Addressing
Learning Disabilities
in the Workforce System
by Anson Green, Varshna Jackson,
and TWC Research & Evaluation Department
In 2003, Texas Workforce Commission (TWC) Workforce Development
Division staff began studying Local Workforce Development Board (Board)
efforts to address the needs of workforce customers who may have
learning disabilities (LD). Two areas were examined: 1) Board efforts
to train workforce center staff on LD, and 2) Board efforts to screen
consenting workforce center customers for LD and provide evaluation
services to identify the existence
of LD.
Background
Research shows that many TANF
(Temporary Assistance for Needy
Families) recipients have disabilities,
including cognitive-based disabilities such as LD. Recent studies
indicate that between one-fifth to one-third (or higher) of current
recipients have learning disabilities. These disabilities
impact reading, writing, listening, speaking, reasoning, or mathematical
abilities and may result in difficulties in self-control, perceiving
social situations appropriately, and getting along with other people.
Consequently, LD can directly affect an individual's ability
to work or progress
beyond low-wage employment.
LD received increased attention from State workforce development
and TANF agencies after the U.S. Department of Health & Human
Services, Office of Civil Rights (OCR), issued a complaint against
the Massachusetts Department of Transitional
Assistance Employment Services Program. That complaint alleged that
the agency discriminated against
clients with LD by failing to make
reasonable accommodations.
Among the items OCR listed as State
failings were:
No policies, procedures, or practices to determine whether beneficiaries
of TANF have LD (including screening
programs);
No established or routine mechanism for assessing whether TANF
benefi- ciaries have LD (diagnosis);
No specific programs designed to
meet the needs of persons with LD;
No partnering with basic and secondary education programs or others
to
attempt to meet the needs; and
No efforts at making modifications or adjustments to meet the
needs of persons with LD (especially those with
very low literacy skills).
OCR gave Massachusetts time to reach voluntary compliance, saying
that the State needed to:
Start an LD screening program;
Provide sufficient services and programs to ensure equal opportunity;
Assure that vendors and contractors comply with civil rights laws;
and
Eliminate methods of administration that have the effect of
subjecting ndividuals with LD to disability-based
discrimination including:
--training to staff,
--training to contractors and
vendors,
--technical assistance to employers,
and
--monitoring to ensure compliance.
TWC STRATEGY
In response to the OCR complaint, TWC released WD Letter 24-01: Prohibition
Against Discrimination based on Disability or Limited
English Proficiency in the Admini-stration of Workforce Services. The letter references the Massachusetts findings and reiterates Board
requirements to ensure that all individuals with learning, emotional
or behavioral disabilities, or with limited-
English Proficiency (LEP) have equal opportunity and access to all
federally-funded workforce services. The letter directs Boards to
review their written policies in these areas and take appropriate
affirmative steps to ensure that service providers and
appropriate staff are in compliance with all federal civil rights
laws and
regulations.
To assist boards in designing appropriate services for customers
who may have LD, the TWC Workforce Development Division provided
technical assistance and funding for training and assessment services
on LD. Since there are few established protocols for providing services
that address the needs of workforce
center customers who have LD,
Division staff were interested in
how Boards integrate screening,
diagnostic assessment, and follow-up procedures into service design.
Additionally, Division staff recognized that obtaining psychological
assessment reports and vocational recommendations from psychological
evaluators that are useful to job-seekers and workforce center staff
may be challenging and sought to provide guidance and technical
assistance in this area.
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