Pennsylvania Rehabilitation Council Annual Report
Fiscal Year 2009

PaRC Federal Position Papers

Pennsylvania Rehabilitation Council

On April 28, 2009, 3 members traveled to DC. They saw 9 legislators and dropped off our position papers to 9 more.

The mission of The Pennsylvania Rehabilitation Council (PaRC) is to inform and advise the state board of vocational rehabilitation and the Governor on the diverse issues affecting vocational rehabilitation in our state. The Rehabilitation Act plays an important and necessary role in:

• empowering individuals with disabilities to become independent
• helping people to integrate into the work place and community

The PaRC respectfully submits the following position papers for your review and consideration. Also, included are success stories of individuals, who have used public vocational rehabilitation services and how it has positively impacted their lives.

I. Reauthorization of the Rehabilitation Act (Title IV of the Workforce Investment Act)
Addendum - Success Stories from Current and Former Public Vocational Rehabilitation Customers

Reauthorization of the Rehabilitation Act (Title IV of the Workforce Investment Act)

The Rehabilitation Act as it exists provides states the freedom to administer programs which are responsive to the needs of its customers. It is essential that a dedicated funding stream from the federal government continue in Pennsylvania. In 2008 alone, the federal, state and local taxes paid by competitively employed customers of OVR throughout Pennsylvania averaged approximately $48,288,560. Unlike most benefits legislation, the goal of the Rehabilitation Act is to help individuals become taxpayers and not tax users.

The Rehabilitation Act must be strengthened to provide customers greater flexibility and control over the services and programs available to them.

In this Reauthorization period we urge you to support the following:

• Keep public VR a mandatory program with single source funding;
• Dramatically increase funding to help support states such as Pennsylvania who are handling an increased need for vocational rehabilitation services for the national guard troops returning from combat;
• Continue screening returning veterans for brain injury, provide immediate services and require all commercial health insurance to cover brain injury rehabilitation for everyone.
• Improve transition services for individuals with disabilities who are transitioning from school to higher education or from school to work;
• Increase funding for the aging baby boomer population who need to keep working or return to the workforce to remain financially independent;
• Promote career development and job advancement through the opportunity for post employment continuing education and training by expanding the definition of "post employment services" to include "training and other services necessary for career advancement and upward mobility". See 29 U.S.C. § 723(a)(18)
• Clarify when individuals must be advised of the right to request review of a decision made by vocational rehabilitation, and when they must be informed of the services available through the Client Assistance Program (section 722(c)(2)(A) and (B))
• Protect the due process rights of individuals who may want to request review of a vocational rehabilitation decision by requiring notification of state established timeframes in which a request for mediation or review must be filed (section 722(c)(3)(A))
• Require training of all impartial due process hearing officers and staff (section 722(c)(5)(B)). Currently, there is no uniform standard for the training of hearing officers set forth in the Rehabilitation Act. As a result, training varies from state to state, and even from hearing officer to hearing officer. For example, in Pennsylvania some hearing officers are attorneys, while others are not. Some may have life experience in dealing with the Rehabilitation Act, while others do not.
• Expand the role of the Client Assistance Program to allow for advocacy and assistance even after an individual has achieved their employment outcome, and to allow CAP to provide legal representation to individuals in any matter related to the provision of vocational rehabilitation services and/or efforts to gain, regain or maintain employment (section 732)

In addition, the Pennsylvania Rehabilitation Council urges your support of the following bills:

• S.88 - Title: A bill to amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part.
• H.R.307 - Title: To enhance and further research into paralysis and to improve rehabilitation and the quality of life for persons living with paralysis and other physical disabilities, and for other purposes.
• S.493 - Title: A bill to amend the Internal Revenue Code of 1986 to provide for the establishment of ABLE accounts for the care of family members with disabilities, and for other purposes.
• S.514 - Title: A bill to amend title 38, United States Code, to enhance vocational rehabilitation benefits for veterans, and for other purposes.
• H.R.734 /H.R.1105 - Title: To direct the Secretary of Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other pedestrians of motor vehicle operation.
• H.R.1408 - Title: To require all newly constructed federally assisted, single-family houses and town houses to meet minimum standards of visitability for persons with disabilities.
• H.R.1443/S.584 - Title: To ensure that all users of the transportation system, including pedestrians, bicyclists, transit users, children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on and across federally funded streets and highways.
• H.R.1670/S.683 - Title: To amend title XIX of the Social Security Act to provide individuals with disabilities and older Americans with equal access to community-based attendant services and supports, and for other purposes.