WIOA & Olmstead Background, MN's DEED, DHS Programs, VRS, EE, and Waiver Services, proposed bill language, contact www.specialedgradswork.org

1. www.specialedgradswork.org
Special Education Graduates Work
Proposed Legislation
EMPLOYMENT TRANSITION SERVICES
FOR YOUTH WITH DISABILITIES
info@specialedgradswork.org

2. We Believe
Special education graduates make meaningful, individual
contributions to our communities, including at work. The
most successful employment arrangements are long term,
market-driven, located in the community where we live, and
aligned with our skill-set and interests.
Our Purpose
Our purpose is to help Minnesota enact a statewide
competitive employment system, compliant with WIOA, so
special education graduates can transition from high school
to competitive employment.
Public Affairs efforts to
keep SEG’s in the
legislatures’ focus
Work with stakeholders to
develop innovative policies
that put graduates first
Advocate strategically,
honestly, and vigorously
Pursuits
Guiding our Work

3. Education through age 21
Vocational Rehabilitation
Housing and Healthcare
Extended Employment
Career Exploration
Day Programming
Supported Employment
SEG
The Workforce Innovation and Opportunity Act (WIOA)
has changed the way states can provide employment
and day-training services to 18-24 year olds with
disabilities. These provisions went into effect in July of
2016.
Vocational rehabilitation and extended employment,
DEED’s current programs:
• have long wait times
• were designed before WIOA, which has shut the
door to sheltered work
• are more costly, bureaucratic, and administratively
burdensome then what we are purposing
• can be avoided if we created a work-around
• Don’t properly contemplate the demand created by
Minnesota’s workforce shortage and low
unemployment rate
Why the 2017 Session?
DHS
via 87 counties
DEED
MDE
via 553 ISD

4. This May, approximately five thousand special education students will graduate from high school
in Minnesota. Without a new initiative, only 20% will find a competitive job though the VR
system, which is over-capacity with the current population and has a 6 month or more wait-list.
We don’t want to just add money to the system as it currently is designed, because it was created
prior to the Olmstead order and WIOA. Minnesota’s current workforce shortage means businesses
are looking for employees. There are providers who know how to help the SEG population find and
maintain competitive employment.
The historical route for 18-24 year olds has been to sheltered workshop or other sub-minimum
wage work. That entrance ramp is now blocked by WIOA to encourage states to support market-
driven employment arrangements. A new streamlined program would get SEG into the workforce,
paying taxes, and cost about 25% as much as institutional settings, like sheltered work.
Background

5. Minnesota’s
Olmstead Planning
Committee was
formed and included
a wide-variety of
stakeholders.
Governor Mark
Dayton establishes
the original
Olmstead Plan Sub-
Cabinet to develop
and implement a
comprehensive plan
supporting freedom
of choice and
opportunity for
people with
disabilities.
The Olmstead Plan
was submitted to
the Court which
approved it in
September 2015.
The Civil Rights
Division launched an
effort to enforce the
Supreme Court's
decision in
Olmstead v. L.C.
Olmstead Timeline
Minnesota reached
an agreement with
the Feds on a plan
to comply with the
law.
In June an
Amendment
incorporating the
proposed goals for
the remaining two
topic areas. On June
21, 2016, the Court
approved the plan.
20122009 20152011 20162013
The SCOTUS rules in
Olmstead v. L.C, that
states must
eliminate
unnecessary
segregation of
persons with
disabilities and to
ensure they receive
services in the most
integrated setting.
1999
Workforce Innovation Opportunities Act (WIOA)
WIOA and Olmstead have at
their center the same objective:
empowering citizens to live
independently, in community-
based settings whenever
possible, and to end policies that
institutionalize or segregate
persons with disabilities away
from the rest of the community.
WIOA says Special Education Graduates who were 24 or younger in July, 2016 may not be paid
less then minimum wage, essentially shutting the front door to sub-minimum wage work for
18-24 year olds. While this makes a lot of families and providers nervous, the point of the law is
to get as many young people into jobs in their own communities (sometimes called competitive
employment) which is supported by a program called extended employment. WIOA helps this
process by granting eligibility to anyone in Special Education programs, but in Minnesota EE
doesn’t have any capacity, and only allows 28 providers across the state.

6. Redesign the system. We can create a streamlined system to help special education graduates
transition from high school to the workplace, while skipping a backlogged VR and EE system. By
giving young people an alternative from VR and EE in the first place, we give those programs the
time and resources to work on individuals currently on the waitlist through the process.
Results-based employment. SEG will be a results-driven system into competitive, integrated,
market-based employment only. Support dollars will follow the graduates, not the provider. We
know results-based programs work because they've been tested in Minnesota and in Washington,
and the pilots show significant cost savings over traditional VR/EE programs
Ensure competition. SEG will be open to all providers serving the 18-24 population. As providers
transition to the new WIOA environment, we can all learn from each other and help each provide
the best possible competitive employment services to special education graduates.
Principles

7. • A new statutory appropriation
• Housed or at least administrated by the DEED EE system
• Empower smaller providers who may not currently be doing extended employment but are serving
individuals that could be successful in such an arrangement
• Open this program to all providers
• Money follows the individual and not the provider
• Existing computer system pays providers based on performance calculated on hours worked
• The payment for hours worked is allowed the First Day of Competitive Employment and paid on the number
of hours worked, verified by payroll statements
Proposed Structure
• Those aged 18-24 avoid the VR wait list—enter employment immediately
• Help create competition and innovation among providers
• Create compliance with WIOA
• Thousands of young people never enter sheltered workshops or DT&H settings if they don’t need them
• CARF accredited providers all over Minnesota are empowered to find employers who want SEG’s in their workforce;
empowered to work with schools to match willing SEG’s with employers; empowered to provide job support skills
to the SEG’s as needed; and empowered to collect compensation for their work by receiving per hour payments
from the State after submitting pay stubs for the workers they are helping. The hourly compensation, currently
$4.37 per hour paid to the provider. The employee receives at least a minimum wage.
To Create Outcomes

8. Vocational Rehabilitation
Services
Apply to VR, 60 days to
determine eligibility, Individual
Plan for Employment, Outcome-
successful employment
placement
Extended Employment (EE)
Long term employment support
for people with disabilities
Service provider determines
eligibility, only 28 providers are
accepted
Workforce Innovation and Opportunity Act (WIOA)
Supportive Employment
Same as Extended Employment
program but for those on CADI
waiver and funded by DHS21 year old special ed grads
6 MONTH WAIT
ENROLLMENT CAPPED
PROVIDERS CAPPED
METRO CENTRIC
DT&H Programs
Sheltered workshops and sub-
minimum wage crews
WIOA PROHIBITS
REQUIRES MEDICAID WAIVER
DHS
WIOA REQUIRES 15% of VR BE
SPENT ON 14-21 YEAR OLDS
SEGW PROGRAM
Long term employment support for 18-24
year olds with disabilities Service provider
determines eligibility, only 24 providers are
accepted
Money follows client, no provider cap,
performance based system, paid only
after successful placement/ongoing
support to keep employment
WIOA ASSUMES ELIGIBLY
Need a new, less
expensive path
Post-secondary education
DEED

9. Section 1. EMPLOYMENT TRANSITION SERVICES PROGRAM FOR YOUTH WITH DISABILITIES:
Subdivision 1. Program established. The commissioner of employment and economic development, in cooperation with the
commissioner of human services, shall develop a statewide program of grants as outlined in section _______ to provide employment
transition services for 18-24 year olds eligible under section 511 of the Workforce Innovation and Opportunity Act to obtain and retain
competitive, market-based employment in the state.
Subd. 2 Project Requirements. Projects funded under this section must: (1) assist eligible persons in obtaining and retaining competitive,
market-based employment; (2) emphasize individual client preferences; (3) pay on an hours-worked basis only after the eligible individual is
placed in a job and maintains employment for ____ days; (4) outline the mechanism for the eligible individual to change employment
arrangements and providers; (5) comply with federal wage requirements under section ____ of the Workforce Innovation and Opportunity
Act; (6) ensure interagency collaboration; (7) conduct rapid job search; and (8) involve clients in the planning, development, oversight, and
delivery of support services. The commissioner shall not restrict providers who meet the standards outlined under section ____ of the
Workforce Innovation and Opportunity Act
Subd. 3 Request for Proposals. The commissioner of employment and economic development, in consultation with the commissioner of
human services, shall develop a request for proposals which is consistent with the requirements of this section and which specifies the
types of services that must be provided by grantees. Priority for funding shall be given to organizations carrying out evidence-based
practices. Each applicant for funds under this section shall submit an evaluation protocol as part of the grant application.
Subd. 4.Reporting.
In consultation with the Commissioner of the Department of Human Services, the Commissioner shall determine the cost savings
generated by the grant program under this section and report on the cost savings to each agency and plans for reallocation of funds to the
chairs of the policy and finance committees of the legislature having jurisdiction before February 1, 2018.
Section 2. APPROPRIATION.
$6,000,000 in fiscal year 2018 and $6,000,000 in fiscal year 2019 are appropriated from the general fund to the commissioner of
employment and economic development for administration of the employment transition services program for youth with disabilities
program under Minnesota Statutes section ________. The commissioner, in consultation with the commissioner of human services, shall
work to draw down federal funding from all applicable federal programs.

10. Contact
For Policy-Makers, Staff, and Lobbyists
Ben Olson
ben@olson-advocacy.com
For Provider or Parents
Nancy Gurney
NancyG@oppserv.org
For Employers or Education Administrators
Amy Walstien
amy@walstien.com
For Media
Wy Spano
wy@avnerspano.com
Thank you!