1 Ensuring Equal Opportunity in the Application Process: No Applicant Left Behind Job Corps Leadership Equal Opportunity Workshop September 28, 2004 Atlanta, Georgia

2 Overview  PRH 1 application process  Denials  Scenarios/lessons learned  How leadership can ensure equal opportunity for all applicants

3 PRH 1—Outreach  Outreach plan should include a description of materials to be distributed, including center-specific information and materials readily understandable by individuals with disabilities (large print, video, audiotape)  Linkages should include vocational rehabilitation agencies and other disability organizations  Recruitment materials should be provided to disability organizations

4 PRH 1—Enrollment Process  Admission counselor (AC) provides applicant with accurate information about Job Corps including EEO information, privacy/disclosure, civil rights/non- discrimination and the right to request accommodation

5 PRH 1—Eligibility  AC makes determination of eligibility based on following criteria: –Age (upper age limit waived if disability) –Selective service registration –Citizen or proof of authorized resident status –Low income –Be an individual who is: School dropout Requires additional training in education/vocation Basic skills deficient Homeless, runaway or foster child Parent –Health disclosure authorization

6 PRH 1—Eligibility  During eligibility determination, ACs shall explain to the applicant reasons they may want to self-disclose disability: –Determine if an applicant may be considered a family of one –Determine if the upper-age limit can be waived  Applicant response –Yes/no –Confidential –Not used to determine eligibility

7 PRH 1—Additional Factors for Selection  Only collected for applicants who have met eligibility criteria  Not part of eligibility  AC makes a recommendation for enrollment based on additional factors for selection

8 PRH 1—Additional Factors for Selection  AC gathers information about additional factors for selection (e.g., background, needs, and interest) –Signed consent (minors) –Child care arrangements –Background check –ACAT Education and training needs met through program Participate successfully in group situations and activities Not engage in behaviors that would prevent others from benefiting from program or effect relationship between center and community

9 PRH 1—Center Assignment and Health Information  Applicant assigned to center with a conditional offer of participation  Collect health information (6-53 form and documentation from providers)  Collect reasonable accommodation information for applicants with disabilities* ( 6-53 item 10 and reasonable accommodation form) * Health and reasonable accommodation information shall have no bearing on a student ’ s eligibility or center assignment

10 PRH 1—Assignment  AC forwards applicant file, the request for accommodation form, and supporting documentation to the center  Files of all applicants who meet eligibility requirements go to center for review regardless of AC recommendation on ACAT, ACs can only deny for eligibility

11 Center Review Process Overview  The process should be the same for all applicants –Cannot take longer to process or delay action on file of applicant with health/disability issues –Behavior and suitability reviews should be complete before disability is considered, if you would not accept an applicant because of behavior/suitability issues, do not need to consider accepting because he/she has a disability

12 Center Review Process  Records department receives file, logs date, and center review process begins  Centers use PRH 1 Appendix 103 Guidelines for Reviewing Applicant Files and regional/center policies to determine whether to accept or reject application –Engaging in interactive process if information from applicant indicates may be person with a disability –Denying admission for safety reasons (direct threat)  All of files with health/disability issues should be reviewed by health and wellness manager (HWM) and/or disability coordinator before student is given arrival date

13 Center Review Process  If accommodation process in required, interactive process should take place and accommodation should be in place before applicant is scheduled for arrival  Center determines whether to accept or reject file –If center accepts, applicant is given arrival date –If center rejects, center should prepare file for regional application review/final determination and notify AC

14 Preparing Denials for Regional Review What does the region need?  Request for denial–A clear explanation of why applicant is being denied. If applicant has a disability and is being denied for safety concerns, clearly document why the applicant is a “direct threat” to self and/or others and provide documentation of IDT meeting that involved applicant.  Health record and supporting documentation–If the recommendation to deny is based on medical/mental health/disability records, those records should be current

15 Preparing Denials for Regional Review  Log/timeline document –Tracks events, concerns, assessments, and outcomes –Document all conversations with others including family/applicant –Use dates and document everything  Behavior/suitability review documents  If the student has a disability, documents related to interdisciplinary team meeting that involved the applicant  Contact person for the applicant/family member who receives or provides information

16 Regional Application Review  Each region should have written application review process  Review all documentation/records  Make further inquiries or assessments, if necessary  Use a log to keep track of all actions related to review of file (e.g., document all conversations with center staff, and applicant/family)  Consult with National Nurse Consultant if health/disability concerns  Maintain record of denials

17 Denial Letters The denial letter should include:  Reason for denial (reference documentation, description of process, and if appropriate, outside resources consulted  Referral  Name and address of Regional Director or designee for filing written appeal

18 Denial Letters  Instructions for what the applicant/student should do if he/she feels discriminated against (language below) If you think you have been subjected to discrimination under a WIA Title I financially assisted program or activity, you may file a complaint within 180 days from the date of the alleged violation with: The Director Civil Rights Center U.S. Department of Labor 200 Constitution Avenue NW Room N-4123

19 Reasonable Accommodation Denials  Keep in mind denial of applicant to program and denial of reasonable accommodation are separate processes  Cannot deny application solely on basis of need to provide accommodation  If denying requested accommodation, must offer alternate accommodation or offer option of participating in program without accommodation (all center denials of accommodation are automatically reviewed by regions)

20 Reasonable Accommodation Denials  For reasonable accommodation requests, process is important –Did the center use an interactive process in which applicant was involved? Was process well documented? –Did the center consider specific accommodations? Did the center offer alternate accommodations that would allow applicant to participate in program? –Where outside resources consulted? –What data was used to make denial? How current was it? –Did the center consider the applicant’s level of functioning? –If the request was denied, was the denial based on fundamental alteration or undue hardship?

21 Case Study I  Martin applied to Job Corps in January. He had a legal problem that was resolved by the end of the month. The application process continued and a reasonable accommodation form was completed. Martin has a hearing impairment and requested a sign language interpreter.  Break into small groups, review the case in your packet and be prepared to discuss issues/concerns

22 Case Study II  John, age 17, presented with an IEP and documentation regarding former accommodations provided in the school system in his home state. John is requesting entry into Job Corps with accommodations (more instructional time and material read to him).  Discussion topics –Center process –Denying application based solely on need for reasonable accommodation –Start date –Assigning folder to 2 nd center/Recruiting outside of GAP

23 What Can Leadership Do? Center  Support the disability coordinator and EO officer in developing a center-wide culture of inclusion  Develop center SOP for file review process  Require center log to monitor file processing time/activities (e.g., date file is logged on center and location of file on center)  Have HWM or designee review all applicant files, if possible  Require appropriate staff to contact all students with health/disability issues before arrival  When possible, require that accommodations be in place before student arrives on center

24 What Can Leadership Do? Region  Develop regional tracking/audit system to monitor center file processing time  Develop regional SOP for file review process or review/approve center SOPs  Monitor centers/contractors for compliance and implementation of EO-related activities (e.g., center disability program, OA practices)  Develop regional procedure for removal of application from OASIS

25 What Can Leadership Do? OA  Require center and OA logs to monitor file processing time/activities (e.g., date process begins/entry into OASIS, date file is sent to center, date file is logged on center, number of days file takes to process on center, location of file on center)  Ensure all applicants receive and understand EO information, including reasonable accommodation request form  Other suggestions?