[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 604 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 604

  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 10, 2011

   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 2011'' or ``TEAM-
Employment Act of 2011''.

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 2012 
        through 2016, 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 2012 through 2016.
            ``(2) Center.--There are authorized to be appropriated to 
        carry out subsection (g)(2) $5,000,000 for each of the fiscal 
        years 2012 through 2016.''.
    (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.''.
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