Trial Engrossment of Amendment A00323 to House Bill 400 P.N. 0757, Regular Session 2015-2016

A00323

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

400

Session of

2015

INTRODUCED BY GINGRICH, GERGELY, MURT, SIMMONS, MILLARD, KINSEY,

BOBACK, MACKENZIE, DUNBAR, PICKETT, V. BROWN, ROZZI,

YOUNGBLOOD, GIBBONS, STURLA, SCHLOSSBERG, PETRI, KAUFFMAN,

KIRKLAND, COHEN, KAVULICH, D. COSTA, D. MILLER, MATZIE,

WATSON, SAMUELSON, FREEMAN, FEE, NEUMAN, RAVENSTAHL,

DONATUCCI, CUTLER, DEASY, ROEBUCK, McNEILL, HARKINS, M. DALEY

AND DiGIROLAMO, FEBRUARY 17, 2015

AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF

REPRESENTATIVES, AS AMENDED, FEBRUARY 26, 2015

AN ACT

Providing for the Work Experience for High School Students with

Disabilities Act; imposing duties on the Office of Vocational

Rehabilitation; and providing for appropriations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Work

Experience for High School Students with Disabilities Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Competitive integrated employment." Work in the competitive

labor market that is performed on a full-time or part-time basis

in an integrated setting for which an individual is compensated

at or above the minimum wage, but not less than the customary

wage and level of benefits paid by the employer for the same or

similar work performed by individuals who do not have

disabilities.

"Integrated setting." With respect to an employment outcome,

a setting typically found in the community in which an applicant

or eligible individual interacts with individuals without

disabilities, other than an individual who is providing services

to the applicant or eligible individual, to the same extent that

individuals without a disability in a comparable position

interact with other persons.

"Office of Vocational Rehabilitation." The Office of

Vocational Rehabilitation established under section 7 of the act

of December 20, 1988 (P.L.1306, No.167), known as the Vocational

Rehabilitation Act.

Section 3. Powers and duties of the Office of Vocational

Rehabilitation.

The Office of Vocational Rehabilitation shall facilitate the

process of job and career development between local education

agencies and public and private employers to ensure the

successful transition of high school students with disabilities

into competitive integrated employment. In collaboration with

officials of local education agencies and other public agencies,

such as an agency taking part in a county mental health or

intellectual disabilities program, the Office of Vocational

Rehabilitation shall:

(1) Provide information for the development of

individual education plans for high school students with

disabilities ensuring that job skill training is included in

the plans when appropriate. When possible, the Office of

A00323 - 2 -

Vocational Rehabilitation shall attend individual education

plan meetings in person or by alternative means, such as

video conferences and conference calls, when invited by local

education agencies. A representative from the Office of

Vocational Rehabilitation shall attend at least one meeting

per year of individual education plan meetings for the last

two years prior to the anticipated graduation of high school

students with disabilities.

(2) Arrange for, monitor and support the placement of

high school students with disabilities in lawful internships,

on-the-job training and full-time or part-time work after

school, evenings and during the summer, at competitive wages

in integrated settings with public or private sector

employers.

(3) Provide professional guidance relative to job

coaching services and provide the services to individuals who

are eligible for services at the Office of Vocational

Rehabilitation and TO ELIGIBLE INDIVIDUALS when the services

are included in an individualized plan for employment by the

Office of Vocational Rehabilitation, so that high school

students with disabilities may succeed in competitive

employment with private sector and public employers.

(4) Provide counseling on opportunities for enrollment

in comprehensive transition or postsecondary educational

programs at institutions of higher education.

(5) Publish on its public website 45 days after the end

of each calendar quarter the following information, at a

minimum, pertaining to the implementation of this act in each

county in this Commonwealth for the prior calendar quarter:

(i) the number of individualized education meetings

A00323 - 3 -

attended by Office of Vocational Rehabilitation staff;

(ii) the number of individual education plans that

include new or significantly modified goals and specific

steps toward the attainment of competitive integrated

employment;

(iii) the number of job referrals made to employers

on behalf of students with disabilities while still in

high school;

(iv) the number of high school students with

disabilities working in part-time and summer jobs as a

result of referrals made by Office of Vocational

Rehabilitation staff;

(v) the number of high school students with

disabilities working in part-time or summer jobs who are

receiving job coaching services; and

(vi) the number of high school students with

disabilities who enter competitive integrated employment

within three months of their graduation.

(6) Report on the progress of the Office of Vocational

Rehabilitation regarding the implementation of this act on at

least a quarterly basis to:

(i) the Secretary of Labor and Industry;

(ii) the Pennsylvania Rehabilitation Council; and

(iii) the State Board of Vocational Rehabilitation.;

and

(iv) the Secretary of Education.

(7) The State Board of Vocational Rehabilitation shall

be responsible for reviewing reported progress and providing

advice to Office of Vocational Rehabilitation officials on

achieving the objectives of this act. The reports must be:

A00323 - 4 -

(i) Published on the publicly accessible Internet

website of the Office of Vocational Rehabilitation in a

format that is easily understandable by members of the

public.

(ii) Made available to:

(A) the President pro tempore of the Senate;

(B) the Majority and Minority Leaders of the

Senate;

Labor and Industry Committee of the Senate;

(D) the chairman and minority chairman of the

Public Health and Welfare Committee of the Senate;

(E) the Speaker of the House of Representatives;

(F) the Majority and Minority Leaders of the

House of Representatives;

(G) the chairman and minority chairman of the

Labor and Industry Committee of the House of

Representatives; and

(H) the chairman and minority chairman of the

Human Services Committee of the House of

Representatives.

Section 4. State Board of Vocational Rehabilitation.

Prior to the issuance of any policies or procedures necessary

for the implementation of this act, the State Board of

Vocational Rehabilitation shall review and approve the policies

and procedures. The Pennsylvania Rehabilitation Council shall be

afforded an opportunity to comment on the policies and

procedures prior to their consideration by the State Board of

Vocational Rehabilitation.

Section 5. Construction.

A00323 - 5 -

This act may not be construed to reduce the obligation under

the Individuals with Disabilities Education Act (Public Law 91-

230, 20 U.S.C. § 1400 et seq.) of a local education agency or

another agency to provide or pay for a transition service that

is also considered special education or related services and

that is necessary for ensuring a free, appropriate public

education to children with disabilities.

Section 6. Appropriations.

For fiscal year 2015-2016 AND EACH SUBSEQUENT FISCAL YEAR,

sufficient State funds shall be appropriated to ensure that all

Federal funds available to the Commonwealth through the Office

of Vocational Rehabilitation under the provisions of the

Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701

et seq.) are matched by the Federal Government. In subsequent

fiscal years, sufficient State funds shall be appropriated to

ensure that the Federal funds available to the Commonwealth

under the Rehabilitation Act of 1973 are matched by the

Commonwealth. The difference between the funding for fiscal year

2015-2016 and the amounts appropriated during fiscal year 2014-

2015 to the Office of Vocational Rehabilitation and the Federal

funds matched by the State funds shall be earmarked and utilized

by the Office of Vocational Rehabilitation exclusively to carry

out the purposes of this act. This section shall not apply to a

future one-time increase in the State appropriation and the

matching Federal funds.

Section 7. Effective date.

This act shall take effect July 1, 2015.

A00323 - 6 -