Workforce Investment Act E-Bulletin

Maximizing an Effective and Productive Relationship between
the Public Vocational Rehabilitation Program and WIA One-Stop Centers

Authored by Terry Brigance, Director of the New Mexico Division of Vocational Rehabilitation Director

Table of Contents

• What is the Public Vocational Rehabilitation Program?
• What does the Workforce Investment Act (WIA) require regarding the working relationship between the Public Vocational Rehabilitation Program and One-Stop Centers?
• Ideally, how can this relationship be maximized?

What is the Public Vocational Rehabilitation Program?

The Public Vocational Rehabilitation (VR) Program exists in all states, the Territories, and the District of Columbia. It is a state/federal partnership authorized by the Rehabilitation Act of 1973, as amended, to provide eligible people with disabilities vocational rehabilitation services leading to an employment outcome. The federal government appropriates 78.7% of the funds for the program while the states must provide the 21.3% matching funds. States may elect to have two VR programs, one for individuals that are blind and one for all other disabilities, and several states have exercised this option.

The VR program is the descendent of federal legislation enacted to assist World War I veterans with disabilities in need of vocational and employment services. This effort was so successful that the Congress passed the Vocational Rehabilitation Act in 1920 to work in partnership with the states that wish to participate in implementing a civilian program for the same purposes. The VR Program has been in continuous existence since 1920, with all states choosing to participate shortly after the federal law was enacted by providing matching funds and establishing a state program.

It is important to understand the findings and purposes within the Rehabilitation Act Amendments of 1998 and how this Act defines the working relationship or partnership between VR and WIA One-Stops.

The Findings within the Rehabilitation Act Amendments state that:

• Increased employment of individuals with disabilities can be achieved through statewide workforce investment programs;
• There should be meaningful and effective participation for individuals with disabilities in both the workforce investment and vocational rehabilitation activities;
• The provision of independent living services, support services, and meaningful opportunities for employment in integrated work settings with appropriate reasonable accommodations are also important for employment; and
• The goals of the Nation should include the goal of providing individuals with disabilities with the tools necessary to make informed choices and decisions; and achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency.

The Purpose section states, in part, that the Rehabilitation Act purposes are:

• the coordination of vocational rehabilitation programs with statewide workforce investment systems;
• and to ensure that the Federal Government plays a leadership role in promoting the employment of individuals with disabilities, especially individuals with significant disabilities.

The Amendments state, in part, that the Congress finds:

• Individuals with disabilities have demonstrated their ability to achieve gainful employment in integrated settings if appropriate services and supports are provided;
• The provision of workforce investment activities and vocational rehabilitation services help individuals with disabilities to pursue meaningful careers through employment that matches their abilities and capabilities; and
• Linkages between vocational rehabilitation programs and other programs in the statewide workforce investment system are critical for individuals with disabilities to participate in workforce investment activities.

The VR program is one of the mandatory partners within WIA that should work closely with the One-Stops. In some states, the VR program is a One-Stop operator. WIA places requirements and expectations on VR and One-Stops that were previously met on a voluntary basis. WIA creates a very different national federal training and employment program created and delivered at a state and, in particular, local level.

The oversight and management of the One-Stop system is accomplished through local workforce investment boards, made up primarily of private sector employers. These individuals, along with the mandatory and voluntary partners (and others), provide a different administrative structure and environment in directing this integrated employment and training program.

Even though the VR program continues to function as an independent entity within the workforce system, as a mandatory partner, it must interact and become integrally involved in this new system. Potential major programmatic, organizational, and other changes are likely to occur within the various federal training and employment programs in existence prior to the passage of WIA. All partners involved in this new system will be adapting to the evolutionary changes required under WIA, including negotiations and agreements on shared resources and expertise to improve employment outcomes for the consuming public and for employers engaged in the One-Stop system.

WIA does not change the fundamental VR program of consumer confidentiality, choice, and due process policies and procedures if there is disagreement on any decisions made by the agency effecting the individual; eligibility determination; development and implementation of a written program of services; an array of services to achieve employment in an integrated labor market; and post-employment and follow up services after successful employment.

What does WIA require regarding the working relationship between the VR Program and the One-Stop Centers?

It is important to note that One-Stops are required to serve people with disabilities when they apply for services at the One-Stop. It is inappropriate for One-Stop staff to automatically refer an individual with a disability to VR rather than serve the individual simply because the person has a disability. A good working relationship between VR and One-Stops, with an understanding of the scope of each program, will provide the framework for valid referrals between partner programs.

As a required partner, VR must:

• Make available to eligible VR participants through the One-Stop service delivery system the core WIA services that the VR Program already provides in its program, such as job search, placement assistance, and career counseling through the VR consumer’s Individualized Plan for Employment;
• Use a portion of VR funds (consistent with Rehabilitation Act) to create and maintain the One-Stop delivery system. It is congressional intent that the co-sharing of these funds be uniquely determined through a number of ways that works successfully within each state, such as through a memorandum of understanding, a cost allocation formula for common usage area located in a One-Stop, etc;
• Enter into a memorandum of understanding (MOU) with the Local WIA Board relating to the operation of the One-Stop service delivery system, including a description of VR services, how the cost of these services and operating costs of the system will be funded, and methods for referral to VR;
• Participate in the operation of the One-Stop service delivery system consistent with the terms of the MOU and the requirements of the Rehabilitation Act and
• Serve as a representative on the Local Workforce Investment Board.

The VR program is an important partner/link in the workforce investment system. To help establish this link, the two systems can establish common definitions, common reporting requirements on program outcomes, and establish state and local cooperative agreements between VR agencies and other participating organizations in the system, including One-Stop Centers. These cooperative agreements can simplify service delivery and minimize duplication of services for eligible customers with disabilities. By encouraging greater cooperation and integration within the workforce system, individuals with disabilities should have access to expanded training opportunities and better job opportunities. They will be served by the workforce system, as well as through state VR programs.

Ideally, how can this relationship be maximized?

Assuming all administrative, programmatic, and political issues have been reasonably addressed and resolved, One-Stops have advantages to offer VR programs in meeting their respective responsibilities:

• One-Stops can expand service delivery capacity for all partners, including VR, with existing and expanded facilities and programs that partners, in all likelihood, would be unable to accomplish by themselves;
• Where feasible, co-location of WIA partners could greatly facilitate coordinated service delivery to the consuming public, including employers, and cross train partner staff on the responsibilities and requirements of each of the partner programs;
• VR consumers can avail themselves of the various workshops the One-Stops may offer, such as resume development, interviewing skills, etc.;
• If VR staff are assisting people in finding employment, they can utilize the various job search services of the One-Stop system, including job listings, on-site employer interviews and information sessions, as well as employer contacts of other One-Stop staff. VR staff can similarly share their employer contacts with other One-Stop staff; and
• One-Stops can create a mutually beneficial environment for all staff in assisting the consuming public and employers address their specific employment needs.

One-Stop personnel can utilize the VR program and VR staff concerning WIA service delivery demands, particularly as this effects people with disabilities:

• VR can assist One-Stops in assuring that the facility and services are fully accessible, both programmatically and physically;
• VR can assist customers who are using non-VR One Stop services to find employment, with obtaining assistive technology, arranging for job accommodations, and developing post-employment supports, as long as they also qualify for VR services;
• VR staff can assist consumers in accessing other services available within the One-Stop system, including intensive services, as well as training services;
• Other WIA partners can utilize the expertise of VR to meet customer needs and refer individuals to VR who could benefit from VR services;
• VR practices disability employment advocacy and can also connect One-Stops to Centers for Independent Living that provide the core services of peer support, like skills training, Information and referral, and self and systems advocacy as well as a variety of other services that could be highly beneficial to one-stop customers with disabilities.
• VR has knowledge of and experience with community rehabilitation and other disability related programs;
• VR has for decades developed and utilized individualized case management; and
• VR has qualified vocational rehabilitation counselors trained and knowledgeable in vocational rehabilitation philosophy and implementation.

The VR program is an important partner/link in the workforce investment system. To help establish this link, the two systems can establish common definitions, common reporting requirements on program outcomes, and establish state and local cooperative agreements between VR agencies and other participating organizations in the system, including One-Stop Centers. These cooperative agreements can simplify service delivery and minimize duplication of services for eligible customers with disabilities. By encouraging greater cooperation and integration within the workforce system, individuals with disabilities will have access to expanded training opportunities and better job opportunities. They can be served by the workforce system, as well as through state VR programs.

References

Hoff, David, “One-Stop Career Centers: Serving People with Disabilities.” National Center on Workforce and Disability Policy, Implementation, Research Access for All in Workforce Development Issue 1, June 2002.

Rehabilitation Act Amendments of 1998, Public Law 105-220.

Silverstein, Robert, ”Provisions in the Workforce Investment Act Describing the Interplay between Workforce Investment Systems and Vocational Rehabilitation Programs.” Policy Brief April 1999, Volume 1, Number 1. Center on State systems and Employment.

Silverstein, Robert, “Provisions in the Final Regulations Governing the State VR Program Describing the Interplay with WIA and TWWIIA.” February 2001. Institute for Community Inclusion, University of Massachusetts Boston.

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Welcome to the Workforce Investment Act (WIA) E-bulletin. The Southwest ADA Center distributes this E-bulletin on a regular basis to provide technical assistance on how to effectively serve and include people with disabilities in all aspects of the WIA system and how to comply with the disability-related provisions of WIA and the ADA.

If you have topic ideas or best practices you would like to share in future issues, please e-mail them to swdbtac@ilru.org.

The information herein is intended solely as informal guidance and is neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA. For additional technical assistance, email swdbtac@ilru.org or call our hotline at 800/949-4232.

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