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Code · BILL · 113th Congress · S. 1356 (Introduced in Senate) — To amend the Workforce Investment Act of 1998 to strengthen the United States workforce development system through in... · Sec. 542

Sec. 542. Demonstration and training programs

2,978 words·~14 min read·/bill/113/s/1356/is/section-542

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Section 303 ( 29 U.S.C. 773 ) is amended— in subsection (b)— in paragraph (3)(A), by striking National Institute on Disability and Rehabilitation Research and inserting National Institute on Disability, Independent Living, and Rehabilitation Research ; in paragraph (5)— in subparagraph (A)— by striking clause
(i)and inserting the following: an initiative focused on improving transition from education to employment for youth who are individuals with significant disabilities, particularly in competitive integrated employment, as described in subsection (c); ; and by striking clause
(iii)and inserting the following: increasing competitive integrated employment for individuals with significant disabilities. ; and in subparagraph (B)(viii), by striking under title I of the Workforce Investment Act of 1998 and inserting under title II of the Workforce Investment Act of 2013 ; and by striking paragraph (6); by redesignating subsections (c), (d), and (e), as subsections (f), (g), and (h), respectively; by inserting after subsection
(b)the following: The purpose of this subsection is to demonstrate and increase systemic reforms necessary for promoting the effective transition of covered students from secondary school to competitive integrated employment settings and opportunities, and ultimately to create enduring systems of service delivery and training within States that facilitate the transition of covered students from school to postsecondary life with the emphasis on achieving the outcome of competitive integrated employment. In this subsection, the term covered student means an individual who is not younger than 14 years of age and has not yet attained 22 years of age, who is within 3 years of leaving secondary school and for whom, without an alternative intervention, the anticipated outcome would likely be placement in a facility-based day habilitation program, or in a vocational or employment program where the individual is paid less than minimum wage, or a lack of further training and assistance and who— is an individual with an intellectual disability; is an individual with a developmental disability, as the term is defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002); or is an individual with mental illness. In this paragraph, the term individual with an intellectual disability means an individual with a cognitive impairment, characterized by significant limitations in— intellectual and cognitive functioning; and adaptive behavior as expressed in conceptual, social, and practical adaptive skills. The Commissioner may award grants, contracts, and cooperative agreements, on a competitive basis, to eligible entities described in paragraph (4), to enable such entities to carry out activities aimed at creating systemic reform focused on the improvement of employment outcomes in integrated settings at minimum wage or higher with commensurate benefits for covered students. The Commissioner shall award grants, contracts, and cooperative agreements under this subsection for 5 years. To be eligible to receive a grant, contract, or cooperative agreement under this subsection, an applicant shall establish a consortium that— is managed by a multidisciplinary team to include the State Department of Labor, the State educational agency, the State vocational rehabilitation agency, and either the State Agency on Developmental Disabilities Services or the State Department of Mental Health Services, or both if individuals with intellectual disabilities, developmental disabilities, and mental illness are targeted populations of the applicant; includes representatives from the developmental disability and mental health services community (including statewide provider agencies such as the Developmental Disabilities Planning Councils and the University Centers for Excellence in Developmental Disabilities), as well as individuals with disabilities and their advocates; and includes additional public and private entities, with demonstrated expertise in providing supported employment services in integrated settings at minimum wage or higher with commensurate benefits for covered students and with expertise in the provision of employment supports, and that— have a proven track record in successfully running supported employment programs; provide employment services that are integrated community-based supported employment services resulting in jobs at minimum wage or higher with commensurate benefits; have expertise in creating natural supports for employment; have expertise in providing computer training for the targeted population for the project involved; or have experience operating mentoring programs for the target population in middle schools and high schools for not less than the previous 10 years in diverse communities throughout the Nation. Each eligible entity desiring to receive a grant, contract, or cooperative agreement under this subsection shall submit an application to the Commissioner at such time, in such manner, and including such information as the Commissioner may require. Each application shall include— a comprehensive implementation plan describing the actions the consortium intends to take to carry out the activities authorized in this subsection; a description of the means and mechanisms by which participating State agencies will coordinate efforts to evaluate and reform existing State policies, regulations, guidelines, operational procedures, and funding structures to institute systemic change focused on improving employment outcomes in integrated settings at minimum wage or higher with commensurate benefits; an evaluation plan detailing the strategy the consortium will deploy to evaluate the project, with a specific focus on the collection of data on participants, including the following information: The number of covered students who directly enter competitive integrated employment upon exiting the school system. The wages and number of hours worked of such covered students per pay period. The impact of employment on any Federal and State benefits received. Indicators of improved economic status and self-sufficiency. Data on those covered students who have not yet been placed in competitive integrated employment, including the reasons that the covered students were not placed in competitive integrated employment, as well as the progress made to date in the acquisition of skills, training, and development necessary to attain competitive integrated employment; a description of the ways in which the consortium will disseminate information about the activities and the impact of the activities on the lives of covered students served by the project; a description of the approaches the consortium intends to use to coordinate activities with other relevant service providers in the localities in which the effort will be focused, including Centers for Independent Living under title VII; and a description of the policies and procedures, including specific program strategies and financial responsibilities, that the partners in the consortium (including the State agency responsible for the education of students with disabilities under the Individuals with Disabilities Education Act) will implement in order to develop and maintain a collaborative and coordinated network of services and providers. An eligible entity that receives a grant, contract, or cooperative agreement under this subsection shall use the funds made available through the grant, contract, or cooperative agreement to carry out the following activities for covered students: The development of innovative and effective strategies for attaining competitive integrated employment experiences after school, on weekends, and in the summer, utilizing natural supports that lead to competitive high-paying jobs. The development of school-based preparatory experiences, career preparation and work-based learning experiences (including in-school, after school, and work experiences outside the traditional school setting), youth development and leadership, connecting activities, and family involvement and supports directly linked to the successful attainment of competitive integrated employment. The development of appropriate and effective curricula and the deployment of professionals with expertise to provide training to school and transition personnel to enable them to develop the skills needed to train covered students to be successful in attaining competitive integrated employment in a range of settings, including office settings. The training shall include providing instruction to covered students in computer skills, office skills, etiquette, and appropriate social behavior required for successful long-term employment in professional environments. The provision of formal assistance to covered students and their families in navigating the complex system of supports and services across the array of relevant Federal and State programs, including the following: An informed decision process leading to an employment outcome and the securing of funding supports for attaining the outcome. A benefits planning process in order to educate covered students and their families regarding strategies for identifying, optimizing, and managing available benefits and resources. Individualized economic advancement strategies to increase a covered student's economic self-sufficiency, with specific asset goals, including the use of favorable tax benefits, work incentives, matched savings plans, and financial education. An eligible entity that receives a grant, contract, or cooperative agreement under this subsection shall develop a draft memorandum of understanding among State government agencies participating in the consortium outlining key steps to be taken to collaborate and coordinate efforts to institute systemic change (including braided funding across agencies as a methodology for streamlining multiple funding streams, sharing of expertise among agencies, and collaboration among key personnel) focused on increasing opportunities for competitive integrated employment for covered students. An eligible entity that receives a grant, contract, or cooperative agreement under this subsection shall collect data and report annually on, at a minimum, progress in achieving specific outcomes outlined by the Commissioner, including— the number of covered students who directly enter competitive integrated employment upon exiting the school system; the wages and number of hours worked of such covered students per pay period; the impact of employment on any Federal and State benefits received; indicators of improved economic status and self-sufficiency; and data on those covered students who have not yet been placed in competitive integrated employment, including the reasons that the covered students were not placed in competitive integrated employment, as well as the progress made to date in the acquisition of skills, training, and development necessary to attain competitive integrated employment. The Commissioner shall annually recognize, in a highly visible manner, eligible individuals with significant disabilities who are successfully completing a postgraduate degree in law, business, science, technology, engineering, mathematics, or medicine (including completing any residency program). Not later than May of 2014 and each subsequent year, each designated State unit shall solicit and consider the applications of individuals with significant disabilities who are receiving, or eligible to receive, vocational rehabilitation services under this title and who have the potential to complete rigorous professional training in law, medicine, science, technology, engineering, mathematics, or business. The designated State unit shall select not more than 2 individuals, who are otherwise eligible for vocational rehabilitation services under title I (but without regard to any order of selection established under section 101(a)(5) in the State), for recognition as a Commissioner's Scholar. In order to be eligible to receive assistance through the program, an applicant— shall be receiving, or eligible to receive, vocational rehabilitation services under this title pursuant to an individualized plan for employment that specifies an employment outcome in competitive integrated employment that would require graduate studies in the relevant field; shall have previously completed a bachelor’s degree program at an institution of higher education or to be scheduled to complete the degree not later than the July preceding the first school year for which the applicant proposes to use the assistance; and shall have applied to, and been accepted by, a program at an accredited institution of higher education in the United States that confers a juris doctor degree, a master's of business administration degree, a doctor of medicine degree, a doctor of osteopathic medicine degree, or a doctoral degree in a field of science, technology, engineering, or mathematics. Each eligible individual selected to be a Commissioner’s Scholar shall— be recognized in a manner determined by the Commissioner; and participate in Commissioner’s Scholar activities, as determined by the Commissioner. An individual selected to be a Commissioner's Scholar in the State shall be eligible for the services and supports (including tuition) needed in order to successfully complete the individual's degree program. Such services and supports (including tuition) shall be paid for from the funds appropriated under title I for the vocational rehabilitation State grants program. The limitations of section 103(a)(5) that apply to training services shall apply to services and supports described in paragraph (5). Nothing in this subsection shall prevent any designated State unit from providing educational supports and services, similar to the supports and services described in paragraph (5), to eligible individuals with disabilities within the State who are not served under this subsection. The Commissioner shall award a grant, contract, or cooperative agreement to an eligible entity to support a training and technical assistance program that— responds to agency specific information requests concerning high-quality employment outcomes, from designated States agencies and recipients of American Indian vocational rehabilitation service grants funded under part C of title I (referred to in this subsection as AIVRS grantees ), including— requests for information on the expansion of self-employment, business ownership, business development opportunities, and other types of entrepreneurial employment opportunities for individuals with disabilities; requests for information on the expansion and improvement of services to facilitate the transition of students with disabilities from school to postsecondary life, including competitive integrated employment; requests for examples of policies, practices, procedures, or regulations that have enhanced or may enhance access to funding for assistive technology devices and assistive technology services for individuals with disabilities; requests for information on effective approaches to enhance informed choice and a consumer-directed State vocational rehabilitation system; requests for assistance developing corrective action plans; requests for assistance in developing and implementing effective data collection and reporting systems that measure the outcomes of the vocational rehabilitation services, and preparing reports for the Commissioner as described in section 106(b)(1); and requests for information on effective approaches that enhance employment outcomes for individuals with disabilities, including conducting outreach and forming partnerships with business and industry; and provides agency specific, regional, and national training and technical assistance concerning vocational rehabilitation services and related information to designated State agencies and AIVRS grantees, including— facilitating on-site and electronic information sharing using state-of-the-art technologies, such as real-time on-line discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect vocational rehabilitation programs authorized under title I; enabling the designated State agencies and AIVRS grantees to coordinate training and data collection efforts with one-stop centers established under section 221(e) of the Workforce Investment Act of 2013; enabling the designated State agencies and AIVRS grantees to provide information on how the vocational rehabilitation programs authorized under title I can provide technical assistance to the one-stop centers on making programs offered through the centers physically and programmatically accessible to individuals with disabilities; sharing evidence-based and promising practices among the vocational rehabilitation programs; maintaining an accessible website that includes links to— the vocational rehabilitation programs; appropriate Federal departments and agencies, and private associations; State assistive technology device and assistive technology service demonstration programs, device loan programs, device reutilization programs, alternative financing systems, or State financing activities, operated through, or independently of, comprehensive statewide programs of technology-related assistance carried out under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ), telework programs, and other programs that provide sources of funding for assistive technology devices; and various programs, including programs with tax credits, available to employers for hiring or accommodating employees who are individuals with disabilities; enhancing employment outcomes for individuals with mental illness and individuals with cognitive disabilities, particularly in competitive integrated employment; convening experts from the vocational rehabilitation programs to discuss and make recommendations with regard to the employment of individuals with disabilities and national emerging issues of importance to individuals with vocational rehabilitation needs; enabling the designated State agencies and AIVRS grantees to provide practical information on effective approaches for business and industry to use in employing individuals with disabilities, including provision of reasonable accommodations; providing information on other emerging issues concerning the delivery of publicly funded employment and training services and supports to assist individuals with disabilities to enter the workforce, achieve improved employment outcomes, and become economically self-sufficient; and carrying out such other activities as the Commissioner may require. In this subsection, the term eligible entity means an entity that has— experience and expertise in administering vocational rehabilitation services; documented experience with and knowledge about self-employment, business ownership, business development, and other types of entrepreneurial employment opportunities and outcomes for individuals with disabilities, providing transition services for students with disabilities, and assistive technology; the expertise necessary to identify the additional data elements needed to provide comprehensive reporting of activities and outcomes of the vocational rehabilitation programs authorized under title I, and experience in utilizing data to provide annual reports; and personnel with the skill and background necessary to provide guidance or training to entities carrying out programs authorized under section 121. In developing and providing training and technical assistance under this subsection, a recipient of a grant, contract, or cooperative agreement under this subsection shall collaborate with other entities or individuals, in particular— agencies carrying out vocational rehabilitation programs under title I (including the programs authorized under section 121) and national organizations representing such programs; organizations representing individuals with disabilities; organizations representing State officials and agencies engaged in the delivery of assistive technology; relevant employees from Federal departments and agencies other than the Department of Labor; representatives of businesses; individuals with disabilities, including individuals who use assistive technology and understand the barriers to the acquisition of such technology and related services; and family members, guardians, advocates, and authorized representatives of such individuals. The training and technical assistance provided under this subsection may be delivered through the technical assistance and continuing education centers funded under this title. ; in subsection (f)(2), as redesignated by paragraph (2)— in subparagraph (E), by striking and after the semicolon; by redesignating subparagraph
(F)as subparagraph (G); and by inserting after subparagraph
(E)the following: to provide support and guidance in helping individuals with significant disabilities, including students with disabilities, transition to competitive integrated employment; and ; and by striking subsection (h), as redesignated by paragraph (2), and inserting the following: For the purpose of carrying out this section there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2014 through 2018. Of the sums appropriated under paragraph
(1)for a fiscal year, the Secretary may reserve not more than $500,000 to carry out subsection (e). .
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Sec. 542
Demonstration and training programs
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