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Rising to the Occasion: Promoting Employment First

This presentation highlights the concept of Employment First, which promotes full inclusion of people with disabilities in the workplace. It discusses the progress made, challenges faced, and the need for systems change efforts focused on employment. It also covers relevant legislation, funding, and regulations that support Employment First.

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Rising to the Occasion: Promoting Employment First

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  1. Presentation to the National Association of Governors’ Committee on People with  Disabilities • Rising to the Occasion: • Promoting Systems-Change Efforts Focused on Employment First Laura OwensExecutive DirectorAPSESerena Lowe Senior Policy Advisor U.S. Department of Labor

  2. Employment First A concept to facilitate the full inclusion of people with significant disabilities in the workplace and community. Under the Employment First approach, community-based, integrated employment at the greater of minimum or prevailing wages is the first option for employment or day services for youth and adults with significant disabilities.

  3. Employment First Rhetoric or Possibility?

  4. It’s A Time of Enormous Opportunity

  5. Employment First – the concept that employment should be the first and primary service option for people with disabilities - continues to grow. • Employment First Movement now in 34+ States • 20 States with anOfficial Policy

  6. National Governor’s Association Initiative

  7. Senate HELP Committee Report • Increase employment of people with disabilities by6 million by 2015

  8. CMS Guidance • Highlights and provides guidance for implementation of CMS’s goal to promote integrated employment options through the Medicaid waiver program

  9. Expanded Health Care Options under the Affordable Care Act

  10. National Council on Disability Report • Federal Agency calling for phase out sub-minimum wage as part of overall systems change • Make fundamental changes in transition

  11. Oregon Lawsuit • Claims placement in sheltered workshop is violation of ADA

  12. Requirements for expanding community employment increasingly part of settlement agreements with states

  13. It’s A Time of EnormousChallenge

  14. Increasing scrutiny of services and outcomes

  15. Growing Social Security Disability Roles (SSI & SSDI) • Congressional Research Service: SSDI Trust Fund will Run Out in 2016

  16. Short and Long-Term Fiscal Challenges at State & Federal Level

  17. Despite efforts over the past two decades, employment participation of people with disabilities remains stagnant.

  18. Disability EmploymentBy the Numbers

  19. "If no mistake have you made, yet losing you are....a different game you should play." Words of Wisdom

  20. Using a Carrots and Sticks Approach to Incentivize & Reward Systems & Providers for Doing the Right Thing EMPLOYMENT 1st: The Pathway to Transformation

  21. Evolved Thinking Leads to TRANSFORMATION From Assuming that PWD • Need to be taken care of • Can’t work • Need constant supervision • Are a burden to families To Discovering that PWD • Can be self sufficient • Can work and pay taxes • Don’t need constant supervision • Are valued family members

  22. Out with the Old, In with the New • Old Ways of Thinking • Cyclical Dependency • “Determined ineligible for employment supports” • “Payer of Last Resort” • A New Approach • Dignity of Risk • Presumption of Employability for Everyone • Everyone has a shared responsibility and accountability from Day

  23. Government Role in Employment First:Developing a Common Cross-Systems Strategic Framework to Effectuate Employment First

  24. FUNDING:Money Matters….and Drives Practice Be Bold. Embrace Difference. Change Lives.

  25. Self-Sufficiency is not only better for PWD, It also makes Economical Sense:Supported v. Sheltered Employment • Regardless of disability or severity, SE costs less than SW SE: $6,619 SW: $19,388 • SE is more cost-efficient to taxpayers SE: 1.21 SW: 0.83 • SE is more cost-efficient to workers SE: 4.20 SW: 0.24 Cimera, R. (2007, 2008, 2009, 2010)

  26. LEGAL:Where the Rubber Hits the Road Olmstead Integration Mandate & Employment • “The unnecessary segregation of individuals with disabilities in segregated, non-residential employment and vocational programs violates Title II of the ADA and Olmstead.” • “The civil rights of people with disabilities who can and want to receive employment services in the community are violated when they are unnecessarily segregated into sheltered workshops.” • Statement of Findings to State of Oregon by U.S. Department of Justice Civil Rights Division, June 29, 2012

  27. Olmstead Integration Mandate & Employment: DOJ’s Summary of Findings in Oregon (June, 2012) • DOJ found that the state of Oregon has failed to provide employment & vocational services to citizens with I/DD in the most integrated setting appropriate to their needs, due to the following reasons:

  28. INCENTIVESInfusing the Ideals of Employment FirstRecent Federal Agency Investments to Incentivize Systems Transformation

  29. REGULATIONSPromoting Employment FirstFederal Directives Supporting a National Employment First Policy Framework • CMS Informational Bulletin (September 2011) • Office on Special Education Programs July 2012 Letter reaffirming IDEA Provisions for LRE extend to Transition • National Council on Disabilities Report & Position Statement advocating for Repeal of FLSA Section 14(c) • NGA’s Disability Employment Initiative • Congressional action • Release of “Unfinished Business” Report (July 2012) • Senate HELP Committee Call to Governors • Introduction of Fair Wages for Workers with Disabilities (2011)

  30. TECHNICAL ASSISTANCEEmployment First State Leadership Mentor Program (EFSLMP) Promoting the promise and expansion of integrated employment by: Matching “protégé” states with a state mentor for policy and funding alignment (TN, OR, and IA) Providing intensive technical assistance for employment first strategic plan development and implementation from Subject Matter Experts Facilitating an ongoing Community of Practice for participating states

  31. Employment First State Leadership Mentor Program (EFSLMP): Unique Features Initiative is contract-based, not competitive grant State E1st Teams include I/DD, Medicaid, Education, VR, workforce investment, and mental health as required partners Focus is cross-disability systems change efforts CoP utilizes various virtual media, including web-based policy platform

  32. EFSLMP Current Structure: Mentor State Mentor State: Washington Washington implemented its Working Age Adult Policy in 2006, the first “Employment First” policy in the country. This policy was the culmination of over three decades of concerted activity to insure that persons with disabilities have quality of life through employment.

  33. EFLSMP Protégé States: Key Areas of Foci

  34. Community of Practice: Participating States Participating states include: Core EFLSMP States States that applied to be an EFLSMP core state but were unsuccessful AIDD Partnerships in Employment Systems Change Grantees 23 States included in Year 1: AR, CA, DC, DE, IA, ID, IL, KY, ME, MI, MS, MO, MT, NC, ND, NJ, NY, OR, RI, TN, VA, WA, WI Plans for Expansion of EFLSMP Community of Practice to 32 states in FY2013 Additional Year 2 AIDD Grantees (Alaska) DEI States not already captured through another eligibility criteria (In Program Year 2010, the DEI funded nine grantees at $22 million over three years: HI, IN, LA, KS, MA, MN, OH, SD.

  35. Additional Community of Practice Platform: ePolicy Works Web-based platform with three tiers: one large umbrella Employment First Group that will include all EFLSMP subcontracting states, all AIDD grantees, and any interested state who applied to either of these programs individual private state workgroups that allow each state who is participating in either the EFLSMP or who is an AIDD grantee or DEI grantee to have their own private state work group 3. accessible only to ODEP EFSLMP state subcontracting entities and Subject Matter Experts

  36. Comprehensive Resources: Key Policy Products/Templates • Draft State Executive Order • Draft Cross-Systems Regulatory Guidance • Draft Interagency Agreements on Blending/Braiding of Resources • Definition Alignment • Policy Audit • Touchpoints for Sustainability • Recommended Performance Metrics/Data Collection Points

  37. Comprehensive Resources Integrated Employment Toolkit www.dol.gov/odep/ietoolkit

  38. Employment First Rhetoric or Possibility?

  39. Transformational Leadership:Reform is Imminent

  40. Transformational Leadership:What Road will We Collectively Take? USE THE CURRENT FINANCIAL CRISIS AS AN OPPORTUNITY FOR SYSTEMS TRANSFORMATION

  41. Serena Lowe Senior Policy AdvisorOffice of Disability Employment PolicyU.S. Department of Labor202-693-7928 (Office) Lowe.Serena.D@dol.gov

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