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Tools for Inclusion
People with Disabilities: Having a Voice in the Creation of the
New Workforce Investment System
By David Hoff, Institute for Community Inclusion

Introduction

Planning is currently underway which will result in major
changes in the employment and training systems across the
country. It is critical that people with disabilities and their
advocates be a part of these planning processes, which could
significantly impact services for people with disabilities.

The changes taking place are a result of the Workforce
Investment Act (WIA), a federal law which states must implement
by July 1, 2000. WIA brings together various federal job
training and employment programs into one integrated system of
services, which all people, including people with disabilities,
can access through One-Stop Centers located in each major
population area.

The purpose of this publication is to inform people with
disabilities and advocates about the opportunities available for
input into WIA implementation. Significant resource and service
delivery decisions are being made as part of WIA. This new
workforce investment system is intended to meet the needs of all
job seekers. Advocacy needs to take place now, so that the needs
of people with disabilities are not overlooked in the decisions
being made about how this new system will operate. As this new
workforce investment system is formed, it is important that
people with disabilities and advocates be proactive in their
approach, to avoid having to demand that it be modified or
"fixed" after the system has been fully established.

The new workforce system presents a tremendous opportunity to
expand the array and quality of services available to assist
people with disabilities to obtain and succeed in employment. In
the past, individuals with significant disabilities have not
usually benefited from the "generic" publicly funded employment
and training services. It appears that one of the intents of WIA
is to change this. People with disabilities are mentioned
throughout the WIA legislation and regulations, as among the
groups and individuals these services are designed to serve.
Additionally, there are very specific mechanisms within WIA
regulations to help ensure that individuals with disabilities
are well served within each state's workforce development system.

Q. What does WIA replace? What is different about WIA as
compared to previous legislation?

WIA replaces the Job Training Partnership Act (JTPA). While some
activities and services that occurred under JTPA will continue
in a similar way under WIA, others change significantly. Some of
the major changes are:

No more prerequisites for receiving services. Under WIA, all
adults age 18 and older are eligible for core services. Under
JTPA, only economically disadvantaged adults, age 22 or older,
received any services.

WIA establishes a One-Stop delivery system for accessing
employment and training services, in major population areas of
every state. In many locations, this replaces state, county or
local offices of employment and training (i.e., the unemployment
office).

Under WIA, Individual Training Accounts (ITAs) are established
for purchasing training services. Training was previously
provided through contracts with training providers.

Private Industry Councils (PICs) are replaced by Local
Workforce Investment Boards.

Q. What is the connection between the State Vocational
Rehabilitation system and WIA?

Under the legislation, each state's public Vocational
Rehabilitation system must be an integral component of the new
workforce investment system. The One-Stop service delivery
system under WIA has 19 mandated partners. The Vocational
Rehabilitation system is one of these mandated partners, and
Vocational Rehabilitation services will be available to at least
some degree via the One-Stop system. Specifics on how this will
happen will vary from state to state. However, Vocational
Rehabilitation will continue to exist as a separate program
under WIA, with its own federal funding source.

Q. In examining WIA, should the focus of people with
disabilities go beyond the role of Vocational Rehabilitation?

Yes. The role of state Vocational Rehabilitation is only part of
what people with disabilities and advocates should be concerned
with in looking at WIA. There are a wide range of services in
this new workforce system beyond those available from Vocational
Rehabilitation, to which people with disabilities are entitled
and from which they could benefit.

Q. Will services specifically for people with disabilities
continue to exist with the implementation of WIA?

Yes. A wide range of employment services specifically for people
with disabilities funded by a variety of sources (including
Vocational Rehabilitation, state Mental Health agencies, and
state Developmental Disability agencies), and delivered by
various public and private agencies (such as community
rehabilitation providers) will continue to exist. Some of these
agencies and services will have a connection with WIA; others
will not.

Q. What is the governing structure for WIA?

At the national level, the Employment and Training
Administration of the United States Department of Labor (USDOL)
coordinates the implementation of WIA.

At the state level, a State Workforce Investment Board,
appointed by the Governor of each state, provides monitoring and
coordination of each state's workforce investment system.

At the local level, the workforce investment system is
overseen by a Local Workforce Investment Board, located in each
major population area of a state. Under WIA, these local boards
have considerable discretion and flexibility, and make many
operational decisions, including the appointment of the local
One-Stop operators. The Local Board is appointed by the Chief
Local Elected Official (usually a mayor, or head of an elected
county board). A representative of the Vocational Rehabilitation
System sits on each Local Board, since the Local Boards must
include all One-Stop partners.

Board membership: The chair as well as fifty percent of the
members on the state and local boards must be from the business
community.

Q. Is there any requirement that people with disabilities sit on
Local Boards?

No. The WIA legislation urges, but does not require, the
inclusion on these boards of people with disabilities and
organizations that represent them.

Q. What are the required planning processes for the Workforce
Investment Act?

1. Development of State Workforce Investment Plans

2. Development of Local Workforce Investment Plans

3. Development in each state of the Methods of Administration
(MOA) for Implementation of the Nondiscrimination and Equal
Opportunity Provisions of WIA.

1. STATE PLANNING AND ACTIVITIES

Q. What are the requirements for State Plans?

Each state must submit a five-year plan to the USDOL, which
outlines the vision, goals, strategies, policies, and measures
for the state's workforce investment system.

Q. When are State Plans due?

State Plans must be submitted to USDOL by April 1, 2000. As of
January 1, 2000, eighteen State Plans have been submitted:
Florida, Illinois, Indiana, Kentucky, Louisiana, Minnesota,
Nevada, New Jersey, North Carolina, Oklahoma, Oregon,
Pennsylvania, Puerto Rico, Tennessee, Texas, Utah, Vermont, and
Wisconsin.

Q. Are states required to address the needs of people with
disabilities in State Plans?

Yes. All State Plans must include a description of how the needs
of people with disabilities will be met by the state's Workforce
Investment system. This must be specifically addressed in
Section IV of the plan, part 8 (adults) and Section IV, part 14
(youth).

Q. Are states required to collaborate with disability groups or
organizations?

The State Plan must include a description of how the state
collaborated with a wide variety of entities in the development
of the plan. The only disability-related organization a state is
specifically required to collaborate with is the state
Vocational Rehabilitation agency. However, there is a
requirement that states collaborate with "other interested
parties", including service providers, community-based
organizations, and advocates. People with disabilities and
organizations representing them could certainly fall into the
category of "other interested parties".

Q. Are states required to get input from the public prior to
submitting plans?

Yes. Each state must provide opportunities for public comments,
and the plan must describe the process used to obtain these
comments. All comments received, or a summary of comments, must
be included in the plan, along with a discussion of how this
input was considered in the plan development.

Q. Is there a specific amount of time required for public
comments on State Plans?

No. States are permitted to decide what they feel is an
appropriate amount of time for public comments on the State
Plan. However, the plan must indicate the timeline used for
obtaining comments.

2. LOCAL PLANNING AND ACTIVITIES

Q. What are the requirements for Local Plans?

Local Workforce Investment Boards must submit a five-year
comprehensive plan to the Governor of their state, describing
policies, procedures, and activities of the local workforce
investment service delivery area.

Q. When are Local Plans due?

The due date for Local Plans varies from state to state. The
implementation deadline for WIA is July 1, 2000, and it is
expected that by then, all Local Plans will be submitted and
approved by each state's Governor.

Q. Is there a requirement to address the needs of people with
disabilities in Local Plans?

There is no specific requirement that disability issues be
addressed in Local Plans, beyond discussion of how the public
Vocational Rehabilitation system will be included in the local
workforce investment system. However, the Local Plan is required
to be consistent with the State Plan, including how it addresses
the needs of people with disabilities. Additionally, a
responsibility of the Local Board is to organize the service
system to most effectively serve people with disabilities, as
part of its overall obligation to serve people with multiple
barriers to employment. Therefore, in its description of the
local service delivery system, it is reasonable to expect that
the Local Plan include how the needs of people with disabilities
will be met.

Q. Are Local Boards required to get input from the public prior
to submitting plans?

Similar to the State Plan, the Local Board must provide
opportunities for public input into the development of the Local
Plan. When the proposed Local Plan is completed, Local Boards
are required to allow at least a 30 day period for comment. Any
comments expressing disagreement with the plan must be submitted
by the Local Board to the Governor, along with the plan.

INFORMATION

State and local contact information is available from the
USDOL Employment and Training Administration web site:
<www.ttrc.doleta.gov/ETA>

Information on the status of State Plans, as well as copies of
some State Plans, are available at: <www.usworkforce.org>

You can also contact your state or local Department of Labor
or Employment, your Governor's office (who appoints the State
Board), or office of the Chief Local Elected Official (who
appoints the Local Board).

Information may also be available from your state, county, or
local government's web site. The State and Local Boards may also
have their own web sites or web pages. (Remember that prior to
July 1, 2000, Local Boards may still be using the name Private
Industry Council or Regional Employment Board).

If you are having difficulty finding the right contacts or
obtaining the information you want concerning WIA state and
local plans and activities, you should feel free to contact your
state and local elected representatives.

ACTION STEPS

What to do now:

Find out whether your:

  * State Workforce Investment Plan has been submitted to USDOL.
  * Local Workforce Investment Plan has been submitted to your
    state's Governor.

If your State or Local Plan has not yet been submitted, get
involved in plan development. Find out when the required period
of public comment on the plan takes place. Provide input and
feedback concerning the plan, and how it address the needs of
people with disabilities. Encourage other disability advocates
to do the same.

If your State or Local Workforce Investment Plan has been
submitted, obtain a copy of the plan and review it, to determine
how the needs of people with disabilities have been addressed.
If you have questions or concerns about what is in the plan,
contact your State or Local Workforce Investment Board, or your
elected state or local representatives.

What to do once WIA is implemented (after July 1, 2000):

Monitor Annual Report to USDOL: Each state is required to
report annually to USDOL on how the state's workforce investment
system is performing in helping people with disabilities find
and maintain employment, and what steps the state is taking to
ensure ongoing improvement in this area. Obtain this report to
monitor the state's perception of progress. Provide feedback
concerning what steps the state should be taking to improve
employment outcomes for people with disabilities. Hold the state
accountable for the commitments it makes to USDOL.

Attend State or Local Board Meetings: The State and Local
Workforce Investment Boards are required to have regular open
meetings. Call your State or Local Board and find out the
schedule and location of public meetings. Minutes of formal
meetings of the Local Board are available to the general public
upon request. Via these public forums, as well as through
individual contact with members of the board and other
officials, you can have input into how the workforce system is
meeting the needs of people with disabilities.

Monitor the local delivery of services under WIA: Monitor the
local delivery at One-Stop Centers and elsewhere of WIA services
to people with disabilities. Determine if local services are
following through on WIA's commitment to universal access and
meeting the needs of people with disabilities as part of overall
service delivery. Bring any questions or concerns you have to
the attention of One-Stop staff, the Local Board, and other
officials.

Provide input to the State Board on Local Board performance:
The State Board certifies Local Boards every two years. Provide
feedback to the State Board on how your Local Board and service
delivery area are performing in meeting the needs of people with
disabilities.

Consider becoming a member of your Local Workforce Investment
Board: Through membership on your Local Workforce Investment
Board, you can have a significant voice in the implementation of
the Local Plan and workforce investment activities. Local Boards
are required to make information available to the public
concerning how to become a member of the board; as noted
earlier, the boards are appointed by the Chief Local Elected
Official (usually the mayor of a major municipality, or elected
head of a county board). Remember that at least 50% of the
membership of each board must be employers. Human service
agencies may find better success in becoming a member of a board
as an employer, rather than a community agency. As members of
the local board, human service agencies can work to ensure that
people with disabilities are fully included in the workforce
development system. In addition, they can work with the local
system to address their own, often significant, workforce needs
as employers.

--

3. METHODS OF ADMINISTRATION (MOA) FOR NONDISCRIMINATION & EQUAL
OPPORTUNITY

Q. What is the MOA?

Each state's Governor is required to develop a written "Methods
of Administration" (MOA), which specifies how the state will
ensure that programs under WIA (including One-Stop Centers) do
not discriminate against any individual, group or population,
including people with disabilities. There are very specific
requirements concerning what information these MOA must contain,
such as how staff will be trained to ensure equal opportunity,
and how the state will monitor WIA programs for compliance. At
the end of this publication is a list of resources for obtaining
additional information on the Nondiscrimination and Equal
Opportunity Provisions of WIA.

Q. When are MOAs due?

Any state whose State Plan was approved by the USDOL by November
12, 1999 must submit its MOA to USDOL by May 6, 2000. All other
states must submit their MOA within 180 days of approval by
USDOL. This means that the due date for some state MOAs will
probably not be until late fall of 2000.

ACTION STEPS

What to Do Now

1. Find Out the MOA's status in your state: As this is written
(2/2000), development of many MOAs is just beginning. Find out
who is writing the MOA in your state, and when it will be
submitted to USDOL.

2. Provide Input Into the MOA's Development: There is no
requirement that public comment be incorporated into the
development of the MOA. However, possibly in conjunction with
other groups (such as organizations representing minorities and
individuals from diverse cultures), look and advocate for
mechanisms for providing input. At a minimum, consider sending
letters to your Governor and state elected representatives
concerning the MOA, specifying the type of requirements and
language it should contain to ensure that people with
disabilities fully benefit from services under WIA.

3. Obtain a copy: When the MOA is completed, obtain a copy.
Review it, and disseminate it to fellow advocates.

What to do once WIA is implemented (after July 1, 2000):

1. Monitor MOA Compliance: Monitor activities under WIA to
ensure that the state and local boards, and entities delivering
services under WIA, are complying with the MOA, and
nondiscrimination and equal opportunity regulations in general.
If necessary, utilize the complaint procedures within these
regulations to ensure that the rights of people with
disabilities to services under WIA are enforced.

2. Review and Update of MOA: The Governor of each state must
review and update the MOA at least every two years. As you
monitor compliance with the MOA, provide feedback concerning
modifications that should be made to ensure equal opportunity
for all individuals under WIA, including people with
disabilities.

Whom to Contact about the MOA:

For information on the status of your state's MOA, and to obtain
a copy when it is completed, contact your state Governor's
office, or your state department of labor, employment, or
training. Copies of the MOA may also be available from your
state government's web site, and from county and local
government offices.

RESOURCES

United States Department of Labor
Employment and Training Administration
Workforce Investment Implementation Taskforce
Employment and Training Administration
200 Constitution Avenue, NW
Room S5513
Washington, D.C. 20210
Voice: (202) 219-0316
FAX: 202-219-0323
E-mail: wia98tf@doleta.gov
WIA Information: www.usworkforce.org

General web site: www.doleta.gov

One-Stop web site: www.ttrc.doleta.gov/onestop

ETA: disAbility Online: www.wdsc.org/disability

ETA: disAbility Online - One-Stop information:
www.wdsc.org/disability/htmldocs/onestop.html
The Employment and Training Administration is the federal agency
overseeing the implementation of WIA.

WIA Legislation: WIA is officially known as "The Workforce
Investment Act of 1998, Public Law 105-220". Copies of the
actual legislation are available at <www.usworkforce.org>

WIA Regulations: Copies of the actual regulations for WIA, are
available from the Federal Register [available on-line at:
<www.access.gpo.gov/su_docs/aces/aces140.html>]

1. Workforce Investment Act, Final Rule; Part 652 of Title 20 of
the Code of Federal Regulations [20 CFR Part 652]; Federal
Register: April 15, 1999, Volume 64, Number 72 [available
on-line at: <www.usworkforce.org>]

2. Implementation of the Nondiscrimination and Equal Opportunity
Provisions of the Workforce Investment Act of 1998; Final Rule;
Part 37 of Title 29 of the Code of Federal Regulations [29 CFR
Part 37]; Federal Register, November 12, 1999, Volume 64, Number
218 [available on-line at:
<www.dol.gov/dol/_sec/public/regs/fedreg/final/99028202.htm>]

Information on Nondiscrimination Polices and WIA:

The Director
Civil Rights Center (CRC)
U.S. Department of Labor
200 Constitution Avenue NW, Room N-4123
Washington, D.C. 20210
Phone: (202) 219-8927
e-mail: CRC-WIA@dol.gov

Additional ICI Publications On WIA and One-Stop Career Centers

One-Stop Centers and Equal Opportunity: Overview of Federal
Requirements and Regulations (available 4/00)

One-Stop Centers: A Guide for Job Seekers with Disabilities

Policy Brief: Provisions in the Workforce Investment Act
Relating to Nondiscrimination on the Basis of Disability and the
Development by Governor of a Written Methods of Administration

Policy Brief: Provisions in the Workforce Investment Act
describing the Interplay Between Workforce Investment Systems
and Vocational Rehabiliation Programs

The Workforce Investment Act: Opportunities and Issues for the
Disability Community (available 4/00)

These publications are available via the Institute for Community
Inclusion Web Site at www.childrenshospital.org/ici, or by
contacting the Institute at (617) 355-6506; Fax: (617) 355-7940;
TTY: (617) 355-6956

For more information, contact:

David Hoff
Institute for Community Inclusion/UAP
Children's Hospital
300 Longwood Avenue
Boston, Massachusetts 02115
(617) 355-7486 (v)
(617) 355-6956 (TTY)
hoff_d@a1.tch.harvard.edu
www.childrenshospital.org/ici

Acknowledgements

Editorial assistance provided by: Danielle Dreilinger, Sheila
Fesko, William Kiernan, Melanie Jordan, Robert Silverstein,
David Temelini, Cynthia Thomas

This is a publication of the Center on State Systems and
Employment (RRTC) at the Institute for Community Inclusion/UAP
(#H133B980037), which is funded, in part, by the National
Institute on Disability and Rehabilitation Research (NIDRR) of
the US Department of Education. The opinions contained in this
publication are those of the grantees and do not necessarily
reflect those of the US Department of Education.

Institute for Community Inclusion/UAP Center on State Systems
and Employment (RRTC)
Children's Hospital, 300 Longwood Avenue, Boston, MA 02115
University of Massachusetts Boston, 100 Morrissey Boulevard,
Boston, MA 02125

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