Integrated Employment: Issues and Accomplishments. Presented to the 2012 Executive Development Program August 6, 2012

Transcription

1 Integrated Employment: Issues and Accomplishments Presented to the 2012 Executive Development Program August 6, 2012

2 Sheltered Workshops The term "sheltered workshop" is used by the Wage and Hour Division of the U.S. Department of Labor to refer to entities that are authorized to employ workers with disabilities at sub-minimum wages. Work is the main focus: assembly, packing, woodworking, manufacturing, servicing, or sewing.

3 Supported Employment The Supported Work Model: mid 1980s Place/Train replaced Train/Place model The 1986 Amendments to the Rehabilitation Act of 1973 authorized funds to be used for supported employment services and made it a service available from every state vocational agency.

4 Supported Employment means Competitive work in an integrated work settings, or employment in integrated work settings in which individuals are working toward competitive work, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice of the individuals, for individuals with the most significant disabilities

5 Supported Employment...for whom competitive employment has not traditionally occurred; or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and who, because of the nature of their disability, need intensive (on going) SE services.

6 Supported Employment Services Referral Assessment Job Match Job Development Job Coaching Fading and Follow Along

7 Key Features of SE Real Work Real Wages Integrated Work Environments On-going support

8 Ohio in the early 1980s.. DODD introduced Supported Employment by awarding county boards with JTPA funding as start up. ORSC promoted Supported Employment through a week-long training program. County Boards began becoming CARF accredited in Community Employment. Pre Means Never

9 Ohio in the 1990s Pockets of excellence Ohio s APSE Chapter Numbers of individuals with disabilities working in real jobs paying real wages increased significantly in the 1990s. Ohio adds Supported Employment (on-going support) as a HCBS Waiver service. Conversion Projects..System Change Project

10 Case Study Mr. Carlton Mr. Carlton is a 32 year old male. He has a measured IQ of 22, placing him in the severe range of cognitive impairment. He exhibits autistic like behaviors. Sean does not have significant verbal ability. He has a tendency to act out when he gets agitated. This occurs frequently. Sean can learn some simple tasks (stocking shelves or packaging instructions in a box) by watching other people perform the task. However, he is not able to maintain adequate attention to a task. Most of the time he is uncooperative. He takes medication for behavioral outbursts. Mr. Carlton does not appear to have meaningful social skills with his peers.

11 The Decline of Supported Employment Nationally, numbers declined Loss of focus and training efforts Very few counties were using SE waiver services. Waiver rates for adult day programs higher than SE rates. SE focus remained primarily at the local level

12 DODD s Futures Committee Recommendations February, 2008 Find ways to make community employment a high priority Require community-based assessments of all individuals for potential placement opportunities before a placement.

13 Case Study--Sean Sean lives at home with his mother and father. Sean has some limited verbal ability. He knows many people in his neighborhood and is typically quite friendly. He likes to visit his brothers at their homes and enjoys playing with his four nieces and nephews. Sean likes to help his mother clean the house and to go grocery shopping. He enjoys cooking with his mother and helps to prepare heals. Sean enjoys watching sporting events with his brothers and father. He loves working with small machines, uses a lawn mower and week whacker. Sean goes to church weekly. When he does not like to do something, he gets angry and yells loudly. This happened frequently at the day program he previously attended.

14 Customized Employment Customized employment means individualizing the employment relationship between employees and employers in ways that meet the needs of both. It is based on an individualized determination of strengths, needs, and interests of the person with a disability, and is also designed the specific needs of the employer.

15 Customized Employment The customized employment approach is ideal for young adults with complex challenges: it requires individualized assessment to identify marketable skills and talents that are then paired with an employer s need.

16 Customized Employment Customized Employment refers to paid employment matched and negotiated to meet the individual s conditions for success, their interests and their specific contributions as determined by Discovery, prior work experiences and a Positive Personal Profile. Customized Employment identifies accommodations and support needs

17 Sheltered Workshops On January 11, 2011 the National Disabilities Rights Network (NDRN) issued Segregated and Exploited: The Failure of the Disability Service System to Provide Quality Work. Charged that hundreds of thousands were being isolated and financially exploited by their employers.

18 Application of the Olmstead Decision In March, 2011 the Deputy Assistant Attorney General in the Civil Rights Division of the US Department of Justice quoted the Olmstead decision saying that: Persons with disabilities have a right to spend their lives in the most integrated setting appropriate for them as individuals. The same concept is applied to the employment setting.

19 The Fair Wages for Workers with Disabilities Act of 2011 House Bill 3086 introduced in October, Proposes to discontinue the practice of issuing special wage certificates. Charges the Secretary of Labor to discontinue issuing special wage certificates to new applicants. Phase out all remaining special wage certificates over a 3-year period.

20 National Employment First Initiative Currently over 25 states have adopted Employment First Initiatives Employment First reflects policies, practices and strategies that focus on integrated competitive employment as the desired outcome for individuals with disabilities. Main Point: Employment should be the very first option offered to any adult with a disability before any kind of non-employment option.

21 The Ohio State Employment Leadership Network (SELN) A SELN is a cross-state cooperative venture of state DD agencies that are committed to improving employment outcomes for adolescents and adults with dd. The Institute for Community Inclusion assisted: Comprehensive Self-Evaluation State-wide survey Onsite visit from the Institute for Community Inclusion October, 2011.

22 SELN Findings & Priorities Potential Focus Areas Leadership Strategic Goals and Operating Policies Financing and Contracting Training and Technical Assistance Interagency Collaboration Services and Service Innovation Employment Performance Measurement, QA and Program Oversight

23 Oregon Class Action Suit January, individuals representing thousands of Oregonians with disabilities. Suit states that there is an over reliance on sheltered workshops and its failure to timely develop and adequately fund integrated employment services. It claims that the practice violates protections against discrimination under the federal ADA and the Rehabilitation Act.

24 Oregon Class Action Suit The suit had to be re-filed because of some issues with the wording of the complaint, but the judge seemed to agree that the case had merit. There is a possibility that the suit will be settled soon. If trial, several years. US Department of Justice filed a brief in support of the lawsuit DOJ told the state they needed to improve employment outcomes or they would undertake court action.

25 Governor Kasich Executive order K The establishment of the Employment First Policy and Taskforce to expand community employment opportunities for working age Ohioans with dd. Orders and directs that community employment shall be the priority and preferred outcome for working age Ohioans with dd. Created the Employment First Task Force with DODD as the lead agency. Reps from ODE, ODJFS, ODMH and ORSC DODD established an Employment First Advisory

26 Governor Kasich Executive Order K EFT s responsibilities during the first 6 months Review and Consider recommendations from the SELN report Review and align policies, procedures, eligibility, enrollment and planning for services, with the objective of increasing opportunities for community employment for Ohioans with dd. Develop cross-agency tools to document eligibility, order of selection, assessment and planning for Ohioans with dd.

27 Employment First Advisory Committee Focus Areas Leadership Ensure a clear vision for Ohio s DD system Set clear goals Communication Systemic approach to communicate to stakeholders the vision, policy initiatives and success stories Develop a pitch that speaks to the needs of the business community

28 Employment First Advisory Committee Focus Areas Interagency Work DODD and RSC, ODJFS, ODE, ODMH System Capacity Strategy to develop and strengthen providers to achieve integrated employment. Strategy to develop capacity to better understand the impact of employment on their benefits (Medicaid Buy-In, Ticket to Work, SS Work Incentives)

29 Employment First Advisory Committee Focus Areas Planning Data Transition Planning (14-22) ISP Development Emphasizing Employment First Identify what data is needed and set and measure goals. Identify data than can be used to benchmark Ohio in our pursuit to becoming an EF State

30 Accomplishments to Date New HCBS Supported Employment Rule increases the rate of SE-Community from $24 to $42 per hour. Rule requires the submission of monthly data: job placement rates, duration of job placements, hours worked, wages earned. Data will be used to revise the rule/rates by January 1, 2014.

31 Presenter Information Katina A. Karoulis Independent Consultant 676 Dominic Drive Cuyahoga Falls, OH (614)