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The Workforce Innovation and Opportunity Act (WIOA)

The Impact on the Kentucky Office of Vocational Rehabilitation (OVR)

Presented by:

Holly Hendricks, MRC, CRCAssistant Director of Program ServicesKentucky Office of Vocational Rehabilitation

September 24, 2015

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Presentation OutlineMajor changes as a result of WIOAPoints of focus for Kentucky OVR

◦ PETS◦ IPE◦ Common Measures◦ Subminimum Wage

OVR’s progress in implementing WIOAReview of organizational changesWhat’s nextResources

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What is WIOA?The amendment to the Workforce

Investment Act of 1998Five Titles

◦Title I – Workforce Development Activities

◦Title II – Adult Education and Literacy ◦Title III - Amendments to Wagner-

Peyser Act ◦Title IV – Amendments to

Rehabilitation Act ◦Title V – General Provisions

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What are the major changes impacting The Rehabilitation Act?

Increases services to Youth with DisabilitiesSupports Employer EngagementEmphasizes Competitive Integrated EmploymentEnhances AccountabilityPromotes Collaboration and EfficiencyPromotes training and technical assistance for

granteesTransfers ProgramsRepeals Programs

* Source: Department of Education: https://www2.ed.gov/about/offices/list/osers/rsa/publications/wioa-changes-to-rehab-act.pdf

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Specific points of focus for Ky OVR…

Pre-Employment Transition Services

Requirement to develop an Individualized Plan for Employment (IPE) in 90 days

Common Measures with Workforce Partners

Limitations on use of subminimum wage

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Pre-Employment Transition Services(PETS)

Title IV Section 422◦ “From the funds reserved under section

110(d), and any funds made available from State, local, or private funding sources each State shall ensure that the designated State unit in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this title.”

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PETS continued…

OVR is required to spend 15% of it’s monies on PETS services. This equates to roughly 6.6 million dollars annually.

Required Services:◦ Job Exploration Counseling◦ Work-Based Learning Experiences◦ Counseling on opportunities for enrollment in

comprehensive transition or postsecondary educational programs at institutions of higher education

◦ Workplace Readiness Training to develop social skills and Independent Living

◦ Instruction in self-advocacy

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PETSAuthorized Activities

Title IV Section 422(c)◦“Funds available under subsection

(a) and remaining after the provision of the required activities described in subsection (b) may be used to improve the transition of students with disabilities described in subsection (a) from school to postsecondary education or an employment outcome by – “

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PETS Authorized Activities Implementing effective strategies to increase the likelihood

of independent living and inclusion in communities and competitive integrated workplaces;

Developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment;

Providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities

Disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section;

Coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act

Applying evidence-based findings to improve policy, procedure, practice and the preparation of personnel, in order to better achieve the goals of this section

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PETS Authorized Activities continued

Developing model transition demonstration projects;

Establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section;

Disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations

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Pre-Employment Transition Coordination:“Each local office of a designated State unit shall

carry out responsibilities consisting of –◦ Attending individualized education program meetings for

students with disabilities, when invited;◦ Working with the local workforce development boards,

one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships;

◦ Work with schools…to coordinate and ensure the provision of pre-employment transition services under this section; and

◦ When invited, attend person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act (Medicaid or Medicare)

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Supported Employment

When Supported Employment services are being provided to individuals who are under the age of 21 and still in high school, but the individual is not utilizing CBWTP services, the school may partner with OVR and a local adult service provider in order to provide PETS to students.

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Requirement to develop an IPE in 90 days

Prior to WIOA implementation, OVR had a ‘best practice’ policy of implementing IPEs within 90 days. Now, OVR is required to develop an IPE within 90 days of eligibility determination unless an extension of time is agreed upon by the counselor and consumer.

This is similar to the 60 day requirement for determining eligibility for OVR services

OVR implemented policy and expectations regarding this on 1-22-15.

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Common Measures with Workforce Partners

Title I Section 116◦ The percentage of program participants who are in unsubsidized

employment during the second quarter after exit from the program

◦ The percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program

◦ The median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program

◦ The percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent during participation or within one year after exit from the program

◦ The percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment

◦ The indicators of effectiveness in serving employers established pursuant to clause (iv)

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Common measures continued. Specific to eligible youth

The percentage of program participants who are in education or training activities, or in unsubsidized employment, during the second quarter after exit from the program

The percentage of program participants who are in education or training activities, or in unsubsidized employment, curing the fourth quarter after exit from the program

The primary indicators of performance described in subclauses (III) through (IV) of subparagraph (A)(i)

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Limitations on use of subminimum wage

Section 511“No entity, including a contractor or

subcontractor of the entity, which holds a special wage certificate…(pays piece-rate wages)…may compensate an individual with a disability who is age 24 or younger at a wage that is less than the Federal minimum wage.◦ Unless…

They were currently employed when the law was enacted OR Prior to beginning work that pays subminimum wages,

they can provide documentation that they have received PETS, and they have applied for VR services

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Limitations on the use of subminimum wage continued…

The monitoring responsibilities for these requirements belong to the Department of Labor.

Ky OVR will be impacted because any individual choosing to work for an employer who pays subminimum wages will be required to work with OVR to determine if other types of employment maybe be an option.

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What has OVR done so far?

Implemented the 90 day IPE development requirement

Trained all OVR field managers on the PETS policy. Policy will be final and posted in policies and procedures manual when all field staff have received training, and the policy is approved by our statewide council.

Developed multiple Resource Sharing Agreements with Workforce partners◦ Addresses common resources only◦ Plans developed at the local level, but approved

at the Executive Director level.◦ Reviewed and reconciled quarterly

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OVR Established 3 regions

West Region – Jason Cole, RPM◦ Includes West Ky (Paducah and

Madisonville Districts), Bowling Green and Owensboro Districts

East Region – Brent Sturgill, RPM◦ Includes Ashland, West Liberty and

Whitesburg Districts

Central Region – Ryan Henson, RPM◦ Includes Covington, Florence, Bluegrass,

Lexington, Louisville, Middletown, Elizabethtown and Danville Districts

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What’s next?

Wait for regulations.Monitor PETS services for

improvements/adjustmentsReview all policies and procedures to

ensure they are in line with WIOAWorking on increasing personnel

capacity to ensure PETS services are being provided

Quarterly review of Resource Sharing Agreements

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More information…Review the law:

◦www.doleta.gov/wioa/ WIOA Technical Assistance Tools and

Resources WIOA Bill Public Law No: 133-128

◦http://kwib.ky.gov/ Update on KWIB initiatives