H.R. 27, THE JOB TRAINING IMPROVEMENT ACT OF 2005, AS PASSED BY THE U.S. HOUSE OF REPRESENTATIVES:
A SECTION-BY-SECTION ANALYSIS
FROM A DISABILITY PERSPECTIVE
Prepared for the National Center on Workforce and Disability/Adult
Institute for Community Inclusion
University of Massachusetts Boston
By
Robert (Bobby) Silverstein
Center for the Study and Advancement of Disability Policy
www.disabilitypolicycenter.org
Email: Bobby@CSADP.org
This memorandum highlights the key disability-related provisions in H.R. 27, the Job Training Improvement Act of 2005. The House of Representatives passed H.R. 27 on March 2, 2005 by a vote of 224 to 220. Specifically, the memorandum focuses on Title I of the bill, which includes amendments to Title I of the Workforce Investment Act (WIA), and Title IV of the bill, which includes amendments to the Rehabilitation Act of 1973. Disability-related amendments to Title I of WIA and amendments to the Rehabilitation Act are highlighted in italics.
AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT
Purposes
WIA was enacted in 1998 to unify a fragmented employment and training system into a more comprehensive workforce investment system that would better serve job seekers and employers. In addition to the general purposes of the legislation set out in current law, H.R. 27 would amend Section 106 of WIA to include an additional purpose particularly relevant to persons with disabilities: to provide workforce investment activities in a manner that promotes the informed choice of participants and actively involves participants in decisions affecting their participation in such activities.
State Workforce Investment Boards
Membership. Section 111(b) of WIA specifies the membership of the State Workforce Investment Board (SWIB). H.R. 27 would amend Section 111(b) of WIA to specify that the SWIB must include, among others, the director of the designated State unit of the vocational rehabilitation program under Title I of the Rehabilitation Act, except that in a State that has established two or more designated State units to administer the vocational rehabilitation program, the board representative must be the director of the designated State unit that serves the most individuals with disabilities in the State. In addition, Section 111(b) is amended by deleting “representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including… community-based organizations within the state.”
Functions. Section 111(d) of WIA specifies the general functions the SWIB is expected to perform. H.R. 27 would amend Section 111(d) of WIA to include specific functions impacting the provision of services to persons with disabilities: development and review of statewide policies affecting the integrated provision of services through the one-stop delivery system, including the criteria for the allocation of one-stop center infrastructure funding and oversight of the use of such funds and approaches to facilitating equitable and efficient cost allocation in one-stop delivery systems.
State Plan
H.R. 27 would amend Section 112(a) of WIA to specify that the state must develop a two-year strategy for the statewide workforce investment system (the state plan) instead of a five-year strategy.
H.R. 27 would amend Section 112(b) of WIA to specify that the state plan must describe how the State will serve the employment and training needs of individuals with disabilities, consistent with Section 188 (nondiscrimination/equal opportunity) and Executive Order 13217 (relating to community based alternatives for individuals with disabilities), including the provision of outreach, intake, assessments, service delivery, the development of performance measures, and the training of staff and other aspects of accessibility to program services, consistent with sections 504 and 508 of the Rehabilitation Act of 1973.
H.R. 27 would also amend Section 112(b) of WIA to require the state plan include a description of the methodology for determining one-stop partner program contributions for the cost of the infrastructure of one-stop centers and of the formula for allocating such infrastructure funds to local areas (see below).
Local Workforce Investment Boards (Composition)
Section 117(b) of WIA specifies that each local workforce investment area must establish a local workforce investment board (LWIB). LWIBs must include representatives of business and others. Under H.R. 27, LWIBS no longer would be required to include as members mandatory partners (e.g., state vocational rehabilitation program). However, H.R. 27 would allow the local boards to establish or continue advisory councils to assist the board. Such advisory council(s) may include a council composed of one-stop partners and others. In addition, the requirement to establish a youth council has been eliminated.
Local Plan
H.R. 27 would amend Section 118(a) of WIA to specify that consistent with the state plan, the LWIB must develop and submit to the Governor a two-year local plan in partnership with the appropriate chief elected official. The contents of the local plan would be amended to include a description of the one-stop delivery system, including a description of how the LWIB will ensure the continuous improvement of eligible providers of services through the system and ensure that such providers meets the employment needs of local employers and participants. In addition, the local plan must describe how the local area will serve the employment and training needs of individuals with disabilities, consistent with section 188 and Executive Order 13217 including the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to program services, consistent with section 504 and 508 of the Rehabilitation Act of 1973.
Establishment of One-Stop Delivery System
Additional Partners. H.R. 27 would amend Section 121(b)(1) of WIA to include TANF agencies as mandatory partners. In addition, H.R. 27 would amend Section 121(b)(2) of WIA to authorize LWIBs and the chief elected official to expand the One-Stop partners to include employment and training programs administered by the Social Security Administration, including the Ticket to Work program and programs carried out in the local area for individuals with disabilities, including programs carried out by State agencies relating to mental health, mental retardation, and developmental disabilities, State Medicaid agencies, State independent Living Councils, and Independent Living Centers.
Certification of Centers. H.R. 27 would amend Section 121 of WIA to add a new subsection (g) that specifies, among other things, that the SWIB must establish procedures and criteria for periodically certifying one-stop center for the purpose of awarding the one-stop infrastructure funding. The criteria for certification must include minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners and how the centers ensure that such providers meet the employment needs of local employers and participants. One-stop centers receiving certification are eligible to receive infrastructure grants.
One-Stop Infrastructure Funding. H.R. 27 would amend Section 121 to add a new subsection (h) of WIA to specify that, notwithstanding any other provision of law [such as the provisions of Title I and Title VII of the Rehabilitation Act of 1973, as amended], a portion of the Federal funds provided to the State under programs provided by mandatory and participating additional partners must be provided to the Governor by such programs to pay the costs of infrastructure.
The Governor, in consultation with the State board, must determine the portion of funds to be provided by each one-stop partner. In making this determination, the Governor, in consultation with the State board, must consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers.
The funds provided by each one-stop partner to pay for the infrastructure costs must be provided only from funds available for the costs of administration under the program administered by the partner and are subject to the limitations with respect to the portion of funds that may be used for administration. Programs that are considered Federal direct spending under the Balanced Budget Act are not required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State.
The Governor must allocate infrastructure funds to local areas in accordance with a formula that meets specified criteria established by the State board, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers.
The term "costs of infrastructure" means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including adaptive technology for individuals with disabilities), strategic planning activities for the center, and common outreach activities.
H.R. 27 would amend Section 121 of WIA to add a new subsection (i) which specifies that in addition to funds used to support the infrastructure costs, a portion of Federal funds made available under partner programs (e.g., the funds made available to support the State VR program under Title I of the Rehabilitation Act) and participating additional partner programs, or the noncash resources made available under such programs, must be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from infrastructure funds to the extent not inconsistent with the Federal law involved. These costs must include infrastructure costs that are in excess of the funds provided under subsection (h), common costs that are in addition to the costs of infrastructure, and the costs of the provision of core services applicable to each program.
The method for determining the appropriate portion of funds to be provided by each program shall be determined as part of the memorandum of understanding. The State board must provide guidance to facilitate the determination of appropriate funding allocation in local areas.
Eligible Providers of Training Services
H.R. 27 would amend Section 122 of WIA to specify criteria used by the Governor to identify eligible providers of training services and supports. The criteria must take into account the performance of providers of training services with respect to performance indicators described in section 136 or other appropriate indicators (taking into consideration the characteristics of the population served and relevant economic conditions) and other appropriate factors. The Governor may authorize local areas in the State to establish additional criteria or to modify criteria established by the Governor.
Core, Intensive, and Training Activities
Current regulations implementing WIA, as originally enacted, require sequencing of services; e.g., only persons unable to obtain employment through core services are eligible for intensive services, and only persons unable to obtain employment through intensive services are eligible for training services. H.R. 27 would amend Section 134(c)(3) of WIA to provide that if an individual were unlikely or unable to obtain suitable employment through core services, and needed intensive services, the individual would be eligible for intensive services. Eligibility for training services is also changed to require a determination that an individual is unlikely or unable to obtain or retain suitable employment through intensive services [Section 134(c)(4) of WIA, as amended by H.R. 27].
Statewide Employment and Training Activities
H.R. 27 would amend Section 134(a)(3) of WIA to specify that statewide employment and training activities may include implementing innovative programs such as programs serving individuals with disabilities consistent with Section 188 and developing strategies for effectively serving hard-to-serve populations and for integrating programs and services among one-stop partners.
Enhanced Individual Training Accounts
H.R. 27 would amend Section 134(c)(4) of WIA (as redesignated) to specify that each LWIB may, through one-stop centers, assist individuals receiving individual training accounts through the establishment of such accounts that include, in addition to training funds provided under Title I of WIA, funds from other programs and sources that will assist the individual in obtaining training services.
H.R. 27 would amend Section 134(c)(4) (as redesignated) to specify that training services may be provided pursuant to a contract for services in lieu of an Individual Training Account to serve special participant populations that face multiple barriers to employment. The phrase "special participant population that faces multiple barriers to employment" would be amended to include individuals with disabilities.
Local Employment and Training Activities
H.R. 27 would amend Section 134(d) of WIA to permit local employment and training activities to include, among other things, customer support to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities.
Performance Accountability System
State Performance Measures. H.R. 27 would amend Section 136(b) of WIA to delete “customer satisfaction” as an indicator of performance. Furthermore, the bill would drop the exclusion of those receiving self-service and information activities from the measures; i.e., all participants would be included in the performance measures. In addition, the bill retains the following core indicators of performance: entry into unsubsidized employment, retention in unsubsidized employment 6 months after entry into the employment, and earnings received in unsubsidized employment 6 months after entry into the employment AND deletes the current adult program performance indicator of the attainment of a recognized credential relating to achievement of educational skills.
Agreements on levels of performance for each of the core indicators of performance covered by the state plan must take into account how the levels involved compare with State adjusted levels of performance established for other States, which must be adjusted based on factors including differences in economic conditions such as unemployment rates and job losses or gains in particular industries, the characteristics of participants when the participants entered the program such as indicators of poor work history, lack of work experience, low levels of literacy or English proficiency, and disability status, including the number of veterans with disabilities, and welfare dependency, and the services to be provided.
H.R. 27 would permit (but no longer require) SWIBs to include as an indicator customer satisfaction of employers and participants with services received from the authorized workforce investment activities.
H.R. 27 would amend Section 136(d) relating to state reporting to the Secretary by adding a requirement that the state report must include, at a minimum, information on participants in workforce investment activities relating to the number of participants served and the cost per participant.
Local Performance Measures. H.R. 27 would amend Section 136(c) of WIA to specify that local measures of performance must consist of the core indicators applicable at the state level. Customer satisfaction is dropped as a mandatory indicator of performance. In addition, the bill specifies that in determining local levels of performance, the LWIB, the Chief Elected Official, and the Governor must ensure that such levels are adjusted, based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries),demographic characteristics, or other characteristics of the population to be served in the local areas, such as poor work history, lack of work experience, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency.
Incentive Grants for States and Local Areas
H.R. 27 would amend Section 136(i) of WIA to specify that the Secretary may award incentive grants for exemplary performance of the state for, among other things, performance in serving special populations, including the levels of service provided and the performance outcomes. The funds awarded to a State may be used to carry out any authorized activities, including demonstrations and innovative programs for special populations.
In addition, the Governor may award incentive grants to local areas on the basis of, among other things, exemplary performance of the local areas in serving special populations, including the levels of service and the performance outcomes. The funds awarded to a local area may be used to carry out any authorized activities, including demonstrations and innovative programs for special populations, as may be approved by the Governor.
Training for Realtime Writers
H.R. 27 amends Section 171 of WIA to authorize the Secretary to make competitive grants to eligible entities to promote training and placement of individuals as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 723 of the Communications Act of 1934.
AMENDMENTS TO THE REHABILITATION ACT OF 1973
Title IV of H.R. 27 includes amendments to the Rehabilitation Act of 1973.
Findings
H.R. 27 would add a new finding to Section 2(a) of the Rehabilitation Act: there is a substantial need to improve and expand services for students with disabilities under this Act.
Rehabilitation Services Administration
Currently, the Commissioner of the Rehabilitation Services Administration (RSA) is appointed by the President with the advice and consent of the U.S. Senate. H.R. 27 includes several amendments. First, the head of RSA would be called the director, instead of the Commissioner. Second, the director would be appointed by the Secretary, instead of the President, except that the current Commissioner (appointed under the authority existing on the day prior to the enactment of H.R. 27) may continue to serve in her former capacity.
Definitions
H.R. 27 would amend Section 7 of the Rehabilitation Act to include a definition for the term “student with a disability” to mean an individual with a disability who—is not younger than 16 and not older than 21; has been determined to be eligible [for vocational rehabilitation services]; and is eligible for, and is receiving special education under part B of IDEA or is an individual with a disability for purposes of Section 504.
H.R. 27 would also amend Section 7 of the Rehabilitation Act to include a definition for the term “transition services expansion year” to mean the first fiscal year for which the amount appropriated [for Title I of the Rehabilitation Act] exceeds the amount appropriated for fiscal year 2004 by not less than $100,000,000 and for each fiscal year subsequent to that first fiscal year.
State Plan
H.R. 27 would amend Section 101(a) of the Rehabilitation Act pertaining to the state plan in several respects. First, with respect to coordination with educational officials, the bill would permit consultation and technical assistance by the state vocational rehabilitation agency to be provided using alternative means of meeting participation (such as video conferences and conference calls).
Second, the state plan must include an assurance that the designated State unit and the lead agency responsible for carrying out duties under the Assistive Technology Act of 1998, as amended, have developed working relationships and coordinate their activities.
Third, the provision related to assessments would be amended by focusing assessments on, among other things, in a transition services expansion year, students with disabilities, including their need for transition services. In addition, the provision related to assessments would include an assessment of the transition services [provided under the Rehabilitation Act], and coordinated with transition services under [IDEA], as to those services meeting the needs of individuals with disabilities. Further, the provision related to strategies would include the following text: in a transition services expansion year, the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services [under the Rehabilitation Act] or to postsecondary education or employment.
Fourth, a new paragraph is added to the state plan describing services for students with disabilities. The state plan for a transition services expansion year shall provide an assurance satisfactory to the Secretary that the State has developed and implemented strategies to address the needs identified in the assessment and achieve the goals and priorities identified by the state to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis according to the assessment of need.
Fifth, H.R. 27 adds a new Section 110A that sets aside a specified amount of the state’s allocation to be used in a transition services expansion year to carry out programs and activities designed to improve and expand vocational rehabilitation for students with disabilities. Five categories of programs and activities are specified in the section of the bill pertaining to the state plan:
(1) Facilitate the transition of students with disabilities from receipt of educational services in school to the receipt of vocational rehabilitation services under the Rehabilitation Act (including at a minimum, services specified in the interagency agreement between the state vocational rehabilitation agency and the state educational agency);
(2) Improve the achievement of post-school goals of students with disabilities (such as through participation in IEP meetings);
(3) Provide vocational guidance, career exploration services, and job search skills and strategies and technical assistance to students with disabilities;
(4) Support the provision of training and technical assistance to state and local educational agency and state vocational rehabilitation agency personnel responsible for the planning and provision of services to students with disabilities; and
(5) Support outreach activities to students with disabilities who are eligible for and need services under Title l of the Rehabilitation Act.
Scope of Services
H.R. 27 would amend Section 103(a) of the Rehabilitation Act pertaining to scope of vocational rehabilitation services for individuals by adding transition services for students with disabilities that facilitate the achievement of the employment outcome identified in the individualized plan for employment (IPE), including in a transition services expansion year, services described above.
With respect to the scope of vocational rehabilitation services for groups of individuals, H.R. 27 includes the following additions: in a transition services expansion year, training and technical assistance i.e., consultation and technical assistance services to assist state and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. In a transition services expansion year, services for groups of individuals with disabilities, including services in categories (1), (2), (3), and (5) described above to assist in the transition from school to post-school activities. In addition, with respect to the scope of vocational rehabilitation services for groups of individuals, H.R. 27 includes the establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998, as amended, to promote access to assistive technology for individuals with disabilities and employers.
Standards and Indicators
H.R. 27 would amend Section 106(a) of the Rehabilitation Act by retaining the policy that the standards and indicators must include outcome and related measures of program performance that facilitate the accomplishment of the purpose and policy of Title I of the Rehabilitation Act, and by adding the following: the standards and indicators shall include outcome and related measures of program performance that, to the maximum extent practicable, are consistent with the core indicators of performance, and corresponding state adjusted levels of performance established under Title I of WIA, and include measures of the program’s performance with respect to the transition to post-school vocational activities, and achievement of the post-school vocational goals, of students with disabilities served under the vocational rehabilitation program.
Client Assistance Program
H.R. 27 would amend Section 112(e) of the Rehabilitation Act to direct the Secretary of Education to make grants to the protection and advocacy system serving the American Indian Consortium to provide protection and advocacy services. The amount of such grants will be the same as provided to territories.
Protection and Advocacy of Individual Rights
H.R. 27 would amend the carryover provisions set out in Section 509(g) of the Rehabilitation Act. Currently, under this section any amount paid to an eligible system for a fiscal year that remains unobligated at the end of such year shall remain available to such system for obligation during the next fiscal year for the purposes of which such amount was paid. The amendment adds the following proviso “except that program income generated by such amount shall remain available to such system for one additional fiscal year.”
Selection of the Chairperson of the Statewide Independent Living Council
H.R. 27 would amend Section 705(b) of the Rehabilitation Act to clarify that the Statewide Independent Living Council shall select a chairperson from among the voting membership of the Council.
