Developed By Glenn Young, MPA Adult LD Consultant

1. Learning Disabilities -And Adult Literacy IssuesIntroduction to Learning Disabilities in Adults. Developed By Glenn Young, MPA Adult LD Consultant Current Consultant for the National Association of Workforce Boards Former Disabilities and Adult Education Specialist US. Department of Education Office of Vocational and Adult Education gyoungxlt@comcast.net

2. PRESENTATION GOALS The purposes of this presentation on Learning Disabilities in Adults is to increase consumer employment success and their long-term maintenance in employment. • Employment should be the “outcome of choice” for persons with disabilities, including learning disabilities.

3. PRESENTATION GOALS The purposes of this presentation on Learning Disabilities in Adults is to increase consumer employment success and their long-term maintenance in employment. Employment success comes about through the recognition of the disability, rather than the avoidance of the disability issues. (Using accommodations) The goal of disability identification is not to use the identification for the purpose of accessing SSI, or placing the consumer in the “exempt category.”

4. GOALS OF PRESENTATION • To increase consumers (persons with learning disabilities) to be successful in adult literacy, work and work training programs. • In areas of work performance – the LD may need to identify for the purpose of providing accommodations, assistive technology and other adjustments to address the areas of work problems … And • To address potential communication issues based in the disability.

5. Part I • A Brief History • Changing Paradigms • Review of Federal Government Publications • Review of Research to date and findings showing relationships between LD and Poverty and work success • President Bush’s New Freedom • State Responses

6. Employment failure Domestic violence Low literacy skills Mental health and depression Transportation Child care Poor work ethic Limited problem solving skills Lack of social skills AD/HD Learning disabilities Other disabilities Changing View of Disabilities and Workplace TraditionalFactors for Work Failure

7. The LD affects employment… The LD affects the family… The LD affects literacy skills… The LD affects mental health and depression… The LD affects transportation… The LD affects child care… The LD affects workplace skills… The LD affects problem solving skills… The LD affects social skills… The LD affects AD/HD… The adult with LD has protections under the ADA. The LD affects other disabilities… Changing View of Disabilities and Workplace New Paradigm of Learning Disabilities Needed to Bring About Work Success

8. Changing View of Disabilities and Workplace LEP and LD What Research Is Showing What is the real percentage of overlap? Poverty + LEP + Lack of Knowledge on Disabilities = Undiagnosed LD/LEP Population Limited English Proficiency (LEP) Learning Disabilities Research showing that perhaps as high as 25%

9. Dispute issues – Are we missing the Disability • Disputes arise over many issues – What may be missing is the recognition of a learning disability which may manifest itself in several ways, including but not limited to: • Defensiveness of worker (or manager) • Confusion concerning directions and work requirements • Poor workplace “behavior”

10. Documented VS Undocumented LD • Research shows that up to 17% of the general population may have some form of LD. • Since about 1975, about some 5% of all students in the K-12 system have been) identified as LD. • Of adults LD, only about 1% have proper and valid documentation to qualify for “disability status”

11. Estimated Rates of Adults with LD Documentation • Who are these 99% of adults who have LD who do not have documentation? • Disproportional rates of women • Minority language populations • Low-literate adults (disproportional people of color) • Where do we find them? • Job training programs • Literacy/LEP programs • Prisons • Not in standard disability programs.

12. Estimated Rates of Adults with LD Documentation These “99% of those with LD” can not fit the standard disability process. • Under current law, persons with disabilities are responsible for self identifying and asking for accommodations. • Adult with LD either do not know they have a disability, or • No longer have current documentation (was documented in school)

13. Different Paradigm - Supported • The state studies findings were later confirmed in three reports of the the General Accounting Office (research arm of the US Congress) showed welfare clients who were: • Women, from • Poor backgrounds, • Perhaps minority language, and • Adults also had learning disabilities/dyslexia • The GAO supported the estimates of at a minimum, 45% of TANF clients had LD/Dyslexia

14. Different Paradigm Supported – GAO Reports Three GAO reports estimate that up to 45% of remaining welfare clients may have LD. GAO-02-37 October 2001 WELFARE REFORM - More Coordinated Federal Effort Could Help States and Localities Move TANF Recipients With Impairments Toward Employment GAO-02-884 July 2002 WELFARE REFORM - Outcomes for TANF Recipients with Impairments GAO –03-210 December 2002 WELFARE REFORM - Former TANF Recipients with Impairments Less Likely to Be Employed and More Likely to Receive Federal Supports www.gao.gov

15. THE LEARNING DISABLED IN EMPLOYMENT AND TRAINING PROGRAMS" ISSUED BY THE U.S. DEPARTMENT OF LABOR - 1991 Reports state that: • 50-80% of adults with low reading skills (below 5-7th grade level) are probably Learning Disabled • 15-23% in Federally funded job training programs may have a learning disability, and • 25 to 40 percent on welfare may have learning disabilities.

16. US Department of Health and Human Services (1992) “Functional Impairments of AFDC Clients” The report states: Many AFDC (welfare) clients do not have a high school diploma or equivalent which … is due in large part to the widespread existence of learning disabilities. Many clients were… never identified as learning disabled and … never received special education. Most were not even aware of their problems.

17. Department of Health and Human Services - Office of Inspector GeneralFunctional Impairments of AFDC Clients (1992) Recommendations: 1. States should develop mechanisms to assure appropriate identification, referral, and follow-up of clients with functional impairment. These mechanisms could include: • in-depth assessments with questions and features specifically targeted to functional impairments • training AFDC and JOBS workers to identify functional impairments, and • improved links with local programs with serve the functional impaired, particularly with regard to follow-up.

18. Department of Health and Human Services - Office of Inspector GeneralFunctional Impairments of AFDC Clients (1992) Recommendations: 2 The Administration for Children and Families should assist States and Local governments by publicizing effective practices for identifying, referring, and serving the functionally impaired. 3 The Administration for Children and Families should conduct research on the extent and nature of impairments and interventions

19. Recent Findings of Pilot Efforts in the Area of Learning Disabilities and Welfare Populations: Washington State (1994-1997) Department of Social and Health Services - three sites 48% LD 5% Mild Mental Retardation Kansas (1995-1997) Department of Social and Rehab Services - three sites 30% LD 10% Mild Mental Retardation Virginia - (1998-2000) Department of Social Services - nine sites 61% LD 10% “Functional disabilities”

20. U.S Department of Health and Human Services (DHHS), Administration for Children and Families (ACF) June 1995 • Only recently has there been an understanding that the presence of undiagnosed learning disabilities in a high percentage of low-income people greatly impedes governmental efforts to effectively provide a wide range of services aimed at alleviating poverty in this population.

21. The Family Impact Seminar “Welfare Reform and Literacy: Are We Making the Connection” (1996) • Although it is now generally understood that LD persists into adulthood and may affect an individual in social, employment, and academic settings -- very few states have adopted a definition of LD pertinent to adults and adult service providers. (Cohen, et al 1994)

22. President Bush’s New Freedom Initiative • Fulfilling America’s Promise to Americans with Disabilities • Americans with disabilities have a lower level of educational attainment than those without disabilities • Americans with disabilities are poorer and more likely to be unemployed than those without disabilities • Too many Americans with disabilities remain outside the economic and social mainstream of American life http://www.whitehouse.gov/news/freedominitiative/freedominitiative.html

23. President Bush’s New Freedom Initiative • Fulfilling America’s Promise to Americans with Disabilities • Increasing Access to Assistive and Universally Designed Technologies • Expanding Educational Opportunities for Americans with Disabilities • Promoting Full Access to Community Life • Integrating Americans with Disabilities into the Workforce http://www.whitehouse.gov/news/freedominitiative/freedominitiative.html

24. Critical Factors for Success of Persons with Disabilities • Self Awareness - understanding of having a disability. • Understanding of laws and protections under the laws and, • Accessing assistive technology and other accommodations. • Office of Disability and Employment Policy (ODEP) http://www.dol.gov/odep/

25. Critical Factors for Success of Persons with Disabilities • Most adults with Learning Disabilities are not self awareness - do not have an understanding that they have a disability. • Most adults with LD do not understand disability laws and protections offered under these laws, and • Most adults with LD are not able to access assistive technology and other accommodations.

26. June 22, 2001 Texas Workforce Commission Letter • Prohibition Against Discrimination based on Disability or Limited English Proficiency in the Administration of Work Force Services • References: US Civil Rights Act 1964, Title VI Rehab. Act of 73, Section 504 ADA, 1990, Title II Workforce Investment Act, 1998, Sec 188 US Labor Guidance on 1964 act US HHS Guidance on TANF and Disability US HHS Decision on MA TANF discrimination case “ BOARDS MUST COMPY WITH ALL THESE CIVIL RIGHTS LAWS”

27. Part II • A Brief History • What is Learning Disabilities • Federal Definitions • Causes of LD • Links to Poverty • New Research Findings • Literacy interventions • Gender myths • Language myths

28. The Operative Word in “Learning Disabilities is “Disabilities” • In order to understand Learning Disabilities we need to first understand disabilities

29. FEDERAL CIVIL RIGHTS LAWS FOR DISABILITY ISSUES • THE REHABILITATION ACT OF 1973/SECTION 504 • INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA 1990/97) (FORMERLY- PUBLIC LAW 94-142 • THE AMERICANS WITH DISABILITIES ACT OF 1990 • WORKFORCE INVESTMENT ACT OF 1998/SEC.188

30. Federal Definition of Disability for purpose of Civil Rights • A physical or mental impairment that substantially limits one or more of the major life activities of such individual • A record of such an impairment • Being regarded as having such and impairment. ADA Regulations 1630.2 - Definition

31. Federal Definition of Physical or Mental Impairment • Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genito-urinary, memic and lymphatic, skin and endocrine, or • ADA Regulations 1630.2, Definition

32. Federal Definition of Physical or Mental Impairment • Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities ADA Regulations 1630.2, Definition

33. Federal Definition of Major Life Activity Functions such as: caring for oneself performing manual tasks walking seeing hearing speaking breathing learning working ADA REGS 1630.2 DEFINITIONS

34. Federal Definition of “Substantially Limits: ADA Regs. 1630.2 Definitions 1) Unable to perform a major life activity that the average person in the general population can perform, or: 2) Significantly restricted as to the condition manner or duration under which an individual can perform a particular major live activities as compared to the conditions manner or duration under which the average person in the general population can perform that same major life activity

35. WITH RESPECT TO THE MAJOR LIFE ACTIVITY OF "WORKING" THE FEDERAL DEFINITION OF SUBSTANTIALLY LIMITS IS • Significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training skills and abilities. • The inability to perform a single particular job does not constitute a substantial limitation in the major life activity of working. • AMERICANS WITH DISABILITIES ACT REGULATIONS 1630.2 DEFINITION

36. Reasonable Accommodations • In Federal law "reasonable accommodations," is defined as meaning: modifications or adjustments . . . that enable a qualified individual with disability to perform the essential functions (of the job or activity).{ADA regulation. Section 1630.2(o)} • A qualified individual meansan individual with a disability who . . . with or without reasonable accommodations, can perform the essential functions (of the activity).{ADA regulation Section 1630.2(m)

37. Title II of the ADA …(2) The term qualified individual with a disability means an individual with a disability who, • with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, • meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

38. THE THREE USES OF THE TERM LD LD - Learning Differences LD - Learning Difficulties LD - Learning Disabilities

39. Who is covered by Civil Rights Laws Only persons with disabilities are covered by civil rights laws. • There is no civil rights protection for having a learning difference. • There is no civil rights protection for have learning difficulties • There is civil rights protection for having a disability - including learning disabilities.

40. Vocational Rehabilitation Services Administration - Definition VR defines LD as: • A specific learning disability is a disorder in one or more of the central nervous system processes involved in • perceiving, understanding, and/or using concepts through • verbal (spoken or written) language or non- verbal means.

41. Vocational Rehabilitation Services Administration - Definition VR defines LD as: • This disorder manifests itself with a deficit in one or more of the following areas: • attention, - reasoning, • processing, - memory, • communication, - reading, • writing, - spelling, • calculation, - coordination, • social competence, and • emotional maturity.

42. National Joint Committee on Learning Disabilities (NJCLD) (definition revised 1994) • “Learning disabilities” is a general term that refers to a heterogeneous group of disorders manifested by significant difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning, or mathematical abilities. • These disorders are intrinsic to the individual, presumed to be due to central nervous system dysfunction, and may occur across the life span...

43. National Joint Committee on Learning Disabilities (NJCLD) (Definition revised 1994) Although learning disabilities may occur concomitantly with other handicapping conditions • (for example: sensory impairments, mental retardation, or serious emotional disturbance) or with extrinsic influences (such as cultural differences, insufficient or inappropriate instruction), they are not the result of those conditions or influences.

44. Disability, not Teaching Failure • The definitions show learning disabilities to have a foundation of impairment in the central nervous system. • The academic (and social) failings are based on the impairment, not lack of access or opportunity

45. Every Child a Learner: Reducing Risks of Learning Impairment During Pregnancy and Infancy, Newman and Buka, 1990 • The causes of learning impairments are: 1) low birth-weight, 2) prenatal alcohol exposure, 3) maternal smoking, 4) prenatal exposure to drugs, 5) lead poisoning, 6) child abuse and neglect, and 7) malnutrition.

46. Some Known Causes • Genetic Defects Birth trauma Endocrine gland dysfunction Diet • Lead poisoning Oxygen deprivation • Accidents Toxins • Chronic illness (ear infections, etc.) • Early childhood high fevers • Pre-natal malnutrition • Maternal substance abuse • US Dept of Labor -1991

47. New evidence points to a link between environmental poisons and learning disabilities. Kids at Risk! Chemicals in the environment come under scrutiny as the number of childhood learning problems soars! June 19, 2000

48. Poverty and Learning Disabilities • “Living in poverty increases the likelihood of children having a learning disability by 30%.” (Children’s Defense Fund, “Wasting America’s Future” Sherman, 1995, p79).

49. Children’s Defense Fund, “Wasting America’s Future”1994 • 65.4% of households with a student with SLD have an annual income of less than $25,000 (specific learning disabilities) as compared with 38.8% for the student population in general. Martha Coutinho, “Secondary Education & Beyond”, (LDA, 1995)

50. TYPES OF LEARNING DISABILITIES (From “Steps to Independent Living” by Dale Brown) • ACADEMIC DIFFICULTIES: • DYSLEXIA - INABILITY OR REDUCED ABILITY TO READ • DYSCALCULIA - INABILITY OR REDUCED ABILITY TO DO MATH • DYSGRAPHIA - INABILITY OR REDUUCED ABILITY TO WRITE