how section 511 and supported employment laws and changes affect youth with disabilities ·...

How Section 511 and Supported Employment Laws

and Changes Affect Youth with DisabilitiesKathleen McGrathBeth Ann Fanning

RCPA Conference 2018

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Pennsylvania OVR

Pennsylvania Office of Vocational Rehabilitation

(PA OVR)Mission Statement: To assist Pennsylvanians with disabilities to prepare for, secure, and maintain employment and independence.

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District Office Locations

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Presentation Objectives

•Review the Workforce Innovation and Opportunity Act (WIOA) and Section 511 and how it places limitations on the use of subminimum wage, specifically for youth with disabilities

•Give an overview of OVR’s new Supported Employment Policy and discuss related services.

•Discuss OVR SE services in relation to youth with disabilities

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WIOA

• Workforce Innovation & Opportunity Act (WIOA) of 2014

• Reauthorized the Rehab Act

• Limits the use of subminimum wage employment

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Key Areas of Emphasis1. Students with Disabilities

*Pre-Employment Transition Services (PETS): job exploration counseling, work-based learning experiences, counseling on opportunities for enrollment in post secondary education, work place readiness and instruction and self-advocacy.

2. Employer Engagement*Dual Customer Model: Customer and Business/Employer

3. Cross-Agency Collaboration

4. Assistive Technology

5. Competitive Integrated Employment*Includes limitations on subminimum wage (July 2016)

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Subminimum Wage

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• Subminimum Wage (SMW) refers to:– Sheltered Workshops– Prevocational Services (“Pre-Voc”) in any

setting where a person is paid below minimum wage

– Service Contract Acts, such as Ability One, where a person is paid below the full wage determination rate

Subminimum Wage (14c)

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• 14(c) Certificate– Issued under section 14(c) of the Fair Labor

Standards Act

– Authorizes the payment of subminimum wages and wages that are less than the federal minimum wage to workers who have disabilities that impair their productivity for the work being performed

– Monitored by the Department of Labor (DOL) Wage & Hour Division (WHD)

Section 511

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• Section 511 of the Rehabilitation Act, as amended by WIOA, sets forth requirements that the Office of Vocational Rehabilitation (OVR), State and local education agencies must satisfy to ensure that individuals with disabilities, especially youth with disabilities, have a meaningful opportunity to prepare for, obtain, maintain, advance in, or regain competitive integrated employment, including supported or customized employment.

Youth - Requirement #1

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• “Especially youth with disabilities”– Age 24 and under– Requirements youth must meet before

they can be paid a subminimum wage– Requirement #1: Transition Services

through IDEA and/or Pre-Employment Transition Services from OVR• Completed by school and/or OVR• Documented on the OVR-263

Youth– Requirement #2

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• “Especially youth with disabilities”– Requirement #2: Application for OVR

services and been found ineligible or closed unsuccessful• Documented on OVR Case Closure Letter

or Ineligibility Certificate• The letter must state “ineligible” or

“unsuccessful” clearly

Youth- Requirement #3

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• “Especially youth with disabilities”– Requirement #3: Career counseling

and referral to other Federal and State employment services• Completed by OVR• Documented on the OVR-263A

Section 511 for All (1 of 4)

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• Youth and adults also have to complete required services during SMW employment

• OVR provides Career Information Sessions to all persons in PA employed below minimum wage at least once per year

• These sessions promote Competitive Integrated Employment and inform individuals about services that are available


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• Provided directly by the OVR Specialists• Sessions are held at the job site• Individuals sign-in on a roster• Letter of Attendance sent as documentation

(release of information) • Refusal to attend the session results in inability

to continue earning SMW• Representative/Guardian welcome to attend• One-on-one can be done when necessary


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• REGARLESS OF AGE:– Persons who started SMW before 07/22/2016

are due for one session every year on July 22– Persons who started after 07/22/2016 are due

for two sessions in the first year of SMW employment (one in the 1st six months and one in the 2nd six months) and then annually due on their anniversary


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• REGARDLESS OF AGE:– Persons must be given information about

other resources that are available in the community (*but not services provided by the 14(c) holder itself)

– This information is provided by the 14(c) holder to the participant

– This information is due to the participant within the same intervals as the sessions

– For 14(c) with >15 participants, OVR can provide the information to the participants

Section 511 Contracts

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• Neither a local educational agency, nor a State educational agency may enter into a contract or other arrangement with an entity for the purpose of operating a program for a youth under which work is compensated at a subminimum wage

Section 511: What’s the Point?

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• By having to apply for OVR services and receive career counseling, youth have that opportunity to explore all of their employment options

• This helps promote Competitive Integrated Employment as a “first choice”

• Reminds individuals that they have choices when it comes to work and that OVR is here to help with community employment

Section 511: What’s Next?

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• When WIOA took effect, a lot of people asked how OVR would serve these individuals– OVR has new and improved services to

serve our customers• Discovery & Customized Employment• Supported Employment changes

OVR’s Supported Employment

OVR Supported Employment

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Supported Employment Policy

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Performance Based Job Coaching Policy

IS NOW

OVR Supported Employment Policy

SE Policy Umbrella

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Community Based Work Assessment Discovery & Customized EmploymentNon‐Performance Based SE Transitional Employment ProgramsPerformance Based SE

Key Components

Key components of OVR‐funded Supported Employment (SE):1. Competitive integrated employment (CIE) at a level comparable

to individuals without disabilities2. Intensive supports and ongoing supports3. Services individualized to those with the most significant

disabilities who will require significant on‐site employment supports

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SE New and Different

What is NEW or DIFFERENT withSE Services?

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SE Services OfferedOVR offers a variety of Supported Employment services to meet customer needs including::

• Community Based Work Assessment (CBWA) ‐ an assessment conducted in a community employment setting with the purpose of helping the customer learn about his or her abilities and to determine if CIE is an appropriate vocational goal.

• SE Support Plan (SESP) ‐ used to review all evaluations and assessments a customer has completed to determine the level of support and services needed to obtain and maintain CIE and to help direct the provision of SE services for the customer.

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Non-Performance Based SE

• Job Mentoring ‐ for customers who may have the skills needed to perform the essential duties of the job but need intensive and frequent support to obtain and/or maintain employment.

• Job Retention ‐ for customers who are currently working at a job within his or her capacities and need on‐site support to learn or relearn job tasks to retain their employment.

• Intermittent Supported Employment Services ‐ intended for customers who need short‐term, sporadic assistance to help them maintain employment, particularly in situations where the customer may be in jeopardy of losing a job.

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Performance Based SE (1 of 2)

• Job Development ‐ includes activities that prepare the customer, the employment site and/or the employer for a customer obtaining employment and are intended to continue until the customer starts a job.

• Job Placement ‐ services that begin at job acquisition, are provided up to the first 40 hours of employment and involve direct, on‐site job coaching provided to the customer to learn job tasks and acclimate to the employment setting

• Job Maintenance, Job Stabilization, Case Closure ‐ services designed to assist the customer in continuing to adjust to the job tasks and work environment, reach a level of best performance of job duties, develop natural supports and otherwise maintain employment to case closure.

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Performance Based SE (2 of 2)

•Phase I – Job Development(Hourly SE Regional Rate, not to exceed 40 hours or 6 months)

•Phase II – Job Placement(Hourly SE Regional Rate, not to exceed 40 hours)

Negotiated Hours:

•Phase III – Eight Week Job Maintenance (15%) •Phase IV – Job Stabilization (35%) •Phase V – Case Closure (50%)

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Discovery & CE

Then:9 Phase Flat Rate Model

Now: The 4‐steps of the Discovery process remain flat rate services:

• Discovery ‐ the process by which information is gathered about a person and then translated into possible tasks the customer can do for pay, the conditions needed for the customer to be successful and the contribution he or she would bring to an employer.

• Discovery Profile – a written or visual comprehensive document that describes the individual in a narrative manner with information derived from the Discovery process.

• CE Meeting ‐ a planning meeting to determine which employers in the customer’s community have work that involves the type of tasks the customer wants to perform and need someone to do those tasks.

• Visual Resume ‐ a picture résumé that is used to present customers to potential employers.

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Discovery & CE (Continued)

Then the Customized Employment process follows a PBSE structure (with specific CE rates)

Phase I – Customized Job Development ‐ the process by which a job developer uses the visual résumé to explain customized employment and to present the customer to each potential employer. (not to exceed 40 hours or 6 months)Phase II – Customized Job Placement (not to exceed 40 hours)

Negotiated Hours:• Phase III – CE Maintenance (15%)• Phase IV – CE Job Stabilization (35%)• Phase V – CE Closure (50%)

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Extended Services

Extended Services ‐ supports given to customers who have not yet achieved stability on the job or need additional supports to maintain employment. (These services are provided by OVR only in cases where there are no alternative funding sources.)

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What’s new for Providers…

Credentialing

Premiums

SE Provider Agreement

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Provider CredentialsFor providers of “regular” SE services (CBWA, N‐PBSE, and PBSE):• The Association of Community Rehabilitation Educators (ACRE) Basic Employment Certificate or Professional Employment Certificate

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• The Association for People Supporting Employment First (APSE) Certified Employment Support Professional credential (CESP)

For providers of Discovery and Customized Employment:• Marc Gold and Associates Certification in Discovery, Customized Employment, and Systematic Instruction

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• Griffin‐Hammis Certification in Discovery and Customized Employment

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Provider Premiums

Providers will now have the opportunity to earn premiums:

Employment Services Premium ($500)• For placement of customers from underserved populations and/or placement into jobs with particular benefits

• One Employment Services Premium per customer per 26 closure

• Case must meet 3 of 13 qualifiers • Provider has up to 12 months to submit for this premium after case closure

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Employment Services Premium

QUALIFIERS:1. Criminal Background – felony convictions2. Wage – customer working at Substantial Gainful Activity (SGA)3. Veteran – as defined by Veteran’s Administration4. STEM, Green or In‐Demand Job – according to O’NET5. Full‐Time Employment – as determined by employer definition6. Age – under age 25 or over 607. Social Security – customer receives SSI or SSDI on own

disability

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Premium Qualifiers (continued)

8. Transition – employed within 2 years of secondary graduation9. Subminimum Wage – customer in SMW employment within 24

months prior10.Waiver – customer eligible for ODP/BAS/OLTL waivers11. Health Benefit – customer offered health care benefits by employer12. Rural – determined by census and identified by zip code13.Minority – customer belongs to one of the following federally

defined ethnic categories: Black or African American, Native American or Alaska Native, Asian or Subcontinent Asian American, Native Hawaiian or Other Pacific Islander, Hispanic American

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Longevity Premium

Longevity Premium ($500)•Given when customer maintains job that they were successfully placed in through SE for one year

•One per customer per successful 26 closure

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SE Provider Agreement

OVR has moved from…

Letters of Understanding to Supported Employment Provider Agreements

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2-Tier Approval Process

District Office Review – the signed agreement and applicable documents will be given to the District Office associated with the zip code of Provider’s main office. D.O. staff will upload accepted documents into the Provider’s CWDS Business Folder.

Central Office Review – The assigned OVR Specialist will be alerted that an approval is pending and review the documentation. If more information is needed or items are incorrect or unacceptable, the Specialist will reach out to the Provider.

Approval – once all documentation is received, accepted and uploaded

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Supported Employment Contacts

• Each OVR District Office has staff designated as SE contacts

• Beth Ann Fanning ‐Western Region Transition Specialist 727 Goucher St.Johnstown, PA 15701814‐254‐[email protected]

• Doug Rand – Systems and Evaluation Specialist1521 N. 6th StreetHarrisburg, PA 17102 570‐709‐[email protected]

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Section 511 Contacts-East

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• EASTERN REGION: Bucks, Carbon, Chester, Delaware, Lehigh, Monroe, Montgomery, Northampton & Philadelphia Counties

• Kathleen McGrath, MS, CRC | Vocational Rehabilitation SpecialistPennsylvania Department of Labor & IndustryOffice of Vocational Rehabilitation 801 Market Street, Suite 6034| Philadelphia, PA 19107 215.560.1951 Office | 215.560.3796 Fax | 215.823.9610 [email protected]

Section 511 Contacts-West

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• WESTERN REGION: Allegheny, Armstrong, Beaver, Butler, Cambria, Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Washington, Warren, Westmoreland & Venango Counties

• Hastie LeFevre, M.A. | Western Region Section 511 SpecialistPA Department of Labor and Industry Office of Vocational Rehabilitation 531 Penn Avenue | Pittsburgh, PA 15222p: 412.915.3887 e: [email protected]

Section 511 Contacts-Central

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• CENTRAL REGION: Adams, Bedford, Berks, Blair, Bradford, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntington, Juniata, Lackawanna, Lancaster, Lebanon, Luzerne, Lycoming, Mifflin, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming &York Counties

• Dana Baccanti-Barone, MA, CRC |Section 511 Specialist PA Department of Labor and Industry Office of Vocational Rehabilitation 1521 North 6th Street | Harrisburg PA 17102 p: 717.772.1656 e: [email protected]

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