Reauthorization of the Rehabilitation Act Summer of 2010

As many of you may or may not know, the Rehabilitation Act is up reauthorization this summer. Information for this blog post was taken from class notes and also from the National Rehabilitation Administration's 2009 Issue Statement. It can be found here.

Within the Workforce Investment Act (WIA), is the Ticket to Work Program and the Rehabilitation Act. Under the U.S. Department of Education is the Office of Special Education and Rehabilitation Services (OSERS). The OSERS controls the Office of Special Education Programs (OSEP), the National Institute on Disability Rehabilitation Research (NIDRR), and RSA. These are an umbrella for public vocational rehabilitation programs. The reason I am explaining this is because the government is considering moving RSA to the Department of Labor and under Office of Disability Employment Policy (ODEP). What will this mean? Well it's very concerning as RSA is the ONLY office in the U.S. Department of Education devoted to the employment of people with disabilities (including adults). If this change occurs, the importance of VR will diminish, as will the devaluation of people with disabilities.

The WIA was created with its own dedicated funding stream. With the reauthorization of the Rehab Act, the House wants to include a provision allowing Governors a broad waiver authority over all mandatory partner programs in the WIA, including the Rehab Act. Governors would then have access to this direct funding stream and use it towards shortfalls within State budgets due to the economy. The National Rehabilitation Administration (NRA) does not approve or support Governors having access to this funding stream to pay for shortfalls, as it takes funding away from people with disabilities (PWDs). The VR programs (Public, Private, State, Federal) provides services and supports by qualified rehabilitation counselors/personnel.

Vocational Rehabilitation (VR) programs continually pay its fair share of expenses for the one-stop career centers (aka PA Career Links), even though they do not serve PWDs, which was the intent Congress had when it linked career links to the Rehab Act (as amended to WIA). The main reason this is so concerning, at least from my perspective, is the fact that Governors would be using the money on a "proportionate" basis; however, the VR program doesn't have a cap on its administrative funding. The RSA recommends that the one-stops need to be revamped and made fully accessible. Furthermore, the one-stops can be funded through the funding stream already recognized/designated funding.

Part of the funding special education and rehabilitation services is that State Workforce Investment Boards (WIBS) ensure that VR funds are directed toward economic independence. People with disabilities it on the WIBS and consider how the funding is being spent and what it is being spent on. They also make suggestions for future accessibility, among other things. Another problem recognized is the fact that there is a shortage of qualified rehabilitation professionals. This is exacerbated by diagnostic tools and AT that are constantly changing/upgrading, an older workforce who is continuing to work longer, issues with chemical dependency, and veterans returning with disabilities.

As most of you know, VR programs serve only the people with the most significant disabilities. If the funding is cut for infrastructure, thousands of eligible people would not be served. Keep in mind that people generally need multiple supports and services, which can be expensive. However, for every $1 spent in serving individuals who utilize SSI/SSDI, the VR program returns $6 of taxpayer dollars to the U.S. Treasury. People with disabilities who enter or re-enter the workforce, with proper supports, return the investment of Federal dollars in becoming taxpaying citizens.

Senator Tom Harking (D-IA), whom I've heard speak, and Representative Danny Davis (D-IL) introduced the Community Choice Act of 2007, which would amend Medicaid (Title XIX of the Social Security Act) to mandate coverage of community-based attendant services and supports for certain Medicaid-eligible individuals. Basically, the money would follow the person!

All of these changes will have the potential to change the supports and services people with disabilities utilize!

So, what are the basic changes if RSA is no longer under the Department of Education?
- RSA will NOT be a protected entity
- The service money in VR budget will be applied to infrastructure costs, which is .5 percent. This doesn't seem like a lot, but it does change from year to year, and once Governors have access to this funding stream, they will continuously take from it.
- With evidence-based practice, supported employment (which is cost-effective) has been proven to help individuals assimilate in to the workplace; however, supported employment is one that needs federal funding state matches (80/20). If RSA is moved to ODEP, states would have the option NOT to match.
- More PWDs would have to seek public assistance
- Partnerships/bonds created with employers would decrease

Basically, there are going to be huge funding and coverage changes, that are going to change the course of rehabilitation counseling and the services that people with disabilities have access to. What can you do? Write to your senators and make it known that moving RSA from the U.S. Department of Education is a HUGE mistake, and people with disabilities should not have to lose the services that they need to gain gainful, competitive employment and access to community integration! This is further concerning due to the economic climates and the rates of unemployment for people with disabilities. There has been a big shift away from the medical model towards the social model, and hopefully the shift towards and integrative model will continue to occur. The U.S. Department of Labor identifies VR as one of the ten fastest growing industries, with a 49 percent increase in employment projected by 2012. However, the average rate of turnover for professionals in the VR field is 16 percent. Currently, a master's degree is required to work in the field and usually counselors must become certified. Unfortunately, there have been no increases in aid to support the growth of the industry, turnover rates, or with education and certification.

Please make others aware of the reauthorization and please contact your senators!