Transition toward Excellence, Achievement, and Mobility through Employment Act of 2013 or TEAM-Employment Act of 2013 - Amends the Rehabilitation Act of 1973 to extend from 18 to 48 months the length of time a designated state unit may provide supported employment services, including: (1) activities related to customized employment, or (2) a set of activities implemented during the search for employment leading to an integrated employment outcome for an individual with a disability.
Authorizes the Commissioner of the Rehabilitation Services Administration of the Department of Education to make up to ten grants to or contracts with eligible entities to pay all or part of the cost of special demonstration programs that expand and improve rehabilitation, employment, and other services for adults and youths with disabilities.
Authorizes the Assistant Secretary of Education for Special Education and Rehabilitative Services to provide, for FY2014-FY2018, grants to eligible entities to carry out certain activities to help youths between the ages of 14 and 26 with significant disabilities to transition to adulthood.
Includes among such activities development and provision of: (1) innovative and effective practices through person-centered planning processes for attaining integrated employment experiences, including customized employment, supported employment services, and employment experiences after school, on weekends, and in the summer months; (2) certain educational-, work-, and family-related objectives and activities based upon the highest expectations of such youths; (3) appropriate and effective curricula and the deployment of professionals with expertise to provide training to school personnel to assist such youths to obtain integrated employment at the greater of minimum or competitive wages; and (4) assistance to such youths and their families to help determine appropriate services under federal and state programs.
Limits an eligible entity to one grant or contract during a five-year period.
Prohibits the use of grant funds for activities that result in such youths being placed in facility-based segregated services as an employment outcome or post-secondary outcome.
Establishes a National Coordination Center on Systems Change and Transformation in the Transition of Youths with Significant Disabilities into Adulthood.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 509 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 509
To amend the Rehabilitation Act of 1973 to authorize grants for the
transition of youths with significant disabilities to adulthood, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2013
Mr. Harper (for himself and Mrs. McMorris Rodgers) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Rehabilitation Act of 1973 to authorize grants for the
transition of youths with significant disabilities to adulthood, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transition toward Excellence,
Achievement, and Mobility through Employment Act of 2013'' or ``TEAM-
Employment Act of 2013''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Disability is a natural part of the human experience
and in no way should diminish the opportunity of citizens with
disabilities, including individuals with the most significant
disabilities, for full participation in society (including
school, work, family, social engagement, interpersonal
relationships, and community), independent living, and economic
self sufficiency.
(2) Self-determination and informed choice are essential
elements in all program and service options.
(3) Work for pay (employment) is a valued activity both for
individuals and society. Employment provides both tangible and
intangible benefits. Employment helps people achieve
independence and economic self-sufficiency. Employment also
gives people purpose, dignity, self-esteem, and a sense of
accomplishment and pride as well as an ability to contribute to
society as a whole.
(4) Individuals with disabilities, including those with the
most significant disabilities, should enjoy a presumption that
they can achieve integrated employment with appropriate
services and supports.
(5) More than 30 years of research and experience
demonstrates that all youth, including youth with disabilities,
achieve better outcomes when they have access to--
(A) high-quality standards-based education in an
inclusive setting;
(B) information about career options and exposure
to the world of work, including structured internships;
(C) participation in post-secondary education;
(D) opportunities to develop social, civic, and
leadership skills;
(E) strong connections to caring adults;
(F) safe places to interact with their peers; and
(G) support services and specific accommodations to
allow them to become independent adults.
(6) The diverse and complex needs of today's youth cannot
be met by one's family, school district, government program, or
private organization acting alone. The successful transition of
all youth to adulthood and a productive, independent, self-
sufficient life demands coordination and collaboration across
agencies, along with an integrated services approach to serving
youth at the Federal, State, and local levels.
(b) Purposes.--The purposes of this Act are the following:
(1) To create a systemic focus on cultivating the high
expectations for youth with significant disabilities to
transition successfully into adulthood and be able to work in
integrated employment, earn a liveable wage, and live
independently in integrated communities through public policies
that advance equality of opportunity, informed choice,
employment first principles, and economic self-sufficiency.
(2) To promote innovative strategies to foster academic,
professional, and social inclusion, and the solidification of
long-term services and supports required to ensure full
integration into the society (including school, work, family,
social engagement, interpersonal relationships, and community
living).
(3) To better define and coordinate specific services
related to the effective transition of youth with significant
disabilities.
(4) To eliminate barriers and provide incentives for
multiple stakeholders to collaborate and improve transition
services for youth with significant disabilities.
(5) To create a holistic system across multiple Federal,
State, and local public entities promoting employment first
strategies and the successful transition of youth with
significant disabilities into adulthood through strengthened
coordination among and between public entities, including the
alignment of planning processes, implementation systems, and
funding streams.
(6) To align, enhance, and improve performance and
accountability measures among public entities involved in the
transition of youth with significant disabilities into
adulthood.
(7) To provide financial incentives to States to align
their planning processes across and within public entities
involved in transitioning, strengthen and coordinate
regulations to ensure cross-agency emphasis on the promotion of
employment first policies and practices, and rebalance
resources toward an employment first paradigm to focus on the
preferred outcomes of advancing integrated employment, economic
self-sufficiency, independent living, and community
participation for youth and adults with significant
disabilities.
(8) To ensure proper level of professional development
training of publicly financed service delivery professionals
involved in the transition of youth with significant
disabilities into adulthood on evidence-based promising
practices.
SEC. 3. DEFINITIONS.
(a) Assessment for Determining Eligibility and Vocational
Rehabilitation Needs.--Section 7(2) of the Rehabilitation Act of 1973
(29 U.S.C. 705(2)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by adding ``and'' at the end;
and
(C) by adding at the end the following new clause:
``(v) uses, to the maximum extent possible,
information obtained from experiences in
integrated employment settings in the community
and other integrated community settings, and
does not include information from assessments
of experiences in sheltered workshops and
similar segregated settings;''; and
(2) by adding at the end the following:
``Such term shall be based on the presumption that the
individual is capable of attaining post-secondary education,
integrated employment, or both.''.
(b) Supported Employment.--Section 7(35) of the Rehabilitation Act
of 1973 (29 U.S.C. 705(35)) is amended--
(1) in subparagraph (A), by striking ``, or employment in
integrated work settings in which individuals are working
toward competitive work'' and inserting ``or integrated
employment''; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Minimum compensation and other
requirements.--Such term includes placement in
individual integrated employment settings and not in
enclave or segregated settings, at the greater of
minimum or competitive wages that are paid for by the
employer, with benefits comparable to benefits of other
employees.''.
(c) Supported Employment Services.--Section 7(36) of the
Rehabilitation Act of 1973 (29 U.S.C. 705(36)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C)--
(A) by striking ``18 months'' and inserting ``48
months''; and
(B) by striking the period at the end and inserting
a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(D) maximize integration of the individual within
the workplace, with emphasis on facilitating the use of
existing natural supports supplemented as necessary
with staff supports paid for through funds authorized
by the designated State unit; and
``(E) allow for activities related to customized
employment, or a set of activities implemented during
the search for employment leading to an integrated
employment outcome for an individual with a disability,
which includes a negotiated relationship with an
employer that focuses on unmet needs and other specific
value-added to employers rather than open, demand job
slots; and a process of discovery, job seeker
exploration, development of descriptive profile
documents, individualized employment planning,
development of innovative representation materials,
completion of an employer needs analysis, job
negotiation and representation by a job developer as
determined by the individual.''.
(d) Transition Services.--Section 7(37) of the Rehabilitation Act
of 1973 (29 U.S.C. 705(37)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(2) by inserting ``and customized employment'' after
``supported employment'';
(3) by inserting ``, asset development services'' after
``adult services'';
(4) by striking ``The coordinated set of activities'' and
inserting the following:
``(B) Coordinated set of activities.--The
coordinated set of activities'';
(5) by striking ``objectives,'' and inserting the
following: ``objectives; school-based preparatory experiences,
career preparation, and integrated work-based learning
experiences (inclusive of in-school, after school and work
experiences outside the traditional school setting where other
youth without disabilities are engaged in similar activities);
youth development and leadership; connecting activities;
training in self-advocacy, self-determination skills, and peer
mentoring; family involvement and supports;''; and
(6) by adding at the end the following new subparagraph:
``(C) Rule of construction.--Such term does not
include the use of facility-based employment and
activity settings, such as sheltered workshops, day
habilitation centers, and enclave work settings.
Additionally, the coordinated set of activities should
lead to the attainment of at least one of the following
outcomes: post-secondary education, long-term
integrated employment (including supported employment
or customized employment), asset development,
independent living, and community participation.''.
(e) Other Definitions.--Section 7 of the Rehabilitation Act of 1973
(29 U.S.C. 705) is amended by adding at the end the following new
paragraphs:
``(40) Asset development.--The term `asset development'
means a strategy to assist low-income workers and job seekers,
including individuals with disabilities, move toward economic
security and greater financial self-sufficiency through income
preservation, effective money and credit management, the
pursuit of post-secondary education, the purchase of a home,
business startup and growth, and the setting aside of resources
for longer-term needs and retirement.
``(41) Asset development services.--The term `asset
development services' means services relating to asset
development, including services such as financial education,
tax filing assistance and access to beneficial tax credits and
other provisions, and use of social security work incentives
and individual development accounts (IDAs) and coordination
with other savings programs, including family self-sufficiency
programs, college savings accounts, and home and small business
ownership assistance.
``(42) Integrated employment.--The term `integrated
employment' means work compensated at the greater of minimum
wage or competitive wages with related employment benefits,
occurring in a typical work setting where the employee with the
disability interacts or has the opportunity to interact
continuously with non-disabled co-workers, has an opportunity
for advancement and mobility, and is preferably engaged in
full-time employment.''.
SEC. 4. DEMONSTRATION AND TRAINING PROGRAMS.
(a) In General.--Section 303(b)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 773(b)(1)) is amended by adding at the end the
following new sentence: ``The Commissioner may provide up to 10 grants
to or enter into 10 contracts with (or a combination thereof, not to
exceed a total of 10 grants and contracts) eligible entities under this
subsection during a fiscal year. A grant provided or contract entered
into under this subsection shall be provided or entered into, as the
case may be, for a period of five years. An eligible entity may not
receive more than one grant or enter into more than one contract during
a five-year period.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of the enactment of this Act and applies with
respect to grants provided under section 303(b) of the Rehabilitation
Act of 1973 for fiscal years beginning on or after the date of the
enactment of this Act.
SEC. 5. GRANTS FOR TRANSITION OF YOUTHS WITH SIGNIFICANT DISABILITIES
TO ADULTHOOD.
(a) In General.--Title III of the Rehabilitation Act of 1973 (29
U.S.C. 771 et seq.) is amended by adding at the end the following new
section:
``SEC. 307. GRANTS FOR TRANSITION OF YOUTHS WITH SIGNIFICANT
DISABILITIES TO ADULTHOOD.
``(a) Definitions.--In this section:
``(1) Braided funding.--The term `braided funding' means a
resource utilization strategy to maximize the efficient access
and use of existing resources through the coordination,
sequencing, and integration of available funding from multiple
public agencies and private sources.
``(2) Customized employment.--The term `customized
employment' means a set of strategies implemented during the
search for employment leading to an integrated employment
outcome for an individual with a disability, which includes the
following components:
``(A) A negotiated relationship with an employer
that focuses on unmet needs and other specific value-
added to the employer rather than open, demand job
slots.
``(B) A process of discovery, job seeker
exploration, development of descriptive profile
documents, individualized employment planning,
innovative representation materials, employer needs
analysis, and representation by a job developer.
``(3) Employment first.--The term `employment first'--
``(A) means a delivery model of publicly financed
supports for individuals with disabilities, including
individuals with significant disabilities and
individuals with the most significant disabilities,
that effectuates on a systemic basis the presumption of
integrated employment as the primary or preferred
employment outcome of such individuals; and
``(B) includes policies, practices, and procedures
promulgated through Federal and State governmental
entities, including policies, practices, and procedures
requiring that public systems have a statutory
responsibility to provide services that align their
priorities, funding and reimbursement practices, and
policies and guidance to promote, encourage,
incentivize, and prioritize services and supports that
lead to integrated employment outcomes.
``(4) Person-centered planning process.--The term `person-
centered planning process' means a process that enables and
assists a youth with a significant disability to identify and
access a personalized mix of paid and non-paid services and
supports that will assist such youth to achieve individually
defined outcomes in the most integrated community setting.
``(5) State intellectual and developmental disabilities
agency.--The term `State Intellectual and Developmental
Disabilities Agency' means the primary State agency or
subdivision with administrative, programmatic, and operational
responsibility for the full range of services and supports
furnished to individuals with intellectual and developmental
disabilities.
``(6) Youth with a significant disability.--In this
subsection, the term `youth with a significant disability'
means an individual who--
``(A) is an individual with a significant
disability or an individual with a most significant
disability; and
``(B) has attained the age of 14 but has not
attained the age of 27.
``(b) Grants.--
``(1) In general.--For each of the fiscal years 2014
through 2018, the Assistant Secretary for Special Education and
Rehabilitative Services, in cooperation with the officials
specified in paragraph (2), is authorized to provide grants to
eligible entities to carry out the activities authorized under
this section.
``(2) Officials specified.--The officials specified in this
paragraph are the Commissioner of the Agency on Developmental
Disabilities, the Director of Medicaid Operations at the
Centers for Medicare and Medicaid Services, and the Assistant
Secretary of Labor for Disability Employment Policy.
``(3) Number of grants; duration; number of grants per
eligible entity.--The Assistant Secretary for Special Education
and Rehabilitative Services may provide up to 10 grants under
this subsection during a fiscal year. A grant provided under
this subsection shall be provided for a period of five years.
An eligible entity may not receive more than one grant during a
five-year period.
``(c) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall be a consortium that--
``(1) consists of and is managed by, at a minimum,
representatives from the State educational agency, the State
Intellectual and Developmental Disabilities Agency, the State
vocational rehabilitation agency, the State Medicaid agency,
the State department of labor and workforce investment board,
and the State department of higher education;
``(2) includes stakeholders who will be involved in the
planning and implementation of funds made available through the
grant, including--
``(A) representatives from local or regional
University Centers for Excellence in Developmental
Disabilities Education, Research, and Service, State
protection advocacy and client assistance programs,
State councils on developmental disabilities, and
centers on independent living; and
``(B) representatives from self-advocacy
organizations and family organizations; and
``(3) includes additional public and private individuals
and entities with demonstrated expertise in providing
transition services that result in post-secondary education,
integrated employment, and economic advancement for individuals
with significant disabilities and individuals with the most
significant disabilities with expertise in the provision of
supported employment services and customized employment
strategies and that--
``(A) provide services resulting in integrated
post-secondary education outcomes or integrated
employment outcomes at the greater of minimum or
competitive wages with access to related health and
employment benefits;
``(B) have expertise in person-centered planning
processes; or
``(C) have experience operating mentoring or
advocacy training programs for individuals with
significant disabilities and individuals with the most
significant disabilities in culturally and
socioeconomically diverse communities.
``(d) Application.--An eligible entity that desires to receive a
grant under subsection (a) shall submit to the Assistant Secretary for
Special Education and Rehabilitative Services an application at such
time, in such manner, and including such information as the Assistant
Secretary may require. Each application shall include--
``(1) an implementation plan, including the identification
of the lead agency by the State, describing the actions the
entity intends to take to carry out the activities authorized
under this subsection;
``(2) assurances that a memorandum of understanding among
the participating State agencies will be developed outlining
key steps to be taken to collaborate and coordinate efforts to
institute systemic change related to employment first,
including braided funding and a uniform focus on improving
outcomes in post-secondary education, integrated employment,
and economic advancement for youths with significant
disabilities;
``(3) a description of the means and mechanisms by which
participating State agencies will coordinate efforts to
evaluate and reform existing State laws, regulations,
guidelines, operational procedures, and funding practices,
including braided funding, to institute systemic change related
to employment first, focused on improving outcomes in post-
secondary education, integrated employment, and economic
advancement for youths with significant disabilities;
``(4) an evaluation plan describing the strategy the entity
will use to evaluate the use of funds made available through
the grant, with a specific focus on the collection of data (by
age, race, gender, geographic area, type of disability, income
level, communication level, and use of assistive technology)
tracking, at a minimum--
``(A) the number of youths with significant
disabilities who directly enter integrated employment
opportunities paid at the greater of minimum wage or
competitive wages with access to related employment and
health benefits, or a post-secondary educational or
training program that is focused on leading to an
integrated employment outcome, upon exiting the school
system;
``(B) the wages and number of hours worked of
youths per pay period;
``(C) the impact of employment on any State and
Federal benefits received;
``(D) indicators on the types of settings in which
youths benefitting from the State grant primarily
reside;
``(E) indicators of improved economic status and
self-sufficiency;
``(F) data on those youths with significant
disabilities for whom a post-secondary or integrated
employment outcome has not yet occurred, including
information on why such outcome has not yet been
attained, and additional information such as the number
of months an individual has not had a post-secondary
education or integrated employment outcome, and the
progress made to date on efforts to ensure that an
individual achieves a post-secondary education or
integrated employment outcome; and
``(G) location and type of settings where youths
who are receiving services through the grant are
living;
``(5) a description of how the eligible entity will
disseminate information about the types of transition services
and the impact of such services on the lives of youths with
significant disabilities who are served by the project; and
``(6) a description of the approaches the eligible entity
intends to use to coordinate activities with relevant service
providers in the localities in which the activities of the
grant will be focused.
``(e) Authorized Activities.--An entity that receives a grant under
this subsection shall use the funds made available through the grant to
carry out the following activities for youths with significant
disabilities:
``(1) The development of innovative and effective practices
through person-centered planning processes for attaining
integrated employment experiences, including customized
employment, supported employment services, and employment
experiences after school, on weekends, and in the summer
months.
``(2) The development of objectives and activities based
upon the highest expectations of youths with significant
disabilities and related to the following areas:
``(A) Academic and school-based preparatory
experiences, including access to the general education
curriculum in the least restrictive environment.
``(B) Work and career readiness.
``(C) Self-determination and leadership.
``(D) Comprehensive community connections.
``(E) Life-long learning.
``(F) Family involvement and engagement.
``(3) The development of appropriate and effective
curricula and the deployment of professionals with expertise to
provide training to school personnel, including transition
coordinators, and other personnel connected to the
implementation of the implementation plan of the grantee to
enable such school personnel to develop skills needed to assist
such youths in actualizing their ability to obtain and maintain
integrated employment at the greater of minimum or competitive
wages. Such training shall be focused on developing the skills
in personnel necessary to help such youths successfully
identify and complete desired objectives in the following
areas:
``(A) Academic and school-based preparatory
experiences, including access to the general education
curriculum in the least restrictive environment.
``(B) Work and career readiness.
``(C) Youth development and leadership.
``(D) Comprehensive community connections.
``(E) Family involvement and engagement.
``(F) Integrated employment experiences, including
customized employment, supported employment services,
and employment experiences after school, on weekends,
and in the summer months.
``(4) The provision of assistance to youths with
significant disabilities and their families with respect to
determining appropriate services under relevant Federal and
State programs, to include the following:
``(A) An informed decisionmaking process leading to
an integrated employment or post-secondary education
outcome and securing ongoing services required for
sustaining the employment or post-secondary education
outcome.
``(B) A benefits planning process in order to
educate youths with significant disabilities regarding
strategies for identifying, optimizing and managing
available resources to support the youth.
``(C) A series of individualized economic
advancement strategies to advance the optimal self-
sufficiency and economic security of a youth with a
significant disability with specific goals for asset
development, including the use of favorable tax
benefits, work incentives, matched savings plans, and
financial education.
``(f) Prohibited Activities.--
``(1) In general.--Funds made available through a grant
under subsection (a) may not be used for activities that result
in youths with significant disabilities being placed in
facility-based segregated services as an employment outcome or
post-secondary outcome. In this paragraph, the term `facility-
based segregated services' means rehabilitation or employment
services provided by segregated entities, such as sheltered
workshops, day habilitation, enclaves, or any other similar
settings.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit any youth with a significant
disability from having access to the general education
curriculum during the pursuit of transition services or post-
secondary education outcomes.
``(g) Employment Outcomes and Evaluation.--
``(1) Outcomes.--An entity that receives a grant under this
section shall collect data and report annually on, at a
minimum, progress in achieving specific integrated employment
outcomes outlined by the Assistant Secretary for Special
Education and Rehabilitative Services. Such outcomes shall
include the following:
``(A) The number of youths with significant
disabilities who directly enter integrated employment
or post-secondary education upon exiting the school
system.
``(B) The types of positions and employment sectors
the youths with significant disabilities are
participating in, as defined by the Bureau of Labor
Statistics of the Department of Labor.
``(C) The wages of and number of hours worked by
youths with significant disabilities monthly.
``(D) The impact of employment on any Federal and
State benefits received.
``(E) Indicators of improved economic status and
self-sufficiency.
``(F) Data on those youths with significant
disabilities who have not yet entered post-secondary
education or integrated employment, outlining the
reasons that such youths have not yet entered post-
secondary education or integrated employment as well as
the progress made to date in the acquisition of skills,
training, and development necessary to attain an
integrated employment outcome.
``(2) Center.--There is established a National Coordination
Center on Systems Change and Transformation in the Transition
of Youths with Significant Disabilities into Adulthood (in this
paragraph referred to as the `Center') to coordinate personnel
training and professional development in evidence-based best
practices resulting in integrated employment or post-secondary
education outcomes. The Center shall coordinate assistance with
the State grantees and their leadership teams and support
grantees in their systems change efforts through the provision
of training, professional development, technical assistance,
data collection, and research.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section (other than subsection (g)(2))
$50,000,000 for each of the fiscal years 2014 through 2018.
``(2) Center.--There are authorized to be appropriated to
carry out subsection (g)(2) $5,000,000 for each of the fiscal
years 2014 through 2018.''.
(b) Clerical Amendment.--The table of contents for the
Rehabilitation Act of 1973 is amended by inserting after the item
relating to section 306 the following new item:
``Sec. 307. Grants for transition of youths with significant
disabilities to adulthood.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Higher Education and Workforce Training.
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