Implementing WIOA Section 188’s Equal Opportunity Provisions 80th Annual NASWA Conference Oklahoma City, OK September 27-29, 2016 Good morning everyone….I work with National Disability Institute, which holds the contract for the LEAD center - based in DC however I live in Boston. I’ve been in the field of disability-employment for 20 years – mostly because I grew up with several family members with developmental disabilities and mental illness – schizophrenia. I also got involved with the Deaf community and became fluent in ASL. I worked in the MA workforce development system as well, and have implemented a lot of the strategies we’ll touch on today. I hope to give you a baseline of Section 188 as it pertains to pwd and touch on some key strategies.

welcome Jamie Robinson Training & Technical Assistance Workforce Development, LEAD Center National Disability Institute Washington, DC jrobinson@ndi-inc.org P: 202.684.6170 Today, Danielle and I will be talking about our collaboration between MO and LEAD around Section 188 and creating and inclusive workforce system. We have been working together for over a year now and have learned a lot about expanding access and inclusion in MO through surveying and training.

The National Center on Leadership for the Employment and Economic Advancement of People with Disabilities (LEAD) is a collaborative of disability, workforce and economic empowerment organizations led by National Disability Institute with funding from the U.S. Department of Labor’s Office of Disability Employment Policy, Grant No. #OD-23863-12-75-4-11. This document does not necessarily reflect the views or policies of the U.S. Department of Labor’s Office of Disability Employment Policy, nor does the mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government. LEAD is for workforce professionals – great resource for webinars, training, policy updates and briefs, what’s new in policy and practice, best practices

Lead center mission www.leadcenter.org To advance sustainable individual and systems level change that results in improved, competitive integrated employment and economic self-sufficiency outcomes for individuals across the spectrum of disability. www.leadcenter.org Agenda for today…gives you a snapshot of WIOA from a disability perspective in terms of the significant changes and first time additions.

Agenda WIOA from a Disability Perspective: Areas of Interest WIOA Section 188 Section 188 Disability Reference Guide Missouri Workforce Development: Using Section 188 as a Blueprint for Improving Equal Opportunity Agenda for today…gives you a snapshot of WIOA from a disability perspective in terms of the significant changes and first time additions. Greater understanding of the WIOA Joint Final Rule as it relates to people with disabilities,

IMPLEMENTING TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT FINAL RULE: IMPLEMENTING TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT (Workforce Development Systems) On July 22, 2014, President Obama signed into law Public Law No. 113-128, the Workforce Innovation and Opportunity Act (WIOA). WIOA is the first legislative reform of the public workforce development system in more than 15 years. Title I of WIOA reaffirms the role of the customer focused one-stop delivery system, a cornerstone of the public workforce development system, and enhances and increases coordination among several key employment, education, and training programs.

WIOA JOINT FINAL RULE (PRE-PUBLICATION BUT PUBLICALLY AVAILABLE) On June 30, 2016, the Departments of Labor and Education issued a Joint Final Rule to implement jointly administered activities authorized under Title I of WIOA (Joint WIOA Final Rule). This Joint WIOA Final Rule provides guidance for State and local workforce development systems that increase the skill and credential attainment, employment, retention, and earnings of participants, especially those with significant barriers to employment (which includes individuals with disabilities). ADDITIONAL WIOA FINAL RULES Title I (Workforce Development) and Title III (Wagner-Peyser) of WIOA published by U.S. Department of Labor Title I of the Rehabilitation Act of 1973 as amended by Title IV of WIOA by U.S. Department of Education

WIOA from a Disability Perspective: areas of interest Unified and Combined State Plans Performance Accountability (Section 116 of WIOA) American Job Center (AJC) Accessibility Certification Inclusive Career Pathways Coordination of Youth Services Coordination between employment/training and programs for individuals with disabilities Customized Employment added as strategy for competitive integrated employment Inclusion of Financial Literacy Unified/Combined State Plans provide framework for States to outline strategic vision/goals for how their workforce development systems will achieve purposes of WIOA. Individuals with disabilities must be a part of State/Local Strategic Plans - Plans must include cross-system collaboration. The Plans serve as 4-year action plans to develop, align, and integrate the State’s systems and provide a platform to achieve the State’s vision and strategic and operational goals. Performance Accountability - Section 116 of WIOA establishes performance accountability indicators and performance reporting requirements to assess the effectiveness of States and local areas in achieving positive outcomes for individuals served by the core programs. The State performance report must be submitted annually using a template the Departments will disseminate and must provide, at a minimum, information on the actual performance levels achieved with respect to specific criteria for individuals with and without disabilities. The total number of participants served, and the total number of participants who exited each of the core programs, including disaggregated counts of those who participated in and existed a core program by, among others, individuals with barriers to employment (which includes individuals with disabilities). Information on the performance levels achieved for the primary indicators of performance for all the core programs, including disaggregated levels for, among others, individuals with barriers to employment. The average cost per participant for those participants who received career and training services, respectively, during the most recent program year and the preceding program years for, as applicable to the program. AJC Accessibility Certification All comprehensive one-stop centers must be certified at least once every 3 years for physical and programmatic accessibility for individuals with disabilities, as described in 29 CFR part 38, the implementing regulations of Section 188 of WIOA (nondiscrimination/equal opportunity). States are required in their State Plans to include a description of their career pathways strategy and how it will be integrated across core programs. WIOA calls for the creation of career pathways for all youth participating in Title I programs, which individuals with disabilities are eligible for. All youth participating in Title I programs must be highly involved in the design and implementation of their career pathways services in order to best meet their needs. Coordination – Including activities carried out by: Statewide Independent Living Councils Centers for Independent Living Financial literacy services are considered individualized career services and must be made available if determined to be appropriate in order for a youth or adult to obtain or retain employment. Final rule added to list of activities that address the particular financial literacy needs of youth with disabilities, including connecting them to benefits planning and work incentives counseling

AJC ACCESSIBILITY CERTIFICATION Actions include, but are not limited to: Providing reasonable accommodations for persons with disabilities Making reasonable modifications to policies, practices, procedures to avoid discrimination against persons with disabilities Administering programs in the most integrated setting appropriate Communicating with persons with disabilities effective as others Providing appropriate auxiliary aids and services, including assistive technology devices, to afford persons with disabilities equal opportunity to participate in programs/activities Providing for the physical accessibility of AJC to persons with disabilities ALL are examples of equal opportunity under Section 188.

SECTION 188 So I know everyone is familiar with Section 188, but to get everyone on the same page in terms of how disability fits in….

What is Section 188? Section 188 implements the nondiscrimination and equal opportunity provisions of WIOA, which are contained in section 188 of the statute. Section 188 prohibits discrimination on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief, among other bases. Section 188 also requires that reasonable accommodations be provided to qualified PWD in certain circumstances. Section 188 of WIOA contains provisions identical to those in Section 188 of WIA. The regulations for Section 188 of WIOA can be found at 29 CFR Part 38.

Who does Section 188 apply to? (29 CFR §38.2, 38.4) “Recipients” are defined as: Any entity to which financial assistance under WIOA Title I is extended, including: State level agencies that administer or are financed by WIOA Title I funds State Employment Security Agencies State and local Workforce Investment/Development Boards One-Stop Operators Service providers, including eligible training providers On-the-Job Training employers Job Corps contractors and center operators (excluding federally-operated Job Corps centers, and Programs and activities that are part of the One-Stop delivery system that are operated by One-Stop partners

Who is a Person with a disability? For the purposes of the 188 Reference Guide, the term “individual with a disability” is defined in the current Section 188 regulations as an individual with “a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.” Same as the ADA

What is a reasonable accommodation? “Reasonable accommodation” is defined in the current Section 188 regulations as “modifications or adjustments”: To an application/registration process that enables a qualified applicant/registrant with a disability to be considered for the aid, benefits, services, training or employment that the qualified applicant/registrant desires; That enable a qualified individual with a disability to perform the essential functions of a job, or receive aid, benefits, services, or training equal to that provided to qualified individuals without disabilities; That enable a qualified individual with a disability to enjoy the same benefits and privileges of the aid, benefits, services, training, or employment as are enjoyed by other similarly situated qualified individuals without disabilities.” As with the term disability….not many people will come in say “I have a disability and I am requesting a reasonable accommodation”. AJCs are required to provide reasonable accommodation for individuals with disabilities to ensure equal access and opportunity. Few examples…. Sign language interpreters and assistive technology – these have cost associated Simple like needing extra time to take an assessment test, printing off info in large print, customer sitting near front of orientation to see or hear better, private space as opposed to being in cubicle, working with person’s job coach

What is universal access? Universal Access is taking appropriate steps to ensure access to programs and activities for all eligible individuals, including individuals with disabilities. In order to ensure universal access, an AJC must pay particular attention to the various functions it performs, including strategic planning; marketing and outreach; consultation with community groups; operational collaboration among partners; training; intake, registration, and orientation; and service delivery. Another term you see in the Section 188 material is Universal Access…. AJCs serve such a diversity of people — including those with and without disabilities —so the system necessitates a universal access approach so it is more usable by everyone. When considering accessibility for people with disabilities, it is important to review the entire program, service, or activity as well as the specific policies, procedures, facility, materials, equipment, and technology.

INCREASING EMPLOYMENT OUTCOMES BY ACHIEVING THE EQUAL OPPORTUNTY REQUIREMENTS OF SECTION 188 …. AND HOW CAN COMPLIANCE WITH 188 LEAD TO INCREASED EMPLOYMENT OUTOMES FOR PEOPLE WITH BARRIERS, INCLUDING PWD?

Section 188 Disability Reference Guide On July 6, 2015, Secretary of Labor Tom Perez released Promising Practices in Achieving Universal Access and Equal Opportunity: A Section 188 Disability Reference Guide The Reference Guide was jointly developed by: Civil Rights Center (CRC) Employment and Training Administration (ETA) Office of Disability Employment Policy (ODEP) With support and assistance from ODEP’s LEAD Technical Assistance Center at the National Disability Institute.

Section 188 Disability Reference Guide The promising practices in the Guide correlate with the nondiscrimination (equal opportunity) and universal access requirements of Section 188 of the Workforce Investment Act (WIA): Reference Guide does not create new legal requirements or change current legal requirements; Promising practices do not preclude states and recipients from devising alternative approaches; Adoption of promising practices will not guarantee compliance.

188 guide: best practices in universal access & equal opportunity Partnerships & Coordination with Diverse Disability Groups Ongoing Disability Training Opportunities for Staff Knowledge of National/State/Local Disability Resources Effective Reasonable Modifications Policies & Procedures Knowledge of Legal Practices around Asking, Telling, Using, & Storing of Disability-Related Information Representation of Customers with Disabilities in All Workforce Services & Programs Referrals of People with Disabilities to Separate Programs are Not Automatic EOO Guidance in Understanding Local Needs - Request action plans from WIB/AJC that promote outreach and partnership across spectrum of disability community - Recommend formation of disability sub-committee with cross disability representation to supports workforce access issues - Advocate for high level of engagement from AJC with partners to encourage coordination, leveraging of resources and blending of funds Promising Practices - Diversifying Disability Outreach - Disability Action Committee ILC Accessibility Review EOO Guidance in Effecting Collaboration, Partnerships and Linkages Request action plans from WIB/AJC on plans to provide disability awareness training from regional partners Designate AJC staff to help build disability expertise Offer training on how AJC can coordinate services/leverage funding with other partners to meet employment needs of PWD Dedicated Staff with Disability Expertise Desktop Resource Guide Integrated Resource Teams (Video) EOO Guidance in Intake, Registration and Orientation – Disclosure of Disability Provide written/online training materials on confidentiality procedures around disclosure of disability. Ensure orientation materials are available in formats that account for a variety of learning styles, and are accessible. If not already in place, assist in development of accommodation policy and procedures and test it. Asking, Telling, Using & Storing: CRC Training Trusted Go-to Resources: JAN, Workforce3One, LEAD EOO Guidance in Staff Training Promote cross-training between AJC and disability organizations Designate AJC staff to build disability expertise and integrate within workforce services Provide trusted national/state/local resources for staff to easily find info on ADA, accommodations, and other disability info MO Statewide 188 Training (This summer!) Alternative Approaches to Employment 30-Second DEI Trainings EOO Guidance in Service Delivery Build AJC staff knowledge in employment resources available to PWD, including TTW, 503, blended funding. Request action plans from AJCs that show collaborative process with other agencies that have expertise in addressing unique needs of people across spectrum of disability. Educate staff on differences between providing information to a PWD, making a referral, and steering to other agencies or job areas. Effective Co-Location Workforce EN Promising Practices in Providing Reasonable Accommodations Request accommodation policy/procedure or assist in development. Offer training that emphasizes accommodations as best practice in overall customer service. Ensure staff/partners have full understanding that disability-related inquiries are legal and recommended for determining eligibility for services and for which accommodations may help customer succeed. Ensure staff knows it is good practice to tell the customer why you are asking medical questions, so customer can decide whether to disclose. CRC Asking, Telling, Using, Storing Training Collaboration with Local Blind/Deaf Organizations JAN Promising Practices in Administering Programs and Activities In Most Integrated Setting Appropriate Assess customer flow of AJC, with close evaluation of referral processes and service coordination procedures. Ensure AJC staff understand obligations around effective communication with customers and obligation to provide appropriate auxiliary aids and services. Be involved in physical site planning, moving, opening new sites, and modifying existing space and technology acquisitions. Accessible Work Stations Representation of PWD in all Programs Common Pitfalls to Look For

188 Pilot Lessons learned: Missouri Workforce Development Partnership with State/local EO Officers on Section 188 boosts equal opportunity compliance and outcomes for individuals with disabilities by: Assessing workforce staff/management training needs Developing ongoing training opportunities in specific areas Using relatable case scenarios for job center staff training Increasing knowledge of national/state/local supports/resources Collaborating with disability partners to achieve WIOA goals Expanding best practices statewide to workforce staff, partners and business customers

Additional resources WIOA Final Rules https://www.doleta.gov/wioa/Final_Rules_Resources.cfm Performance Accountability Resource https://doleta.gov/performance/reporting/eta_default.cfm LEAD Center Summary Description from a Disability Perspective: FINAL RULE Implementing Title I of WIOA http://www.leadcenter.org/resource-center/publication/summary-descriptiondisability-perspective-final-rule-implementing-title-i-workforce-innovation-andopportunity-act LEAD Summary Description of FINAL RULE Implementing Title IV of WIOA http://www.leadcenter.org/resource-center/publication/summary-descriptionfinal-rule-implementing-title-i-rehabilitation-act-state-vocational-rehabilitationamended-title-iv