Call our RI and national Congressional Members to VOTE FOR this very important Federal Bill (The ABLE Act) in the next few weeks which will allow people with disabilities to have up to $100,000.00 in a tax free account WITHOUT jeopardizing their benefits.
The story of the Olmstead case begins with two women, Lois Curtis and Elaine Wilson, who had mental illness and developmental disabilities, and were voluntarily admitted to the psychiatric unit in the State-run Georgia Regional Hospital. Following the women’s medical treatment there, mental health professionals stated that each was ready to move to a community-based program. However, the women remained confined in the institution, each for several years after the initial treatment was concluded. They filed suit under the Americans with Disabilities Act (ADA) for release from the hospital.
On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C. that unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act.
The Court held that public entities must provide community-based services to persons with disabilities when:
- such services are appropriate;
- the affected persons do not oppose community-based treatment; and
- community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.
Olmstead Enforcement: Community Integration for Everyone
U.S. v. Rhode Island –1:14-cv-00175 – (D.R.I. 2014)
On April 8, 2014, the United States entered into the nation’s FIRST statewide settlement agreement vindicating the civil rights of individuals with disabilities who are unnecessarily segregated in sheltered workshops and facility-based day programs.
The settlement agreement with the State of Rhode Island resolves the Civil Rights Division’s January 6, 2014 findings, as part of an ADA Olmstead investigation, that the State’s day activity service system over-relies on segregated settings, including sheltered workshops and facility-based day programs, to the exclusion of integrated alternatives, such as supported employment and integrated day services.
The U.S. District Court for the District of Rhode Island has entered the settlement agreement as a court-enforceable Consent Decree. Click this link to read more and to see a copy of any the following documents:
- Consent Decree – filed April 8, 2014
- Fact Sheet about Consent Decree
- Order Approving Consent Decree – entered April 9, 2014
- Complaint – filed April 8, 2014
- Letter of Findings – filed January 6, 2014
- Press Release on Landmark Settlement Agreement – April 8, 2014
- Remarks by Acting Assistant Attorney General Jocelyn Samuels at Press Conference Regarding Employment Services for Rhode Islanders with Disabilities – April 8, 2014
- Faces of Olmstead – read several individuals’ stories
- Related item: U.S. v. Rhode Island and City of Providence – 1:13-cv-00442 – (D.R.I. 2013)
The Workforce Innovation and Opportunity Act, the result of months of negotiations, addresses everything from adult literacy and job training to preparing youths with disabilities for employment.
The nation’s workforce development system would receive a long-awaited overhaul under a bipartisan bill announced Wednesday by key committee leaders in both houses of Congress.
The Workforce Innovation and Opportunity Act (WIOA) is the result of months of negotiations. It would finally reauthorize – for the next five years – a law passed in 1998 that has been getting by with year-to-year appropriations since it was originally due for reauthorization in 2003.
The WIOA updates two other laws and addresses adult literacy and job training to preparing youths with disabilities for employment. The goal is to streamline/coordinate programs and reflect changes in the field.
“We can’t expect a modern workforce to succeed with an outdated job training system. The current workforce development system is broken with too much bureaucracy, too many inefficiencies, and too little accountability,”
said Rep. John Kline (R) of Minnesota, chairman of the House Education and the Workforce Committee, in a statement Wednesday.
Sen. Patty Murray (D) of Washington, a senior member of the Senate Health, Education, Labor, and Pensions Committee (HELP), said in a statement that the bill will
“give workers and students the resources they need to succeed…. It’s a prime example of what’s possible when Republicans and Democrats in the House and Senate work together to write laws that help our economy grow.”
Here are some of the key ways the bill is intended to improve the current system:
- It consolidates and streamlines programs. Fifteen programs will be eliminated, though some of them were defunded years ago. More than twice that number would have been axed under the SKILLS Act passed by the House in March. In addition, states, which receive funding based largely on levels of unemployment, will have to submit a strategic plan showing how they will coordinate training, education, and vocational rehabilitation (services for people with disabilities). The system will also become more tailored to individuals, instead requiring that everyone follow a rigid “sequence of services” before they are trained.
- It requires all programs to show how they do on a common set of performance metrics, looking at outcomes such as employment, earnings, and postsecondary education. That means adult literacy programs can’t just focus narrowly on teaching people to read, but should align themselves with or even integrate into occupational training or paths to higher education. One big improvement to the performance metrics is that they would include retention for people in longer-term programs, who previously may not have been counted in the “success” column, says Jim Hermes, an associate vice president at the American Association of Community Colleges in Washington.
- It improves outreach to disconnected youths: Seventy-five percent of youth funding under the bill must serve out- of-school youths. This is significantly higher than previously required, and will enable better support for the field’s growing emphasis on dropout recovery programs, says Andrew Moore, a senior fellow at the Institute for Youth, Education and Families based at the National League of Cities in Washington.
“We’ve seen good examples in places such as Los Angeles and Boston… with partnerships between the local workforce board and the school district to get young people back to school,”
he says. The bill also lends support to strategies that focus on getting youths not just back to school, but also on track for credentials for jobs and postsecondary education.
- It boosts the preparation of young people with disabilities to work in competitive employment. States would have to set aside 15 percent of the relevant funds to help disabled youths transition to higher education or employment. And the bill assures them the opportunity to experience integrated employment. The WIOA includes various
“groundbreaking changes that will raise prospects and expectations for Americans with disabilities, many of whom, under current law, are shunted to segregated, sub-minimum wage settings without ever receiving the opportunities and skills to succeed in competitive, integrated employment,”
said the HELP Committee chairman, Sen. Tom Harkin (D) of Iowa, in a statement.
The compromise bill is more similar to a bill passed by the Senate HELP committee than the House’s SKILLS Act, in that it retains more guidelines for use of funds and more input for local elected officials rather than giving governors more control over how to spend the block grants, says Neil Bomberg, program director in federal advocacy at the National League of Cities.
“It’s been a long trail to get here. It’s almost surreal that it may actually be done in a manner of weeks,” says Mr. Hermes of the community colleges association.
Article reprinted in part from Stacy Teicher Khadaroo, Staff writer / May 21, 2014
(The Christian Science Monitor)