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Consortia of Administrators for Native American Rehabilitation CANAR. T ribal V ocational R ehabilitation - C ontinuous I mprovement of R ehabilitation C ounselors, L eaders, and E ducators TVR CIRCLE Introduction to VOCATIONAL REHABILITATION. PART I. History of VR and Tribal VR
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Consortia of Administrators for Native American RehabilitationCANAR Tribal Vocational Rehabilitation - Continuous Improvement of Rehabilitation Counselors, Leaders, and Educators TVR CIRCLE Introduction to VOCATIONAL REHABILITATION
PART I History of VR and Tribal VR Consortia of Administrators for Native American Rehabilitation CANAR
NAVAJO NATION OSERS First Tribal VR Program 1981
History of Tribal Vocational Rehabilitation Program • The need for vocational rehabilitation for American Indians with disabilities was first recognized on the Navajo Nation with the Arizona Department of Security, Rehabilitation Services Administration in the late 1960’s • AZ RSA funded a 3 year Research & Demonstration Project at NAU for service delivery strategies by recruiting & hiring Navajos. The research also identified gaps in services to the reservation • AZ RSA in Flagstaff/Phoenix administration office lobbied for recognition of NN as a “Sleeping Giant” that was about to awaken. A result to pursue and obtain services under the Rehabilitation Act
History of Tribal Vocational Rehabilitation Program • Through the efforts and support of Arizona VR and Region IX RSA in San Francisco, Dr. Herb Leibowitz was place on an IPA assignment to the Navajo Nation to work on the law to the Reauthorization of the Rehabilitation Act of 1978 to include a section for American Indians to administer and provide vocational rehabilitation to American Indians with disabilities. The amendment was passed, but the funds were not appropriated until 1980, that only awarded Navajo VR for five years • Region IX RSA identified Navajo VR as a state VR agency and had an open invitation for Navajo VR to attend all the RSA Region IX state directors quarterly meetings in San Francisco with California, Hawaii, Arizona and the Pacific Islanders (Guam, Palau, American Samoa, Saipan, Mariana Islands)
History of Tribal Vocational Rehabilitation Program • Arizona DVR was the lead state VR agency that allowed • Navajo VR to use their state case management and • reporting system in tracking client data and the case • status system • Funds provided by AZ RSA to NVRP in hiring 2 liaisons • and $5,000 for client services and services and plan • developed was the responsibility of AZ RSA. • Rehabilitation Act of 1973 as amended in 1978-PL95-602 • authorized special project grants to governing bodies of • federal or state recognized tribes on reservation to develop • culturally relevant VR services under Title I, Part D, Section • 130; However, funds were not appropriated, until 1980, • when $700,000 was set aside and awarded to NVRP;
History of Tribal Vocational Rehabilitation Program • 1975, Arizona Division of Vocational Rehabilitation funded a three year establishment grant to the Navajo Nation to begin serving persons with disabilities living on the Navajo Indian Reservation • 1978 a tri-state grant entered into by the state vocational rehabilitation agencies in Arizona, New Mexico, and Utah provided funds to Navajo to continue serving cases opened during the 1975-1978 period • 1978 Rehabilitation Act reauthorized… section 130 created, authorizing the first Federal Voc Rehab funds specifically for American Indians with disability living on a reservation
History of Tribal Vocational Rehabilitation Program • 1978 PUBLIC LAW 95-602 Section 130: Provided VR Service Discretionary Grants to Indian Tribes located on Federal & State Reservations for American Indians with disabilities. NIDRR, NCD, etc., were established • 1981-1984 all VR funds appropriated for Section 130 under Title I of Rehab Act was awarded to NVRP • 1985-1988 (3) other tribes were funded: Chippewa Cree, Salish & Kootenai; Shoshone-Bannock; • 1986 Section 130 set-aside was appropriated 1/4 to ½ of 1%
History of Tribal Vocational Rehabilitation Program • 1990-1999 • Increase set-aside to 1% • Increase 130 programs 16-32 • 1992 increased from 32-64 programs • CANAR was established through NCDI Region VIII RECP • Introduced 22 resolutions for amendments, 20 were included. Permanent • funding and Community Rehabilitation Program were not considered • Significant statutory changes: lengthening project period 3 to 5 years and • priority consideration (10) points to reapplications • Amendment to require states to have a cooperative agreement with TVR • 32-69 tribal VR programs in 25 states, serving 98 reservations and 24 • Alaska villages and communities • 1998 amendment change to Title I, Part C, Section 121 • Appropriations increased 9.50% to 38.80% to 57.70%
History of Tribal Vocational Rehabilitation Program • 1999 RSA awarded a contract to Development Associate, Inc. (DEI) to conduct an evaluation. (30) AIVR programs were evaluated of the 64 programs. Ten (10) were recently funded so they were not included to identify the effectiveness, performance and outcomes of the programs. • Major objectives were: • Describe & analyze the characteristics, services received and outcomes • Identify the degree that NA are not served or underserved in the 130 • service delivery areas. • Describe organizational structure & management of projects • Describe project’s VR practices: vocational assessments, eligibility, plan • development, fostering consumer choice & delivery of services. • Identify cost effectiveness • Describe economic & resource environments of the projects • Identify best practices & make recommendations for program • improvement Evaluation included five data collections: Mail survey to 54 projects funded 99-2000, 30 site visits – interviews, case reviews, focus group with project staff; phone interviews with 3 project directors, with RSA admin staff, comparison of case records with state VRA.
DAI – Ten conclusions and seven recommendations: • Overall, the programs were performing and providing quality VR services with positive employment outcomes. • In 1998-1999 Mr. Richard Corbridge RSA Region X Commissioner • conducted case reviews, expenditures and program management of all the • programs. He drove from Seattle, Washington and met with each of the 69 • programs across the country, using his own RV. • Pamela Martin and Suzanne Tillman from RSA central also participated in • the reviews. • As a follow-up to the reviews, Mr. Corbridge conducted Cluster reviews • with the with the assistance of RCEP’s in four regions: Southwest, • Northwest, Southeast and Northeast. • The outcome of the two program review and evaluations showed and • justified they were providing quality services with employment outcomes. • In addition, they had positive tribal/state working relationships. • Two the major issues and challenges facing the programs were the tribal • finance departments lack of understanding and tribal government • administration in some cases micromanaged the programs in determining • the client served. • 2002 RSA implemented a new Annual Reporting System that included the • GRPA data information . RTI was contracted to develop the reporting • system.
2000-2010 • Capacity Building for training, staff development and technical assistance – • NAU, SDSU, WWU-CCER, UNC • CANAR annual and mid year conferences for AIVR and other partners • Programs increased to 72 and the appropriations is $38,000,00+ • GRPA reporting was implemented, Electronic Annual Reporting System • RCEP programs were changed to TACE Centers • Client served 10,000 with 2,000+ with employment outcomes and success • rate is 64% and higher • The support systems for TA, training, staff development, program review and • monitored impacted, due to the following entity not refunded: ARRITC, • WWU, AIDTAC, RSA regional offices, therefore, • CANAR TVR CIRCLE was funded on October 1, 2010 to provide Technical • Assistance and Training
PART II What is VR… What is WIA… What is the VR Process…
What is VR / What is WIA and how do they interface…
Vocational Rehabilitation (VR) The Smith-Fess Act of 1920 is considered the beginning of the public rehabilitation program for persons with disabilities. Funds were provided for vocational guidance, training, occupational adjustment, prosthetics, and placement services. Many changes occurred over the next 53 years… and with the 1973 reauthorization, the Rehabilitation Act became a watershed of disability legislation and really the foundation for most of our modern rehabilitation concepts and practices.
What was in the 1973 Rehab Act? Rehabilitation Act of 1973 changed the name of the legislation from the Vocational Rehabilitation Act to The Rehabilitation Act. A priority to serve persons with severe disabilities was mandated. Affirmative action programs were established in Title V, Sections 501, 502, 503, and 504. The establishment of the Individual Written Rehabilitation Program (IWRP) was a major step to ensure the enhanced involvement of the consumer (VR client) in developing a rehabilitation plan of action. NOTE: IWRP is now Individualized Plan for Employment
Rehabilitation Act Titles Title I… Title One of the Rehab Act describes the basic structure of the public rehabilitation system. It establishes the role of state VR agencies and TVR Authorizes a special program for American Indian and Alaska Native individuals with disabilities…under section 121 to meet the unique rehabilitation needs of this group. Title II… Title Two of the Act covers Research and Training issues related to disability and rehabilitation. This title establishes the National Institute on Disability and Rehabilitation Research - usually called NIDDR.
Rehabilitation Act Titles Title III …Title Three of the Act authorizes funding for Special Projects and Demonstrations related to VR services and training. This includes funding for a variety of academic scholarships, development projects, and educational programs. Title three also funds projects to expand or improve VR services and projects to provide VR services to migrant and seasonal farm workers. Title IV… Title Four of the Act establishes a National Council on Disability (NCD). This council acts as the voice of people with disabilities at a national level, similar to the State Rehabilitation Councils on an agency level.
Rehabilitation Act Titles • Title V… Title Five addresses the rights and advocacy of people with disabilities. It describes how the Federal Government and the projects it funds will protect the rights of people with disabilities and not allow discrimination toward them. This title is the civil rights section of the Act and is a forerunner of the ADA. • Title VI… Title Six establishes two specific approaches to promote employment opportunities for people with disabilities. • The first is Projects With Industry (PWI) and the second is Supported Employment (SE). • The Projects With Industry grants program promotes corporate hiring of qualified people with disabilities into competitive jobs. • Supported Employment Program helps people with the most significant disabilities find competitive, community-based jobs. • This title of the Act makes sure the Public Rehabilitation System includes the business community.
Rehabilitation Act Titles • Title VII… Title Seven establishes several support systems for independent living of people with disabilities. • The first is a program called Independent Living Services, which provides funds for states to help people with disabilities live independently. • Title Seven also establishes the system of Independent Living Centers - or ILCs - that provide referral, advocacy, and guidance services to promote independent living. • The third program is Independent Living Services for Older Individuals Who Are Blind. • Title Seven also establishes the State Independent Living Councils as a key administrative part of the independent living programs.
Workforce Investment Act of 1998 Passed by Congress in 1998 to help address the challenges of a global economy, the WIA, which replaced the Job Training Partnership Act (JTPA), took effect July 1, 2000 and provides federal funding for workforce development nationwide. Under WIA, every local workforce area has a Workforce Investment Board (WIB) that oversees the use of WIA funds. Nationwide there are approximately 650 state and local WIB’s. WIA focuses on the needs of employers/businesses and on how to make companies and industries more productive. WIA gives state and local governments the primary responsibility for implementing all programs and mandates an even larger role for business led decision-making. A major goal for WIA is economic development for the business community obtained by growing companies and increasing the number of jobs.
WIA Contents Title I Authorizes the new Workforce Investment System Title II Reauthorizes Adult Education and Family Literacy Programs Title III Workforce Related Activities Title IV Reauthorizes and Amends the Rehabilitation Act (Rehab Act is within WIA) Title V General WIA Provisions regarding state unified plans, transition provisions, incentive grants
The underlying sell for WIA has been to Streamline “job training” Streamlining services through better integration at the street level in the One-Stop delivery system. Programs and providers are encouraged to co-locate, coordinate and integrate activities and information, so that the system as a whole is coherent and accessible for individuals and businesses alike. As VR is considered a job training program we have been included in WIA and we are now Title IV of the Workforce Investment Act.
WIA at the Tribal Level Just as with VR, Work Force has a Tribal version. On the Reservation Title I of WIA, Employment and Training is covered under section 166. The Tribal Employment and training programs carry out many of the same mandates that the state employment and training programs do.
VR and WIA Interface As this is not a perfect world at the state level or tribal level, interface is variable. In some Tribal communities there is a good partnership with each party providing joint services to the individual with a disability and in some communities there is a struggle over resources. Remember streamlining, the purpose of combining these programs was to make things better for the individuals served by them. So seek out the WIA resources for your consumers and develop a partnership with that program and its staff members.
PL 477 Public Law 477 has Tribally operated employment programs Opportunity to partner with the Tribal PL 477 programs administered on reservation, Alaska Native village and other Tribal communities (i.e. Trust Lands, Rancherias, etc…)
Tribal Vocational Rehabilitation PURPOSE: To provide vocational rehabilitation services to American Indians and Alaskan Natives with disabilities who reside on or near federal or state reservations and Alaskan Native villages consistent with their individual strengths, resources, priorities, concerns, abilities, capabilities, and informed choice, so that they may prepare for and engage in gainful employment, including self-employment, telecommuting and business ownership.
Eligibility Criteria: • Be an enrolled member of an American Indian/Alaska Native tribe; • Reside on or *near the Tribal Nation; • Have a physical or mental impairment which constitutes or results in a substantial impediment to employment and; • Require vocational rehabilitation services in terms of an employment outcome. *Note: Tribal Nation determines radius off the reservation.
What is VR and TVR? Early Efforts In 1947, the Office of Vocational Rehabilitation and the Bureau of Indian Affairs signed a Cooperative Relationship Memorandum 21 resolving to focus their efforts to serve Indians with disabilities… Results? Prior to 1975 Vocational Rehabilitation services were almost non existent in Indian Country; However… In 1978, Section 130 of the Rehab Act identified discretionary funding for Tribally administered VR programs
High rates of disabling conditions such as cancer, heart disease, substance abuse, specific learning disabilities, and traumatic brain injuries • Today’s issues in Indian Country are much the same as they were 25 years ago; poverty, rural and remote communities, language and cultural barriers, high unemployment rates… • Off-reservation service agencies are still trying to understand the distinct cultures within tribal communities • Funding increased from $650,000 in 1981 to $34,000,000 currently
At present there are 82 AIVR programs located in 25 states • Representing approximately 300 federally recognized tribes and Alaska Native entities along with approximately 60 state recognized tribes. • Alaska alone has 11 AIVR programs representing 178 of 227 tribal entities. • However, Oklahoma is catching up with 9 AIVRS programs • About 250 native languages are still spoken in US today
What do we look like? • The following two slides give you a hint • With 82 programs comes great diversity • I.E. subsistence living in the Nome, AK area • Urban / rural resources illustrated by some of the partner logos from the Cherokee Nation VR program in Tahlequah, OK
Meet a few of our partners Cookson Hills Talking Leaves Oklahoma Department of Commerce SACC-EZ Carl Albert State College
AIVR Performance Data Funding increased from $650,000 in 1981 to $34,000,000+ in 2010
PART III Definitions: Acronyms, Terms & Phrases… handouts
Tribal Vocational Rehabilitation Projects • Communication with Consumer and providers. • Ensure a release of information is signed. • Follow up is important. • Ensure that you are “on track” with the consumer. • Files should be updated and accurate. • Project evaluations to ensure compliance. • Any questions on issues should all be directed to • your program officer. • 121 Project Directors List Serve is another area of • research.
Section 7 of the Rehab Act Definitions Sec. 7. For the purposes of this Act: (1)Administrative costs The term "administrative costs" means expenditures incurred in the performance of administrative functions under the vocational rehabilitation program carried out under title I, including expenses related to program planning, development, monitoring, and evaluation, including expenses for‑‑
Section 7 of the Rehab Act (A) quality assurance; (B) budgeting, accounting, financial management, information systems, and related data processing; (C) providing information about the program to the public; (D) technical assistance and support services to other State agencies, private nonprofit organizations, and businesses and industries, except for technical assistance and support services described in section 103(b)(5); (E) the State Rehabilitation Council and other advisory committees; Regulation Continues…
Section 7 of the Rehab Act (8)Designated state agency; designated state unit (A)Designated state agency The term "designated State agency" means an agency designated under section 101(a)(2)(A). (9)Disability The term "disability" means‑‑ (A) except as otherwise provided in subparagraph (B), a physical or mental impairment that constitutes or results in a substantial impediment to employment; or(B) for purposes of sections 2, 14, and 15, and titles II, IV, V, and VII, a physical or mental impairment that substantially limits one or more major life activities.
Section 7 of the Rehab Act (19)Indian; American Indian; Indian American; Indian tribe (A)In general The terms "Indian", "American Indian", and "Indian American" mean an individual who is a member of an Indian tribe. (B)Indian tribe The term "Indian tribe" means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaskan native village or regional village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act).
Section 101 of the Rehab Act Sec. 101. State Plans (a)Plan Requirements (1)In general (A)Submission To be eligible to participate in programs under this title, a State shall submit to the Commissioner a State plan for vocational rehabilitation services that meets the requirements of this section, on the same date that the State submits a State plan under section 112 of the Workforce Investment Act of 1998.
Section 101 of the Rehab Act (F) Cooperative agreement with recipients of grants for services to american indians In applicable cases, the State plan shall include an assurance that the State has entered into a formal cooperative agreement with each grant recipient in the State that receives funds under part C. The agreement shall describe strategies for collaboration and coordination in providing vocational rehabilitation services to American Indians who are individuals with disabilities, including‑‑
Section 101 of the Rehab Act (i) strategies for interagency referral and information sharing that will assist in eligibility determinations and the development of individualized plans for employment; (ii) procedures for ensuring that American Indians who are individuals with disabilities and are living near a reservation or tribal service area are provided vocational rehabilitation services; and (iii) provisions for sharing resources in cooperative studies and assessments, joint training activities, and other collaborative activities designed to improve the provision of services to American Indians who are individuals with disabilities.
PART IV Law/Regulations/Resources
Vocational Rehabilitation • U.S. Department of Education • OSERS & RSA • Rehabilitation Act of 1978 (as amended) • Tribal VR (section 121 of the Act) • State DOR (section 110 of the Act) • Education & Training • Guidance & Counseling • Mental & Physical Restoration • Employment for People with Disabilities
Department of EducationOSERSRSA • Rehabilitation Act, as amended 1998 • Titles I through VII • Title I = VR Services (section 103) • Title VII = Independent Living (IL) • Rehabilitation Act is Title IV of the Workforce Investment Act 1998 (WIA)
US Department of Education Office of Special Education and Rehabilitative Services OSERS Rehabilitation Services Administration RSA Rehabilitation Act 1973 As amended 1998 Title I VR Services Section 110 State Allotments Section 121 American Indian VR