Section 511
7/31/2017
Section 511: Limitations on the Use of Subminimum Wage – What Families and Educators Need to Know PA Community of Practice on Transition 2017 Annual Conference Pathways to Success: Transitioning into Tomorrow Together
Section 511: Limitation on the Use of Subminimum Wage
1
Section 511 Specialists • EASTERN REGION: Bucks, Carbon, Chester, Delaware, Lehigh, Monroe, Montgomery, Northampton & Philadelphia Counties • Kathleen McGrath, MS, CRC | Vocational Rehabilitation Specialist Pennsylvania Department of Labor & Industry Office of Vocational Rehabilitation 444 North 3rd Street, 5th Floor | Philadelphia, PA 19123 215.560.1951 Office | 215.560.3796 Fax | 215.823.9610 Cell [email protected]
Section 511
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7/31/2017
Section 511 Specialists • CENTRAL REGION: Adams, Bedford, Berks, Blair, Bradford, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntington, Juniata, Lackawanna, Lancaster, Lebanon, Luzerne, Lycoming, Mifflin, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming &York Counties • Dana Baccanti-Barone, MA, CRC |Section 511 Specialist PA Department of Labor and Industry Office of Vocational Rehabilitation 1521 North 6th Street | Harrisburg PA 17102 p: 717.772.1656 e: [email protected] Section 511
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Section 511 Specialists • WESTERN REGION: Allegheny, Armstrong, Beaver, Butler, Cambria, Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Washington, Warren, Westmoreland & Venango Counties • Hastie LeFevre, M.A. | Western Region Section 511 Specialist PA Department of Labor and Industry Office of Vocational Rehabilitation 531 Penn Avenue | Pittsburgh, PA 15222 p: 412.915.3887 e: [email protected] Section 511
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7/31/2017
OVR’s MISSION
• To assist Pennsylvanians with disabilities to secure and maintain employment and independence
Section 511: Limitation on the Use of Subminimum Wage
5
OBJECTIVES • Understand the requirements for Section 511 of the Workforce Innovation & Opportunity Act of 2014 for individuals with disabilities who wish to engage in subminimum wage employment. • Understand the responsibilities that schools have under the law. • Understand the responsibilities that OVR has under the law. • Understand the responsibilities that providers have under the law.
Section 511: Limitation on the Use of Subminimum Wage
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3
7/31/2017
Definitions
Section 511: Limitation on the Use of Subminimum Wage
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DEFINITIONS
• Workforce Innovation & Opportunity Act (WIOA) of 2014 – Key areas of emphasis: • Competitive Integrated Employment • Students with disabilities and pre-employment transition services (PETS) • Employer Engagement • Cross-Agency Collaboration • Assistive Technology
– Includes a section that limits the use of subminimum wage employment Section 511: Limitation on the Use of Subminimum Wage
8
4
7/31/2017
DEFINITIONS
• Subminimum Wage (SMW) refers to: – Sheltered Workshop – Prevocational Services – Ability One (federally funded contract) – Service Contract Act (federally funded contract)
Section 511: Limitation on the Use of Subminimum Wage
9
DEFINITIONS
• 14(c) Certificate – Issued under section 14(c) of the Fair Labor Standards Act – Authorizes the payment of subminimum wages and wages that are less than the federal minimum wage to workers who have disabilities that impair their productivity for the work being performed – An employer may hold more than one certificate for multiple work locations https://www.dol.gov/whd/specialemployment/CRPlist.htm Section 511: Limitation on the Use of Subminimum Wage
10
5
7/31/2017
DEFINITIONS
• Section 511 – Specific limitations on subminimum wage for youth (age 24 and younger) – Specific requirements for Career Information and Referral services – Includes implications for the Local Education Agency (LEA), Designated State Unit (OVR) & Entities that hold 14(c) Certificates
Section 511: Limitation on the Use of Subminimum Wage
11
Section 511 – Basics Section 511: Limitation on the Use of Subminimum Wage
12
6
7/31/2017
BASICS
• Section 511 – OVR and schools should eliminate exposure of students/youth to SMW employment – OVR and schools should increase exposure to Competitive Integrated Employment (CIE) and its benefits – All persons engaged in SMW employment must attend Career Information Sessions – Youth must be evaluated by OVR prior to entering SMW employment Section 511: Limitation on the Use of Subminimum Wage
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BASICS
• Section 511 – OVR and schools CANNOT contract with 14(c) holders for students/youth/adults to participate in any service that pays SMW – OVR and schools CAN contract with 14(c) holders for other services that do not include payment of SMW • Such as Pre-Employment Transitions Services (PETS), vocational evaluation, Discovery and Customized Employment, supported employment, etc. Section 511: Limitation on the Use of Subminimum Wage
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7
7/31/2017
Career Information Sessions
Section 511: Limitation on the Use of Subminimum Wage
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CAREER & INFO SESSIONS
• Regardless of Age: – Any individual who started SMW employment PRIOR to 7/22/16 has to attend one Career Information Session per year – Any individual who starts SMW employment AFTER 7/22/16 has to complete two sessions within the first year (every six months) and annually thereafter – Even if someone already has an open case with OVR, they still need to attend the session
Section 511: Limitation on the Use of Subminimum Wage
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7/31/2017
CAREER & INFO SESSIONS • • • •
Provided directly by the OVR Specialists Sessions are held at the job site Individuals sign-in on a roster Letter of Attendance sent as documentation (release of information) • Refusal to attend the session results in inability to continue earning SMW • Representative/Guardian welcome to attend • One-on-one can be done when necessary Section 511: Limitation on the Use of Subminimum Wage
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CAREER & INFO SESSIONS • Sessions focus on: – Reassuring individuals that they do not need to make any changes – Informed Choice – Independent Decision Making – Competitive Integrated Employment – OVR Services – Other agencies that can help
• Individuals are NOT being registered with OVR Section 511: Limitation on the Use of Subminimum Wage
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9
7/31/2017
Section 511 – Youth Section 511: Limitation on the Use of Subminimum Wage
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SECTION 511 - YOUTH
• Youth OVR Process: (flow chart) – Youth interested in SMW employment should be referred to OVR prior to initiating SMW – Case assigned to an OVR Counselor – Counselor reviews existing documentation – OVR must ensure that a youth has undergone adequate assessments that present clear and convincing evidence that the youth would not benefit from OVR services in terms of an employment outcome – If existing documentation is not sufficient, OVR Counselor will move forward with assessments funded by OVR OVR Implementation of WIOA & Section 511
20
10
7/31/2017
SECTION 511 - YOUTH • Youth OVR Process - Assessments: – Must take place in competitive and community-based environments in the most integrated setting possible – Must be appropriate for the individual given their abilities, strengths, capacities, interests and limitations – Services should NOT be provided entirely within one facility – Must be performed with all necessary supports that would be required in a real life setting – Preferably a paid experience (minimum wage or higher) – Must occur over a sufficient period of time – For example, an IQ test alone would not constitute clear and convincing evidence OVR Implementation of WIOA & Section 511
21
SECTION 511 – OVR & SCHOOLS
• Youth OVR Process - Assessments: – Evaluate students and youth for CIE using: • • • • • • • •
Pre-Employment Transition Services (PETS) Discovery and Customized Employment Trial Work Experiences Community Based Work Assessments Supported Employment Universal Design & Assistive Technology (AT) Self-Employment & Entrepreneurship Adaptive Driving & Transportation Services Section 511: Limitation on the Use of Subminimum Wage
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7/31/2017
SECTION 511 - YOUTH
• Youth OVR Process: – After assessment, students/youth will either be found ineligible or eligible • If ineligible, case is closed and youth can enter SMW • If eligible, case remains open and youth cannot enter SMW until the case is closed due to inability to achieve an employment outcome
– Refusal of OVR services at any point means that they have NOT met the requirements for WIOA Section 511 and are not eligible to participate in SMW employment – Section 511 Specialist can determine if a youth has an open case with OVR and the status OVR Implementation of WIOA & Section 511
23
SECTION 511 - YOUTH • Before a youth can enter SMW employment, they must have documentation of the following: • Transition services from school – IEP, Summary of Performance, Correspondence from school providing summary of Transition Services provided
• Pre-Employment Transition Services from OVR – IPE, narrative summary of PETS provided
• Documentation of OVR determination or case closure – Ineligibility letter, case closure letter
• The OVR Counselor would gather and review the documentation and provide it to the student/youth with a cover letter; youth would then provide it to the 14(c) OVR Implementation of WIOA & Section 511
24
12
7/31/2017
Section 511 – Providers
Section 511: Limitation on the Use of Subminimum Wage
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SECTION 511 – 14c HOLDER • Make individuals earning subminimum wage “known” to OVR Section 511 Specialist • Notify OVR Section 511 Specialist about any new SMW employees • Assist with coordination of Career Information Sessions • Maintain appropriate documentation for any youth engaging in subminimum wage after 7/22/16 • Provide information about benefits planning, selfadvocacy, self-determination annually
Section 511: Limitation on the Use of Subminimum Wage
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13
7/31/2017
QUESTIONS
Section 511: Limitation on the Use of Subminimum Wage
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Section 511: Limitations on the Use of Subminimum Wage – What Families and Educators Need to Know PA Community of Practice on Transition 2017 Annual Conference Pathways to Success: Transitioning into Tomorrow Together
Section 511: Limitation on the Use of Subminimum Wage
1
Section 511 Specialists • EASTERN REGION: Bucks, Carbon, Chester, Delaware, Lehigh, Monroe, Montgomery, Northampton & Philadelphia Counties • Kathleen McGrath, MS, CRC | Vocational Rehabilitation Specialist Pennsylvania Department of Labor & Industry Office of Vocational Rehabilitation 444 North 3rd Street, 5th Floor | Philadelphia, PA 19123 215.560.1951 Office | 215.560.3796 Fax | 215.823.9610 Cell [email protected]
Section 511
>
1
7/31/2017
Section 511 Specialists • CENTRAL REGION: Adams, Bedford, Berks, Blair, Bradford, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntington, Juniata, Lackawanna, Lancaster, Lebanon, Luzerne, Lycoming, Mifflin, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming &York Counties • Dana Baccanti-Barone, MA, CRC |Section 511 Specialist PA Department of Labor and Industry Office of Vocational Rehabilitation 1521 North 6th Street | Harrisburg PA 17102 p: 717.772.1656 e: [email protected] Section 511
>
Section 511 Specialists • WESTERN REGION: Allegheny, Armstrong, Beaver, Butler, Cambria, Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Washington, Warren, Westmoreland & Venango Counties • Hastie LeFevre, M.A. | Western Region Section 511 Specialist PA Department of Labor and Industry Office of Vocational Rehabilitation 531 Penn Avenue | Pittsburgh, PA 15222 p: 412.915.3887 e: [email protected] Section 511
>
2
7/31/2017
OVR’s MISSION
• To assist Pennsylvanians with disabilities to secure and maintain employment and independence
Section 511: Limitation on the Use of Subminimum Wage
5
OBJECTIVES • Understand the requirements for Section 511 of the Workforce Innovation & Opportunity Act of 2014 for individuals with disabilities who wish to engage in subminimum wage employment. • Understand the responsibilities that schools have under the law. • Understand the responsibilities that OVR has under the law. • Understand the responsibilities that providers have under the law.
Section 511: Limitation on the Use of Subminimum Wage
6
3
7/31/2017
Definitions
Section 511: Limitation on the Use of Subminimum Wage
7
DEFINITIONS
• Workforce Innovation & Opportunity Act (WIOA) of 2014 – Key areas of emphasis: • Competitive Integrated Employment • Students with disabilities and pre-employment transition services (PETS) • Employer Engagement • Cross-Agency Collaboration • Assistive Technology
– Includes a section that limits the use of subminimum wage employment Section 511: Limitation on the Use of Subminimum Wage
8
4
7/31/2017
DEFINITIONS
• Subminimum Wage (SMW) refers to: – Sheltered Workshop – Prevocational Services – Ability One (federally funded contract) – Service Contract Act (federally funded contract)
Section 511: Limitation on the Use of Subminimum Wage
9
DEFINITIONS
• 14(c) Certificate – Issued under section 14(c) of the Fair Labor Standards Act – Authorizes the payment of subminimum wages and wages that are less than the federal minimum wage to workers who have disabilities that impair their productivity for the work being performed – An employer may hold more than one certificate for multiple work locations https://www.dol.gov/whd/specialemployment/CRPlist.htm Section 511: Limitation on the Use of Subminimum Wage
10
5
7/31/2017
DEFINITIONS
• Section 511 – Specific limitations on subminimum wage for youth (age 24 and younger) – Specific requirements for Career Information and Referral services – Includes implications for the Local Education Agency (LEA), Designated State Unit (OVR) & Entities that hold 14(c) Certificates
Section 511: Limitation on the Use of Subminimum Wage
11
Section 511 – Basics Section 511: Limitation on the Use of Subminimum Wage
12
6
7/31/2017
BASICS
• Section 511 – OVR and schools should eliminate exposure of students/youth to SMW employment – OVR and schools should increase exposure to Competitive Integrated Employment (CIE) and its benefits – All persons engaged in SMW employment must attend Career Information Sessions – Youth must be evaluated by OVR prior to entering SMW employment Section 511: Limitation on the Use of Subminimum Wage
13
BASICS
• Section 511 – OVR and schools CANNOT contract with 14(c) holders for students/youth/adults to participate in any service that pays SMW – OVR and schools CAN contract with 14(c) holders for other services that do not include payment of SMW • Such as Pre-Employment Transitions Services (PETS), vocational evaluation, Discovery and Customized Employment, supported employment, etc. Section 511: Limitation on the Use of Subminimum Wage
14
7
7/31/2017
Career Information Sessions
Section 511: Limitation on the Use of Subminimum Wage
15
CAREER & INFO SESSIONS
• Regardless of Age: – Any individual who started SMW employment PRIOR to 7/22/16 has to attend one Career Information Session per year – Any individual who starts SMW employment AFTER 7/22/16 has to complete two sessions within the first year (every six months) and annually thereafter – Even if someone already has an open case with OVR, they still need to attend the session
Section 511: Limitation on the Use of Subminimum Wage
16
8
7/31/2017
CAREER & INFO SESSIONS • • • •
Provided directly by the OVR Specialists Sessions are held at the job site Individuals sign-in on a roster Letter of Attendance sent as documentation (release of information) • Refusal to attend the session results in inability to continue earning SMW • Representative/Guardian welcome to attend • One-on-one can be done when necessary Section 511: Limitation on the Use of Subminimum Wage
17
CAREER & INFO SESSIONS • Sessions focus on: – Reassuring individuals that they do not need to make any changes – Informed Choice – Independent Decision Making – Competitive Integrated Employment – OVR Services – Other agencies that can help
• Individuals are NOT being registered with OVR Section 511: Limitation on the Use of Subminimum Wage
18
9
7/31/2017
Section 511 – Youth Section 511: Limitation on the Use of Subminimum Wage
19
SECTION 511 - YOUTH
• Youth OVR Process: (flow chart) – Youth interested in SMW employment should be referred to OVR prior to initiating SMW – Case assigned to an OVR Counselor – Counselor reviews existing documentation – OVR must ensure that a youth has undergone adequate assessments that present clear and convincing evidence that the youth would not benefit from OVR services in terms of an employment outcome – If existing documentation is not sufficient, OVR Counselor will move forward with assessments funded by OVR OVR Implementation of WIOA & Section 511
20
10
7/31/2017
SECTION 511 - YOUTH • Youth OVR Process - Assessments: – Must take place in competitive and community-based environments in the most integrated setting possible – Must be appropriate for the individual given their abilities, strengths, capacities, interests and limitations – Services should NOT be provided entirely within one facility – Must be performed with all necessary supports that would be required in a real life setting – Preferably a paid experience (minimum wage or higher) – Must occur over a sufficient period of time – For example, an IQ test alone would not constitute clear and convincing evidence OVR Implementation of WIOA & Section 511
21
SECTION 511 – OVR & SCHOOLS
• Youth OVR Process - Assessments: – Evaluate students and youth for CIE using: • • • • • • • •
Pre-Employment Transition Services (PETS) Discovery and Customized Employment Trial Work Experiences Community Based Work Assessments Supported Employment Universal Design & Assistive Technology (AT) Self-Employment & Entrepreneurship Adaptive Driving & Transportation Services Section 511: Limitation on the Use of Subminimum Wage
22
11
7/31/2017
SECTION 511 - YOUTH
• Youth OVR Process: – After assessment, students/youth will either be found ineligible or eligible • If ineligible, case is closed and youth can enter SMW • If eligible, case remains open and youth cannot enter SMW until the case is closed due to inability to achieve an employment outcome
– Refusal of OVR services at any point means that they have NOT met the requirements for WIOA Section 511 and are not eligible to participate in SMW employment – Section 511 Specialist can determine if a youth has an open case with OVR and the status OVR Implementation of WIOA & Section 511
23
SECTION 511 - YOUTH • Before a youth can enter SMW employment, they must have documentation of the following: • Transition services from school – IEP, Summary of Performance, Correspondence from school providing summary of Transition Services provided
• Pre-Employment Transition Services from OVR – IPE, narrative summary of PETS provided
• Documentation of OVR determination or case closure – Ineligibility letter, case closure letter
• The OVR Counselor would gather and review the documentation and provide it to the student/youth with a cover letter; youth would then provide it to the 14(c) OVR Implementation of WIOA & Section 511
24
12
7/31/2017
Section 511 – Providers
Section 511: Limitation on the Use of Subminimum Wage
25
SECTION 511 – 14c HOLDER • Make individuals earning subminimum wage “known” to OVR Section 511 Specialist • Notify OVR Section 511 Specialist about any new SMW employees • Assist with coordination of Career Information Sessions • Maintain appropriate documentation for any youth engaging in subminimum wage after 7/22/16 • Provide information about benefits planning, selfadvocacy, self-determination annually
Section 511: Limitation on the Use of Subminimum Wage
26
13
7/31/2017
QUESTIONS
Section 511: Limitation on the Use of Subminimum Wage
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14
