EDUCATION AND WORKFORCE DEVELOPMENT LEGISLATION BEFORE THE NEW CONGRESS

The new 109th Congress has begun work on the reauthorization of a number of key workforce and education pieces of legislation. These include the Workforce Investment Act (WIA) (H.R. 27 and S.9); the Higher Education Act (H.R. 117); the Welfare Reform /Temporary Assistance to Needy Families (TANF) (H.R. 240 and S. 6); and the Carl D. Perkins Vocational and Technical Education Act (H.R. 366 and S. 250).

Action has begun on the reauthorization of the Workforce Investment Act (WIA), with the House of Representatives already approving the legislation (H.R. 27). The Senate (S. 9) has also introduced its bill, with action expected to begin in March.

Currently in WIA, in order to be eligible for youth services, the young person must be low-income. The Senate bill proposes elimination of the income eligibility requirement for out–of-school youth except for high school graduates and pregnant and parenting youth. The House bill removes the income eligibility for out-of-school youth.

The reauthorization bills shift the priority of service from serving youth primarily in-school to primarily out-of-school youth. Current law requires that not less then 30 percent of funds be used to serve out-of-school youth. The House bill would cap spending on youth who are in-school youth at 30 percent and the Senate bill would cap spending for in-school youth at 60 percent.

While the House bill raises the age of eligibility for the formula program from 14-21 to 16-24, the Senate bill keeps the age of eligibility requirements for in-school youth at 14-21, changes out-of-school age eligibility to 16-21, and establishes age eligibility of 14-21 for national challenge grants.

Both make youth councils which are deemed mandatory under current law optional. In addition both the House and Senate bills create new Challenge Grants to assist youth in acquiring the skills, credentials and employment experience that are necessary to succeed in the labor market. While under S. 9, the Challenge Grants would be funded in accordance with current law, therefore guaranteeing that funds would not come to the Challenge Grants at the expense of cuts to the youth formula, the House bill would fund the Challenge Grant Program by a 25 percent cut to the youth formula.

WIA also covers adult basic education programs and the vocational rehabilitation programs. Among the changes being proposed in Rehabilitation Act, which is part of WIA is adding a definition of students with disabilities and transition services that would be available to students with disabilities when funding reaches a certain level. The House bill adds requirements that the plans prepared by states address assessment of the transition services provided through the VR system and how those services are coordinated with those under the Individuals with Disabilities Education Act (IDEA). Also to be included in the state plan is the strategies the state will use to address the needs identified in the assessment of transitions services. The Senate bill requires the Individual Plan for Employment (IPE) for students with disabilities must describe student's projected post-school employment outcome; and include the specific transition services (including, as appropriate, work experience and mentoring activities) needed to achieve the student's employment outcome or projected employment outcome

The House bill would change the appointment of the Commissioner of the Rehabilitation Services Administration (RSA), who is now appointed by the President, to a Director appointed by the Secretary of Education.

Legislation can be found at http://thomas.loc.gov/. NCWD/Youth will follow reauthorization of WIA and the other acts through this newsletter and on our website, which includes our summaries of legislation that provide services to youth with disabilities.

Projects With Industry; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2005

The Projects with Industry program creates and expands job and career opportunities for individuals with disabilities in the competitive labor market by engaging the talent and leadership of private industry as partners in the rehabilitation process. The Office of Special Education and Rehabilitative Services in the U.S. Department of Education has announced a new round of applications in the Federal Register.

Employers, nonprofit agencies or organizations, designated State units, labor unions, community rehabilitation program providers, trade associations, Indian tribes, tribal organizations, and other agencies or organizations with the capacity to create and expand job and career opportunities for individuals with disabilities are eligible to apply.

Read the full announcement including application and submission information.

Call for 2005 New Freedom Initiative Award Nominations

Non-profits, small businesses, corporations and individuals that have demonstrated exemplary and innovative efforts in advancing the employment and workplace environment of people with disabilities are eligible for the 2005 Secretary of Labor's New Freedom Initiative Award.

The Award recognizes public-private partnerships and programs that have had a positive impact on the employment of people with disabilities through access to assistive technologies, the use of innovative training, and hiring and retention techniques. It also recognizes organizations, businesses or individuals who develop comprehensive strategies to enhance the ability of Americans with disabilities to enter and advance within the workforce of the 21st Century.

Additional information on the award and specific nomination criteria are available at http://www.dol.gov/odep/regs/fedreg/notices/2005002498.htm or in the February 10, 2005 Federal Register. The information is also available by calling the Office of Disability Employment Policy (ODEP), Education and Outreach Section, at (202) 693-7880. The deadline for receipt of nominations is May 27, 2005.