[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 603 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 603

 To amend the Developmental Disabilities Assistance and Bill of Rights 
    Act of 2000 to provide assistance to States for development and 
  implementation of an individual transition plan for each individual 
    with a developmental disability in the State who is making the 
  transition from the secondary school system into adulthood, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2011

   Mr. Harper (for himself and Mrs. McMorris Rodgers) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Developmental Disabilities Assistance and Bill of Rights 
    Act of 2000 to provide assistance to States for development and 
  implementation of an individual transition plan for each individual 
    with a developmental disability in the State who is making the 
  transition from the secondary school system into 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Transition toward 
Excellence, Achievement, and Mobility through Empowerment Act of 2011'' 
or the ``TEAM-Empowerment Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Individualized transition plans; transition planning and 
                            services administrative units.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Evidence-based research has conclusively documented 
        that youth with significant disabilities who were educated in 
        inclusive settings, were exposed to work experience and career 
        exploration, and participated in a paid work experience while 
        in school had better postsecondary outcomes and higher rates of 
        sustainable employment.
            (2) Higher rates of self-determination, in which 
        individuals with significant disabilities and their families 
        have direct control over the decisionmaking process in order to 
        ensure an appropriate individualized transition strategy, lead 
        to better outcomes.
            (3) Regulations and processes allowing for flexibility in 
        the blending and braiding of government funds to ensure 
        seamless, collaborative strategies during the transition 
        process lead to better outcomes for individuals with 
        significant disabilities.
            (4) Agency officials involved directly in the provision of 
        supports and services during a youth's transition into 
        adulthood and beyond must be provided additional training to 
        become properly prepared to adequately address the individual 
        transition needs of students with significant disabilities.
    (b) Purposes.--The purposes of this Act are the following:
            (1) Create a holistic system across multiple partners 
        focused on successful transition of youth with significant 
        disabilities into adulthood.
            (2) Create a systemic focus on achieving high expectations 
        for all youth, through equality of opportunity, full 
        participation through self-determination and informed choice, 
        outcomes related to post-secondary options that lead to 
        competitive integrated employment and economic self-
        sufficiency.
            (3) Promote innovative strategies to foster academic, 
        professional, and social inclusion, and the solidification of 
        long-term supports and services required to ensure full 
        integration into the community setting.
            (4) Better define and coordinate specific services related 
        to the effective transition of youth with significant 
        disabilities.
            (5) Eliminate barriers and promote incentives for multiple 
        stakeholders to collaborate and improve transition 
        opportunities for youth with significant disabilities.

SEC. 3. INDIVIDUALIZED TRANSITION PLANS; TRANSITION PLANNING AND 
              SERVICES ADMINISTRATIVE UNITS.

    Title I of the Developmental Disabilities Assistance and Bill of 
Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended by adding at 
the end the following:

                 ``Subtitle F--Adult Transition System

``SEC. 171. DEFINITIONS.

    ``In this subtitle:
            ``(1) 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.
            ``(2) The term `individualized education program' has the 
        meaning given such term in section 602 of the Individuals with 
        Disabilities Education Act.
            ``(3) 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--
                    ``(A) interacts or has the opportunity to interact 
                continuously with nondisabled co-workers;
                    ``(B) has an opportunity for advancement and 
                mobility; and
                    ``(C) is preferably engaged in full-time 
                employment.
            ``(4) The term `ITP' means an individual transition plan 
        developed under section 173.
            ``(5) The term `local educational agency' has the meaning 
        given to such term in section 9101 of the Elementary and 
        Secondary Education Act of 1965.
            ``(6) The term `secondary school' has the meaning given to 
        such term in section 9101 of the Elementary and Secondary 
        Education Act of 1965.
            ``(7) 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.
            ``(8) The term `TPS administrative unit' refers to the 
        transition planning and services administrative unit of a State 
        established in accordance with section 174.
            ``(9)(A) The term `transition services' means a coordinated 
        set of activities for a student, designed within an outcome-
        oriented process, that promotes movement from school to post 
        school activities, including postsecondary education, 
        vocational training, integrated employment (including supported 
        employment and customized employment), continuing and adult 
        education, adult services, asset development services, 
        independent living, or community participation.
            ``(B) The coordinated set of activities shall be based upon 
        the individual student's needs, taking into account the 
        student's preferences and interests, and shall include 
        instruction, community experiences, the development of 
        employment and other post school adult living 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, when appropriate, 
        acquisition of daily living skills and functional vocational 
        evaluation.
            ``(C) 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.

``SEC. 172. STATE ASSISTANCE.

    ``For each fiscal year, the Secretary, acting through the 
Commissioner of the Administration on Developmental Disabilities, 
shall--
            ``(1) make grants on a competitive basis to States that 
        agree to carry out the activities required of States under this 
        subtitle; and
            ``(2) among the States receiving grants under paragraph 
        (1), allocate payments pursuant to a formula that--
                    ``(A) is established by the Secretary, acting 
                through the Commissioner; and
                    ``(B) takes into consideration an estimate of the 
                number of individuals to be served under this subtitle 
                in each State.

``SEC. 173. INDIVIDUALIZED TRANSITION PLANS.

    ``(a) In General.--Each State that receives assistance under this 
subtitle shall, with respect to each individual with a developmental 
disability in the State who is making the transition from the secondary 
school system into adulthood, develop, and assist in the implementation 
of, an individual transition plan to coordinate transition services 
intended to assist the individual in achieving the outcomes of 
integrated employment, postsecondary education, independent living, and 
community engagement.
    ``(b) Formulation.--An ITP shall be--
            ``(1) coordinated with any pre-existing transition services 
        being provided to the individual as a result of an 
        individualized education program developed for the individual 
        prior to exiting secondary school pursuant to the Individuals 
        with Disabilities Education Act;
            ``(2) developed not later than 30 days after the date on 
        which the individual graduates from or otherwise exits the 
        State's secondary school system; and
            ``(3) applicable through the date on which the individual 
        attains 26 years of age;
            ``(4) reviewed annually and updated as needed; and
            ``(5) developed during in-person meetings that--
                    ``(A) are led by the TPS administrative unit of the 
                State intellectual and developmental disabilities 
                agency established under section 174; and
                    ``(B) at a minimum, include the following 
                stakeholders: the individual, the individual's family, 
                a transition broker (as described in section 174), a 
                representative of the State vocational rehabilitation 
                agency, relevant service providers that are contracted 
                by the State or chosen by the individual and the 
                individual's family or guardian to provide transition 
                services, the transition coordinator of the local 
                educational agency (where available, during the first 
                year the individual exits the secondary school system), 
                assistive technology experts (as appropriate), and 
                representatives of the workforce development sector.
    ``(c) Contents.--An ITP shall include strategies for the 
implementation of service models and practices with documented 
effectiveness that--
            ``(1) address and emphasize the 5 areas of postsecondary 
        educational experiences, career preparation and work-based 
        learning experiences, development and leadership, connecting 
        activities, and family involvement and supports;
            ``(2) identify the needs of the individual in each of these 
        5 areas and articulate how the State and its agencies will meet 
        those needs; and
            ``(3) will advance economic self-sufficiency with specific 
        asset development goals and identify specific tools for 
        advancing economic self-sufficiency, such as favorable tax 
        benefits, work incentives, matched savings plans, education 
        financing, and effective strategies to manage a budget, money, 
        and credit.

``SEC. 174. TRANSITION PLANNING AND SERVICES ADMINISTRATIVE UNIT.

    ``(a) Establishment.--Each State that receives assistance under 
this subtitle shall establish and maintain a transition planning and 
services (TPS) administrative unit within the State intellectual and 
developmental disabilities agency.
    ``(b) Responsibilities.--The primary focus of a TPS administrative 
unit shall be to assist individuals with a developmental disability in 
the State to make the transition from the secondary school system into 
adulthood. The responsibilities of the TPS administrative unit shall 
include the following:
            ``(1) Individual transition plan.--The TPS administrative 
        unit shall have responsibility for developing and assisting in 
        the implementation of ITPs.
            ``(2) Transition brokers.--
                    ``(A) In general.--The TPS administrative unit 
                shall employ or otherwise secure the services of 
                transition brokers.
                    ``(B) Role.--A transition broker of the TPS 
                administrative unit shall--
                            ``(i) facilitate coordination among State 
                        agencies in the development of ITPs; and
                            ``(ii) provide assistance to individuals 
                        with developmental disabilities, consistent 
                        with the individual's ITP, in navigating the 
                        complex system of supports and services 
                        available through Federal and State programs.
                    ``(C) Qualifications.--To be eligible to serve as a 
                transition broker of the TPS administrative unit, an 
                individual shall possess two or more of the following 
                qualifications:
                            ``(i) Expertise relating to individuals 
                        with developmental disabilities, benefits 
                        planning, the provision of transition services, 
                        employment and job development, and negotiating 
                        among various State stakeholders.
                            ``(ii) Experience with and knowledge of the 
                        generic workforce development sector, 
                        vocational rehabilitation, and job development.
                            ``(iii) Knowledge and expertise in the use 
                        of tools to advance asset development and 
                        economic self-sufficiency, including favorable 
                        tax benefits, work incentives, matched savings 
                        plans, education financing, and effective 
                        strategies to manage a budget, money, and 
                        credit.
                            ``(iv) Knowledge about self-direction and 
                        person-centered planning processes.
                    ``(D) Assignment.--A transition broker of the TPS 
                administrative unit shall be assigned to an individual 
                upon--
                            ``(i) the individual or the individual's 
                        family or guardian selecting the broker; and
                            ``(ii) the State intellectual and 
                        developmental disabilities agency approving the 
                        selection.
            ``(3) Self-advocacy, self-determination skills, and peer 
        mentoring.--The TPS administrative unit shall offer strategies 
        and training to individuals with developmental disabilities and 
        their families regarding self-advocacy, self-determination 
        skills, and peer mentoring to improve the ability of such 
        individuals to advocate and negotiate on their own behalf.
            ``(4) Effective information and resources.--The TPS 
        administrative unit shall provide information to individuals 
        with developmental disabilities and their families on Federal 
        and State services, supports, and regulations, including with 
        respect to asset development, insurance and benefit programs, 
        financial savings tools, and asset or income limits that affect 
        eligibility for Federal and State means-tested services, 
        supports, or programs. Such information shall be easily 
        understood and updated on a quarterly basis each year.
    ``(c) Fostering Multiagency Collaboration.--The State intellectual 
and developmental disabilities agency of each State that receives 
assistance under this subtitle shall facilitate memoranda of 
understanding among key State agencies for the purpose of coordinating 
and improving the services and supports provided by such agencies to 
individuals with developmental disabilities during the transition into 
adulthood.

``SEC. 175. ANNUAL REPORT.

    ``Not later than the end of fiscal year 2012, and annually 
thereafter, the Secretary shall submit a report to the Congress 
containing an evaluation of the implementation and effectiveness of 
this subtitle, including an evaluation of--
            ``(1) the number of individuals in each State who had an 
        ITP developed on their behalf over the past fiscal year;
            ``(2) progress made at the individual level in implementing 
        the objectives of ITPs developed since the date of enactment; 
        and
            ``(3) with respect to individuals for whom an ITP is 
        developed, their employment status, education status, income 
        level, race, gender, and current residence.

``SEC. 176. AUTHORIZATION OF APPROPRIATIONS.

    ``To carry out this subtitle, there is authorized to be 
appropriated $50,000,000 for each of fiscal years 2012 through 2016.''.
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