Title: CAPABILITY Act of 2019
Policy area: Labor and Employment

Summary:
Customized Approaches to Providing And Building Independent Lives of Inclusion for Transition-aged Youth Act of 2019 or the CAPABILITY Act of 2019
This bill requires the Department of Education (ED) to carry out a program under which ED makes grants to states to assist them in carrying out activities designed to help a transition-aged youth (i.e., a person considered to be a transition-aged youth under the laws of the state concerned) with covered disabilities obtain customized, competitive integrated employment. These disabilities include intellectual, developmental, mental health, physical, or other significant disability that presents barriers to an individual transitioning to employment or postsecondary education.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3070 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3070

 To amend the Rehabilitation Act of 1973 to establish a demonstration 
 program to assist transition-aged youth with covered disabilities in 
        obtaining customized, competitive integrated employment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2019

Mr. Moulton (for himself and Mrs. Rodgers of Washington) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
 To amend the Rehabilitation Act of 1973 to establish a demonstration 
 program to assist transition-aged youth with covered disabilities in 
        obtaining customized, competitive integrated employment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Customized Approaches to Providing 
And Building Independent Lives of Inclusion for Transition-aged Youth 
Act of 2019'' or the ``CAPABILITY Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Good transition services are critical to the success of 
        youth with disabilities transitioning from school to 
        employment.
            (2) Federal law, including the Individuals with 
        Disabilities Education Act and the Workforce Innovation and 
        Opportunity Act, require that schools and adult disability 
        systems (including the State vocational rehabilitation agency 
        (or agencies), the State developmental disabilities agency, the 
        State mental health agency, and the State Medicaid agency) 
        collaborate to ensure the successful transition of students 
        from school to competitive integrated employment.
            (3) The Workforce Innovation and Opportunity Act requires 
        States to provide preemployment transition services to students 
        with disabilities, with the goal of assisting with the 
        transition to competitive integrated employment.
            (4) Despite the goals of Federal laws, schools and State 
        systems continue to have challenges transitioning students with 
        intellectual, developmental, mental health, and other 
        significant disabilities and such students continue to achieve 
        the goal of competitive integrated employment at far lower 
        rates than their non-disabled peers and even peers with other 
        disabilities. Only 24 percent of transition-aged youth with 
        disabilities are employed and only 21 percent of youth with 
        intellectual or developmental disabilities are employed 
        (according to Cornell University). This leads to fewer adults 
        with disabilities working. The most current data indicate that 
        while 74 percent of working age adults with no disability are 
        working, only 35 percent of adults with disabilities, and only 
        25 percent of adults with cognitive disabilities, are working 
        (according to the American Community Survey).
            (5) Schools and State systems should have knowledge and 
        expertise in the range of evidence-based strategies that are 
        particularly effective for employment of students with 
        disabilities, including customized employment, the Individual 
        Plan and Support model, and supported employment.

SEC. 3. DEMONSTRATION GRANT PROGRAM FOR INDIVIDUALS WITH CERTAIN 
              DISABILITIES.

    Section 303 of the Rehabilitation Act of 1973 (29 U.S.C. 773) is 
amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Demonstration Grant Program for Individuals With Certain 
Disabilities.--
            ``(1) Grants authorized.--For each of fiscal years 2020 
        through 2023, the Secretary shall carry out a program under 
        which the Secretary makes grants to States, on a competitive 
        basis, to assist such States in carrying out activities 
        designed to help transition-aged youth with covered 
        disabilities obtain customized, competitive integrated 
        employment.
            ``(2) Maximum number of grants.--Not more than 3 States may 
        receive grants for fiscal year 2020 and not more than 3 States 
        may receive grants for fiscal year 2021. A State may not 
        receive a grant in both fiscal year 2020 and 2021.
            ``(3) Duration.--Each grant under this section shall be 
        made for a period of four years.
            ``(4) Application.--To be eligible to receive a grant under 
        this subsection a State shall submit an application to the 
        Secretary, at such time, in such manner, and containing such 
        information as the Secretary may require. Each application 
        shall include, at minimum, the following:
                    ``(A) Identification of not fewer than three 
                locations in the State at which services supported by 
                the grant will be coordinated, administered, and made 
                available to the community.
                    ``(B) Evidence demonstrating the State's commitment 
                to carrying out the activities funded with a grant 
                under this subsection, which shall include a 
                description of the extent to which State officials and 
                State agencies will be involved in carrying out the 
                activities, including--
                            ``(i) the Governor;
                            ``(ii) the State legislature; and
                            ``(iii) other State agencies, including the 
                        State's vocational rehabilitation agency, 
                        Medicaid agency, department of education, 
                        department of workforce development, mental 
                        health agency, developmental disability agency, 
                        and any other State agencies specifically 
                        concerned with providing services to 
                        individuals with covered disabilities.
                    ``(C) A description of how the State, in carrying 
                out the activities funded with the grant, will consult 
                and collaborate with transition-aged youth with covered 
                disabilities and their families, local educational 
                agencies serving such transition-aged youth, 
                Developmental Disability Councils, University Centers 
                for Excellence in Developmental Disabilities Education, 
                Research, and Service, and other organizations with 
                expertise in advocating for or providing employment 
                services to transition age youth.
                    ``(D) A description of how the State will evaluate 
                the effectiveness of the activities funded with the 
                grant.
            ``(5) Priority.--In awarding grants under this subsection, 
        the Secretary shall prioritize the award of grants to States 
        that will--
                    ``(A) ensure that the employment obtained by 
                individuals assisted with grant funds complies with the 
                requirements applicable to customized integrated 
                employment, including wage, benefit, and location 
                requirements;
                    ``(B) seek technical assistance from appropriate 
                public and private sources on an ongoing basis 
                throughout the grant period;
                    ``(C) use evidence-based models and standardized 
                practices of customized employment services consistent 
                with the Essential Elements of Customized Employment 
                for Universal Application as published by the Workforce 
                Innovation Technical Assistance Center in June 2017, 
                including the development of an employment or a career 
                plan for each transition-aged youth with a covered 
                disability;
                    ``(D) use a coordinated approach of best practices 
                in customized employment and supported employment 
                services to ensure flexible person-centered services 
                for such youth, including the availability of paid 
                internships and opportunities for enhanced discovery 
                activities;
                    ``(E) establish partnerships with employers to 
                advocate for, with respect to such youth, customized, 
                competitive, and integrated job opportunities, 
                workplace inclusion, paid internships, and employment 
                supports;
                    ``(F) provide access to additional resources needed 
                to facilitate successful employment outcomes through 
                coordination with the employers described in 
                subparagraph (E);
                    ``(G) identify ideal paid internship and job 
                matches for employers and such youth;
                    ``(H) provide peer and family mentoring focused on 
                employment-related information and resources, including 
                benefits planning and asset development information;
                    ``(I) provide training, performance-based 
                certification, and technical assistance support for all 
                staff who will be engaged in the provision of the 
                customized employment and supported employment 
                services;
                    ``(J) provide training and information to 
                vocational rehabilitation counselors, school transition 
                personnel, and other persons supporting such youth;
                    ``(K) collect information with respect to all 
                employment services, internships, and job outcomes 
                pursuant to the grant; and
                    ``(L) ensure transparency of information and 
                informed choices for such youth and employers.
            ``(6) Use of funds.--
                    ``(A) In general.--A State that receives a grant 
                under this subsection shall use the grant to assist 
                transition-aged youth with covered disabilities in 
                obtaining customized, competitive integrated employment 
                by--
                            ``(i) providing customized employment 
                        services to such youth;
                            ``(ii) carrying out preemployment 
                        transition services for such youth as described 
                        in paragraphs (1) through (7) and (9) of 
                        section 113(c);
                            ``(iii) implementing service models to 
                        address the unique needs of individual 
                        transition-aged youth, such as customized 
                        employment, individual plans and support 
                        models, and supported employment; and
                            ``(iv) carrying out such other activities 
                        as may be necessary to ensure that such youth 
                        are able to obtain customized, competitive 
                        integrated employment.
                    ``(B) Milestones for implementation.--Each State 
                that receives a grant under this subsection shall 
                achieve the following milestones during the grant 
                period:
                            ``(i) First year.--In the first year of the 
                        grant period, the State shall carry out such 
                        planning activities as are necessary to 
                        implement the program funded with the grant.
                            ``(ii) Second year.--In the second year of 
                        the grant period, the State shall begin 
                        carrying out the program funded with the grant 
                        and shall collect data on the performance of 
                        the program.
                            ``(iii) Third year.--In the third year of 
                        the grant period, the State shall begin to 
                        identify lessons learned and methods to ensure 
                        the sustainability of the program.
                            ``(iv) Fourth year.--In the fourth year of 
                        the grant period, the State shall demonstrate 
                        to the Secretary that the program funded with 
                        the grant has been fully implemented and is 
                        sustainable.
            ``(7) Report.--
                    ``(A) In general.--Not later than four years after 
                the date on which the last grant is made under this 
                subsection, the Secretary shall submit to Congress a 
                report on the activities carried out with grants under 
                this subsection.
                    ``(B) Elements.--The report under subparagraph (A) 
                shall include, with respect to each State that received 
                a grant under this subsection, the following:
                            ``(i) a description of how the State used 
                        the grant funds;
                            ``(ii) the number of individuals who 
                        obtained customized, competitive integrated 
                        employment as a result of participating in 
                        activities funded with the grant;
                            ``(iii) with respect to the employment 
                        obtained by such individuals--
                                    ``(I) the average wage earned;
                                    ``(II) any changes in the average 
                                wage earned over time;
                                    ``(III) the average number of hours 
                                worked per week;
                                    ``(IV) the benefits, if any, 
                                typically provided by the employer; and
                                    ``(V) the average duration of the 
                                employment; and
                            ``(iv) such other information as the 
                        Secretary considers appropriate.
            ``(8) State information collection.--A State that receives 
        a grant under this subsection shall--
                    ``(A) collect and compile the information described 
                in clauses (i) through (iii) of subparagraph (B); and
                    ``(B) submit the information to the Secretary at 
                such time and in such manner as the Secretary may 
                require.
            ``(9) Definitions.--In this subsection:
                    ``(A) Covered disability.--The term `covered 
                disability' means an intellectual, developmental, 
                mental health, physical, or other significant 
                disability that presents barriers to an individual 
                transitioning to employment or postsecondary education.
                    ``(B) Customized, competitive integrated 
                employment.--The term `customized, competitive 
                integrated employment' means competitive integrated 
                employment that is customized to the unique skills and 
                abilities of a youth with a covered disability.
                    ``(C) Transition-aged youth.--The term `transition-
                aged youth' means a person considered to be a 
                transition-aged youth under the laws of the State 
                concerned.
            ``(10) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as may be necessary for each of fiscal years 2020 through 
        2023.''; and
            (3) in subsection (f), as redesignated by paragraph (1), by 
        striking ``this section'' and inserting ``this section (other 
        than subsection (c))''.
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