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services (including, but not limited to, nonresidential services related to employment,
wrap-around supports and community engagement) for individuals with significant
disabilities in community settings.

These recent developments in Federal public policy, coupled with landmark legal
enforcement measures taken by the U.S. Department of Justice with respect to the
provision of nonresidential services in alignment with Title II of the Americans with
Disabilities Act, has created an overwhelming demand from State governments and other
external stakeholders for enhanced technical assistance and resources from ACL, AIDD
and ODEP. The convergence of these various policy advancements and the growing
demand for additional support from State governments and external partners at the Federal
level necessitates a coordinated approach to leveraging resources as well as creates
opportunity for further collaboration in the dissemination of effective practices and
innovative policy strategies. ACL and ODEP collectively have the potential to provide
clear, accurate information and support to the field as the implementation of these various
policy developments evolves at a state and local level.

ELEMENTS OF COLLABORATION

ODEP and ACL will collaborate to expand the understanding and implementation of
competitive integrated employment policies and strategies at the Federal, state and local
levels.

A. Expected outcomes of this collaboration include the:

e Development, translation, and dissemination of knowledge and technical resources
that enables broad adoption and implementation of policies and effective practices;

e Implementation of multi-agency collaboration strategies that result in cohesive
policies and aligned resources aimed at promoting Employment First principles and
supporting the implementation of recent Federal policy advancements focused on
improving competitive integrated employment, health and well-being, and other
socioeconomic outcomes of individuals with significant disabilities;

e Documentation of increased use of evidence-based policy strategies and effective
practices, that result in increased competitive integrated employment outcomes,
health and well-being, and other socioeconomic outcomes among youth and adults
with significant disabilities;

e Adoption and implementation of Employment First concepts and strategies at all
levels, including provider, community entities, and local and State governments; and

e Facilitation of strategic collaborations between ACL’s centers for independent living
and American Job Centers (AJC) to leverage each other’s knowledge and resources,
contributing to a comprehensive multi-agency program responding to the
individual’s expressed needs and interests, including but not limited to, competitive
integrated employment and increased financial capabilities.




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Practice (CoP), which is open to stakeholders in all 50 states. In exchange for participation
in the EFSLMP Community of Practice, states are asked to commit to ongoing cross-agency
collaboration at the state-level toward the establishment of an Employment First approach to
service delivery, inclusive of the following state entities: Education, I/DD adult services,
Medicaid, Mental Health, Vocational Rehabilitation, and Workforce Investment.

These two initiatives are complementary efforts that reflect the mutual commitment of
ODEP and the ACL to the concept of Employment First for all individuals with disabilities,
regardless of disability label or need for support in finding and retaining employment. This
MOA is designed to further the coordination of resources and efforts between the two
agencies so that the concept of Employment First, and the related policies and practices, are
more broadly embraced to effect increased employment opportunities for individuals with
the most significant disabilities.

Opportunities for Providing Collaborative Support to Engage Centers for Independent
Living in Efforts to Promote Competitive Integrated Employment of Individuals with

Significant Disabilities

The passage of the Workforce Innovation and Opportunity Act (WIOA) resulted in the
Federal government’s investment in CILs to become a component of the Administration on
Community Living. Simultaneously with this endeavor, ODEP has invested in working
with several CILs across the country to test and validate strategies for engaging CILs with
the workforce development system in order to further the goals of individuals with
significant disabilities to achieve employment, and to develop innovative state and local
partnerships between the public workforce development system and the disability
community. This collective interest in strengthening the role of the CILs with respect to
advancing employment, health and well-being, and socioeconomic advancement of
individuals with disabilities provides yet another opportunity for collaboration and
coordination among ODEP and ACL.

Promoting Successful Implementation of Various Federal Public Policy Developments to
Improve Integrated Employment Outcomes, Health and Well-being, and Socioeconomic
Advancement of Individuals with Disabilities

A myriad of advancements in Federal public policy and civil rights law in recent years has
accelerated the focus on improving the employment and health outcomes of individuals
with significant disabilities. WIOA includes a number of new requirements for
implementation for both state vocational rehabilitation and workforce development
agencies that will directly and indirectly improve access of job seekers with disabilities to
services offered through these two systems. The new law also requires an unprecedented
level of collaboration between these two systems, as well as education, Medicaid and state
authorities on mental health and intellectual and developmental disabilities.

In addition to passage of the WIOA, the release of the final rule on Home and Community
Based Services issued by the Centers for Medicare and Medicaid Services in 2014 clarified
the parameters by which state Medicaid funds can be used to fund long term supports and


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B. The elements of collaboration are:

1. ODEP and ACL will share respective relevant agency-developed research, data,
evidence-based practices, informational and technical resources, collaborative
work spaces, and publications with each other and their respective grantees to
improve competitive integrated employment opportunities for people with
significant disabilities.

2. ODEP and ACL will collaborate to develop and issue joint policy statements and
technical resources that reflect Employment First concepts; clarify changes in
Federal public policy that encourage increased efforts to invest in the health,
employment, and other socioeconomic outcomes of individuals with significant
disabilities; provide technical information to key constituencies and audiences
supported by one or more of the agencies; and promote the respective agency
systems-change initiatives related to increasing competitive integrated
employment and other socioeconomic outcomes of individuals with significant
disabilities.

3. ODEP and ACL will engage and consult each other on policy proposals and
other agency-specific activities and investments related improving the health,
employment, and other socioeconomic outcomes of individuals with significant
disabilities so as to benefit from each agency’s expertise, improve efficiencies
and optimize effectiveness in accomplishing mutual goals.

4. ODEP and ACL will work to cross-promote programs, initiatives, and activities
of each respective agency as it relates to the mutual goal of improving the
employment outcomes, health and well-being, and socioeconomic advancement
of individuals with significant disabilities.

5. ODEP and ACL will maintain open communication on the activities and status of
their respective investments and initiatives, identifying opportunities for
leveraging resources and coordinating strategies to maximize collective impact in
accomplishing mutual goals.

6. ODEP and ACL will explore leveraging funding opportunities to maximize
collective impact in accomplishing mutual goals.

Vv. DURATION OF AGREEMENT
This MOA is effective upon the date of the last signature below for three years (36 months).

Either party may terminate the MOU by providing 30 days written notice to the other party.


MEMORANDUM OF AGREEMENT
BETWEEN THE
U.S. DEPARTMENT OF LABOR, OFFICE OF DISABILITY EMPLOYMENT POLICY
AND
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES,
ADMINISTRATION FOR COMMUNITY LIVING

PURPOSE

The purpose of this Memorandum of Agreement (MOA) is to establish an understanding
between the U.S. Department of Labor, Office of Disability Employment Policy (ODEP),
and the U.S. Department of Health and Human Services (HHS), Administration for
Community Living (ACL) to work together to expand and promote competitive integrated
employment as the first employment option for individuals with significant disabilities. In
addition, the MOA seeks to stimulate innovative strategies of collaboration in the field that
builds upon the strengths of a community living network including state and local public
entities, intellectual/developmental disability (I/DD) networks, area agencies on aging,
centers for independent living (CILs), aging and disability resource centers and other key
partners poised to support the competitive integrated employment goals and socioeconomic
advancement of individuals with significant disabilities.

A mutual priority across these respective agencies is to invest in systems change efforts that
result in increased competitive integrated employment opportunities for individuals with
significant disabilities. This priority reflects growing support for a national movement
called Employment First, a framework for systems change that is centered on the premise
that all citizens, including individuals with significant disabilities, should have opportunities
for full participation in competitive integrated employment and community life. Under this
approach, publicly-financed systems are urged to align policies, service delivery practices,
and reimbursement structures to commit to competitive integrated employment as the
priority option with respect to the use of publicly-financed day and employment services for
youth and adults with significant disabilities. Many states have formally committed to the
Employment First framework through official executive proclamation or formal legislative
action.

Many states desire to align their efforts to support individuals with disabilities toward an
Employment First approach, but may not yet possess the capacity, experience, or technical
resources necessary to lead and facilitate such change. To address this need, both ACL and
ODEP have invested in systems-change initiatives focused on providing technical assistance
to multi-disciplinary state teams to support their implementation of the Employment First
approach with fidelity by aligning policies, coordinating resources, and updating /building
capacity for implementing service delivery models toward facilitating this approach.

Additionally, significant advancements in Federal public policy and civil rights law in recent
years encourages increased focus on collaboration and coordination to leverage partnerships
across all levels of government. The importance of ODEP and ACL working
collaboratively to advance effective practices, policy implementation strategies, and
resource leveraging to improve employment and other socioeconomic outcomes of
individuals with significant disabilities is critical.


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MODIFICATION PROCEDURES

Either party to this agreement may propose a modification to this MOA at any time. All
proposed modifications will be in writing and will become effective upon the date of the
written agreement between the parties.

DISPUTE RESOLUTION

Any disputes arising under this agreement will be resolved informally by designated agency
content persons.

EFFECT OF AGREEMENT

This agreement is an internal Government agreement and is not intended to confer any right
upon any private person.

This agreement does not itself authorize the expenditure or reimbursement of any funds.
Nothing in this agreement obligates the parties to spend appropriations or enter into any
contract or other obligations.

Nothing in this agreement shall be interpreted as limiting, superseding, or otherwise
affecting either agency’s normal operations or decisions in carrying out its responsibilities
and statutory or regulatory duties. This agreement does not limit or restrict the parties from
participating in similar activities or arrangements with other entities.

The agreement will be executed in full compliance with the Privacy Act of 1974.

AGENCY CONTACTS

ODEP Project Lead: ACL Project Lead:

Christopher Button Annette Shea

Office of Disability Employment Policy Administration on Community Living
U.S. Department of Labor U.S. Department of Health and Human
(202) 693-4924 (202) 357-3427
button.christopher@dol.gov Annette.Shea@acl.hhs.gov

Vv; . \

Jennifer Sheshy a Lewis
Acting Assistant Secre' incipal Deputy

Office of Disability Employment Policy Administration for Community Living
U.S. Department of Labor U.S. Department of Health and Human

Mn (ts "Shi (2

Date \ : Date

a 7a AND DATES



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AUTHORITY

For ODEP, the authority to enter into this MOA is 29 U.S.C. 557b (ODEP organic statute).
For the ACL, the authority to enter into this MOA is 42 U.S.C. 15082.

BACKGROUND

ODEP, established in 2001, provides, develops and influences the use of evidence-based
disability employment policies, builds collaborative partnerships, and delivers authoritative
and credible data on employment of people with disabilities. ODEP also provides national
leadership to increase the quantity and quality of employment opportunities for individuals
with disabilities while striving to eliminate barriers to employment. ODEP supports the
creation of meaningful and expanded work options (including policies and effective
practices that lead to competitive integrated employment outcomes), promotes economic
opportunities and independence, encourages self-determination, and supports inclusion of
people with disabilities in their communities.

ODEP has implemented numerous studies and initiatives to identify effective practices and
emerging models of excellence that can result in improved employment outcomes for job
seekers with significant disabilities using validated inclusive and customized approaches.
One of ODEP's evidence-based competitive integrated employment strategies focuses on
building flexibility around the job tasks and conditions of employment through negotiation
with employers that results in customized employment benefitting both the job candidate
and the employer. These and other competitive integrated employment strategies are
especially appropriate for individuals with disabilities who have historically been regarded
as unemployable.

ACL, established in 2012, operates on the principle that all Americans—including people
with disabilities and older adults—should be able to live at home with the supports they
need, participating in communities that value their contributions. Originally, ACL brought
together the efforts and achievements of HHS’ Administration on Aging, the Administration
on Intellectual and Developmental Disabilities, and Office on Disability to serve as the
Federal agency responsible for increasing access to community supports, while focusing
attention and resources on the unique needs of older Americans and people with disabilities
across the lifespan. ACL’s mission is to maximize the independence, well-being, and health
of older adults, people with disabilities across the lifespan, and their families and caregivers.

In order to improve the lives of all individuals with disabilities, ACL will pursue policies
that promote improved economic status through employment. ACL will encourage the
ongoing development and use of systems that promote competitive integrated employment
opportunities, career and skills development, and offer an array of appropriate work supports
needed to achieve and maintain employment.


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Complimentary Efforts to Support Employment First Systems-Change Efforts

In FYs 2011 and 2012, AIDD provided funds through the Projects of National Significance
program for eight Partnerships in Employment Systems Change grants. These grantees
partnered with various state agencies to form consortiums that will develop and implement
initiatives designed to improve the employment outcomes of individuals with developmental
and intellectual disabilities by promoting competitive integrated employment. They are also
working together to improve statewide system policies and practices with the main objective
being to encourage state partnerships and systems change efforts that will ultimately
contribute to: 1) developing policies that support competitive employment in integrated
settings as the first and desired outcome for youth and young adults with DD including ID;
2) removing systemic barriers to competitive employment in integrated settings; 3)
implementing strategies and best practices that improve employment outcomes for youth
and young adults with DD including ID; and 4) enhancing statewide collaborations that
facilitate the transition process from secondary and post-secondary school, or other pre-
vocational training settings, to competitive employment in integrated settings. The grantees
will document their systems change and policy change efforts throughout the project

period. AIDD supports these grantees efforts with training and technical assistance. In
addition, AIDD funds a Community of Practice for Supporting Competitive Integrated
Employment for Individuals with Intellectual and Developmental Disabilities that consists
of six states. The goals of the CoP are to: identify emerging and promising practices in the
area of competitive, inclusive employment (CIE) across states, develop CoPs as a strategy
for peer-to-peer learning and technical assistance, provide training and technical assistance
to consortium states to support states in developing and implementing an effective
consortium that will lead to improved employment outcomes, and establish and maintain
mechanisms to share and disseminate data, information, and promising practices.

Also in FY 2012, ODEP initiated the Employment First State Leadership Mentoring
Program (EFSLMP), a cross-disability, cross-systems change initiative. EFSLMP is
providing a platform for multi-disciplinary state teams to focus on implementing the
Employment First approach with fidelity through the alignment of policies, coordination of
resources, updating of service delivery models, to facilitate increased competitive integrated
employment options for people with the most significant disabilities. The objectives of the
EFSLMP are to: provide mentoring, intensive technical assistance (TA) and training from a
national pool of subject matter experts and peer mentors to core states as they transform
existing policies, service delivery systems, and reimbursement structures to reflect an
Employment First approach; link participating states with current Federal initiatives that are
focused on promoting state-level systems-change conducive to Employment First objectives;
and evaluate the impacts of the investments in state Employment First systems change
efforts over time to identify common challenges faced by State governments and validate
innovative strategies and effective practices that lead to the successful implementation of
Employment First objectives. EFSLMP core states receive a combination of onsite and
virtual technical assistance in the areas of strategic guidance on policy, practice, and policy
reform; provider transformation; capacity building; school-to-work transition; and employer
engagement. In addition to the intensive technical assistance and training being offered to
the EFSLMP core states, ODEP also hosts a National Employment First Community of