CAPABILITY Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3070 To amend the Rehabilitation Act of 1973 to establish a demonstration pro- gram to assist transition-aged youth with covered disabilities in obtaining customized, competitive integrated employment. IN THE HOUSE OF REPRESENTATIVES JUNE 3, 2019 Mr. MOULTON (for himself and Mrs. RODGERS of Washington) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Rehabilitation Act of 1973 to establish a demonstration program to assist transition-aged youth with covered disabilities in obtaining customized, com- petitive integrated employment. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Customized Ap- 4 proaches to Providing And Building Independent Lives of 5 Inclusion for Transition-aged Youth Act of 2019’’ or the 6 ‘‘CAPABILITY Act of 2019’’. 7 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 2 •HR 3070 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Good transition services are critical to the 3 success of youth with disabilities transitioning from 4 school to employment. 5 (2) Federal law, including the Individuals with 6 Disabilities Education Act and the Workforce Inno- 7 vation and Opportunity Act, require that schools and 8 adult disability systems (including the State voca- 9 tional rehabilitation agency (or agencies), the State 10 developmental disabilities agency, the State mental 11 health agency, and the State Medicaid agency) col- 12 laborate to ensure the successful transition of stu- 13 dents from school to competitive integrated employ- 14 ment. 15 (3) The Workforce Innovation and Opportunity 16 Act requires States to provide preemployment transi- 17 tion services to students with disabilities, with the 18 goal of assisting with the transition to competitive 19 integrated employment. 20 (4) Despite the goals of Federal laws, schools 21 and State systems continue to have challenges 22 transitioning students with intellectual, develop- 23 mental, mental health, and other significant disabil- 24 ities and such students continue to achieve the goal 25 of competitive integrated employment at far lower 26 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 3 •HR 3070 IH rates than their non-disabled peers and even peers 1 with other disabilities. Only 24 percent of transition- 2 aged youth with disabilities are employed and only 3 21 percent of youth with intellectual or develop- 4 mental disabilities are employed (according to Cor- 5 nell University). This leads to fewer adults with dis- 6 abilities working. The most current data indicate 7 that while 74 percent of working age adults with no 8 disability are working, only 35 percent of adults with 9 disabilities, and only 25 percent of adults with cog- 10 nitive disabilities, are working (according to the 11 American Community Survey). 12 (5) Schools and State systems should have 13 knowledge and expertise in the range of evidence- 14 based strategies that are particularly effective for 15 employment of students with disabilities, including 16 customized employment, the Individual Plan and 17 Support model, and supported employment. 18 SEC. 3. DEMONSTRATION GRANT PROGRAM FOR INDIVID- 19 UALS WITH CERTAIN DISABILITIES. 20 Section 303 of the Rehabilitation Act of 1973 (29 21 U.S.C. 773) is amended— 22 (1) by redesignating subsections (c) through (e) 23 as subsections (d) through (f), respectively; 24 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 4 •HR 3070 IH (2) by inserting after subsection (b) the fol- 1 lowing: 2 ‘‘(c) DEMONSTRATION GRANT PROGRAM FOR INDI- 3 VIDUALS WITH CERTAIN DISABILITIES.— 4 ‘‘(1) GRANTS AUTHORIZED.—For each of fiscal 5 years 2020 through 2023, the Secretary shall carry 6 out a program under which the Secretary makes 7 grants to States, on a competitive basis, to assist 8 such States in carrying out activities designed to 9 help transition-aged youth with covered disabilities 10 obtain customized, competitive integrated employ- 11 ment. 12 ‘‘(2) MAXIMUM NUMBER OF GRANTS.—Not 13 more than 3 States may receive grants for fiscal 14 year 2020 and not more than 3 States may receive 15 grants for fiscal year 2021. A State may not receive 16 a grant in both fiscal year 2020 and 2021. 17 ‘‘(3) DURATION.—Each grant under this sec- 18 tion shall be made for a period of four years. 19 ‘‘(4) APPLICATION.—To be eligible to receive a 20 grant under this subsection a State shall submit an 21 application to the Secretary, at such time, in such 22 manner, and containing such information as the Sec- 23 retary may require. Each application shall include, 24 at minimum, the following: 25 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 5 •HR 3070 IH ‘‘(A) Identification of not fewer than three 1 locations in the State at which services sup- 2 ported by the grant will be coordinated, admin- 3 istered, and made available to the community. 4 ‘‘(B) Evidence demonstrating the State’s 5 commitment to carrying out the activities fund- 6 ed with a grant under this subsection, which 7 shall include a description of the extent to 8 which State officials and State agencies will be 9 involved in carrying out the activities, includ- 10 ing— 11 ‘‘(i) the Governor; 12 ‘‘(ii) the State legislature; and 13 ‘‘(iii) other State agencies, including 14 the State’s vocational rehabilitation agen- 15 cy, Medicaid agency, department of edu- 16 cation, department of workforce develop- 17 ment, mental health agency, developmental 18 disability agency, and any other State 19 agencies specifically concerned with pro- 20 viding services to individuals with covered 21 disabilities. 22 ‘‘(C) A description of how the State, in 23 carrying out the activities funded with the 24 grant, will consult and collaborate with transi- 25 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 6 •HR 3070 IH tion-aged youth with covered disabilities and 1 their families, local educational agencies serving 2 such transition-aged youth, Developmental Dis- 3 ability Councils, University Centers for Excel- 4 lence in Developmental Disabilities Education, 5 Research, and Service, and other organizations 6 with expertise in advocating for or providing 7 employment services to transition age youth. 8 ‘‘(D) A description of how the State will 9 evaluate the effectiveness of the activities fund- 10 ed with the grant. 11 ‘‘(5) PRIORITY.—In awarding grants under this 12 subsection, the Secretary shall prioritize the award 13 of grants to States that will— 14 ‘‘(A) ensure that the employment obtained 15 by individuals assisted with grant funds com- 16 plies with the requirements applicable to cus- 17 tomized integrated employment, including wage, 18 benefit, and location requirements; 19 ‘‘(B) seek technical assistance from appro- 20 priate public and private sources on an ongoing 21 basis throughout the grant period; 22 ‘‘(C) use evidence-based models and stand- 23 ardized practices of customized employment 24 services consistent with the Essential Elements 25 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 7 •HR 3070 IH of Customized Employment for Universal Appli- 1 cation as published by the Workforce Innova- 2 tion Technical Assistance Center in June 2017, 3 including the development of an employment or 4 a career plan for each transition-aged youth 5 with a covered disability; 6 ‘‘(D) use a coordinated approach of best 7 practices in customized employment and sup- 8 ported employment services to ensure flexible 9 person-centered services for such youth, includ- 10 ing the availability of paid internships and op- 11 portunities for enhanced discovery activities; 12 ‘‘(E) establish partnerships with employers 13 to advocate for, with respect to such youth, cus- 14 tomized, competitive, and integrated job oppor- 15 tunities, workplace inclusion, paid internships, 16 and employment supports; 17 ‘‘(F) provide access to additional resources 18 needed to facilitate successful employment out- 19 comes through coordination with the employers 20 described in subparagraph (E); 21 ‘‘(G) identify ideal paid internship and job 22 matches for employers and such youth; 23 ‘‘(H) provide peer and family mentoring 24 focused on employment-related information and 25 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 8 •HR 3070 IH resources, including benefits planning and asset 1 development information; 2 ‘‘(I) provide training, performance-based 3 certification, and technical assistance support 4 for all staff who will be engaged in the provi- 5 sion of the customized employment and sup- 6 ported employment services; 7 ‘‘(J) provide training and information to 8 vocational rehabilitation counselors, school tran- 9 sition personnel, and other persons supporting 10 such youth; 11 ‘‘(K) collect information with respect to all 12 employment services, internships, and job out- 13 comes pursuant to the grant; and 14 ‘‘(L) ensure transparency of information 15 and informed choices for such youth and em- 16 ployers. 17 ‘‘(6) USE OF FUNDS.— 18 ‘‘(A) IN GENERAL.—A State that receives 19 a grant under this subsection shall use the 20 grant to assist transition-aged youth with cov- 21 ered disabilities in obtaining customized, com- 22 petitive integrated employment by— 23 ‘‘(i) providing customized employment 24 services to such youth; 25 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 9 •HR 3070 IH ‘‘(ii) carrying out preemployment 1 transition services for such youth as de- 2 scribed in paragraphs (1) through (7) and 3 (9) of section 113(c); 4 ‘‘(iii) implementing service models to 5 address the unique needs of individual 6 transition-aged youth, such as customized 7 employment, individual plans and support 8 models, and supported employment; and 9 ‘‘(iv) carrying out such other activities 10 as may be necessary to ensure that such 11 youth are able to obtain customized, com- 12 petitive integrated employment. 13 ‘‘(B) MILESTONES FOR IMPLEMENTA- 14 TION.—Each State that receives a grant under 15 this subsection shall achieve the following mile- 16 stones during the grant period: 17 ‘‘(i) FIRST YEAR.—In the first year of 18 the grant period, the State shall carry out 19 such planning activities as are necessary to 20 implement the program funded with the 21 grant. 22 ‘‘(ii) SECOND YEAR.—In the second 23 year of the grant period, the State shall 24 begin carrying out the program funded 25 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 10 •HR 3070 IH with the grant and shall collect data on the 1 performance of the program. 2 ‘‘(iii) THIRD YEAR.—In the third year 3 of the grant period, the State shall begin 4 to identify lessons learned and methods to 5 ensure the sustainability of the program. 6 ‘‘(iv) FOURTH YEAR.—In the fourth 7 year of the grant period, the State shall 8 demonstrate to the Secretary that the pro- 9 gram funded with the grant has been fully 10 implemented and is sustainable. 11 ‘‘(7) REPORT.— 12 ‘‘(A) IN GENERAL.—Not later than four 13 years after the date on which the last grant is 14 made under this subsection, the Secretary shall 15 submit to Congress a report on the activities 16 carried out with grants under this subsection. 17 ‘‘(B) ELEMENTS.—The report under sub- 18 paragraph (A) shall include, with respect to 19 each State that received a grant under this sub- 20 section, the following: 21 ‘‘(i) a description of how the State 22 used the grant funds; 23 ‘‘(ii) the number of individuals who 24 obtained customized, competitive inte- 25 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 11 •HR 3070 IH grated employment as a result of partici- 1 pating in activities funded with the grant; 2 ‘‘(iii) with respect to the employment 3 obtained by such individuals— 4 ‘‘(I) the average wage earned; 5 ‘‘(II) any changes in the average 6 wage earned over time; 7 ‘‘(III) the average number of 8 hours worked per week; 9 ‘‘(IV) the benefits, if any, typi- 10 cally provided by the employer; and 11 ‘‘(V) the average duration of the 12 employment; and 13 ‘‘(iv) such other information as the 14 Secretary considers appropriate. 15 ‘‘(8) STATE INFORMATION COLLECTION.—A 16 State that receives a grant under this subsection 17 shall— 18 ‘‘(A) collect and compile the information 19 described in clauses (i) through (iii) of subpara- 20 graph (B); and 21 ‘‘(B) submit the information to the Sec- 22 retary at such time and in such manner as the 23 Secretary may require. 24 ‘‘(9) DEFINITIONS.—In this subsection: 25 VerDate Sep 11 2014 00:32 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3070.IH H3070 kjohnson on DSK79L0C42 with BILLS 12 •HR 3070 IH ‘‘(A) COVERED DISABILITY.—The term 1 ‘covered disability’ means an intellectual, devel- 2 opmental, mental health, physical, or other sig- 3 nificant disability that presents barriers to an 4 individual transitioning to employment or post- 5 secondary education. 6 ‘‘(B) CUSTOMIZED, COMPETITIVE INTE- 7 GRATED EMPLOYMENT.—The term ‘customized, 8 competitive integrated employment’ means com- 9 petitive integrated employment that is cus- 10 tomized to the unique skills and abilities of a 11 youth with a covered disability. 12 ‘‘(C) TRANSITION-AGED YOUTH.—The 13 term ‘transition-aged youth’ means a person 14 considered to be a transition-aged youth under 15 the laws of the State concerned. 16 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 17 There are authorized to be appropriated to carry out 18 this subsection such sums as may be necessary for 19 each of fiscal years 2020 through 2023.’’; and 20 (3) in subsection (f), as redesignated by para- 21 graph (1), by striking ‘‘this section’’ and inserting 22 ‘‘this section (other than subsection (c))’’. 23 Æ Ve [Text truncated for display. Full text available on Congress.gov.]