1. Public Forum Extended Employment Funding Changes Minnesota Department of Employment and Economic Development

2. What is the Extended Employment (EE) program? The Extended Employment program pays Community Rehabilitation Providers (CRPs) to provide long term employment supports to workers with significant disabilities to maintain or advance in employment.

3. Extended Employment Outcome based – it pays for each hour of real work at a flat rate for each type of employment – Supported Employment = competitive employment – Community Employment = work crews, enclaves – Center Based Employment = CRP’s workshop

4. EE is not disability specific Extended Employment by Disability SFY2015 Disability All EE Workers Number All EE Workers Percentage Supported Employment Number Supported Employment Percent Workshop Workshop Percent Significant Mental Illness 1,753 37%1,06242%64131% Cognitive Disabilities2,28549%1,09243%1,15455% Other66714%38715%29614% Total4,699 100% 2,541 100% 2,090 100%

5. Extended Employment - Day Training and Habilitation Extended Employment Funded by the State of MN Administered by Department of Employment and Economic Development (DEED) Disability Criteria: Any disability that meets EE criteria is eligible Covered Services: long-term support once an individual is working Day Training & Habilitation (DT&H) Funded by Federal and State dollars Administered by Department of Human Services (DHS) Disability Criteria: Developmental Disability or related condition to be eligible Covered services: include many services, work related skills training is one

6. Why Change the Rules Now? The current EE rule (1998) needs to be updated to reflect changes in law and best-practice: 2015 Changes to MN Vocational Rehabilitation Act (Chapter 268A). Minnesota’s Olmstead Plan requires a cap on non- competitive employment. The federal Workforce Innovation and Opportunity Act (WIOA) changes the rules for persons in non- competitive employment. The US Department of Justice is enforcing the changes to “most integrated setting” found in the ADA.

7. 2015 Changes in State Law The 2016 session of the legislature made changes to Minnesota Statute Chapter 268A which: Created two funds: supported employment and non-competitive. Broadened eligibility to be a community rehabilitation provider.

8. Key Changes Proposed for the Rule Supported employment “Minnesota Employment First” principles Informed Choice process Eliminating funding for Center Based Employment over five years

9. 2016 Center Based Program 15 of 28 CRPs receive Center Based funds. – $2 of $12 million E.E. funding for CBE. 91% of CBE funds used outside the seven county metropolitan area. Most CBE workers are paid sub minimum wages.

10. Why Eliminate Center Based Funding? Recent federal and state policies actively demand movement to integrated settings: – Minnesota Olmstead Plan, Workforce Investment and Opportunity Act (WIOA), Justice Department enforcement of ADA. Continuing decrease in the number of CBE workers: – 2,090 CBE workers reported in SFY2015 is 48% of the number in SFY1999, and 23% less than five years ago. Lower worker earnings: – Average center based wage last year was $4.35 an hour.

11. Proposal to Eliminate Center Based Funding Starts reducing CBE funding in the first year after the rule is adopted and in place. Reductions take place over five years with gradual reduction in the first two years. Funds will be moved to the supported employment fund and the non-competitive fund. Voluntary shifts of center based dollars are allowed.

12. How CRPs can be affected by the CBE Funding Reduction If the CBE provider grows its supported employment and community employment programs they will keep the same overall funding. However, the EE program remains outcome based, and if the provider’s outcomes (hours of work) do not result in the provider earning its contract unearned dollars will move to other providers of supported employment.

13. Does the CBE Reduction Eliminate Workshop Employment? CRPs are free to continue workshops with other sources of funding. Service providers such as Day, Training and Habilitation programs, or programs with Ability One contracts may make workshop based employment available.

14. How Does More Emphasis on Supported Employment Help People Served? Supported employment means people work real jobs with ongoing support. Higher wages: averaged $10.59/hour last year. Workers are integrated into the mainstream workforce of their community. Provide Minnesotans with Disability Rights.

15. Changes to Supported Employment Funding Unused funds (capacity) will be available to CRPs based on the ability to use funds. Some unused funds may be used to expand supported employment to new areas or under-served populations. Some unused funds may be used to increase the rate paid for supported employment.

16. How will Supported Employment Grow? Successful supported employment providers will receive more funds. Rate increases will help keep funding stable. Flexibility in targeting areas of need (new or expanded programs).

17. How does the Rule Change affect Non-Competitive Employment? Work in the community where the CRP is the employer is “community employment.” Crews and enclaves are permitted. No new funding or rate increases.

18. What is “Minnesota Employment First?” Minnesota Employment First Policy says that Minnesotans with disabilities: Can work. Want to work. Can work competitively in the community with appropriate supports.

19. Why is Minnesota Employment First used in the rule? Employment First policy is adopted in the Minnesota Olmstead Plan. The Departments of Education, Human Service and Employment and Economic Development have adopted Employment First as their guiding principle.

20. How does Employment First define Competitive Employment? Competitive employment is: Full-time, part-time, or self-employment. In the mainstream work force. Paid by an employer that is not a CRP. With wages that are at least minimum wage but not less than the customary wage and level of benefits paid to nondisabled co- workers.

21. What Important Change is made in the Rule to meet Employment First Policy? Work paid by a CRP is non-competitive employment because: The CRP is not “in the mainstream competitive labor market” but a sub-market created exclusively for people with disabilities who could not achieve employment in the mainstream labor market. The Worker does not “own the job” as the work is under the control of the CRP.

22. What Important Change is made in the Rule to meet Employment First Policy? Work paid by a CRP is non-competitive employment to avoid: – Conflict of interest in roles if CRP were permitted to be both employer and service provider; and – Creation of another form of workshop-based employment that continues to segregate people with disabilities.

23. This Strengthens Informed Choice The federal Workforce Investment and Opportunity Act (WIOA) requires it for anyone working or wishing to work in a sub-minimum wage job. It is an integral piece of the Minnesota Employment First policy.

24. What is Informed Choice? Voluntary decision. By a prospective or current EE worker in non-competitive employment. Made after a reasonable and objective assessment process. About whether the person is opposed to working in an integrated setting in the mainstream competitive labor market.

25. Informed Choice Assessment: What is to be learned? Interests, skills, abilities and needs (from employment) of the person served. Supports needed for the person to be successful in competitive employment. Benefits of competitive employment w/ supports. Visits and work experiences within mainstream businesses in the local community.

26. Informed Choice Assessment: What is to be learned? Opportunities for workers and their families to meet with other people with disabilities (and their families) who are working and receiving services in the community The person’s or family’s concerns or objections Potential solutions for concerns or objections.

27. Results of Informed Choice Assessment 1.The worker is opposed to working in competitive employment and is served in the CRP’s non-competitive employment services, or 2.The worker is interested in competitive employment, and the process of obtaining a competitive job in the mainstream competitive labor market is started.

28. Rule Requirements for Informed Choice Persons working in non-competitive jobs must have an informed choice assessment annually. Persons referred to a CRP for non-competitive employment must have an informed choice assessment before starting a non-competitive job. The assessment must be conducted by an independent entity, not a CRP.

29. Person-Centered Planning Designed to empower people, support their inclusion, and to directly challenge systems that devalue them. Based on the values of human rights, interdependence, choice and social inclusion, and can be designed to enable people to direct their own services and supports, in a personal way.

30. Person-Centered Planning Focuses on discovering the person’s gifts, skills and capacities, and on listening for what is really important to the person, now and into their future… with the implied promise to act on what is learned. Uses a number of techniques, with the central premise that any methods used must reflect the individual's personal communication mechanisms and assist them to outline their needs, wishes and goals.

31. How do I Follow the Changes to Extended Employment? The rule has many steps to go through to become final over a number of months. You will have other opportunities in the future to comment on what is proposed for changes. This PowerPoint and other documents can be found at: http://mn.gov/deed/job- seekers/disabilities/extend-employment/rule- change/http://mn.gov/deed/job- seekers/disabilities/extend-employment/rule- change/