Employment First in Colorado: Lessons & Future Plans - Indiana's Work to Include: Employment First Summit

Employment First in Colorado:
           Lessons & Future Plans
Indiana’s Work to Include: Employment First Summit
                              May 25, 2021
Bob Lawhead, CESP, Policy Advisor, Colorado Developmental Disabilities Council
                        robert.lawhead@state.co.us

Why Now in Colorado?
• In 2015 critical mass came about after COAPSE
  and the DD Council had worked to expand
  supported employment access for years.
• Even service providers with “legacy models”
  seemed ready to embrace Employment First.
• Colorado had a history of supported
  employment success in the 90s, spearheaded
  by now-gone state government leaders.
  Legislation seemed a more stable solution.

Jess’ personal answer to “Why now?”
 Money for music/video downloads.

Jess’ other answer to “Why now?”
      Pride in a job well done.

Jess’ final answer:
A free slice after every shift!

Philosophical underpinnings
     (within the SB16-077 legislative declaration)
• The value of work for all of us.
• Structural barriers resulting in 85% under and
  unemployed.
• Basic proposal: state policy promoting best-practice
  employment supports and outcomes for all people
  with disabilities.
• Olmstead compliance and guidance within the
  recently passed (at the time of the bill) WIOA and the
  CMS Final Settings Rule.
• And don’t forget: “Free market principles can guide
  employers to use innovative methods…”
  (amendment to broaden the bill’s base of support).

Work matters to all of us
• “The social determinants of health influence our
  overall health…
• …These include where we live, the education we
  receive, the work we do, the wages we earn and the
  opportunity to make decisions that affect our own
  and our family’s health” (The Colorado Trust, 2019).
• Employment = a primary source for building social
  connections.
• Our level of social connectedness correlates to
  happiness, long life and mental health.

The right to integrated employment:
Established by the ADA & Olmstead Ruling
• People utilizing services through state and
  local government have the right to be
  employed in:
  “the most integrated setting”
• This is the law of the land.
• Most states are presently in
  violation for state-funded
  employment services.

Clarence Miller, Colorado’s self-advocate
              extraordinaire

“I’m sick and tired of people trying to put me in sheltered
workshops. Olmstead says people with disabilities have a right
to work in the community. This is ridiculous!” (Clarence died in
2014 after many years of employment advocacy at the state
capitol and around the nation).

Chester Finn, former SABE President, on
              Employment

“Other groups fighting for their civil rights would not stand
for separate places. Neither should we!” (Finn, 2010).

Primary legislative points
• Form an advisory partnership (EFAP) and develop a
  strategic plan with recommendations for change
  submitted to the legislature and state agencies:
• “CIE is the primary objective and preferred option…”
• ID barriers to Competitive Integrated Employment.
• ID “unnecessary, inefficient or conflicting rules and
  regulations” that make it hard for employers to hire.
• ID training and knowledge gaps of all stakeholders.
• ID data gaps that prohibit Olmstead compliance.
• Assure that pre-vocational services are time-limited.
• Make other EF-related recommendations…

Setting the stage…
• Local bill sponsors had witnessed the success of
  Project SEARCH and the observed the strong support
  of business. Another bill sponsor witnessed our
  success in the 90s.
• The local Arc, the Arc of CO, COAPSE & the DD
  Council representatives built initial bill language
  based on perceived barriers (spotty data, ESP
  incompetence, antiquated practices, forever pre-voc
  policy).
• Later, essential collaborators including self-
  advocates, families, cross disability, CILs, state
  agencies, service providers built community support.

SB 16-077 Statutory Requirements
• Defined Employment First: “…premise that all
  persons, including persons with significant
  disabilities are capable of full participation in
  CIE and community life,” and “…employment in
  the general workforce is the first and preferred
  outcome for all working age persons with
  disabilities, regardless of the level of disability.”
• Established the Employment First Advisory
  Partnership (EFAP) until 2021.
• Designated the State Rehabilitation Council
  (SRC) as the lead agency to coordinate EFAP
  (for fiscal note minimization and to assure an
  advocacy perspective).

SB 16-077 Stakeholder Requirements
for the Employment First Advisory Partnership
• Members from the Colorado Departments including:
  Education, the state Medicaid agency, Higher
  Education, Behavioral health & VR agency.
• Must include members representing:
  - national association on EF,
  - advocates for people with intellectual disabilities,
  - people with disabilities seeking, or in CIE,
  - families of people with disabilities,
  - community members w no service agency affiliation
• Also: persons with disabilities, advocates, service
  providers, employers.

EFAP Mission
• Identify the barriers to Competitive Integrated
  Employment for people with disabilities in
  Colorado.
• Create a strategic plan to increase competitive
  integrated employment opportunities for
  people with disabilities especially people with
  significant disabilities.
• Critical piece for systems change: Continue to
  meet to “…consider revisions to the plan and
  provide advice and expertise relating to
  subsequent implementation of the plan.”

“Whose House? Our House!”
(…with the understanding that it is your house to meet with and educate
your elected leaders on how our laws and governmental practices can be
   changed to positively impact the lives of people with disabilities)

The next legislative chapter…
• Colorado’s SB16-077 led to SB18-145.
• “Implement EF Recommendations” SB18-145:
   - outcome data specificity,
   - job coach training or certification required
     for both VR and Medicaid vendors, and
   - Discovery assessment through VR.
• Included reimbursement to supported
  employment agencies for all training and
  certification expenses.

The story continues…
• Later in 2018 Colorado’s budget director
  contacted the CO DD Council culminating in the
  creation of a 2019 appropriation developed
  through the Council, COAPSE, VR and Colorado’s
  Medicaid agency.
• This funded various EFAP priorities: Office of EF,
  customized employment pilot, outcome-based
  rate incentive pilot & VR staff to the tune of $7.2
  million over three years, (matched through VR)!
• Pending 2021 follow up legislation: Sub-minimum
  Wage Elimination (SB21-039)

Colorado SB21-039 Eliminate
    Subminimum Wage Employment
• Outlaws new 14(c) jobs “…an economic justice issue”
• Service agencies plan to gradually reduce 14(c) use.
• 14(c) certificates eliminated after four years.
• EFAP service rate reform recommendation.
• New waiver services: benefits counseling, Medicaid
  Buy-In, job supervision (cost savings)
• Waiver-based employment-related funding
  restrictions removed (removes current service-
  rationing aspects of funding system).

Colorado SB21-095 Sunset EFAP
• Continues the Employment First Advisory
  Partnership and it’s systems change mission
  indefinitely.
• Adds a pilot program to create a hiring
  preference for people with disabilities seeking
  state government positions.
• Candidates must meet minimum
  qualifications, qualify by ADA definition of
  disability and submit proof of disability.

A work in progress, not a done deal…
• Colorado’s and the Nation’s Employment First
  initiative are directly linked to the civil rights
  movement for people with disabilities.
• The Americans with Disabilities Act (ADA) and
  Olmstead Ruling provide an important
  foundation for the disability rights and
  Employment First movements.
• Just as other civil rights movements have not
  obtained all of their goals, so it is for
  Employment First.

Lessons learned from recent system advocacy in CO
• Link efforts to social justice, nondiscrimination or
  basic citizen rights (depending on political climate).
• Reference the benefit of employment for all people.
• Exhibit cost-benefit of integration vs. segregation.
• Collaborate with service agencies, disability rights
  state departments, UCEDD, DD Council, parents, etc.
  EVERYONE after basic direction has been worked out.
• Seek core group with Employment First values.
• Primacy of advocates to continuously push change.
• Demonstrate best practice (& outcomes focus).
• Display what truly inclusive school and adult service
  systems can do: see Brown, et al. (2021) When
  Ordinary Becomes Extraordinary…

References
Argyle M. (1999). Causes and correlates of happiness. In: Kahneman D., Diener E.,
Schwarz N., (Eds) Well-Being: The Foundations of Hedonic Psychology. New York:
Russell Sage Foundation, pp. 3–25.
Brown, L. et al. (2021). When ordinary becomes extraordinary: A post-school follow up
study of the integrated vocational functioning of 50 workers with significant
intellectual disabilities, 1984-2020. Accessed 5.20.21 from:
https://content.iospress.com/download/journal-of-vocational-
rehabilitation/jvr211132?id=journal-of-vocational-rehabilitation%2Fjvr211132
Colorado Trust, The (2019). The Social Determinants of Health. Accessed 12.15.19
from: https://www.coloradotrust.org/social-determinants-health
Eliminate Subminimum Wage Employment (Colorado SB21-039) Accessed 5.20.21
from: https://leg.colorado.gov/bills/sb21-039
Employment First for Persons with Disabilities (Colorado SB16-077) Accessed 5.20.21
from: https://leg.colorado.gov/bills/sb16-077
Employment First Advisory Partnership (EFAP) Strategic Plan (11.01.17) Accessed
6.4.20 from:
https://drive.google.com/file/d/1oUrU3GrjROXsBMVqhumWTxo888Uv2EXD/view
Finn, C. (2010). Letter About Employment from Chester Finn, President of SABE.
Accessed 1.16.16 from: https://www.sabeusa.org/meet-sabe/policy-statements/a-
letter-from-chester-finn/
Implement Employment First Recommendations (Colorado SB18-145) Accessed
5.20.21 from: https://leg.colorado.gov/bills/sb18-145
Sunset Employment First Advisory Partnership (Colorado SB21-095) Accessed 5.20.21
from: https://leg.colorado.gov/bills/sb21-095

Questions, comments…