Collaboration to Promote Self Determination Advancing Economic Opportunities for Citizens with Significant Disabilities May 26, 2011 U.S. Senator Tom Harkin Chairman Senate Committee on Health, Education, Labor & Pensions (HELP) United States Senate SD-428 Dirksen Senate Office Building (Committee Staff) SH-731 Hart Senate Office Building (Personal Office/Staff) Washington, DC 20510 U.S. Senator Mike Enzi Ranking Member Senate Committee on Health, Education, Labor & Pensions (HELP) United States Senate SD-428 Dirksen Senate Office Building Washington, DC 20510 U.S. Senator Patty Murray Chairman Senate HELP Subcommittee on Employment and Workplace Safety SD-428 Dirksen Senate Office Building Washington, DC 20510 U.S. Senator Johnny Isakson Ranking Member Senate HELP Subcommittee on Employment and Workplace Safety SD-428 Dirksen Senate Office Building Washington, DC 20510 FAX: 202-228-5044/202-224-6020 Dear Senators: As national partners of the Collaboration to Promote Self-Determination, we would like to thank you for your continued leadership on behalf of the more than 54 million Americans currently living with a disability, including millions of people with intellectual and developmental disabilities We would also like to take this opportunity to reiterate our priorities for the reauthorization of the Workforce Investment Act and the Rehabilitation Act in the 112thCongress. The Collaboration to Promote Self Determination (CPSD) seeks innovative public policy reform to promote employment first policies, effective transition strategies, meaningful asset development, and strong long-term supports and services for individuals with intellectual and developmental disabilities. We believe that all citizens with disabilities, including individuals with the most significant disability, are capable of being employed in integrated settings at the same wage levels as their colleagues without disabilities in similar positions, and as such have advocated for a rigorous national systems-change initiative focused on promoting Employment First strategies. Employment First is a service delivery strategy regarding the use of public funding for persons with disabilities, including persons with the most significant disabilities, which effectuates on a systemic basis the principles set out below. The strategy supports the primary or preferred employment outcome of integrated employment for persons with disabilities including those with the most significant disabilities. The strategy includes the issuance and implementation of policies, practices, and procedures promulgated through federal and state statutes, regulations, and/or operational procedures, including policies, practices, and procedures requiring that systems have a statutory responsibility to provide services that align their reimbursement practices, policies and guidance to incent, encourage and fund services and supports that lead to integrated employment. CPSD has submitted extensive policy recommendations to the Senate HELP Committee related to both the reauthorization of the Workforce Investment Act (WIA) and Rehabilitation Act. As the Committee continues deliberations on a legislative reauthorization package, we wish to highlight three of our thematic recommendations in particular: strong realignment of transition supports to ensure ALL youth with significant disabilities are able to successfully pursue post-secondary education and integrated employment opportunities; reforms to promote stronger collaboration among public agencies and easier coordination and flexible use of public resources to effectuate preferred outcomes of post-secondary education and integrated employment; and a national focus on aligning definitions, objectives and preferred outcomes among both the vocational rehabilitation (VR) and generic workforce development sector to strengthen both of these systems as viable options for individuals with the most significant disabilities. We also want to reaffirm the premise that was reached among all stakeholders who attended the Disability Employment Policy Summit hosted by Senator Harkin in the Fall of 2010, which called for a Federal commitment to increase and improve integrated employment outcomes for individuals with the most significant disabilities through federal policies that will lead to a significant and systematic reduction in the dependence on subminimum wages. Additionally, we support the introduction of greater enforcement measures to prevent abuse of existing federal law and ensure greater protections for individuals with significant disabilities. There is great innovation among some states to promote meaningful employment opportunities of people with significant disabilities, and any federal legislative proposals should incorporate support for expanding promising practices that are currently being used with great success by these states. These state case-studies demonstrate that given the right incentives, and strategies, states can significantly improve employment outcomes for individuals with significant disabilities. While modifications of the Fair Labor Standards Act (FLSA) are needed, it will not alone address the employment needs of individuals with significant intellectual and developmental disabilities, who are all too often restricted to limited choice and impoverishment. What is required is a firm directive in the WIA reauthorization package that ensures that VR agencies exhaust every option to prepare and place ALL youth with the most significant disabilities into post-secondary education or integrated employment. Tax dollars should not be prioritizing segregated outcomes that stifle the potential and contributions of the next generation of individuals with significant disabilities – segregated options can remain choices in the private market, but public dollars should focus on getting people living and working in our communities. Any exceptions to this strong policy position will only undermine the principle that publicly-financed supports should be focused on achieving the following outcomes: post-secondary education, integrated employment at the greater of minimum or competitive wages, and economic advancement. As such, legislative language around the presumption of eligibility must be strengthened so as to avoid the perpetual rejection of those youth considered the most difficult to place in integrated employment. Further, any individual who is deemed incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability of the individual must still have the right to request the provision of specific vocational rehabilitation services (including customized employment strategies and/or supported employment services) for a period of not less than 24 months. Additionally, both the public agencies charged with supporting youth with significant disabilities as well as the providers of such supports should be held accountable for achieving these outcomes. In these difficult fiscal times, the Federal government and Congress must make hard choices about where to prioritize funds. As such, it is critically important that the Senate HELP Committee consider the tremendous savings to be gained from an emphasis on supported employment and other transitional services that promote the advancement of youth with the most significant impact of disability into the general workforce. First, research has continuously demonstrated that regardless of type or severity of disability, supported employment costs less than segregated work.1 Second, supported employment is more cost-efficient to taxpayers, returning $1.21 back to the country in productivity for every dollar invested, as opposed to a cost-deficiency for segregated employment.2 Third, supported employment is also more cost-efficient to workers, as citizens with the most significant disabilities working in supported employment earn four to eight times more than those that are placed in segregated workshops.3 Finally, research also confirms that when youth with the most significant impact of disability are exposed to and engage in meaningful career-readiness and 1 Sheltered employment costs the government on average $19,388/person annually, in comparison to $6,619 annually per person placed in supported employment. [Cimera, R.E. (2007). The cumulative cost-effectiveness of supported and sheltered employees with mental retardation. Research and Practice for Persons with Severe Disabilities, 32, 247-252.] 2 Cimera, R.E. (2010). The national cost-efficiency of supported employees with intellectual disabilities: 2002 to 2007. American Journal on Intellectual and Developmental Disabilities, 115, 19-29. 3 Cimera, R.E. (2010). The national cost-efficiency of supported employees with intellectual disabilities: The worker’s perspective. Journal of Vocational Rehabilitation, 33, 123-131. transition programs in the community, they are 70% more likely to enter post-secondary education or integrated employment after high school than youth who did not receive community-based career preparation and work experiences.4 In addition to a strong commitment to ensure the successful transition of youth with significant disabilities into the community, we strongly urge the Senate HELP Committee to also require stronger monitoring of individuals in segregated work to determine that those individuals who desire something more for themselves have the opportunity to realign public resources dedicated to their existing placement toward exhausting community-based employment and living options. To achieve these outcomes, we urge Congress to rise to the occasion and instill the strongest language possible within the context of the WIA reauthorization to ensure a cross-systems focus on Employment First strategies, starting with the VR sector as well as the generic workforce development system. The reauthorization package should focus on establishing consistent definitions, objectives and intended outcomes of both the VR and generic workforce system that are focused on promoting Employment First strategies. To achieve this, the reauthorization package should allow for and aggressively promote the use of braiding and blending mechanisms as a way to further stimulate effective crosssystem coordination of efforts focused on integrated outcomes. Citizens with complex intellectual and developmental disabilities deserve more in the way of opportunities to live productive, economically self-sufficient, fulfilling lives in fully integrated community settings. We as a country can do better to help support this vision. We acknowledge that the recommendations we are promoting will require courageous leadership in the months to come to fully realize. The next generation deserves this focused and strong approach and desire a system of supports that promote the highest expectations of all individuals, regardless of impact of disability. Sincerely, Autism Society APSE Association of University Centers on Disabilities Autistic Self Advocacy Network Center for Self-Determination Institute for Educational Leadership National Association of Councils on Developmental Disabilities National Association of State Directors of Developmental Disabilities Services National Disability Institute National Disability Rights Network National Down Syndrome Congress National Down Syndrome Society National Fragile X Foundation National Organization of Nurses with Disabilities Physician-Parent Caregivers Service Employees International Union (SEIU) TASH cc: All Members of the Senate Committee on Health, Education, Labor & Pensions 4 Cimera, R.E. (2010). Can community-based high school transition programs improve the cost-efficiency of supported employment? Career Development for Exceptional Individuals, 33(1) 4-12.