NCIL Logo: National Council on Independent Living S1356: Discussion Points on the Additions and Changes to the Rehab Act General Changes to the Rehab Act: S.1356 makes significant changes to the Rehab Act including: > Adding to the purpose of the Act: * to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for competitive integrated employment * to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful input by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies * to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et. seq.) and receipt of services under section 504 of this Act are either continuing their education or employed in competitive integrated employment > National Institute on Disability and Rehabilitation Research * moving from the Department of Education to the Administration for Community Living (ACL) * changing the name to the National Institute on Disability, Independent Living, and Rehabilitation Research General comments – the inclusion of the words "independent living" are to make it clear that independent living is a critical part of its mission > Rehabilitation Services Administration * moving from the Department of Education to the Department of Labor * changing the name to the Disability Employment Services and Supports Administration General comments – This does not mean that the VR agency in your state is going to move to your Department of Labor. This bill moves RSA, which is the federal bureaucracy, to the Department of Labor. NCIL has taken a neutral position in regards to RSA's move to the Department of Labor. > Addition of Section 511 LIMITATIONS ON EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES AT A SUBMINIMUM WAGE. General Comments - We are absolutely opposed to subminimum wage and think that it needs to be eliminated. The problem is not Section 511; the problem is Section 14 C of the Fair Labor Standards Act because that is what authorizes subminimum wage. This bill does nothing to authorize subminimum wage; it does not do anything to encourage subminimum wage. In fact, it does exactly the opposite; it puts in place roadblocks to people going into subminimum wage. Section 511 has a very specific purpose: to prevent young people with disabilities from getting tracked from school into a sheltered workshop where they can be paid less than minimum wage. Nobody under the age of 24 can work in a sheltered workshop making less than minimum wage unless they have applied for services for vocational rehabilitation and have made a reasonable effort at competitive, integrated employment. The intent is that young people will get more services while they are still in school that will enable to experience competitive internships and other opportunities while they are still a student, either part-time, after school or during the summers so that by the time they graduate, they will already have had opportunities to work in a competitive setting. The expectation is that people who have had those opportunities will choose to work in those settings and will prefer that to working at a segregated setting. Talking Points Specific to Independent Living Programs > Elevates the independent living program by establishing an Independent Living Administration (ILA) > Moves independent living program to Health and Human Services (HHS) under the Administration on Community Living (ACL) > The Independent Living Administration Director will be appointed by the Secretary of Health and Human Services -One of the responsibilities of the independent living administration director is within one year after the enactment of this act to establish indicators on the minimum requirement of Statewide Independent Living Councils Statewide Independent Living Council (SILC) – > In conjunction with Centers for Independent Living (CILs), and input from people with disabilities develop State Plan for Independent Living (SPIL) > May conduct resource development activities > perform other functions consistent with purpose of SILC as Council determines State Plan for Independent Living (SPIL) – > 722 states will determine the Designated State Entity (DSE) – purpose of DSE is fiscal intermediary > Sign off on the SPIL by SILC and CILs; DSE will sign only as fiscal intermediary > 723 states will keep Designated State Unit (DSU) General Comments – Part B funds will continue to flow to the designated state entity, as determined by the SPIL. The SPIL will guide the DSE in distributing the funds. The SPIL determines everything for the next three years. That is why it is so critical that each state has a very strong and very deliberate state plan for independent living. This bill should not impact any state funding. All funding sources should still be able to come through as long as it is designated in your state plan. The SPIL is your road map; it describes how funds will be distributed regardless of whether they are part B funds, state funds. Therefore, it is very, very important that you have all of that depicted in your state plan for independent living. Centers for Independent Living (CILs) – > Allows for Carryover of Part C and program income > Addition of 5th core service – transition (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services; (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and (iii) facilitate the transition of youth (including students) who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life, including employment. General Comments – The ability of CILs to carryover Part C and program income from one year to the next will allow CILs to more effectively use both federal dollars as well as program income. Adding transition as a fifth core service makes sense because most CILs are already providing these types of services. This can also serve as a way for us to advocate for additional funding through federal appropriations. > Chapter 2 Independent Living for Older Blind remains with VR and will now be called Older Blind Services General Comments – Independent living programs are cross-disability and are not restricted by age. Changing the name of this program and leaving it with VR is a way to ensure that the independent living philosophy is not diluted. VR can still contract with CILs to provide older blind services as they currently do in some states.