accommodations and supports for employment april 28, 2010 in partnership with: hispanos unidos para...

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Accommodations and Supports for Employment April 28, 2010 In Partnership with: Hispanos Unidos para Ninos Excepcionales (HUNE): The Mentor Parent Project, Inc.; Parent Education and Advocacy Leadership Center (PEAL); Parent Education Network (PEN) 1

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Accommodations and Supports

for EmploymentApril 28, 2010

In Partnership with:

Hispanos Unidos para Ninos Excepcionales (HUNE):

The Mentor Parent Project, Inc.;

Parent Education and Advocacy Leadership Center (PEAL);

Parent Education Network (PEN)

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Why do we work?

for security to participate to achieve

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Why do we work?

for identity to give service to feel joy for personal growth

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Preparing for Employment

What can parents and families do?

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Families are vital to the transition process for any youth and for all transition goals.

Parents and families are often the most helpful historians, providing the transition team partners with essential levels of detail about the background, experiences, interests, abilities and functional needs of the young person.

Family members who can contribute valuable information may include parents, brothers, sisters, grandparents, family friends and foster parents.

Families

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In preparing for an employment goal, family input early and throughout the transition process establishes a solid foundation for planning and building skills, critical connections and experiences.

Learning about work, watching parents and family members work at home, hearing about family member’s work, having responsibilities at home and in the neighborhood can be the foundation for future work experiences.

In addition to home, neighborhood and community experiences, parents can work with their child’s school to help create opportunities for career development and training.

Families

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Foster independence by assigning specific responsibilities in the home. Build responsibility, choice making, a strong work ethic as well as pride in quality and quantity of work.

Build appropriate social and communication skills that will be needed in a work environment

Explore your neighborhood and community for experiences and training opportunities

Discuss future goals and adult realities with your child

Develop and support a work ethic common to the family culture

Discuss interests, abilities, aptitudes and needs in relation to career goals, personal interests versus avocations

So what can a family do????

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Attend and participate in IEP meetings with your child. Using the PA Career Standards as a frame work, advocate for career development, exploration and training that align with your child’s goals and needs

Support your child’s efforts to be involved…even to lead their IEP meeting.

Complete parent surveys and needs assessment that are directed toward employment and post school goals and respond to grad surveys.

Encourage your child’s efforts to learn more about work demands and career options.

Help your child understand how their present levels of academic and functional performance relate to their education as well as to their future working and living environments.

More that you can do…..

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Work requires specific job skills, work ethic skills - including presence, social and communication skills, at least basic academic skills, team work, pride in work, ability to solve problems and to ask for help when needed.

Both learned helplessness and independence come from you

There is true dignity in risk but always work to learn from mistakes.

Self-determination is a learned behavior, based on experiences, attitudes and opportunities

In today’s world, individuals with disabilities are working and contributing in employment settings but the demands are high and the competition for each job is fierce.

NO SILVER BULLETSNO SILVER BULLETS

Universal Truths

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Families can help their

children build skills, a desire to

work, develop experiences and

set goals that enable them to

become contributors.

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This guide is written for parents, family members, educators, and service providers who would like to nurture the development of positive self-esteem in children and youth with disabilities. This guide talks about how adults can help young people develop positive self-direction and learn self-determination skills— students of all ages, in any grade or setting, and with any disability. http://www.nichcy.org/pubs/stuguide/ta4.pdf

Relish is More than Hot Dogs: Helping Students Make Their Own Sweet Success

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Preparing for Employment

What can high schools do?

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Employment and High School Employment and High School Investing in Employment Post-Investing in Employment Post-Secondary Goals Secondary Goals

integration of a strong vocational component into the curriculum before high school;

career focused and on-the-job training while in school;

inclusion of self-advocacy and self-determination skills in the curriculum;

assessment of needs before developing a student centered transition plan;

interpersonal skills, and job-related skills training for students;

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Employment and High School Employment and High School Investing in Employment Post-Secondary Goals Investing in Employment Post-Secondary Goals

involvement of students, parents, businesses, and community representatives in interagency transition teams;

supervised on-the-job training in the community with continuous support for both the employer and the student;

coordination between school and post-school activities;

inclusion of assistive technology in the academic and work-based learning experiences;

inclusion in general education classes; coordinated services among vocational,

regular and special education teachers, and counselors

Source: Transition and Post-School Outcomes for Youth with Disabilities: Closing the Gaps to Post-Secondary Education and Employment National Council on Disability, Social Security Administration, November 1, 2000, http://www.ncd.gov/newsroom/publications/2000/transition_11-01-00.htm#4

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Guiding Principles

1. Provide skills and exposure to the workplace before being placed on worksites/paid internships.

2. School and work are connected.3. Students need daily support and instruction

while on worksites.4. Transition requires a set of skills which can

be taught.5. Students enjoy learning about themselves.6. Student driven ownership.7. Eligibility vs. entitlement.

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Guiding Principles

8. Real work for real pay.9. Job maintenance skills are crucial to future

success.10. Self determination.11. Link work based curriculum, instruction and

assessment.12. Curriculum infuses responsibility,

communication skills, flexibility, self monitoring, problem solving skills, time management skills, teamwork skills and career development.

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Continuum of Instruction

A critical element of the program design is the continuum of instruction.

Effective instruction for employment is:

Delivered in the classroom.Skills are transferable to a

variety of settings, including the workplace.

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Essential Program Elements

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Career ExplorationAssessment Activities/Goal Setting/Progress MonitoringAssessment Activities/Goal Setting/Progress Monitoring

Why work? Dreams and aspirations Interest Inventories Preferences and learning styles Learning strategies Self assessment Understanding my disability and rights

under the law Understanding and requesting

accommodations

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Career ExplorationAssessment Activities/Goal Setting/Progress MonitoringAssessment Activities/Goal Setting/Progress Monitoring

Class-based/school-based businesses/activities that teach work readiness

Extra-curricular activities to teach work readiness skills

Vocational assessment Functional assessment Situational (on the job) assessment Portfolio development Knowing and understanding my benefits

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Understanding the Various Definitions of EmploymentAssessment Activities/Goal Setting/Progress MonitoringAssessment Activities/Goal Setting/Progress Monitoring

Competitive Employment◦ Pays at least minimum wage◦ Integrated community setting◦ Full-time or part-time◦ Not set aside for people with disabilities

Supported Employment◦ Mainstream job in community◦ Pays at least minimum wage◦ Work setting includes people who don’t have a

disability◦ Service agency provides ongoing support ; such as

a job coach21

Understanding the Various Definitions of EmploymentAssessment Activities/Goal Setting/Progress MonitoringAssessment Activities/Goal Setting/Progress Monitoring

Sheltered Employment◦ Job in a segregated environment ◦ Usually pays below minimum wage◦ Work setting includes mainly people who have a disability◦ Service agency provides direct support

Customized Employment◦ individualizing the employment◦ Meets the needs of both the individual and the employer◦ Based an the strengths, needs, and interests of the person

with disability,◦ designed to meet the specific needs of the employer.◦ May include models such as: job carving, self-employment or

entrepreneurial initiatives, or other job development◦ Provides reasonable accommodations and supports

necessary for the individual to perform the functions of a job that is individually negotiated and developed

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Work Readiness Skill DevelopmentAssessment Activities/Goal Setting/Progress MonitoringAssessment Activities/Goal Setting/Progress Monitoring

Career Planning Problem Solving Decision Making Teamwork Social Skills Interpersonal Skills Follows instructions and completes tasks Demonstrates positive attitudes and

behaviors

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Work Readiness Skill DevelopmentAssessment Activities/Goal Setting/Progress MonitoringAssessment Activities/Goal Setting/Progress Monitoring

Being punctual and attends consistently Time management Appropriate appearance Travel Instruction Shows initiative Learning/gathering pertinent

information i.e. social security cards, birth certificates and legal Identification Cards [non driver ID]

Labor market knowledge

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Work Readiness Skill DevelopmentAssessment Activities/Goal Setting/Progress Monitoring

Leadership Understands wages and fringe

benefits Resumes and cover letters Interviews Applications and references Follow-up/thank you letters

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Work Based Learning Assessment Activities/ Goal Setting/Progress MonitoringAssessment Activities/ Goal Setting/Progress Monitoring

Job shadowing/job tryout (unpaid) Career day (unpaid) Service learning (unpaid) Job tryouts (unpaid) Non-paid training experiences

(unpaid) Internships (unpaid and paid) Mentorships (unpaid and paid)

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Work Based Learning Assessment Activities/ Goal Setting/Progress MonitoringAssessment Activities/ Goal Setting/Progress Monitoring

Training Experiences (paid) Diversified Occupations (paid) Cooperative Work Experiences (paid) Apprenticeships (unpaid and paid) Part time Work (paid) Summer Work (paid) Full time Work (paid) Peer mentoring

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Employment and the Law

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There are five important federal laws that protect individuals with disabilities from discrimination in employment and the job application process:

Legislation Impacting Employment

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The Rehabilitation Act (Employment)

The Rehabilitation Act authorizes funding for various disability-related purposes and activities:

◊ Vocational Rehabilitation◊ Centers for Independent Living◊ Rehabilitation Research◊ 3 Sections that Prohibit Discrimination

Federal agencies, includes those who receive federal contracts and/or financial aid.

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Americans with Disabilities Act (Employment)

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and guarantees equal opportunities for individuals with disabilities in:

Employment

Transportation

Public accommodations

State and local government services, and

Telecommunications.

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What is a Person’s Rights under the Employment Provisions of the ADA?

The ADA makes it unlawful to discriminate in all employment practices such as: recruitment firing hiring training job assignments promotions

pay benefits lay off leave all other

employment related activities

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What Does the ADA Require an Employer to Do?

Employers covered by the ADA have to make sure that people with disabilities: have an equal opportunity to apply for jobs

and to work in jobs for which they are qualified;

have an equal opportunity to be promoted once they are working;

have equal access to benefits and privileges of employment that are offered to other employees, such as employer-provided health insurance or training; and

are not harassed because of their disability.

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ADA: Leveling the Playing Field (Employment)

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Reasonable accommodations are intended to ensure that qualified individuals with disabilities have rights in employment equal—not superior—to those of individuals without disabilities.

Under the ADA, employers must give people with disabilities special privileges, known as accommodations.

Roles & Responsibilities of an Employer

The purpose of the ADA is to level the playing field, NOT to provide special privileges or charity.

Ensure there is NO job discrimination.

Identify ESSENTIAL FUNCTIONS OF THE JOB.

It is NOT the responsibility of the employer to discuss the person’s disability. It is the person’s responsibility to request accommodations to meet the essential functions of the job.

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How Do You Know if a Person is Protected by the ADA? (Employment)

The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities.

An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, non-chronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.

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The ADA Only Protects a Person Who is Qualified for the Job s/he Has or Wants

The individual with a disability must meet job-related requirements (for example, education, training, or skills requirements).

S/he must be able to perform the job's essential functions (i.e., its fundamental duties) with or without a reasonable accommodation.

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What is a “Reasonable Accommodations” under the

Employment Provisions of the ADA?

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What is a “Reasonable Accommodations” under the Employment Provisions of the ADA?

In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.

Under the ADA, employers are required to provide "reasonable" accommodations for employees with disabilities. Therefore, you can request any accommodation that is considered "reasonable."

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Test of Reasonableness under the ADA

An employer is required to make a reasonable accommodation to the known

disability of a qualified applicant or employee if it would not impose an "undue

hardship" on the operation of the employer's business.

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When Does a Reasonable Accommodation Become An Undue Hardship?

Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation. Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.

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An employer is not required to lower

quality or production

standards to make an accommodation; nor is an employer

obligated to provide personal use items such as glasses or

hearing

Questions to Consider in Determining Employment Accommodations

In seeking the answers to accommodation questions, it is

essential to obtain input from the individual with the disability to achieve a successful accommodation outcome. The following questions may be helpful

during the accommodation process:

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Questions to Consider1. What symptoms or limitations is the

individual experiencing?

2. How do the individual's symptoms or limitations affect job performance?

3. What specific job tasks are problematic as a result of these symptoms and limitations?

4. What accommodations are available to reduce or eliminate these problems?

5. Are appropriate resources being used to determine accommodations?

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Questions to Consider

6. Has the individual been consulted regarding possible accommodations?

7. Once accommodations are in place, would it be useful to meet with the individual to evaluate the effectiveness of the accommodations and determine whether additional accommodations are needed?

8. Do supervisory personnel and employees need disability awareness training or training on the Americans with Disabilities Act?

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Tools to Determine Employment Accommodations

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Requesting an Employment Accommodation requires Disability Disclosure

In order to request an accommodation, a person must disclosure his/her disability. This requires self-advocacy skills.

To Disclose or Not to Disclose …

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Why to Disclose:Why to Disclose:

Obtain information on career plansDisability-specific employment

servicesEmployment requirementsJob requirements

◦ With or without accommodations◦ Supports available

Mentoring and peer support

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What and When to DiscloseWhat and When to Disclose

When a person makes a disclosure about his disability, what is most important and helpful is to provide information about:

◦ How his disability affects his capacity to learn and perform effectively, and

◦ The environment, supports, and services he’ll need in order to access, participate in, and excel in his job.

The individual must decide what and how much of this sensitive information is necessary to reveal in order to obtain the needed accommodations.

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What to Disclose:What to Disclose: Here is some information a person with a disability may

choose to present to his employer, supervisor, work mentor, or co-workers:◦ General information about his disability;◦ Why he’s chosen to disclose his disability, including its

impact on his job performance; ◦ The types of job accommodations that have worked for him

in the past (in school, previous jobs and in training situations);

◦ The types of job accommodations he anticipates needing in the workplace; and

◦ How his disability and other life experiences can positively affect his work performance.

Most importantly, keep the disclosure conversation focused on the person’s abilities, not his disability.

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To Whom to Disclose To Whom to Disclose InformationInformation

A job seeker with a disability might disclose information to the following individuals:◦Career counselors◦Disability-specific adult employment

services personnel◦One-Stop Career Center personnel◦Prospective employers or human

resources personnel◦ Workplace mentors

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Disclosure Rights of An Disclosure Rights of An Individual:  Individual:  • Have information about his disability treated confidentially

and respectfully.

• Seek information about hiring practices from any organization.

• Choose to disclose his disability at any time during the employment process.

• Receive appropriate accommodations in an interview so he may demonstrate his skills and abilities.

• Be considered for a position based on his skill and merit.

• Have respectful questioning about his disability for the purpose of reasonable accommodation.

• Be self-determined and proactive.51

Disclosure Responsibilities of An Disclosure Responsibilities of An Individual: Individual:    

• Disclose her need for accommodation(s) If she desires any work-related adjustments.

• Search for jobs that address her skills and abilities.

• Inform the manager or interview panel about her need for appropriate interview accommodations in a timely manner.

• Identify appropriate and reasonable accommodations for an interview.

• Negotiate reasonable accommodation(s) with an employer at the point of job offer and beyond.

• Be truthful, self-determined, and proactive.         

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Requesting an Employment Accommodation

The ADA does not include specific guidelines or forms for requesting reasonable accommodation. When may accommodations be requested:

The process for formally requesting the accommodation may be determined by the employer. Some employers have developed in-house forms. Otherwise, individuals with disabilities can use any method that is effective; the ADA does not require specific language or format.

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Sample Employment Accommodation Request Letter

Content to consider in body of letter: Identify yourself as a person with a disability

State that you are requesting accommodations under the ADA (or the Rehabilitation Act of 1973 if you are a federal employee)

Identify your specific problematic job tasks

Identify your accommodation ideas

Request your employer's accommodation ideas

Refer to attached medical documentation if appropriate*

Ask that your employer respond to your request in a reasonable amount of time

Source: Job Accommodation Network 54

What Accommodations can be Requested?

Here are some examples of reasonable accommodations from the EEOC:

making existing facilities accessible job restructuring part-time or modified work schedules acquiring or modifying equipment changing tests, training materials, or

policies providing qualified readers or

interpreters reassignment to a vacant position medical leave work from home

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Examples of what are NOT Accommodations Removing or eliminating an essential

function from a job.

Lowering production standards.

Providing personal use items such as a prosthetic limb, a wheelchair, eyeglasses, hearing aids, or similar devices if they are also needed off the job.

Note: While employers are not required to eliminate an essential function, lower a production standard, or provide personal use items, they can do so if they wish.

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Preparing for Employment

Agency Providers and Resources

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OVR Pennsylvania Department of Labor &

Industry, Office of Vocational Rehabilitation (OVR) is an eligibility-based program to assist Pennsylvania’s with disabilities get and keep a job.

Contact local OVR office for a intake interview that includes educational, employment and medical information. Once eligibility is determined a IPE is (Individualized Plan for Employment) is developed.

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CareerLink Centers. www.pacareerlink.state.pa.us

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The Office of Developmental Programs (ODP)

Provides supports and services for people with:

¥ Mental Retardation¥ Autism

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What Supports and Services are Provided?

Community based-services include Supports coordination In-home supports Day services: supported employment,

vocational services Residential: group homes, apartments,

family living

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What if Funding Is Available?

Individual Support Plan (ISP) will be developed Team process Person-centered process Planning can be done at any stage of

life, but may be especially helpful during transitions

Plan is flexible and changes as needs change

Community services are included

Enrollment in services62

ODP Expected OutcomesChanging the State of the Art

All youth and young adults with post-school employment outcomes have opportunity to choose employment first through their ISP process

All AEs engage in strategic planning with school system, OVR and other stakeholders to improve employment outcomes

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Office of Mental Health and Substance Abuse Services: (OMHSAS)Where do I beginPlan for services as they change

from child to adultWork with case/care manager

who understands both the child and adult systems

Work with/call Behavioral Health Managed Care Plan

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OMHSAS – Network of Care

http://networkofcare.org/index2.cfm?productid=2&stateid=45

Online resource site that provides information to help link consumers to support groups and personal advocacy resources in the community. The site also provides a repository of successful, creative ways for communities to respond to their behavioral-health needs.

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Social Security website www.ssa.gov

You can work and still receive Social Security Benefits

Social Security Administration (SSA) facilitates the payments of social security benefits to

eligible individuals with disabilities.

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Ticket to Work Program through Social Security helps you obtain

vocational rehabilitation, training, job referrals and other employment

support services free of charge.

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Medical Assistance for Workers with Disabilities

(MAWD) lets Pennsylvanians with disabilities take fulfilling jobs and still keep their full

medical coverage.

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Resources to Assist with Employment:

Accommodations:

Job Accommodations Network: www.jan.wvu.edu

The Family Center on Technology and Disability - www.fctd.info Employment, Career Interest and Occupational Information:

National Collaborative on Workforce and Disability: http://www.ncwd-youth.info

Career One Stop: http://www.careeronestop.org

PA Career Zone: www.pacareerzone.org

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Q & A

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2010 Secondary Transition Parent Informational Series

All webinars will be offered from 12:00 pm – 1:00 pm & 7:00 pm – 8:00 pm

Accommodations and Supports for Independent Living and Community ParticipationMay 12, 2010 Goal of the Session: Understanding my son/daughters disability and how that impacts his/her life after graduation and what impact that disability may have on decisions regarding independent living and participating in the community of their choice. Specific resources in this area will be made available for participants in regard to accommodations and supports.

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