Draft Policy Points

February 10, 2015

For most of us, employment is a key factor in our sense of self and how people regard us. For people with disabilities, employment can insure inclusion. Recent activity and regulations have brought a new focus to employment for people across disability groups. This has included legal action in some states. These policy points are targeted to supports for all individuals with intellectual and developmental disabilities.

Areas of change or debate include:

•Large, segregated day or employment settings which receive federal funds through the home and community based waiver programs. Regulation changes especially focus on proving that inclusive and related community outcomes can be met despite the program’s location in a segregated setting

•Sheltered workshops are being phased out. This is for two reasons –their status as segregated settings and the use of “sub-minimum” wage. Among other groups, the NDRN (National Disability Rights Network) has come out against the practice. Certain states including Massachusetts are formally phasing out workshops.

•The use of “sub-minimum” wage certificates for group or individual community employment is also a source of concern. (Note that the DOL [Federal Dept. of Labor] has issued federal certificates to employment programs for “sub-minimum wage”). Television programs have targeted such practices and several disability advocacy groups are opposed to it.

•Employment providers have concerns regarding these changes mainly for special populations – such as those with or who have forensic history, complex medical conditions, an inability to work at a “typical” pace due to significant intellectual impairment, and extremely challenging behavioral conditions.

Position Statement

The Arc has set forth a clear position on employment which is located at thearc.org (see below too). We quote from some of it here. People should have:

•Opportunities for post-secondary education, including college and vocational training, to gain knowledge and skills to allow people to get better jobs.

•Ongoing planning to promote job advancement and career development.

•Fair and reasonable wages and benefits.

•Opportunities for self-employment and business ownership.

•Opportunities to work with and, in the case of people with I/DD who own small businesses, employ people without disabilities.

•The ability to explore new directions over time and, at the appropriate time, retire.

•Opportunities to work and increase earnings and assets without losing eligibility for needed public benefits.

The Arc of Massachusetts embraces the position statement of The Arc in full.
We add these additional comments for our state position.

The wide spectrum of skills and needs reflected among people with intellectual and developmental disabilities including autism, Down syndrome, cerebral palsy, Williams syndrome,among other conditions. Policies and practices should allow for some flexibility to insure that we can further employment outcomes for special populations.

  1. Inclusive settings should be the primary setting where individuals receive their support.
  2. Employment in competitive, integrated settings should be the primary goal of all employment programs.
  3. Separate or segregated settings should be used as a primary setting only after an inclusive setting is not feasible as determined by all parties including the individual, the family and referring parties.
  4. In such cases, inclusive experiences should be part of the individual’s weekly activities.
  5. One segregated setting should not be exchanged for another segregated setting.
  6. A review of the person’s status should be included in his/her individual plan at regular, appropriate intervals as decided by the full team with the agreement of the individual and the family or significant friend/advocate.
  7. Employment options for those in special populations should reflect realistic opportunities in community settings according to their abilities, skills and talents.
  8. Sub-minimum wages can be a legitimate tool for special populations if the work pace is not commensurate with the “typical” worker.
  9. Organizations which wrongfully apply commensurate wage procedures should be subject to reprimand and the appropriate consequences for their actions.
  10. A review of the person’s status in use of the “sub-minimum” wage should be included in his/her individual plan at regular, appropriate intervalsas decided by the full team with the agreement of the individual and the family or significant friend/advocate.

There are other improvements that will further employment:

  1. Schools should provide community-based vocational experience and other skills to ensure a positive transition from school to work or post-secondary education
  2. More youth opportunities for volunteering, unpaid internships and part-time jobs
  3. Addressing funding levels to meet training and supported employment ratios
  4. Enhancing training in best practices for employment at agencies
  5. Increasing efforts to educate employers on value of employees with an intellectual or developmental disability
  6. Increasing access to related services for employment such as transportation, assistive technology or accommodations for individuals and support agencies

**the link noted to The Arc Employment position: =2369 you can go to TheArc.org/WhoWeAre/PostionStatements/Employment