More comments on non-competitive employment for people with intellectual and developmental disabilities

Testimony from 18 Missouri, an organization representing 6,000 families in support of people benefitting from non-competitive employment.

See more on Youtube.

Today, 12/15/19 is the last day to submit comments to the U.S. Commission on Civil Rights Regarding Section14(c) of the Fair Labor Standards Act. 14(c) allows employers to pay people with disabilities less than minimum wage based on their individual abilities and needs. Protections in the law make acceptance of non-competitive employment voluntary. Other employment opportunities are available for people with disabilities who want competitive employment for at least minimum wage through Vocational Rehabilitation agencies and supported employment services. 

Submit comments by email here, subminimumwages@usccr.gov . 

Although comments are due today, anyone can comment any time to the US Commission on Civil Rights.

The following are excerpts from a letter dated 11/14/19 from Jill Escher, President of the National Council on Severe Autism, to the US Commission on Civil rights regarding “non-competitive employment options with severe cognitive, functional and behavioral disabilities”. Read the full text of the letter here.

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National Council on Severe Autism
PO Box 26853
San Jose, CA 95159
info@ncsautism.org
ncsautism.org
November 14, 2019 

United States Commission on Civil Rights
Via email: subminimumwages@usccr.gov 

...We fully understand and appreciate that some individuals with disabilities have been paid less than their productivity warrants—clearly, justice requires that those individuals receive competitive wages. However, a substantial portion of the disability sector—namely, those with substantial cognitive and behavioral impairments who lack the ability to engage in work at a competitive level—require noncompetitive, highly supported options…. 

All Americans should have access to work, but elimination of 14(c) de facto excludes our severe ID population from the workforce based on the fantasy that all intellectually disabled adults could achieve competitive employment. A few more key points: 

• Given the staggering increase in the population with severe autism, we see a clear imperative to create vastly more, not fewer, options for day programming and supported forms of employment. …We need to maximize their person-centered options, including work that pays special wages based on less-than-competitive productivity.
• Subminimum wage work is but one benefit accruing to the significantly disabled clients. …A standard job supervisor is unlikely to treat seizures, change diapers, or handle getting punched or scratched, to put it mildly. The extremely valuable, though non-monetary, therapeutic dimensions should be considered before over-simplistically labeling subminimum wages as discriminatory. 
• 14(c) programs serving the significantly intellectually disabled provide a protected form of employment unavailable in the free market...the employee’s needs comes first, and profitability is not the prime endpoint. The nonprofit work is typically tailored to the particular skillset of the worker, a customization unavailable in the free labor market where individuals are expected to conform to pre-established performance standards...Disability advocates often accuse 14(c) wage programs of exploiting or abusing their disabled workers, but for severely challenged adults, the opposite is almost always true— the programs often protect clients from exploitation and abuse by offering protected employment. 
• No person with a disability is forced into 14(c) work, and wages are set carefully. … 
• Most workers with disabilities, for example physical disabilities, are already in the competitive market...As Harris Capps, the father of Matthew, who loves his job in an Ohio work center, states, "If a higher functioning individual is able to get a job providing a mandated minimum wage, surely, they already have the minimum wage law in effect to protect them." 
• When non-competitive workshops close, participants often end up idle at home, lonely and unemployed, or if they work at all, with decreased job hours and decreased total wages. Where is the data suggesting better outcomes for the severely disabled who are denied the opportunity to work? We have seen none. Slashing their jobs, leaving them to languish at home, detached from any community of peers, with no viable alternative discriminates against our most vulnerable. The ostensible “liberation” of requiring competitive employment obviously strands our most vulnerable citizens. At a minimum, 14(c) must remain intact for our subset who lack capacity for competitive employment. 

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Fact Sheet on Subminimum Wages for People with Disabilities

The DD News Blog testimony to the USCCR

Testimony on special wage certificates for people with disabilities

December 13, 2019

To: The U.S. Commission on Civil Rights
From: Jill R. Barker, Ann Arbor, Michigan 

Re: Do 14(c) wage certificates violate the civil rights of people with disabilities?

Answer: NO, not with the protections properly enforced in current law and the availability of choices to meet individual needs.

I am the parent of two adult sons with profound intellectual and developmental disabilities (IDD). Despite the claims by many disability advocacy groups, that all people with disabilities can work in integrated, competitive work settings, my sons are not capable of work of any kind, although there are many services and protections that are afforded to them that improve and maintain the quality of their lives.

I also belong to local and national disability organizations that acknowledge a broad spectrum of ability and need and avoid proclaiming to know with absolute certainty what all people with disabilities can and can’t do. Only by empowering individual voices of people with disabilities (including legal guardians) and their families to advocate for their own needs and preferences will we ever get to a system of care and services that is in synch with the needs of this diverse population.

Special wages below minimum wage are permitted under Section 14(c) of the Fair Labor Standards Act for people with disabilities. The claim that these are inherently discriminatory is belied by the protections in law that make acceptance of these services voluntary and a choice among alternatives for employment.

According to a Fact Sheet from the U.S. Department of Labor, Wage and Hour Division, on “The Employment of Workers with Disabilities at Subminimum Wages”,

“The fact that a worker may have a disability is not in and of itself sufficient to warrant the payment of a subminimum wage.”

Special wage certificates allow people with more severe cognitive and other disabilities to work at their own pace in skill development centers (sheltered workshops, usually in community settings) and receive pay adjusted to their abilities and how fast they work. Special wages are below the federal minimum wage and are a way to subsidize employers who provide jobs to people who would otherwise not be able to compete for employment.

Wages must be commensurate with the individual’s abilities and productivity: “All subminimum wages must be reviewed and adjusted, if appropriate, at periodic intervals. At a minimum, the productivity of hourly paid workers must be reevaluated every six months and a new prevailing wage survey must be conducted at least every twelve months;” … “any worker with a disability paid at subminimum wages, or his/her parent or guardian, may petition the Administrator of the Wage and Hour Division for a review of their special wage rates by a Department of Labor Administrative Law Judge.”

People with intellectual and developmental disabilities who wish to work in integrated competitive work settings for at least minimum wage should be eligible for ongoing supported employment services, usually funded by Medicaid Waivers.

With Medicaid and social security benefits and a variety of options available to people with IDD, it is hard to imagine that individuals who choose to work in non-competitive work settings are depriving themselves of their civil rights.

Depriving people with severe disabilities of an accommodation that allows them to engage in appropriate work is in itself discriminatory.

In an article from The Hill, “Eliminating subminimum wage waivers will harm hundreds of thousands of people with disabilities”, 8/10/2018, David Ordon writes,

“In 2014, 75 percent of individuals with I/DD receiving day or employment services through a state I/DD system were attending a sheltered or facility-based environment.

“This means that efforts to remove 14 (c) subminimum wage certificates are essentially targeting one group, and one group alone: people with disabilities who choose to attend sheltered workshops”.

Protecting the choices of people with severe disabilities also protects choice in general for all people with disabilities. Eliminating choices that some advocates don’t approve of may feel good to them in the moment, but using civil rights as a weapon to deprive people of needed services is unfortunately an excuse that is not lost on government agencies and legislators always looking for ways to cut costs for vulnerable populations.

Jill R. Barker
12/13/2018

A brief history of work centers for people with disabilities and subminimum wage

[The term "Sheltered Workshop" is used pejoratively by many advocacy organizations promoting the elimination of these programs. Other terms, such as facility-based or center-based work programs for people with severe disabilities are equally valid and often preferred by those who need and want these programs to continue, even when they pay less than minimum wage as allowed by law. Any of these terms mean the same thing as far as I am concerned.] 

A 1998 Technical Assistance Circular from the U.S. Department of Education on State Vocational Rehabilitation Agencies and Community Rehabilitation Programs gives some historical perspective on the origins of employment programs for people with severe disabilities:

"In 1938, President Franklin D. Roosevelt signed into law the Wagner O'Day Act to provide employment through the sale of products to the Federal government for persons who were blind. Congress amended this Act in 1971 as the Javits-Wagner-O'Day Act (JWOD) to also include Federal contracts for products and services and expanded the Act to provide employment opportunities for other persons with severe disabilities..."

The 1971 amendments to the act include expanded employment opportunities. State Vocational Rehabilitation agencies were encouraged to coordinate with Community Rehabilitation Programs (CRPs) that employ people at or above minimum wage, but also to provide “extended employment”. Extended employment is defined as "work in a non-integrated or sheltered setting for a public or private non profit agency that provides compensation in accordance with the Fair Labor Standards Act, and any needed support services to an individual with a disability to enable the individual to continue to train or otherwise prepare for competitive employment, unless the individual through informed choice chooses to remain in extended employment”[emphasis added].

One of the criticisms of the 1938 law is that it is old - sometimes the word "archaic" is used. Tell that to people receiving social security old age benefits based on a 1935 law, and I doubt that many of them will return their checks because the law is old.

A criticism of the 1971 amendments (JWOD) is that the people who passed the law were somehow unenlightened and did not believe, as many advocates now claim, that everyone with a severe disability can work in integrated, competitive employment. Thousands of people in center-based work programs and their families disagree. They need and value the types of employment and other services offered by these so-called archaic work programs. Many disabled individuals have tried integrated, competitive employment, and either could not find or keep a job or could not function in competition with other employees in integrated work settings.

Vocational Rehabilitation programs that train and provide services for people with disabilities for competitive employment are time-limited and the goals of these programs are out of reach for many people with intellectual and developmental disabilities (IDD). WIOA, the Workforce Innovation and Opportunity Act signed by President Obama in 2014, loosened up some of the requirements for vocational rehabilitation services, but it prioritizes integrated competitive employment above work in non-integrated work settings that may not be suitable for many people with IDD.

Supported Employment Services, are defined in the DD Act (The Developmental Disabilities Assistance and Bill of Rights Act of 2000) for people with IDD as follows:

The term 'supported employment services' means services that enable individuals with developmental disabilities to perform competitive work in integrated work settings, in the case of individuals with developmental disabilities

• for whom competitive employment has not traditionally occurred; or
• for whom competitive employment has been interrupted or intermittent as a result of significant disabilities; and
• who, because of the nature and severity of their disabilities, need intensive supported employment services or extended services in order to perform such work.

Supported Employment is often funded through Medicaid Waivers for people with IDD in integrated settings for at least minimum wage. These services can continue as long as needed, unlike vocational rehabilitation services that are time-limited. These services, however, can be very costly and not suitable for some people with more severe disabilities.

Work programs that hire people with more severe disabilities can obtain special wage certificates under the Fair Labor Standards Act to pay employees less than minimum wage, but commensurate with the individual's abilities and productivity. Wage certificates are threatened with elimination as are the programs that employ people with severe disabilities. The claim that these are inherently discriminatory is belied by the protections in law that make acceptance of these services voluntary and a choice among alternatives for employment.

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See also, The DD News Blog "Fact Sheet on Sub Minimum Wages for People with Disabilities"

Comments needed by 12/15/19.

"VOR's Position on Sheltered Workshops"

The DD News Blog on supported employment

Fact Sheet on Subminimum Wages for People with Disabilities

The US Department of Labor issued a Fact Sheet on “The Employment of Workers with Disabilities at Subminimum Wages” in 2008. It still applies, even as discussion of changes to the law is currently a hot topic.

Special wage certificates allow people with more severe cognitive and other disabilities to work at their own pace in skill development centers (sheltered workshops, usually in community settings) and receive pay adjusted to their abilities and how fast they work. Special wages are below the federal minimum wage and are a way to subsidize employers who provide jobs to people who would otherwise not be able to compete for employment.

The facts show, that working in a sheltered workshop or other non-competitive employment situation is not an arbitrary decision nor is it compulsory: “The fact that a worker may have a disability is not in and of itself sufficient to warrant the payment of a subminimum wage.”

Wages must be commensurate with the individuals abilities and productivity: “All subminimum wages must be reviewed and adjusted, if appropriate, at periodic intervals. At a minimum, the productivity of hourly paid workers must be reevaluated every six months and a new prevailing wage survey must be conducted at least every twelve months;” “…any worker with a disability paid at subminimum wages, or his/her parent or guardian, may petition the Administrator of the Wage and Hour Division for a review of their special wage rates by a Department of Labor Administrative Law Judge.” 

In addition, Many facility-based job sites for people with more severe disabilities offer other services in addition to employment. Most employees with intellectual and developmental disabilities (IDD) receive benefits such as Supplemental Security Income, Medicaid covered health insurance, and other supports for people with low incomes and special needs. .

People with developmental disabilities who wish to work in integrated competitive work settings for at least minimum wage should be eligible for ongoing supported employment services, usually funded by Medicaid Waivers.

With these benefits and choices available to people with IDD, it is hard to imagine that individuals who choose to work in non-competitive work settings are depriving themselves of their civil rights.

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U.S. Department of Labor
Wage and Hour Division
(Revised July 2008)

Fact Sheet #39: The Employment of Workers with Disabilities at Subminimum Wages

This fact sheet provides general information concerning the application of section 14(c) of the Fair Labor Standards Act (FLSA).

Characteristics

Section 14(c) of the FLSA authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages - wages less than the Federal minimum wage - to workers who have disabilities for the work being performed. The certificate also allows the payment of wages that are less than the prevailing wage to workers who have disabilities for the work being performed on contracts subject to the McNamara-O'Hara Service Contract Act (SCA) and the Walsh-Healey Public Contracts Act (PCA).

A worker who has disabilities for the job being performed is one whose earning or productive capacity is impaired by a physical or mental disability, including those relating to age or injury. Disabilities which may affect productive capacity include blindness, mental illness, developmental disabilities, cerebral palsy, alcoholism and drug addiction. The following, taken by themselves, are not considered to be disabilities for purposes of paying subminimum wages: education disabilities, chronic unemployment, receipt of welfare benefits, nonattendance at school, juvenile delinquency, and correctional parole or probation.

Section 14(c) does not apply unless the disability actually impairs the worker's earning or productive capacity for the work being performed. The fact that a worker may have a disability is not in and of itself sufficient to warrant the payment of a subminimum wage.

Coverage

Any person who works on or otherwise handles goods that are moving in interstate commerce is individually subject to the minimum wage and overtime requirements of the FLSA. In addition, employees of enterprises operated for a business purpose that have an annual dollar volume of sales or business done of at least $500,000 are also subject to the FLSA's requirements. Furthermore, employees of public agencies; hospitals; institutions primarily engaged, in the Act's own words, “in the care of the sick, the aged, or the mentally ill or defective who reside on the premises;” schools for children who have disabilities; or preschools, elementary or secondary schools, or institutions of higher education are covered on an enterprise basis regardless of the annual dollar volume of the employer.

Requirements

Certification

Employers must obtain an authorizing certificate from the Wage and Hour Division prior to paying subminimum wages to employees who have disabilities for the work being performed. Employers shall submit a properly completed application (Form WH-226-MIS, Application for Authority to Employ Workers with Disabilities at Subminimum Wages.) and the required supporting documentation to: 

United States FS 39
Department of Labor, Wage and Hour Division, 230 South Dearborn Street, Room 514, Chicago, Illinois, 60604-1757; (312) 596-7195. Certificates covering employees of work centers and patient workers normally remain in effect for two years. Certificates covering workers with disabilities placed in competitive employment situations or School Work Experience Programs (SWEPs) are issued annually.

Commensurate Wage Rates

Subminimum wages must be commensurate wage rates - based on the worker's individual productivity, no matter how limited, in proportion to the wage and productivity of experienced workers who do not have disabilities performing essentially the same type, quality, and quantity of work in the geographic area from which the labor force of the community is drawn. The key elements in determining commensurate rates are:

•Determining the standard for workers who do not have disabilities, the objective gauge against which the productivity of the worker with a disability is measured.

•Determining the prevailing wage, the wage paid to experienced workers who do not have disabilities for the same or similar work and who are performing such work in the area. Most SCA contracts include a wage determination specifying the prevailing wage rates to be paid for work on the SCA contract.

•Evaluating the quantity and quality of the productivity of the worker with the disability.

All subminimum wages must be reviewed and adjusted, if appropriate, at periodic intervals. At a minimum, the productivity of hourly paid workers must be reevaluated every six months and a new prevailing wage survey must be conducted at least every twelve months.

Overtime, Child Labor and Fringe Benefits

Generally, workers subject to the FLSA, SCA, and/or PCA must be paid overtime at least 1 1/2 times their regular rate of pay for all hours worked over 40 in a workweek. Minors younger than 18 years of age must be employed in accordance with the youth employment provisions of the FLSA and PCA. Neither the FLSA nor PCA have provisions requiring the payment of fringe benefits. Workers paid subminimum wages, however, must receive the full fringe benefits listed on the wage determination when performing work subject to the SCA.

Enforcement

The Wage and Hour Division is responsible for the administration and enforcement of the FLSA. In addition, any worker with a disability paid at subminimum wages, or his/her parent or guardian, may petition the Administrator of the Wage and Hour Division for a review of their special wage rates by a Department of Labor Administrative Law Judge.

Worker Notification

Each worker with a disability and, where appropriate, the parent or guardian of such worker, shall be informed orally and in writing by the employer of the terms of the certificate under which such worker is employed. In addition, employers must display the Wage and Hour Division poster, Notice to Workers with Disabilities Paid at Special Minimum Wages (WH Publication 1284).

Where to Obtain Additional Information

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

1-866-4-USWAGE

TTY: 1-866-487-9243Contact Us

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See also, Because We Care - "What is all this about subminimum wage?"

The DD News Blog - more on special wage certificates

Parents' comments on special wages for people with IDD

December 6, 2019

These comments are addressed to the US Commission on Civil rights regarding special wage certificates for people with intellectual and developmental disabilities.

See The DD News Blog for more information on the issues involved and how to submit comments. Comments are due by DECEMBER 15, 2019.


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Dear Commissioners: 

Our daughter Sarah lives at Misericordia in Chicago, IL. Misericordia is a non-profit entity serving over 600 children and adults with intellectual disabilities who require around-the-clock care. Sarah is 37 years old, has cerebral palsy, uses a wheelchair, and is intellectually about three to four years old. She needs assistance to perform all activities of daily living, including dressing, bathing, toileting, eating, and medicating.

We strongly support the special wages permitted by Section 14(c) of the Fair Labor Standards Act. It is essential that 14(c) remain available to those served by Misericordia.

Misericordia operates a number of work programs on its campus. The purpose of these programs is to provide job training to the men and women Misericordia serves and to provide them with a life of dignity. All of these programs operate at a loss. These programs are operated solely to give Misericordia residents the pride and self-esteem that come from holding a job. Without Section 14(c), the cost of these work programs would triple. Misericordia would be forced to employ fewer of its residents and employ them for fewer hours. The loss of job opportunities for our loved ones would not be replaced by off-campus jobs. Many Misericordia residents, including our Sarah, cannot obtain or maintain an off-campus job at the minimum wage. Sarah's intellectual and behavioral challenges preclude community employment. Her only opportunity at employment is an on-campus job where she can receive the constant care and support she requires.

We hope that through Misericordia's excellent training programs one-day Sarah can hold a job in Misericordia's laundry or recycling program. But, if Section 14(c) is eliminated, that will become impossible. The end of 14(c) would mean the end of our dream that Sarah will one day have a job on Misericordia's campus. The special wages permitted by Section 14(c) do not violate Sarah’s civil rights. In fact, Section 14(c) protects Sarah’s right to choose the work environment that best meets her needs. Depriving Sarah of that choice and relegating her to spend her days in non-work activities would violate her civil rights.

Thanks for your thoughtful consideration of this important issue.

Liz and Scott Mendel

Scott Mendel is the Chairman of the Board of Directors for Together For Choice

Are opponents of special wages for people with IDD protecting their civil rights or limiting job opportunities?

Saint Lucy

December 6, 2019

This is from Together For Choice (TFC), a national advocacy organization for people with intellectual and developmental disabilities. According to the TFC Website, 

"Together for Choice was organized by providers and families across the country seeking to enhance the right of individuals with developmental disabilities to choose where to live and how to spend their days. We stand for the proposition that individuals with developmental disabilities should have the same rights as everyone else to decide where to live, work, recreate and receive services."

TFC is encouraging its members and other interested parties to send comments to the U.S. Commission on Civil Rights regarding special wage certificates that protect jobs for people who are not able to work for competitive wages in fully integrated work settings. 

Submit your comments to the US Commission on Civil Rights BY DECEMBER 15.

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Action needed to submit comments to the U.S. Commission on Civil Rights Regarding 14(c)

Dear Together for Choice Member:

Section 14(c) of the Fair Labor Standards Act continues to be under attack. Once again it is critical that we act to protect the work opportunities of our loved ones. The United States Commission on Civil Rights held a briefing in Washington, D.C. and is accepting comments through December 15 on the following topic: “Subminimum Wages: Impacts on the Civil Rights of People with Disabilities.” The way the topic is phrased makes it clear where the Commission is going. It uses the derogatory term “subminimum wage” and turns special wages that accommodate an individual’s abilities and helps them gain employment into a violation of their civil rights.

As we have previously discussed, special wages for those with disabilities is permitted under Section 14(c) of the Fair Labor Standards Act and has been in existence for over 80 years. This provision permits employers to pay individuals with disabilities a specialized wage based on their ability to perform the job. At no point does the statute refer to these wages as “subminimum.” The purpose of Section 14(c) is to help individuals with disabilities to obtain employment. No one is forced to work at 14(c) wages. Therefore, the statute preserves choices for our loved ones; it preserves their civil right to choose the employment setting that best suits them.

Last spring when we asked you to submit comments on 14(c) to the Department of Labor, your response was overwhelming. There were far more comments supporting 14(c) than opposing it. It was important that the Department of Labor hear from the families that would be affected by a repeal of this important law. We must do the same now with our comments to the US Commission on Civil Rights. The briefing scheduled for last Friday, November 15, had a full list of previously selected speakers. Virtually all of the scheduled speakers oppose Section 14(c) and want to see it eliminated along with work programs designed to meet the needs of those with developmental disabilities. The Commission needs to understand that the repeal of Section 14(c) will mean the loss of employment for men and women with significant intellectual or developmental disabilities, like our loved ones. It is important that the Commission hear from us, the families and providers that serve those with intellectual disabilities. The Commission must recognize that there is no “one size fits all” solution when it comes to employment of individuals with disabilities.

The real civil rights issue here is choice. The right of our loved ones to choose the employment option that best meets their needs must be respected. To repeal 14(c) and deny our family members that choice would violate their civil rights.

Therefore, please submit your comment to the US Commission on Civil Rights BY DECEMBER 15.

https://www.usccr.gov/press/2019/11-13-Subminimum-Wages-PR.pdf

... Please make sure you put your comment in your own words. Individual comments have a much greater impact than those that look like copies of others’ comments.

Comments can be emailed to: subminimumwages@usccr.gov

(If you'd like for us to keep a record of your email, you can copy info@togetherforchoice)

Comments can also be mailed to the Commission at the following address:

OCRE/Public Comments
U.S. Commission on Civil Rights
1331 Pennsylvania Ave. NW
Suite 1150
Washington, DC 20425

Michigan: 2019 Annual Home and Community Based Waiver Conference

Ian the Handsome

Home and community based Medicaid waivers are available for people with developmental disabilities who live in community settings but need an institutional level of care. Michigan's DD waiver is call the Habilitation Supports Waiver (HSW). 

The Children's Waiver Program allows minor children who live at home to qualify for Medicaid  services, regardless of the family's income. Services include an array of "medically necessary" social services and supports for both the child and the family that allow the child to continue to live at home. The CWP is also covered at this conference.

It never surprises me when parents of children and adults with intellectual and developmental disabilities know next to nothing about these waivers and the services that they theoretically make available. This applies even to people whose children are currently covered by Medicaid Waivers. Unbeknownst to them, that paper that someone slid over the table to them at a recent person-centered planning meeting and asked them to sign, was giving permission to "waive" services ordinarily provided in an Intermediate Care Facility for people with intellectual disabilities, for home and community based services. 

Community Mental Health agencies are reluctant to provide parents with a comprehensive list of possible services (as long as they are "medically necessary") under Medicaid waivers for fear that an astute family member may find something that could fill a critical need for the disabled individual and therefore compel CMH to actually provide the service. You will notice that I did the best that I could to at least find a list of services included in Michigan's Medicaid Provider Manual, but it is hard to read and understand without knowing how these services are defined and who provides them.

I go to the Medicaid Waiver conference almost every year, partly to find out what the  Michigan Department of Health and Human Services is cooking up for my kids and whether it is something I need to applaud or stop in its tracks. [I am looking at this in terms of the effect on my sons; I do not make judgments for others.] I never know if I am going to be pleasantly surprised or appalled by the inspirational keynote speakers. In 2016, the keynote speaker appeared in a mermaid costume (I was prepared to find her talk appalling), but she was hilariously funny and if she did not make her living as a Rheumatology Nurse Practitioner in Lansing, she might have made it as a professional comedian.

Consider taking a chance on this two-day conference (it's only $20 for family members), including a buffet breakfast and lunch. I'll see you there.

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The 2019 Annual Home and Community Based Waiver Conference

Tuesday, November 19, 2019 and 

Wednesday, November 20, 2019

Kellogg Hotel & Conference Center at Michigan State University
219 S Harrison Rd, East Lansing, MI 48824
View Google Map

Registration is open!

This conference will provide technical assistance and training on the implementation and maintenance of the Children’s Waiver Program (CWP) and the Habilitation Supports Waiver (HSW), clinical issues, and administrative functions relevant to these waivers. Additionally, this conference will provide training in ASD, evidence-based services, highlight programs across the state, and provide technical assistance on implementation of the Medicaid/MIChild Autism Benefit.

Overnight Accommodations:

The Kellogg Hotel & Conference Center is located in East Lansing adjacent to Michigan State University. The discounted room block of $85 per night plus tax has been filled. Other upgraded rooms choices are available for $145 group rate. For Room Reservations: Call 517-432-4000 and provide the discount code of 1911DCH&MA. The deadline for room discounts is October 10, 2019.

Rooms are available at other area hotels with special rates for the conference.

Documents
Save the Date Flyer Waiver Conference
Agenda C-Waiver Conf 2019

Who Should Attend

This conference contains content appropriate for case managers, supports coordinators, clinicians, behavior analysts, CMH administrative or clinical staff, providers, HCBS or waiver coordinators, individuals receiving services and family members and social workers at all levels of practice (beginning, intermediate and/or advanced).

EVENT DETAILS

Closure of Vocational Centers: A Threat Against the Significantly Disabled

Matt at work

This is by the father of Matt. Matt has intellectual and developmental disabilities. He loves his job in a vocational center, sometimes known as a sheltered workshop. Why do some people want to take his job away from him?

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An Existential Threat against the Significantly Disabled:
Phase-Out of Vocational Centers (Sheltered Workshops)

By: Harris Capps, November 2019

I am a Parent and Guardian for my son Matthew, who has moderate to severe Intellectual and Developmental Disabilities (IDD), to include autism and cerebral palsy that precludes speaking. He also has behavioral episodes that may range from tantrums to severe meltdowns that could result in injury to himself or others. Just explaining that to you is painful, because his dignity is important to us. He resides in an Intermediate Care Facility (ICF) which provides 24-hour care. He is largely unable to understand how to reason or make decisions. He knows that a dollar will help him go to MacDonald’s, but he has no concept of how many dollars and cents may be required. 

The very existence of Sheltered Workshops for those with Intellectual and Developmental Disabilities (IDD) has been attacked for the first time since the law was enacted in 1938 as a part of the new Social Security Program. Why do higher functioning disabled persons and their lobbying organizations want to deny lower functioning persons, the right to work? If a higher functioning individual can get a job that provides a mandated minimum wage, surely, they already have the minimum wage law in effect to protect them. So, let me tell you a bit more about Matt. 

Matthew loves to go to work at “PERCO”, a vocational Center in Perry County, Ohio. If we call him on Sunday evening and remind him that he gets to go to work the next day, he quite literally jumps up and down and makes sounds of anticipatory delight.

According to his job coaches, Matt is very proud that he accomplishes work and earns a paycheck. Matthew is unable to differentiate the amount of his check… he just revels in the fact that he has earned something of value which allows him to pay for things. If a picture is worth a thousand words, do you think this photo of Matt working conveys dissatisfaction or sadness? 

The following episode tells you the importance of his work. On a Saturday in February 2019, Fran and I got a call from nursing at Matt’s ICF. Matt had made the sign (crossed arms) for “work”. In other words, he wanted to go to work. But his Work Center is not open on the weekends. The direct care worker tried to explain to Matt that the Center was closed. Matt quickly went from a somewhat manageable tantrum to what we call a “meltdown” typically evidenced by his inability to control his emotions, yelling, crying, and in this case, he bit his direct care worker on the arm. The worker had to go to the hospital for treatment.

Supporters of “14 (c) Work Centers know many Myths for phasing-out the Sub-minimum Wage including self-determination. For example, it is simply untrue that “employers across the country are using this waiver to acquire cheap labor”. And, the false assertion that my son is somehow a victim of discrimination, and exploitation. Matt voluntarily attends a sheltered workshop because it fits his capabilities. People with IDD like Matt would never be able to work in “competitive employment” because his measured productivity (monitored by the Department of Labor) is too low, and for what he does achieve, he requires job coaches to teach, encourage and know how to deal with his disabilities.

An article written by David Ordan ["Eliminating subminimum wage waivers will harm hundreds of thousands of people with disabilities" 8/10/18 in thehill.com] said, 

“In 2014, 75 percent of individuals with I/DD receiving day or employment services through a state I/DD system were attending a sheltered or facility-based environment.

This means that efforts to remove 14 (c) subminimum wage certificates are essentially targeting one group, and one group alone: people with disabilities who choose to attend sheltered workshops”. 

He further explains that follow-up studies have shown the failure of closing Work Centers, like in Maine where, over a seven-year period displaced persons not able to obtain employment increased “Day Program” enrollment from 550 in 2008 to 3,178 in 2015.

Mis-informed logic ignores important subjective standards such as empathy, compassion and personal values resulting in treatment of folks like Matt as an individual. In 1938 persons who had just suffered through the Great Depression used not only logic but their values to say that Matthew Matters.

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See more on sub-minimum wage and sheltered workshops from The DD News Blog

November 5th, 2019: Ann Arbor Schools' Bond proposal is on the ballot

Information from the AAPS Website: 

Voters in the Ann Arbor Public School District will be asked to consider a bond proposal to upgrade school facilities and sites, enhance existing building security, and provide upgraded and sustainable learning environments throughout our district. 

The bond program scope is based on a comprehensive facility assessment conducted by independent architects and engineers to assess the current and future building needs in our district. The $1 Billion Bond proposal will be used to improve the school district’s infrastructure and learning environments for the next 20 years. 

Here are Frequently Asked questions on the Bond Proposal.

This is an article from Mlive.com with a school-by-school assessment of needs:

Check the health of Ann Arbor Public Schools' 35 buildings ahead of $1B bond vote 
By Martin Slagter | mslagter@mlive.com 

What are school bonds and why do we need them? 

Not wanting to appear ignorant, I am reluctant to ask obvious questions about things that other people seem so confident in knowing. It did occur to me, however, that I had only a vague idea of what a school bond does and why we might need one.

First of all, Michigan is one of only 12 states in the country that does not provide state funding for school infrastructure. 

Our schools are funded primarily by local property taxes, called millages. A mill is 1/1000 of a dollar. Property taxes are computed by multiplying the taxable value of the property by the number of mills levied. 

Major infrastructure improvements to schools are funded by school bonds. A bond is like a mortgage that makes funding available now or in the near future. Bonds are sold as an investment and paid back with interest to bond holders with millage increases that are approved by voters in millage elections. 

I found this article on school bonds that gives a straightforward explanation on how they work and what they do: 

How Do School Bonds Work?
By: Nick Robinson
Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA
Updated November 08, 2018

“School systems don't usually have a lot of extra cash on hand, so when they want to make large capital expenditures like building new facilities or making major repairs, they have to borrow money. School bonds are a way for school districts to borrow money. Investors buy promissory notes like school bonds. The school district gets cash in the short term and agrees to pay the investor back over a fixed period of time.” 

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The AAPS website includes more information, including the estimated cost to homeowners and a schedule of events where the issue will be discussed.

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FYI: Due to the passage of the statewide ballot proposal in November 2018, all eligible and registered voters in Michigan may now request an absent voter ballot without providing a reason. 

See the League of Women Voters "vote 411" Website for personalized voting information.

VOR opposes legislation that will lead to the closure of employment programs for severely disabled

VOR (a Voice Of Reason) “is a national organization that advocates for high quality care and human rights for people with intellectual and developmental disabilities.” The organization is unique in supporting individuals who have severe and profound disabilities and their families, especially those who need an institutional level of care. Many of our I/DD family members live in Intermediate Care Facilities for people with I/DD (defined as institutions under Medicaid law) while others live with their families or in community homes. 

VOR is unusual, if not unique, as a national organization that does not receive or seek funding from the federal government. VOR is 100% privately funded and receives more than 95% of its financial support from families of individuals with intellectual and developmental disabilities (I/DD). [See The Value of VOR Membership]

As a member of VOR for more than fifteen years, I found a home here for a number of reasons, not the least of which is that I have two adult sons with profound I/DD. With VOR, I am not obliged to follow an ideology that claims that all people with disabilities can live independent lives in their communities, dismissing mention of people like my sons who will never be independent or able to make their own decisions or work in competitive, integrated employment. I do not subscribe to the idea that the quality of my sons’ lives should be measured primarily in terms of how many non-disabled people they come in contact with in their daily lives. This is, in fact, what many federally supported disability organizations are obliged to espouse if they want those federal dollars.

Because VOR relies entirely on the generosity of families and friends, much of the work is done by family “volunteers” (or “draftees”, as is often the case). From time to time, I republish policy statements, commentary, and personal stories from VOR, mostly because they are consistently accurate and well-written and represent voices from the heartland of disability politics that are rarely heard, people with severe and profound disabilities and their families.

The following is a statement of VOR’s opposition to federal bills that include in them the elimination of sub-minimum wage certificates that would lead to the closure of employment programs that serve people with severe disabilities. 

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Please Oppose the Movement to Eliminate 
Work Centers and 14(c) Wage Certificates for 
Individuals with Intellectual and Developmental Disabilities 

The Raise the Wage Act:
H.R. 582 – Rep. Bobby Scott (D-VA) S. 150 - Sen. Bernie Sanders (D-VT)

The Transformation to Competitive Employment Act:
H.R. 873 - Rep. Bobby Scott (D-VA) S. 260 – Sen. Bob Casey (D-PA) 

Thousands of individuals with intellectual disabilities enjoy the opportunity to work in a specialized environment that nurtures them and accommodates their mental, physical and behavioral challenges, while rewarding them with specialized wages that, while not equal to full minimum wages, are appropriate to their level of productivity and their capacity to work. These opportunities rely on specialized wage certificates as provided for under Section 14(c) of the Fair Labor Standards Act. The employment usually takes place at facility-based work centers, sometimes referred to as sheltered workshops. These centers provide more than employment. They provide a protected atmosphere suited to the intellectual and behavioral challenges of the individuals who work there. They cater to a higher-needs population, which includes people who may have frequent seizures, who may act out physically, even violently, when stressed, or who may need help toileting or to have their adult diaper changed. This is a specialized environment for a special population.

In the first weeks of the 116th Congress, two bills have been introduced in the House and Senate that would eliminate these employment opportunities for individuals with intellectual disabilities. Proponents of these bills describe them as civil rights issues, asking:

“If a non-disabled person has the right to work for competitive wages, why should a person with intellectual disabilities be denied the right to work for full, competitive wages?”

This appears to be a perfectly reasonable question, until you think of the different forms of disability, and the severity of some intellectual disabilities. Then the matter becomes complicated, as not all disabilities are equal. 

A more accurate question would be:

“If a non-disabled person has the right to work for competitive wages, why should a person  with intellectual disabilities who is capable of working at an equal capacity be denied the right to work for competitive wages? And why should a person who is not capable of working at a competitive capacity be denied the opportunity to perform any work at all?”

Why VOR opposes these bills:

The movement to promote competitive employment for disabled individuals, encompassing people with visual, auditory, and physical disabilities as well as many people with I/DD, is a noble effort, a true civil rights issue that is overdue. As a society, we should be creating opportunities for those who want to work, and who are capable of integrating into the mainstream and working at a competitive level. But the implications of these two bills echo the “one-size-fits-all” mentality that dominates the I/DD system and marginalizes those individuals who do not fit into the “one size” population. “One-size-ism” will never be appropriate disability policy. The I/DD population is too complex and diverse to be treated with simplistic, one-sized solutions.

Both of these bills are aimed at providing competitive, integrated employment opportunities for those capable of achieving this level of employment, but they also insist on eliminating the current opportunities provided for those not capable or not desiring this level of employment.

The thinking behind this movement is that work centers are bad things that limit the individual’s capacity, and that given the opportunity to work in a competitive, integrated environment, all individuals will rise to their full capacity. Proponents of this movement, when forced to admit that some people will be shut out or left behind, speak as though this is an “acceptable consequence” of their plan. It is not. These are human lives. These are not disposable, expendable individuals. These people have families who love them and want the best for them.

There is no reason to accept these “acceptable consequences”, especially when there is no correlation between eliminating 14(c) wage certificates and investing in employment opportunities for individuals with disabilities. 

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The Raise the Wage Act has passed the House of Representatives and was introduced in the Senate. The Transformation to Competitive Employment Act has been introduced in the House and Senate with no other actions taken.

More posts from the DD News Blog on this issue.

Wrightslaw: Ann Arbor Special Education Conference, November 3, 2019

Wrightslaw has been providing information on special education law and policy since at least 1993. Their Website has tons of material on special education with links to original sources so that you can learn directly about the law. They include answers to frequently asked questions from parents. Their materials are not disability specific, which means that they connect you with the underlying principles that are the basis for the federal Individuals with Disabilities Act and anti-discrimination laws that apply to all children with disabilities.

That said, they do charge for conferences and sell books and training manuals on their Website. Other offerings are free and available by signing up or just following links.

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Wrightslaw Special Education conference in Ann Arbor:

Sunday, November 3, 2019 
10:30 am to 6:30 pm
at Kensington Court Hotel,
3500 S. State St., Ann Arbor, MI 48108

The ticket price is $150.00

Ticket includes: lunch, snack, a Wrightslaw highlighter pen and the three Wrightslaw books which retail for $62.85 - Wrightslaw: Special Education Law, 2nd Edition, Wrightslaw: From Emotions to Advocacy, 2nd Edition, and Wrightslaw: All About IEPs.

To register, go to WWW.DOWNSYNDROMESUPPORTTEAM.ORG/WRIGHTSLAW

Michigan hearings on Community Mental Health: House Appropriations Subcommittee on Health & Human Services

Michigan State Representative Mary Whiteford, Chair of the MI House Appropriations Subcommittee on Health and Human Services, has announced a series of hearings on Behavioral Health, Community Mental Health Redesign, and Behavioral Health Integration. These are scheduled for Wednesday mornings, from October 2, 2019 through November 6, 2019: 

10:30 A.M. - 12 P.M.

Room 352

House Appropriations
State Capitol Building

Note that two hearings to receive public input will be held on October 30 and November 6, 2019. Call Mary Whiteford's office at (517) 373-0836 or email MaryWhiteford@house.mi.gov for more information (how much time will you have to testify, what is the signup procedure to register, how will written testimony be handled, etc. ???).

To watch a video recording of the 10/2/19 hearing, go to Video Archives for the MI House of Representatives, scroll down to "Appropriations Health and Human Services - Wednesday, October 02, 2019" and click on "Play Video". Presumably future hearings will also appear here after they have been held.

Here is the full schedule:

House Appropriations Subcommittee on HHS

Wednesday, Oct. 2

History and Overview of Public Behavioral Health Financing in Michigan

Jeff Patton - Kalamazoo CMH CEO

Jim Haveman - Former Director of Dept. of Community Health

Wednesday, October 16

CMH Perspective Benefits and challenges of the CMH, PIHP system including House fiscal analysis of Michigan’s behavioral health carve out
Bob Sheehan/Alan Bolter - Community Mental Health Association of Michigan (CMHAM)

House Fiscal Agency


Wednesday, October 23 

The case for Behavioral Health Integration from the former Medicaid Director of Arizona 
Thomas Betlach - former Arizona Medicaid Director

Wednesday, October 30
Public Input

Wednesday, November 6
Public Input

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The Michigan Community Mental Health system serves people with developmental disabilities, mental illness, substance abuse disorders  and children with emotional disturbances. People with DD are a small proportion of the total population served, but DD services represent a proportionately larger part of the CMH budget. This is largely due to the need by many with DD for up to 24/7 home or residential care, the complications of complex medical and behavioral needs, and needed support for families. 

It is often the case, that people with developmental disabilities receive less attention than they should by state legislators, so make sure your voice is heard.