Agenda

1. WIOA BasicsAn initial explanation of the Workforce Innovation and Opportunity Act and the impact on the partnership between IVRS and secondary education

2. Agenda WIOA Definitions Implementation of Pre-Employment Transition Services (Pre-ETS) Section 511 Memorandum of Agreement (MoA)

3. What is WIOA? Workforce Innovation and Opportunity Act 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.”

4. How does WIOA align with IDEA? Focus is on collaboration between IVRS, LEAs and other partners IVRS will work with schools to create a continuum of services Services will not supplant the legal responsibility of the schools Goal of this collaboration is to develop a system that will lead to competitive integrated employmentfor all students with disabilities

5. Definitions Youth with a disability Student with a disability Potentially eligible Pre-Employment Transition Services (Pre-ETS)

6. Youth vs. Student • Youth with a disability is an individual with a disability regardless if they are in school who: • Is not younger than 14 years of age; and • Is not older than 24 years of age

7. Student with a disability is an individual with a disability in an educational program who: • Is not younger than 14 years of age; and • Is not older than 21 years of age; or if the State allows for a higher maximum age is not older than that maximum age; and • Is eligible for and receiving special education or related services under part B of IDEA; or • Is an individual with a disability for purposes of section 504

8. Potentially Eligible Any student with a disability who is currently on an IEP or covered under a 504 Plan, regardless of whether the student has applied for or been determined eligible for IVRS Potentially eligible students can participate in Pre-Employment Transition Services (Pre-ETS)

9. Pre-Employment Transition Services (Pre-ETS) • Collaborative services that create a continuum of VR and LEA services for students with disabilities: • Required, authorized and coordinated activities • Designed to provide services in the early stages of the transition process • Available to all students with disabilities (including potentially eligible) • Pre-ETS are provided by IVRS in collaboration with LEAs unless the activities are transition services required in an IEP. In that case, these activities are the responsibility of the district/LEA

10. Pre-ETS – Required Activities Job Exploration Counseling Work-based Learning Experiences Counseling on Opportunities Workplace Readiness Training Self-Advocacy Instruction

11. Job Exploration Counseling • General job exploration counseling may be provided in a classroom, on an individual basis, or in a community setting and could include: • Information regarding in-demand industry sectors andoccupations, as well as nontraditional employment • Information about the labor market • Administration of vocational interest inventories • Identification of career pathways of interest to the students

12. Work-Based Learning Experiences • Work-based learning experiences may include opportunities that are: in-school, after school, or outside the traditional school setting. • Coordinating a school-based program of job training and informational interviews to research employers • Work-site tours to learn about necessary job skills • Job shadowing • Mentoring opportunities in the community • Internships • Short-term employment

13. Counseling on Opportunities • Counseling on these specific opportunities may include providing information on: • Course offerings • Career options • The types of academic and occupational training needed to succeed in the workplace • Postsecondary opportunities associated with career fields or pathways • Completing FAFSA

14. Workplace Readiness Training • Workplace readiness training services assist students with disabilities to develop the skills necessary to prepare for employment. These services could teach skills such as: • Communication and interpersonal skills • Financial literacy • Job-seeking skills • Understanding employer expectations for punctuality and performance, as well as other “soft” skills necessary for employment

15. Self-Advocacy Instruction • Instruction in self-advocacy services may be provided through generalized classroom lessons or individualized opportunities in which students: • Learn about their rights and responsibilities • Learn how to request accommodations or services andsupports • Communicate their thoughts, concerns, and needs, in order to prepare them for peer mentoring opportunities with individuals working in their area(s) of interest • Conducting informational interviews

17. Implementation of Pre-ETS Local teams should meet with IVRS to determine how to best implement Pre-ETS in their school Shared responsibilities + Collaboration = Positive Outcomes for Students

18. Limitations on Use of Subminimum Wage Effective 7/22/16 Any employer or organization that holds a “special wage certificate” which is issued to an employer under 14(c) of the FLSA and authorizes payment of subminimum wage for work performed. Section 511 prohibits compensation at less than minimum wage for work performed unless certain conditions are met.

19. Overview of Section 511 Provisions Requires students with disabilities to satisfy service-related requirements before starting work at subminimum wage; Requires VR and LEAs to provide documentation on those requirements; Requires VR to review the documentation of those individuals with disabilities in such employment who are known to IVRS.

20. Requirements Related to Students with Disabilities • Prior to subminimum wage employment the student must complete specific service-related requirements and produce documentation showing: • Pre-ETS provided that were in a competitive integrated environment; • Counseling and guidance on competitive integrated employment; and • Information and referral to State, Federal and local programs and providers that meet the student’s needs.

21. Documentation Process Related to Students with Disabilities IVRS, in consultation with the Department of Education, must develop or use an existing process that ensures that students with disabilities seeking subminimum wage employment receive documentation demonstrating completion of the required activities.

22. Documentation Process Related to Students with Disabilities (Cont’d) • The documentation process must ensure— • Documentation is provided to the student of all activities completed, regardless of whether they were completed under the VR program or IDEA • The LEA provides documentation to IVRS (if known to VR), within a reasonable period of time, of all transition services completed by the student under IDEA • Any documentation provided by the LEA to IVRS must comply with confidentiality requirements of the Family Education Rights and Privacy Act (FERPA) • IVRS and the LEA must retain copies of the documentation • Students who participate in services must receive the documentation within 45 calendar days

23. 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 student and/or family want to pursue subminimum wage employment.

24. Examples District contracts with entity to provide subminimum wage employment No District contracts with entity to provide uncompensated work experience or 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

25. 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)

26. Memorandum of Agreement (MoA) Purpose: Define responsibilities of both divisions within a tiered system of support Provide for efficient and effective utilization of agencies’ resources Minimize duplication Delineate a basis for continuous, effective working relationships between the two agencies

29. Current & Future DE/IVRS Collaboration Current collaboration continues DE representation on the State Rehabilitation Council (SRC) IVRS coordinates with DE in developing statewide VR plan IVRS representation on the Special Education Advisory Panel (SEAP) New requirements Coordination/collaboration on documentation requirements for youth known to seek subminimum wage Pre-ETS available to all students with disabilities

30. Questions