WIOA State Plan Common Elements

(8) Addressing the Accessibility of the AJC Delivery System for Individuals with Disabilities. Describe how the AJC delivery system (including AJC center operators and the AJC delivery system partners), will comply with section 188 of WIOA (if applicable) and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) with regard to the physical and programmatic accessibility of facilities, programs, services, technology, and materials for individuals with disabilities. This also must include a description of compliance through providing staff training and support for addressing the needs of individuals with disabilities. Describe the state’s AJC center certification policy, particularly the accessibility criteria.

WIOA System Accessibility for All Marylanders

Maryland’s WIOA oversight entities are committed to ensuring that individuals with disabilities have equal access to all WIOA covered programs and activities. The State of Maryland will ensure that subrecipients establish and implement appropriate procedures and processes under the Americans with Disabilities Act (ADA) and Rehabilitation Act -Title IV. The State of Maryland has taken necessary steps to identify compliance under Section 188 of WIOA, which contains provisions identical to those in Section 188 of Workforce Investment Act, as well as 29 CFR Part 38, which is similar to 29 CFR Part 37. Additionally, the state will ensure that all Local Areas comply with provisions that prohibit discrimination against individuals who apply to, participate in, work for, or come into contact with programs and activities that receive financial assistance from USDOL, United States Department of Education, and the U.S. Department of Health and Human Services. Section 188 of WIOA prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including LEP), age, disability, or political affiliation or belief, or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title I-financially assisted program or activity. Section 188 also requires that reasonable accommodations be provided to eligible individuals with disabilities. AJCs are expected to meet the needs of their customers by ensuring universal access to their programs and activities for all eligible individuals. Universal access includes performance of the following functions:

• Understanding local needs;
• Marketing and outreach;
• Involving community groups and schools;
• Affecting collaboration, including partnerships and linkages;
• Staff training;
• Intake, registration and orientation;
• Assessments and screening; and
• Service delivery.

Maryland’s AJCs are required to provide reasonable accommodation for individuals with disabilities to ensure equal access and opportunity. The term “reasonable accommodation” is defined as “modifications or adjustments to an application/registration process that enables a qualified applicant/registrant with a disability to be considered for the aid, benefits, services, training or employment that the qualified applicant/registrant desires;” or “modifications or adjustments that enable a qualified individual with a disability to perform the essential functions of a job, or receive aid, benefits, services, or training equal to that provided to qualified individuals without disabilities,” or “modifications or adjustments that enable a qualified individual with a disability to enjoy the same benefits and privileges of the aid.” AJC will make visible to participants that:

• Section 188 implements the nondiscrimination and equal opportunity provisions of WIOA, which are contained in Section 188 of the statute.
• Section 188 prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including LEP), age, disability, or political affiliation or belief, or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title I-financially assisted program or activity.
• Section 188 also requires that reasonable accommodations be provided to qualified individuals with disabilities in certain circumstances.

The state expects local providers to acknowledge in local plans and/or policies that they understand that, while Section 188 regulations ensure equal opportunity for individuals with disabilities, subrecipients may also be subject to the requirements of:

• Section 504 of the Rehabilitation Act, which prohibits discrimination against individuals with disabilities by recipients of federal financial assistance;
• Title I of the ADA, which prohibits discrimination in employment based on disability;
• Title II of the ADA, which prohibits state and local governments from discriminating on the basis of disability;
• Section 427 of the General Education Provisions Act; and
• Maryland Anti-Discrimination laws.

The MD Labor Office of Fair Practices (OFP) maintains a current listing of businesses and individuals who interpret, that provide for Braille, and other auxiliary aids and services. Alternate formats including large format copies are made available upon request. The OFP maintains regular contact with the Maryland Department of Disabilities for related guidance and technical assistance.

Included in the administrative directives that the OFP has developed and disseminated is a directive, entitled “Alternate Formats”, which documents the related policy and procedure and includes a resource list of contacts.

DWDAL maintains contact with organizations and agencies that provide services to and/or advocate on behalf of individuals with disabilities. Through these associations, MD Labor receives regular guidance and technical assistance on providing notice and services to individuals with disabilities.

The guidelines for the development and submission of each grant recipient’s Local WIOA Plan included the requirement that recipients describe the steps they would take to ensure that communications with individuals with disabilities, including individuals with visual or hearing impairments, are as effective as communications with others.

Additionally, to ensure staff are properly trained on topics related to EO, Maryland held its 3^rd WIOA Convening in the winter of 2017 to unpack the WIOA Section 188 Nondiscrimination and subsequent guidance, overviewing topics such as the State Nondiscrimination Plan and Language Access Plan, compliance deadlines, Benchmarks of Success, WIOA target populations and priority of service, and cultural competency. In-depth topics included language access training, Equal Opportunity Officer Training, disability accessibility, the discrimination complaint process, understanding immigration and eligibility documents, and more. In 2020, OFP will onboard a WIOA Equal Opportunity Specialist who will be dedicated to working towards enhanced accessibility throughout Maryland’s WIOA system.

Also, in late 2016, USDOL awarded the DWDAL nearly $2.5 million to implement the state’s Disability Employment Initiative (DEI). Maryland’s DEI has a grant period spanning October 1,

2016 through April 1, 2020. Employing the career pathways model, Maryland’s DEI will meet the USDOL’s goals and aims to equip individuals with disabilities with the skills, competencies, and credentials necessary to help them obtain in-demand jobs, increase earnings, and advance their careers. When designing Maryland’s DEI, the State had the following goals in mind: (1) increase the number of individuals with disabilities entering competitive integrated employment via services within AJCs; (2) improve accessibility of the AJCs involved; increase the competency level and number of skilled staff in the AJCs to serve individuals with significant disabilities; (3) develop career pathways systems and programs to equip individuals with disabilities with skills, competencies, and credentials necessary to help them be competitive in the workforce; and, (4) create a more robust workforce system to serve individuals with disabilities within the state of Maryland, by addressing the needs of businesses.

Maryland’s Disability Employment Initiative

Maryland’s DEI grant is administered locally in Anne Arundel and Montgomery counties by the Anne Arundel Workforce Development Corporation and WorkSource Montgomery. Anne Arundel Workforce Development Corporation selected the Glen Burnie AJC as its pilot site and WorkSource Montgomery has selected the Wheaton AJC as its pilot site. Through funding made possible by the grant, these centers will be fully accessible for individuals with disabilities.

To increase the workforce system’s capacity to effectively serve individuals with disabilities, Maryland’s DEI provides for an array of professional development opportunities. Throughout the DEI grant period, Local Area staff will receive professional development and technical assistance opportunities, including the Association of Community Rehabilitation Educators (ACRE) Competency-based Certificate Training, which places an emphasis on Customized Employment.

Customized Employment allows for an individualized approach to supporting jobseekers and employers in meeting their goals and typically involves four components: (1) discovery and assessment; (2) job search planning; (3) job development and negotiation; and (4) post-employment support. Depending on the needs of the jobseeker, accommodations or recognition of jobseeker limitations may take place at any point in the training process.

In addition, to ensure the DEI’s success in Maryland, MD Labor has: (1) hired a DEI program manager for the State; (2) established a statewide Cohesive Resource Committee; (3) encouraged Anne Arundel and Montgomery counties to establish local Cohesive Resource Committees; (4) made resources available locally to hire Disability Resource Coordinators in Anne Arundel and

Montgomery counties; and, (5) encouraged the pilot counties to support individuals through an Integrated Resource Team approach.

Monitoring of Sites

For WIOA programs under MD Labor’s oversight, in order to confirm compliance under Section 188, DWDAL state Regional Program Monitors conduct onsite reviews. Prior to the commencement of the visit, the Monitor confirms with the Program Manager or Director that notification of the visit was received, staff are aware, and requested information prior to the visit is unchanged. The Program Monitor observes the site’s triage system, confirms that appropriate federal signs are visible to participants, and examines the kiosk to confirm that appropriate WIOA, Veteran, ITA, and OJT information is available. A site walk-through determines whether:

• EO Law Posters are in plain sight, centrally located, in needed languages and provide state and local EO Officer contact information;
• WIOA, Veteran, ITA, and OJT Literature are present;
• EO tagline is inserted and correct;
• TTY/TDD or Relay Service number is provided where phone numbers are listed;
• Site is accessible, i.e. ADA compliant;
• Disability entrance signage is present;
• Entrance and parking lot are accessible; and
• There are both Accessible stations and Assistive Technology.

The Monitor performs a case file review analyzing documentation, intake processes, eligibility determination, and access to services based on the laws under WIOA Title I and Title IV from randomly selected files for the PY. Tests will be performed using the monitoring tools, created by the Monitoring Unit, along with instruments provided by MD Labor OFP. The Monitor develops a report highlighting any discrepancies, findings, or concerns that will be forwarded to the Office of Fair Practice and the Office of the Assistant Secretary for further review. The WIOA partners are dedicated to ensuring that subject matter experts in relevant areas, such as disabilities and accessibility, are included in monitoring best practice training and discussions to ensure that WIOA programming is delivered thoroughly and effectively.

DWDAL anticipates transferring the responsibility of monitoring for Equal Opportunity and accessibility from the DWDAL Office of Monitoring and Compliance to the new OFP WIOA Equal Opportunity Specialist. The Office of Monitoring and Compliance will continue to monitor DWDAL programming for non-Equal Opportunity related areas.

DORS self-monitors for compliance with the provisions of the Americans with Disabilities Act to ensure that all offices, programs, services, technology, and materials are fully accessible to staff with disabilities and consumers with significant disabilities. On a daily basis, staff with disabilities and participants in the VR program monitor DORS for accessibility. Monitoring activities are also conducted by the United States Department of Education, Rehabilitation Services Administration, as well as by state and federal auditors.

DHS provides assistance to individuals and families with disabilities applying for or receiving TANF by ensuring equal access to people with disabilities; ensuring that policies, practices, and procedures are modified for people with disabilities where necessary; and ensuring that methods of administration do not discriminate on the basis of disability. Applicants and recipients are provided special accommodations and auxiliary aids such as interpreters for individuals with hearing impairments, large type reading materials for individuals with visual impairments, and telephone interviews for those customers who are unable to visit a LDSS. Further, specifically with TANF workforce development programs, DHS requires LDSS to complete an annual Plan for Achieving Self-Sufficiency. Included in the annual plan are project descriptions for all work program activities. In the Plan, LDSS are required to describe their assessment, reasonable accommodation, and monitoring processes which will include a communication strategy with vendors that provide workforce development services, if applicable. Additionally, DHS conducts monthly technical assistance/monitoring calls and annual on-site monitoring visits with each LDSS, which includes evaluation of ADA compliance. Compliance will be measured, among other things, by the promulgation of policies, tracking of requests for reasonable accommodations, and participation in DHS ADA trainings. Finally, monitoring is also conducted by the U.S. Department of Health and Human Services as well as state and federal auditors.