Fact sheet on VR programs for Native Americans/Alaskans

CANAR History/Background

The American Indian Vocational Rehabilitation Services Program (AIVRS program) is authorized by Title I, Part B, Section 110(c) and Part C, Section 121 of the Rehabilitation Act of 1973, as amended (the Act). Under the AIVRS program, discretionary grants are awarded on a competitive basis to governing bodies of Indian tribes located on federal and state reservations and to consortia of such governing bodies. These grants pay 90 percent of the costs of providing vocational rehabilitation (VR) services for American Indians who are individuals with disabilities residing on or near such reservations. The legislative foundation for this program came about in 1978 with reauthorization of the Rehabilitation Act. The AIVRS program has grown from one grantee in 1981 to 70 grantees in 2004. This growth is primarily a result of increases in the statutorily mandated minimum reserve of funds appropriated to the state VR services program, under Section 100(b)(1) of the Act.

With some exceptions, a typical AIVRS project employs about three to four staff and operates on a budget of about $350,000 per year. Section 121(b)(4) of the Act allows priority consideration to be given for the continuation of previously funded projects and most tribal governing bodies re-apply for funding at the end of each five year project period. Thus, a number of AIVRS projects have operated over many five year funding periods and are continually working to expand their capacity to provide VR services. The AIVRS projects are more successful than state VR agencies at providing VR services to American Indians with disabilities that reside on or near reservations because the projects maintain a continuous presence on the reservation, observe tribal customs, employ primarily native staff, use non-traditional native employment and, where possible, speak in the native language.

The authority to provide grants directly to Indian tribes located on federal and state reservations was introduced in the 1978 Amendments to the Act, in Title I, Section 130. Based on the legislative history, Congress intended that: 1) services provided under the AIVRS program were to be comparable to those provided under the state VR program; 2) the AIVRS program was a supplement to the state VR services program for American Indians living on the reservation provided in a culturally appropriate format; and 3) the AIVRS program was authorized to provide services traditionally used by Indian tribes.

Currently, Section 121(b) (1) (B) of the Act requires that, to the maximum extent feasible, AIVRS projects provide services to American Indians with disabilities that are comparable to those provided under Title I of the Act by state VR agencies to other individuals with disabilities within the state, continuing the original provisions. The statutory requirements for the

AIVRS program have never included language that addressed Congressional intent that the AIVRS program was to provide equal access to the same kind of program.

The only significant statutory changes for the AIVRS program were made as a result of the 1986 and 1998 Amendments. In 1986 eligible applicants for grants were expanded beyond the Navajo Nation to include any governing body of Indian tribes located on federal and state reservations. In 1998 grant periods were extended from three years to five years and services were authorized to be provided to American Indians living on or near reservations. In addition, the 1998 Amendments greatly expanded the participation of American Indians in many programs and activities funded under the Act.

During the time period between 1978 and 1998, the requirements of the state VR program related to the provision of VR services and the rights of individuals served by the state VR program changed and became more complex. Some of the requirements in Title I, Part A, that apply to state VR agencies are too burdensome for discretionary grants with a smaller scope, budget, and limited continuity due to the five year grant periods.

Over the past 14 years the AIVRS programs have achieved significant success in relation to the number and quality of programs along with the number of consumers served and successfully rehabilitated. The following tables graphically point this out.

AMERICAN INDIAN REHABILITATION PR0GRAM

FUNDING HISTORY

FROM 1990

Fiscal Year of Award	Total Amount Allocated	New Grants	Continuing Grants	Total Grants	% of Allocation Increase
1990	$3,821,000	4	10	14
1991	$4,082,000	2	12	14	6.80%
1992	$4,470,000	9	7	16	9.50%
1993	$6,202,940	11	11	22	38.80%
1994	$6,514,679	7	20	27	5.00%
1995	$10,271,000	14	19	33	57.70%
1996	$10,572,000	3	32	35	2.90%
1997	$12,000,000	4	35	39	13.50%
1998	$15,360,000	11	38	49	28.00%
1999	$17,283,000	6	49	55	12.50%
2000	$23,390,000	9	55	64	35.34%
2001	$23,998,000	2	64	66	2.60%
2002	$25,998,000	3	66	69	8.33%
2003	$28,436,142	3	67	70	9.38%
2004	$30,800,000	3	67	70	8.31%

AMERICAN INDIAN REHABILITATION PROGRAM

GPRA DATA (PERFORMANCE AND RESULTS)

FROM FFY 1997

Federal Fiscal Year	# Grantees Reporting	Clients Served	# Achieved Employment	# Not Achieved Employment	% Success
1997	34	2617	530	294	64
1998	39	3243	598	453	57
1999	48	3193	679	431	61
2000	55	4178	963	585	62
2001	64	4473	1088	595	65
2002	66	5003	1311	736	64
2003	69	5105	1452	748	66

Description of column headings:

FFY 1997 = October 1, 1996 to September 30, 1997

# Grantees Reporting: Caution, some grantees began serving clients the year they were first funded. Few or no clients achieved employment outcomes during the first year of a project.

# Clients Served = Number of persons with disability (ies) receiving services under an Individualized Plan for Employment (IPE). Assessment services provided in determining eligibility and the nature of the services needed are not included.

# Achieved Employment = Number of clients achieving an employment outcome after receiving VR services under an IPE.

# Not Achieved Employment = Number of clients not achieving an employment outcome after receiving services under an IPE.

% Success = # Achieved Employment divided by the # Achieved Employment plus the # Not Achieved Employment. The percentages for the three FFYs are very close to the same achieved by the aggregate of State VR Agencies.

Continuing to achieve the legislative principles requires updating the AIVRS program requirements (currently Part C, Section 121) by:

Adding language that fulfills the original intent that the AIVRS program provide equal access to the same kind of VR program as the state VR services program funded under Title I Part A; and
Adding language which will increase stability of the program by moving it from a grant-based to performance-based funding. This would be applied to existing programs performing well in their scope of work in relation to the spirit and principals of the Act. New programs would continue to be added via the grant process based on available funding.
Amend language that increases the minimum and maximum percentages of the Title I reserve for the AIVRS program at Section 110(c) from one percent to 1.5 percent.
Amend language that requires the Commissioner to incrementally increase funding for the AIVRS program through the Title I reserve to the present statutory limit in an incremental manner during this of reauthorization.
Adding statutory language which would further advance the concept of a Designated Tribal Unit with organizational location and administrative authorities similar to the designated state unit (DSU) at Section 101(a)(2) of the Act and 34 CFR 361.13(c).
Adding language which would assure the funding of all adequately performing programs before new programs are funded.
Adding language to allow AIVRS programs to secure reimbursement from the Social Security Trust Fund just as state VR programs currently do for those SSDI recipients returned to employment.