1. Opportunities Matter : A Resource for Dialogue Developed by the IDEA’s Partnership Community of Practice on Transition April, 2014 Updated: January, 2015 IDEA Partnership@NASDSE 2015

2. Introduction… This presentation was developed by the IDEA’s Partnership Community of Practice (CoP) on Transition The CoP includes decision makers, practitioners and consumers from 12 states, 10 national organizations and a number of federal centers that have expertise in transition Working together they discussed the issue, proposed the content for each of the slides and developed the notes that will help you to use this resource It is our hope that individuals at the state and local level will use this resource to begin or advance the discussion about the importance of integrated settings in school age transition and beyond. We will continue to add to this resource based on stakeholder input. Join…or start efforts in your state to help you to hold local conversations using this resource! IDEA Partnership@NASDSE 2015

3. Did You Know? In 2014, the Department of Labor established that, nationally: o 68.7 % of individuals with out disabilities are employed, while o 19.5% of individuals with disabilities are employed. Of those that have been employed, the unemployment rate o For people with disabilities is 12.5%, while o For people without disabilities is 5.9% This data is consistent with structured data collected monthly every year since 2009. IDEA Partnership@NASDSE 2015

4. The Data Generates Some Questions to Explore o How do school and adult service professionals envision the work life of youth after graduation? o How do families and youth themselves envision the work life after graduation? o Does what we envision influence the choices that we offer to students with disabilities? o Does what we offer influence outcomes for individuals with disabilities? o How is policy and practice around transition and employment changing? o What do you know …and feel… about the changes? IDEA Partnership@NASDSE 2015

5. Opportunities Matter: Part 1 Beliefs and choices come together in the IEP This PP explores beliefs about the youth with disabilities, especially youth with intellectual and developmental disabilities. The PP connects what we believe to the choices we face in making Individual Education Program (IEP) decisions. The PP ask us to think about the principle of Least Restrictive Environment (LRE), a core principle of IDEA, and think about how it relates to the transition decisions we make in our IEP teams. IDEA Partnership@NASDSE 2014

6. Opportunities Matter: Part 2 Advocacy and action in the states clarifies issues and provides direction This PP discusses challenges to segregated work options. The PP explains how ADA is related to the issues. The principle of ____ is explained through a case in Oregon (OR) The findings in OR begin to point the way to action The PP explains how an ADA cases impact decisions about transition programs. School aged programs that provide only segregated work are examined through a case in Rhode island (RI) and the Providence School District. The PP explores the national movement called Employment First. Resources available through many centers and organizations are provided. IDEA Partnership@NASDSE 2014

7. Opportunities Matter: Part 3 New Policy and New Practices Discusses the Workforce Innovation and Opportunity Act (WIOA) Shows how understanding Opportunity Matters: Part 2 helps you understand the changes in the law Helps you think about the challenges in making new law work Helps you think about your role in helping to make the new law work IDEA Partnership@NASDSE 2014

8. Opportunities Matter : Least Restrictive Environment (LRE) and Transition Developed by the IDEA’s Partnership Community of Practice on Transition April, 2014 Updated: January, 2015 IDEA Partnership@NASDSE 2015

9. In 2012, Disability Rights Wisconsin (DRW) and Wisconsin Board for People with Developmental Disabilities posed this question to the Office of Special Education Programs (OSEP): Does Least Restrictive Environment (LRE), a key principle of IDEA, apply to transition, job preparation and job placement? IDEA Partnership@NASDSE 2015

10. The Context for the Question … and the Answers Segregated employment is under examination Integrated competitive employment receiving greater support in states In many places, sheltered work is no longer supported as a work preparation or post school option. Judicial decisions clarify the direction for policy and practice Not all in the disability community agree. Policy clarifications were needed Too many school- age providers have not made the practice change. IDEA Partnership@NASDSE 2015

11. Key Points from OSEP Response to DRW Read the entire response using the link on the Resource Slide “Nothing in the IDEA requires a specific service, placement, or course of study, but leaves such decisions to the IEP Team for the individual child. The IDEA emphasizes the importance of parental involvement and student involvement, when appropriate, in the development of the IEP. “ ‘The LRE requirements are a fundamental provision of Part B of the IDEA. According to the LRE requirements in 34 CFR §§300.114-300.118, each public agency must ensure that (1) to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled…” “Placement decisions, including those related to transition services (including work placement), must be based on these LRE principles and made by the IEP Team.” IDEA Partnership@NASDSE 2015

12. Two Federal Investments Challenge Assumptions about Youth with Disabilities Project Search Project SEARCH High School Transition Program is a unique, business led, one year school-to-work program that takes place entirely at the workplace. Total workplace immersion facilitates a seamless combination of classroom instruction, career exploration, and hands-on training through worksite rotations Visit the Project Search Video Library Think College Think College is a national organization dedicated to developing, expanding, and improving inclusive higher education options for people with intellectual disability. Download the Think College InfographicThink College Infographic IDEA Partnership@NASDSE 2014

13. Opportunities Matter 2: Greater Understanding through and Action in the States Developed by the IDEA’s Partnership Community of Practice on Transition Updated: January 13, 2015 IDEA Partnership@NASDSE 2015

14. Integrated Employment Litigation Oregon o The Case The lawsuit charges violations to the Americans with Disabilities Act (ADA) and the Rehabilitation Act by “confining individuals with disabilities to segregated settings where they have little – if any – interaction with non- disabled peers. Moreover, they are paid far below the state’s minimum wage of $8.80 for doing rote tasks that offer no training, no skills, and no advancement.” o The Finding Court found that OR invested too heavily in sheltered work options Court found that OR failed to invest in other options, including integrated work and supported work options. o The US Department of Justice involvement The Olmstead Decision (which defined an ‘integration mandate’ under ADA) prompted The US Department of Justice to become involved. The OR decision affirmed that ‘integration mandate’ does apply to employment settings. IDEA Partnership@NASDSE 2015

15. Integrated Employment Litigation Providence City and Providence School District - Providence, RI o The Case Filed by the Office of Civil Rights Division of the Department of Justice The case asserts that the city failed to provide adequate support for integrated employment options for citizens with intellectual and developmental disabilities. Citizens were paid a sub-minimum wages and had little or no interaction with non- disabled settings and peers. The case asserts that the School District operated a school-based sheltered workshop for students ages 14 and over with intellectual and developmental disabilities that transitioned youth and young adults directly to adult workshops. Between the school aged sheltered workshop and the adult workshop, citizens with disabilities were subject to unnecessary segregation over many years. o The Finding Both the school district and the city must invest in adequate supports for integrated employment options Mandated person centered planning for students currently in the school-based sheltered workshop and meaningful choices to their achieve post-secondary employment goals Some citizens received financial compensation for years of work at a sub-minimum wages. IDEA Partnership@NASDSE 2015

16. Landmark Case RI is considered to be a Landmark Case because The actions are specific in: o presumption of capability to work in an integrated setting o definition of terms Including: supported employment services, career development plan, person centered planning, … and more o essential components of a public system, infrastructure and methods for public programs Including: supported employment services, integrated day services, career development planning, transition planning, interagency collaboration …and more. *Read the full analysis using the link on the resources slide IDEA Partnership@NASDSE 2015

17. Integrated Employment Policy o Employment First is defined as an official directive from a state government agency stating that employment in the community in the general workforce is the first and primary option for individuals with disabilities and /or it is the intent of the state to move in that direction o 27 states have Employment First policy o 12 states have cross-disability policy. The rest focus specifically on intellectual and developmental disabilities. o 18 states have additional efforts underway, but no significant policy yet. Source: State Employment Leadership Network ( SELN), 2013 *Look for state specific information in the SELN document in Resource Slide IDEA Partnership@NASDSE 2015

18. Other Factors Impact Employment o As you become more involved in learning and acting on integrated employment issues, be aware of other factors that advance employment opportunities and community participation. ‘Soft Skills’, sometimes called employability skills (work ethic, communication, grooming, etc.) are important for all students, including students with disabilities Benefits Counseling (accessing both work and benefits) is critical to sustaining employment Transportation is directly related to getting and keeping employment Like employment, transportation can be segregated or integrated Like employment, integrated options should be considered first As with all integrated options, early and consistent focus increases the likelihood of success IDEA Partnership@NASDSE 2015

19. There is a National Focus on the Connections between Transportation and Employment o Accessible transportation is a national concern o Integrated transportation is an area of focus United We Ride is an initiative of the National Coordinating Council on Access and Mobility Easter Seals Project Action was a technical assistance center funded by United We Ride to promote universal access to accessible transportation for people with disabilities. Although the project has ended, many excellent resources are still available. IDEA Partnership@NASDSE 2015 *Visit the links in the resource slide to learn about United We Ride and Project Action

20. Transportation and LRE The tenets of Least Restrictive Environment pertain to transportation services students receive in school and also across school settings as students transition Students with disabilities use the same transportation as their peers without disabilities Families, students, and educators learn about transportation options through content embedded in instruction Educators, pupil and public transporters work together to develop inclusive transportation supports and options for students Source: www.project action.orgwww.project IDEA Partnership@NASDSE 2014

21. Opportunities Matter 3: Policy Connections in Search of Practice connections Developed by the IDEA’s Partnership Community of Practice on Transition Updated: January 13, 2015 IDEA Partnership@NASDSE 2015

22. Workforce Innovation Opportunity Act (WIOA) Signed into law July 22, 2014 Reauthorizes the law through 2020 The Act Section IV – Amendments to the Rehabilitation Act

23. The Act: Overarching Ideas Core Services defined, including VR Requires accessible One Stops ( Section 188) Requires coordinated State Plans Focuses on Disengaged Youth, including youth with disabilities

24. Section IV: Highlights Vocational Rehabilitation ( VR) in the Coordinated State Plan Memorandum of Understanding (MOU) with Medicaid and Developmental Disabilities (DD) Increased role of VR in transition

25. Highlights continued 15% of VR funds on pre-employment activities, including: o Job exploration counseling o Work-based learning o Post-secondary exploration counseling o Workplace readiness training o Training on self-advocacy Work on creating these options are in process now…do you know what is happening in your area? IDEA Partnership@NASDSE 2014

26. Highlights continued Limitations on the use of sub-minimum wage Definitions of Competitive Integrated Employment and Customized Employment Restrictions on 14C certificates IDEA Partnership@NASDSE 2014

27. Technical and Adaptive Change: A WIOA Challenge Thinking together about important changes and making the most of them!

28. Persistent Challenges Technical Challenge Requires information, knowledge or tools Adaptive (Relationship) Challenges Requires understanding and a willingness to make behavior changes Source: Heifetz and Linsky, Leadership on the Line, 2002

29. The Leadership Challenge Learning that technical solutions are necessary but often not sufficient Knowing when a persistent problem needs a adaptive (relationship) solution Building adaptive (relationship) skills as a part of strategy

30. Provision: VR in the Coordinated State Plan What is the potential value of the provision? What is the technical side of the provision? What is the human side? How what can we do now..and in the future to make this provision more meaningful?

31. Provision: MOU with Medicaid and Developmental Disabilities (DD) What is the potential value of the provision? What is the technical side of the provision? What is the human side? How what can we do now..and in the future to make this provision more meaningful?

32. Provision: 15% of VR funds on transition activities, including pre-employment What is the potential value of the provision? What is the technical side of the provision? What is the human side? How what can we do now..and in the future to make this provision more meaningful?

33. From Your Role… What needs to be done? To address the technical challenges? o 1. o 2. o 3. To address the adaptive challenges o 1. o 2. o 3.

34. Opportunities Matter: Resources Developed by the IDEA’s Partnership Community of Practice on Transition Updated: January 13, 2015 IDEA Partnership@NASDSE 2015

35. Resources: Part 1 o Part 1 Office of Special Education Programs (OSEP) Response to the letter from the Disability Rights Wisconsin: OSEP letter o Projects that challenge assumptions about youth with ID and DD Project Search Think College IDEA Partnership@NASDSE 2015

36. Resources: Part 2 o Cases (information on other cases available on LRE wiki)LRE wiki Oregon http://www.droregon.org/results/lane-v.-kitzhaber-class-action-lawsuit-seeks-an- end-to-segregated-sheltered-workshops http://www.droregon.org/results/results-documents/Lane%20v.%20Kitzhaber- Fact%20Sheet.pdf Rhode Island http://www.vaaccses.org/vendorimages/vaaccses/ANALYSIS_ACCSES_RhodeIsland_S ettlementAgreement_061913.pdf http://www.ncd.gov/newsroom/2013/07132013 Olmstead http://www.ada.gov/olmstead/ IDEA Partnership@NASDSE 2014

37. Resources: Part 2 continued o Employment First Office of Disability Employment Policy (ODEP) Employment First Employment First Leadership Mentor Program Integrated employment Tool Kit Soft Skills to Pay the Bills Association of People Supporting Employment First (APSE) Employment First Employment First Resources APSE Employment First Statement APSE Employment First White Paper State Employment Leadership Network (SELN) State Employment First Policies Employment First Resource List MAP of SELN Member States 2014 SELN Factsheet Alliance for Full Participation NGA Report: A Better Bottom Line: Employing People With DisabilitiesA Better Bottom Line: Employing People With Disabilities NACDD Report: The Time is Now: Embracing Employment FirstThe Time is Now: Embracing Employment First Wisconsin Partners in Employment grant tools “Let’s Get to Work”“Let’s Get to Work” IDEA Partnership@NASDSE 2015

38. Resources : Part 2 continued o Related Issues Soft Skills to Pay the Bills (ODEP) Soft Skills to Pay the Bills Transportation United We Ride Project Action Project Action Tool: Supporting the Transition of Students with Disabilities with Inclusive Transportation PracticesSupporting the Transition of Students with Disabilities with Inclusive Transportation Practices Disability Benefits 101 website Disability Benefits 101 "School Days to Pay Days” (Institute on Community Inclusion) www.workwithoutlimits.org/schooldays www.communityinclusion.org/schooldays IDEA Partnership@NASDSE 2015

39. Resources : Part 3 o WIOA Overview WIOA Overview o WIOA Fact Sheet WIOA Fact Sheet o Dept of Labor website for ongoing updates and information for groups Dept of Labor website for ongoing updates and information for groups IDEA Partnership@NASDSE 2015

40. Opportunities Matter : Critical Dialogue Developed by the IDEA’s Partnership Community of Practice on Transition Updated: January 13, 2015 IDEA Partnership@NASDSE 2015

41. Critical Dialogue In communities…with providers and families In schools…with teachers and transition staff With youth and young adults with disabilities One of these Dialogue Starters might help… or revisit the questions at the introduction of this presentation. IDEA Partnership@NASDSE 2015

42. Individuals with Intellectual and Developmental Disabilities Have Been the Focus of Much of the Sheltered Work Dialogue…. The Office of Civil Rights commented on the employment litigation by warning that “low expectations can shape service systems” In your view, is low expectations an issue that uniquely impacts students and young adults with intellectual and developmental disabilities? In your view, what impact does the expectation for competitive employment have on our view of services to all students with disabilities? IDEA Partnership@NASDSE 2015

43. Many sheltered work arrangements were originally designed as ‘transitional’ employment options In August 2012, the National Council on Disability (NCD) issued a report on subminimum wage and supported employment. Some of the key findings of the research included: o Sheltered workshops are ineffective at transitioning individuals with disabilities to integrated employment; o Only 5% of sheltered workshop “employees” transition into community-based jobs Why do young adults persist in sheltered work long after they leave high school? IDEA Partnership@NASDSE 2015

44. Many wonder how quickly the system can retool to move away from sheltered work… In some cases, when sheltered work has been eliminated, segregated Day Developmental programs begin or increase. What is your reaction to this system response? Note: The RI decision addressed day developmental programs and made it clear that all habilitation services must not ‘unnecessarily segregate’ individuals with disabilities. In your view, where are the gaps related to providing training and placement into competitive integrated work o Knowledge gaps o Skill gaps o Other…. IDEA Partnership@NASDSE 2015

45. Through informal polls*, we have learned that some practitioners and family members believe that sheltered work is an acceptable employment outcome for some students … or in some situations? o Do you know what practitioners in your local area know and believe about this issue? o Do you know what families in your local area know and believe about this issue? o How will you use this presentation to help you begin your local dialogue? * Polls were conducted on a national webinar and LRE /Employment presentations in 3 states IDEA Partnership@NASDSE 2015

46. For more information about the IDEA Partnership Visit the website: www.ideapartnership.orgwww.ideapartnership.org Call toll free line at: 1-877-IDEA INFo The IDEA Partnership is funded by the U.S. Department of Education Office of Special Education Programs (OSEP) and is part of the Technical Assistance and Dissemination network IDEA Partnership@NASDSE 2015 46