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The Rehabilitation Act Illuminated: Philosophical Foundations for VR

There are two kinds of light the glow that illuminates, and the glare that obscures."-James Thurber. On the note card , complete the following sentence: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three things

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The Rehabilitation Act Illuminated: Philosophical Foundations for VR

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    1. The Rehabilitation Act Illuminated: Philosophical Foundations for VR Kathe Matrone & Katie Cissell Region 10 TACE

    4. First “rights” legislation to prohibit discrimination against individuals with disabilities Standards for determining employment discrimination are the same as those used in Title I of the Americans with Disabilities Act Rehabilitation Act of 1973

    5. Title VI of the Civil Rights Act of 1964 Title IX of the 1973 Educational Amendments The Education for All Handicapped Children’s Act (PL 94-142) (IDEA) ADA of 1990 Relationships to Other Laws

    6. Specific Concern w/Funding Veto Consideration Concern with expansion of the Program’s Goals & Objectives – Independent Living Politics of 1973 Reauthorization

    7. “In these days of budget constraints, I believe it is important to note that vocational rehabilitation is not just another welfare. It not only produces “human dividends” but also produces “cash dividends. – Jacob Javits Congressional Debate

    8. “…but the question really is whether it belongs in a vocational rehab program and whether, with the demands of this particular need, of which there are considerable, indeed we may not, effect, be setting in competition with the VR programs another door for expenditure, another program which on its own perhaps might be a very worthy program.. -Senator Robert Taft Congressional Debate, cont’d.

    9. The Presidential Veto Message of October 27, 1972 stated: “This measure would seriously jeopardize the goals of the VR Program and is another example of Congressional fiscal irresponsibility. Its provisions would divert this program from its basic vocational objectives into activities which have no vocational element whatsoever. . .” So What Did Nixon Say?

    10. Focus on “Most Severe Disabilities” Requires the State Plan to show how persons with the most severe disabilities are served first IWP (now IPE) Required that the IWP which had previously been part of the program be jointly developed with equal participant of the client & counselor. Further mandated that if the original goals could not be achieved, the counselor & client working together to develop a new plan What Survived?

    11. The unquestioned commitment of Congress for the VR Program was eroding Reauthorization of 1973 signaled new era for individuals with disabilities Reauthorization ushered beginning of competition for scare resources between programs for individuals with disabilities with other “worthy” programs What were some political outcomes?

    12. CILs/IL older blind, CAPS, NCD, NIDRR, PWI, Rehab Engineering, Supported Employment, State Rehab Advisory Councils, SILC, American Indian VR, Migrant/farm worker, established. 1973, 1984, 1986, 1992 Amendments

    13. Amendments reauthorized in Title IV of Workforce Investment Act (WIA). Provided for the “one-stop delivery system” for services Comprehensive System of Personnel Development (CSPD) 1998 Amendments

    14. Respect for Individuals with Disabilities Respect for Privacy Inclusion and Integration Inclusion of person’s representative Advocacy Principles of Rehabilitation Act

    15. Title I – Describes basic structure of public VR Title II – Research and Training issues related to disability & rehabilitation Title III– Authorizes funding for special projects & demonstrations Title IV –Establishes the National Council on Disability Title V – Addresses the rights & advocacy of individuals with disabilities Title VI –Establishes PWI & SE Title VII–Establishes supports systems for IL Rehabilitation Act of 1973

    16. Section 100 – Definitions & Policy Principles Section 101 – State Plan Section 102 – Eligibility & State Plan Section 103 – Outlines elements of VR services to individuals & groups Section 104 – Non-Federal share for establishment of programs or construction Section 105 – SRC Title I

    17. Section 106 – Requires RSA to create a set of standards and indicators Section 107 – outlines monitoring responsibilities of RSA Section 108 – Expenditures Section 109 – Training of employers with respect to ADA Section 110 – State allotments Title I Cont’d.

    18. Section 111 – Payments to States Section 112 – CAP Section 121 – AIVRS Section 131 – Data Sharing Title I Cont’d.

    19. Principle One: VR agencies will presume individuals are capable of being employed Title I of the Rehabilitation Act and it’s Principles

    20. Agency to provide opportunities for individuals with disabilities in finding employment in integrated settings Second Principle Title I

    21. Individuals with disabilities must be active & full partners in the VR process Third Principle Title I . .

    22. Families & other natural support systems can be important parts of the VR process Fourth Principle Title l

    23. VR counselors and other staff are trained and qualified for their jobs Fifth Principle Title I

    24. VR agencies must involve individuals with disabilities and their representatives when developing & implementing policies Sixth Principle Title I

    25. VR agencies must use accountability measures that promote and support the goals & objectives of the VR program. Seventh Principle Title l

    26. Congress Finds That . . . Work Fulfills the need of an individual to be productive Promotes independence Enhances self-esteem Allows for participation in the mainstream of life in America Title 1-Section 100

    27. Individual with a Disability Any individual who: Has a physical or mental impairment which constitutes or results in a substantial impediment to employment And Can benefit in terms of employment outcome from VR services Title I – Section 101

    28. Individualized Plan for Employment Eligibility & Ineligibility Determination Presumption of Eligibility Components of IPE Review/Revision IPE Due Process Informed Choice Title I – Section 102

    29. Section 106 requires RSA to create a set of evaluation standards and performance indicators that judge how a state agency is performing. Title I – Section 106

    30. 1.1 – Number of people achieving an employment outcome 1.2 – Percentage of people who reach successful closure 1.3 – Percentage of people who obtain successful closure whose jobs are considered competitive employment Performance Indicators

    31. 1.4 – Percentage of people reaching successful employment who had a significant disability Performance Indicators

    32. 1.5 – The average hourly pay of people who achieve a successful employment outcome compared to the state’s general population. 1.6 – Number of people who were living, primarily, off their own salary when they first came to VR for services compared to the number living off their own salary when they exit. Performance Indicators

    34. Section 501 – Non-discrimination in federal hiring Section 502 – Access to public buildings Section 503 – Non-discrimination in hiring & accommodation by federal contractors Title V: Rights and Advocacy

    35. Section 504 – Include people with disabilities in programs receiving federal assistance Section 504

    36. Section 508 – Federal agencies purchase accessible equipment, electron & information technology Section 509 – Protection & Advocacy (P & A) Title V Cont’d.

    37. Reauthorization of the Rehab Act???? President Obama issues Executive Order to Increase Federal Employment of Individuals with Disabilities (Section 501) US Dept of Labor is seeking input from the public on ways to strengthen 503 regulations Justice Department to survey agencies compliance with Section 508 Olmstead Decision New Directions

    38. “You have to know the past to understand the present” -Dr. Carl Sagan The End

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