Training Session # 1
Disability Overview
MISSION
To ensure that youth with disabilities are provided full access to high quality services in integrated settings in order to maximize their opportunity for employment and independent living
COLLABORATIVE PARTNERS
l Center for Workforce Development, the Institute for Educational Leadership
l Disability Studies & Services Center, the Academy for Educational Development
l National Conference of State Legislatures
l National Association of Workforce Boards
l National Center on Secondary Education & Transition, the University of Minnesota
l National Youth Employment Coalition
l TransCen, Inc.
TYPES OF PRODUCTS AND RESOURCES
• How to Guides
• Information and Policy Briefs
• Backgrounders
• Hot Topics Syntheses
• Funding Sources
• Training Materials
What will you find in this Session?
l Disability Definitions & General Statistics
l Legislative Requirements for Serving Youth with Disabilities
– Americans with Disabilities Act (ADA)
– Individuals with Disabilities Education Act (IDEA)
– Vocational Rehabilitation Act (VR)
– Workforce Investment Act (WIA)
l Disability Awareness & Etiquette
l Resources/Handouts
Why is this Information Important?
l There is an increasing number of youth and adults with disabilities with varying needs and supports entering the workforce.
l The workforce development system needs to possess a general understanding of rights, responsibilities, and rules pertaining to disability issues and how best to work with various populations.
Disability Statistics(Lou Harris Poll- 2004)
l 54 million Americans have a disability
l 35% of working-age individuals with disabilities work full-time or part-time
l 78% of working-age individuals without disabilities work full-time
Employment of Youth in America
l Approximately half of the youth in America do not go on to college and, in turn, receive little assistance in making the transition from school to employment
l Between the ages of 18 and 27, the high school graduate not enrolled in a postsecondary educational program holds approximately six different jobs and experiences unemployment four to five times
Employment of Youth with Disabilities
l Exceptionally high levels of unemployment and underemployment
l High job turnover rate
l Extremely low levels of wage, promotion, and independent living
l Typically trained for low wage, entry-level jobs
l Guided towards certain jobs and careers due to misconceptions of disability
Why Focus on Youth with Disabilities?
Employment outlook for youth with disabilities remains poor as compared to employment outcomes for youth without disabilities
– There was a 12% decrease in unemployment for individuals without disabilities as compared to individuals with disabilities
– 60% unemployment rate for individuals with mild disabilities
– 80-90% unemployment rate for individuals with significant disabilities
Factors Influencing Poor Employment Prognosis
l Estimates of youth in juvenile corrections system with any type of disability range from 32-80%
l 34.1% of all persons with disabilities do not complete high school
l Enrollment of persons with disabilities in postsecondary programs is still 50% lower that it is for the general population
l Unemployment rate for persons with disabilities remains 60-70%
Diverse Disabilities
l Congenital v. Acquired Disabilities
l Visible v. Hidden Disabilities
l Sensory
l Physical
l Cognitive
Disability Legislation
l Americans with Disabilities Act (ADA)
l Individuals with Disabilities Education Act (IDEA)
l Vocational Rehabilitation Act (VR)
l Workforce Investment Act (WIA)
Definition of Disability(under the ADA)
l Anyone with a physical or mental impairment that substantially limits one or more of the following major life activities (examples):
– Walking - Working
– Speaking - Taking care of self
– Sitting - Learning
– Hearing - Breathing
– Thinking - Standing
– Seeing - Sleeping
– Concentrating - Reproduction
Definition of Disability(under the ADA) (Continued)
l Individuals associated with persons with disabilities (i.e., spouses, children, etc.)
l Anyone with a record of such impairment of substantial limitation
l Being regarded as having such an impairment
Americans with Disabilities Act (ADA) of 1990
l Prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and activities of state and local government
l Prohibits discrimination in private sector employment/training programs; and in state and local government employment, activities, and programs
Americans with Disabilities Act (ADA) of 1990 (continued)
l Covers compensation, promotion, fringe benefits, assignments, transfers, training, evaluations, discipline, social/recreation programs, application procedures, interviewing, and advancements
Titles of Americans with Disabilities Act (ADA)
l Title I: Employment
l Title II: State and Local Governments
l Title III: Private Entities
l Title IV: Telecommunications
l Title V: Miscellaneous Provisions
Important ADA Terminology
l Qualified person with a disability
l Essential job functions
l Reasonable accommodations
l Undue hardship
Qualified Person with a Disability
l An individual with a disability who can:
– satisfy the required skills, experience and education for the desired or held position and
– perform the “essential functions” of the position, with or without “reasonable accommodations.”
Essential Job Functions
These are the tasks that are fundamental and necessary to perform a given position. They do not include marginal duties.
Reasonable Accommodations
This is any change an employer makes that enables a qualified person with a disability to:
l Have equal opportunity in the selection process,
l Perform the essential functions, and
l Enjoy equal benefits and privileges of employment.
Reasonable Accommodations (Examples)
l Reasonable Accommodations may include:
– Extended breaks during work day
– Providing or modifying equipment
– Making facilities accessible and removing barriers
– Providing readers and sign language interpreters
– Allowing job coach participation
Undue Hardship
l An employer needs to provide accommodations unless the accommodation would require “significant difficulty or expense” based on:
l The size of the business operation
l The financial resources of the employer
Undue Hardship(Continued)
l The cost of the accommodation in relation to the size of the business and its resources,
– The disruption to other workers
– The alteration to the employer’s business or the changes in the delivery of services.
Undue Hardship Scenario #1
l There is a small not-for-profit employment establishment (approximately 20 employees). They have access to limited resources and one of the employees is deaf and is seeking a full-time interpreter as an accommodation. After exploring all possible options, the cost of hiring a full-time interpreter would be at least $20,000. The small business is not able to afford such a cost and must seek other sources of support (possibly through VR) to help compensate the business.
Undue Hardship Scenario #2
l An employer is seeking a full-time position for someone to perform various administrative duties while the office is open for operation (9-5 pm). One of the functions of the job is to answer the telephones during office hours. An employee with a disability is seeking alternate hours for working at this job (11-7 pm) as an accommodation. The employer would essentially have to waive the essential functions of the job as they were posted for the job opening. The office is only opened from 9-5 pm and an additional part-time position would need to be filled in order to accommodate the alternate hours. This may be viewed as an undue hardship to the employer.
Title II of the ADA
l Title II of the ADA covers public entities and public transportation. It contains 2 parts:
– Part 1: applies to all state and local governments and is enforced by the Department of Justice and designated federal agencies
– Part 2: applies to public transportation and is enforced by the Department of Transportation
The Individuals with Disabilities Education Act (IDEA)
l mandates public school districts receiving federal funds provide a “free appropriate public education” in the least restrictive environment
l mandates transition services including activities that promote the movement from school to post-school activities, and appropriate placement options for all students who are eligible
l prohibits public school students with disabilities from being excluded from school-based or work-based learning activities
IDEA (continued)
l requires the inclusion of a transition statement relating to a student’s course of study beginning at age 16
l focuses attention on how individual educational programs could be developed to help the youth successfully transition to life after high school
Definition of Disability(under the IDEA)
l As defined by IDEA, the term “child with a disability” means a child:
– With mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who by reason thereof, needs special education and related services.
Differences Between IDEA & ADA
l Free, Appropriate, Public Education (FAPE) vs. Reasonableness
l Benefit vs. Nondiscrimination
l Prescriptive vs. Flexible
l Services vs. Accommodations
l Definition of Disability
The Rehabilitation Act
l A priority to serve persons with severe disabilities was mandated.
l The establishment of the Individual Written Rehabilitation Program (IWRP) was a major step to ensure the enhanced involvement of the consumer in developing a rehabilitation plan of action.
Section 504 of the Vocational Rehabilitation Act
l Section 504 of the Vocational Rehabilitation Act states that no individual with a disability can be denied access to any program or activity that receives federal funds because of his/her disability.
l Programs that receive federal funds must be accessible to people with disabilities
– Barrier-free
– Reasonable accommodations must be provided
Section 508 of the Vocational Rehabilitation Act
l Section 508 of the Vocational Rehabilitation Act requires that federal agencies’ electronic and information technology be accessible to people with disabilities, including employees and members of the public
The 5 Titles of the Rehabilitation Act of 1973
l Title I- Vocational Rehabilitation Services
l Title II- Research & Training
l Title III- Special Federal Responsibilities
l Title IV- Administration and Program and Project Evaluation
l Title V- Miscellaneous
Rehabilitation Services under the Rehabilitation Act for eligible consumers provided at no cost
l Education and training
l Work training
l Assessment
l Referral services
l Vocational counseling
l Assistive technology
l Independent living skills
l Vocational evaluations
l Job placement
l Job coaching
l On-the-job training
l Post-employment services
Workforce Investment Act (WIA) of 1998
• Creates a comprehensive job training system that consolidates a variety of federally funded programs into a streamlined process allowing individuals to access job training and employment services easily; and
• Requires states to develop and implement workforce investment systems that fully include and accommodate the needs of individuals with disabilities
Five Titles of WIA
l Title I Workforce Investment Systems authorizes the new Workforce Investment System and provides services for adults, youth, and dislocated workers
l Title II Adult Education and Literacy
l Title III Workforce Investment Related Activities
l Title IV Rehabilitation Act Amendments of 1998.
l Title V General Provisions
WIA: Basic Principles
l Streamlining Services
l Empowering Individuals
l Universal Access
l Increased Accountability
l Strong Role for Local Boards
l State and Local Flexibility
l Improved Youth Programs
Workforce Development System
Encompasses organizations at the national, state, and local levels that have direct responsibility for planning, allocating resources (both public and private), providing administrative oversight and operating programs to assist individuals and employers in obtaining education, training, job placement, and job recruitment.
Workforce Development System
Included in this broad network are several federal agencies charged with providing specific education and/or training support and other labor market services such as labor market information. At the state and local levels the network includes state and local workforce investment boards, state and local career and technical education and adult education agencies, vocational rehabilitation agencies, recognized apprenticeship programs, state employment and unemployment services agencies, state and local welfare agencies, and/or sub-units of these entities.
Workforce Development System
A wide array of organizations provide direct education, training, or employment services (e.g. technical schools, colleges, and universities, vocational rehabilitation centers, apprenticeship programs, community based organizations, one-stop centers, welfare to work training programs, literacy programs, Job Corp Centers, unions, and labor/management programs).
One-Stop Career Center Services
l Core Services: available to all at no cost (work skills, exploration, job search)
l Intensive Services: if unable to get employment with core services (skills assessment, 1:1 resume consultation, case management, etc.)
l Training: if eligible and have not gotten employed with above services (work skills training, OJT training, adult education/literacy)
Benefits for Youth
l Information about local job/skills needed
l Skills development, interviewing, job search, resume writing
l Opportunities for internships, summer jobs, mentoring, etc.
l Learn about community resources
l Professional environment
Role of Youth Councils
l Coordinates youth activities
l Recommends youth service providers to Local Workforce Investment Boards (LWIB)
l Conducts oversight of youth activity providers
l Members must include:
– Parents - Members of LWIB
– Local public housing
– Job corps reps - Service agencies
Attitudes/Etiquette
l In addition to the present legislation, there is an underlying “spirit of the law” that deals with the interaction of the public with persons with disabilities.
l There are still misconceptions, lack of knowledge, and fear that accompany this interaction.
Attitudes Regarding Individuals with Disabilities
l Negative attitudes are often accompanied by lack of knowledge.
l Exposure to people with disabilities helps reduce stereotypes.
l Individuals with disabilities who learn alongside non-disabled peers have more success in schools, post-school environments and in workplaces than students who learn in segregated environments.
Attitudes Regarding Individuals with Disabilities
l Employers’ lack of knowledge may contribute to the myth that hiring individuals with disabilities is not cost-effective and they will contribute less to the profitability of the company as compared to individuals without disabilities.
Communicating With and About Persons with Disabilities
l Respect not pity
l It is important to use “person first language.”
l Emphasize an individual’s abilities- not limitations.
l Do not label individuals as part of a disability group.
l Be thoughtful and treat adults with disabilities as adults.
l Allow for independence and choice.
Communicating With and About Persons with Disabilities
l Always direct your communication to the individual with a disability. Never address your comments to the companion.
l Use normal speaking tone and style. If a louder voice is needed, the person will ask you to do so.
l When introduced, it is appropriate to offer to shake hands. People with limited hand use or artificial limbs can usually shake hands.
Contact NCWD/Youth
1-877-871-0744 (toll free)
1-877-871-0665 (TTY toll free)
www.ncwd-youth.info
www.highschoolhightech.net
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WHERE TO FIND ADDITIONAL INFORMATION
AND
QUESTIONS ???????