participation. • ‘Soft Skills’, sometimes called employability skills (work ethic, communication, grooming, etc.) are important for all students, including students with disabilities • Benefits Counseling (accessing both work and benefits) is critical to sustaining employment • Transportation is directly related to getting and keeping employment • Like employment, transportation can be segregated or integrated • Like employment, integrated options should be considered first • As with all integrated options, early and consistent focus increases the likelihood of success IDEA Partnership@NASDSE 2014

13. There is a National Focus on the Connections between Transportation and Employment • Accessibletransportation is a national concern • Integrated transportation is an area of focus • United We Ride is an initiative of the National Coordinating Council on Access and Mobility • Easter Seals Project Action is a technical assistance center funded by United We Ride to promote universal access to accessible transportation for people with disabilities IDEA Partnership@NASDSE 2014 • *Visit the links in the resource slide to learn about United We Ride and Project Action

14. Inclusive Transportation Means • The tenets of Least Restrictive Environment pertain to transportation services students receive in school and also across school settings as students transition • Students with disabilities use the same transportation as their peers without disabilities • Families, students, and educators learn about transportation options through content embedded in instruction • Educators, pupil and public transporters work together to develop inclusive transportation supports and options for students

15. Resources • LRE • Office of Special Education Programs (OSEP) • Response to the letter from the Disability Rights Wisconsin: OSEP letter • Cases (information on other cases available on LRE wiki) • Oregon http://www.droregon.org/results/lane-v.-kitzhaber-class-action-lawsuit-seeks-an-end-to-segregated-sheltered-workshops http://www.droregon.org/results/results-documents/Lane%20v.%20Kitzhaber-Fact%20Sheet.pdf • Rhode Island http://www.vaaccses.org/vendorimages/vaaccses/ANALYSIS_ACCSES_RhodeIsland_SettlementAgreement_061913.pdf http://www.ncd.gov/newsroom/2013/07132013 • Olmstead http://www.ada.gov/olmstead/ IDEA Partnership@NASDSE 2014

16. Resources cont. • Employment First • Office of Disability Employment Policy (ODEP) • Employment First • Employment First Leadership Mentor Program • Integrated employment Tool Kit • Soft Skills to Pay the Bills • Association of People Supporting Employment First (APSE) • Employment First • Employment First Resources • APSE Employment First Statement • APSE Employment First White Paper • State Employment Leadership Network (SELN) • State Employment First Policies • Employment First Resource List • MAP of SELN Member States • 2014 SELN Factsheet • Alliance for Full Participation • NGA Report: A Better Bottom Line: Employing People With Disabilities • NACDD Report: The Time is Now: Embracing Employment First • Wisconsin Partners in Employment grant tools “Let’s Get to Work” IDEA Partnership@NASDSE 2014

17. Resources cont. • Related Issues • Soft Skills to Pay the Bills (ODEP) • Transportation • United We Ride • Project Action • Project Action Tool: Supporting the Transition of Students with Disabilities with Inclusive Transportation Practices • Disability Benefits 101 website • RSA Technical Assistance guide • "School Days to Pay Days” (Institute on Community Inclusion) • www.workwithoutlimits.org/schooldays • www.communityinclusion.org/schooldays IDEA Partnership@NASDSE 2014

18. Critical Dialogue • In communities…with providers and families • In schools…with teachers and transition staff • With youth and young adults with disabilities One of these Dialogue Starters might help… or revisit the questions on Slide 4 of this presentation. IDEA Partnership@NASDSE 2014

19. Individuals with Intellectual and Developmental Disabilities Have Been the Focus of Much of the Sheltered Work Dialogue…. The Office of Civil Rights commented on the employment litigation by warning that “low expectations can shape service systems” • In your view, is low expectations an issue that uniquely impacts students and young adults with intellectual and developmental disabilities? • In your view, what impact does the expectation for competitive employment have on our view of services to all students with disabilities? IDEA Partnership@NASDSE 2014

20. Many sheltered work arrangements were originally designed as ‘transitional’ employment options In August 2012, the National Council on Disability (NCD) issued a report on subminimum wage and supported employment. Some of the key findings of the research included: • Sheltered workshops are ineffective at transitioning individuals with disabilities to integrated employment; • Only 5% of sheltered workshop “employees” transition into community-based jobs Why do young adults persist in sheltered work long after they leave high school? IDEA Partnership@NASDSE 2014

21. Many wonder how quickly the system can retool to move away from sheltered work… • In some cases, when sheltered work has been eliminated, segregated Day Developmental programs begin or increase. What is your reaction to this system response? Note: The RI decision addressed day developmental programs and made it clear that all habilitation services must not ‘unnecessarily segregate’ individuals with disabilities. • In your view, where are the gaps related to providing training and placement into competitive integrated work • Knowledge gaps • Skill gaps • Other…. IDEA Partnership@NASDSE 2014

22. Through informal polls* , we have learned that some practitioners and family members believe that sheltered work is an acceptable employment outcome for some students … or in some situations? • Do you know what practitioners in your local area know and believe about this issue? • Do you know what families in your local area know and believe about this issue? • How will you use this presentation to help you begin your local dialogue? * Polls were conducted on a national webinar and LRE /Employment presentations in 3 states IDEA Partnership@NASDSE 2014

23. For more information about the IDEA Partnership Visit the website: www.ideapartnership.org Call toll free line at: 1-877-IDEA INFo The IDEA Partnership is funded by the U.S. Department of Education Office of Special Education Programs (OSEP) and is part of the Technical Assistance and Dissemination network IDEA Partnership@NASDSE 2009