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Federal Document Clearing House
Congressional Testimony
July 26, 2000, Wednesday
SECTION: CAPITOL HILL HEARING TESTIMONY
LENGTH: 4694 words
COMMITTEE:
SENATE HEALTH, EDUCATION, LABOR & PENSIONS
HEADLINE: TESTIMONY AMERICANS WITH DISABILITIES
TESTIMONY-BY: JUDITH E. HEUMANN
BODY:
Judith E. Heumann Assistant Secretary for
Special Education and Rehabilitative Services July 26, 2000 Hearing on "The
Americans with Disabilities Act: Opening Doors to the Workplace. Good Afternoon.
Chairman Jeffords, Senator Kennedy, and distinguished members of the committee,
thank you very much for inviting me to be part of this panel. It is fitting that
today, the 10th anniversary of the passage of one of the most important pieces
of civil rights legislation in history, we look at the progress we have made in
the first decade of the Americans with Disabilities Act. The Office of Special
Education and Rehabilitative Services, (OSERS) supports a number of projects to
assist employers in complying with the ADA, and programs to help people with
disabilities in finding meaningful employment. OSERS encompasses three units:
the Office of Special Education Programs (OSEP), the Rehabilitation Services
Administration (RSA), and the National Institute on Disability and
Rehabilitation Research (NIDRR). These three components work individually and
together to improve education, employment, and research outcomes for people with
disabilities. Our mission is to provide leadership to achieve full integration
and participation in society of people with disabilities by helping to ensure
equal opportunity and access to and excellence in education, employment, and
community living. Our work benefits the recipients of services, but also
contributes to the fabric of society. When people with disabilities are getting
a good education, and when they are well- trained and have access to jobs, and
when there is cutting-edge research, all of society benefits. You have asked
that my remarks focus on the work done by the ten regional Disabilities and
Business Technical Assistance Centers, DBTACs, that are supported by NIDRR under
Title 11 of the Rehabilitation Act of 1973. This is one of the programs we are
most proud of. I will provide information on the DBTACs, their accomplishments,
and how they relate to other OSERS programs. The DBTACs provide technical
assistance to businesses, State and local governments, public accommodations,
and to people with disabilities who have protections under the law. Following
the passage of the ADA, Congress, realizing that the law might be difficult for
many people to understand and implement,- developed the DBTACs to provide
technical assistance to individuals and organizations on implementation of the
law. Congress acted to establish a mechanism that could respond to questions,
over the phone and in writing, and provide more in- depth technical assistance
in a manner consistent with the needs of particular constituencies. Since 1991,
the 10 regional DBTACs have distributed more than 7 million documents. They also
field an average of 7,500 calls per month. The callers are requesting
information about accessibility, accommodations, and the requirements under the
law. In addition, the DBTACs conduct training for an average of more than 7,000
people a month. This training can be standardized to teach personnel or
facilities managers the requirements of the ADA, or it can be tailored to
address issues of particular concern, such as hiring policies or architectural
design. The training is also provided to people with disabilities so that they
understand their rights. I think the number of people being served by the DBTACs
indicate clearly that this program is providing a much needed service.
Historically, people with disabilities have been isolated from their
communities. Lack of exposure to people with disabilities has helped ingrain a
prejudice that will not disappear overnight. Thanks to the ADA, people with
disabilities now have more opportunities to work, socialize, shop, and visit in
the same places as their non-disabled peers. This exposure will help to counter
the long-standing attitude that people with disabilities are not capable. For
too long, too many employers have felt that people with disabilities "can't."
They can't work, they can't be a member of the team, they can't contribute. They
also may have assumed that their non-disabled employees felt the same. One of
the goals of the training done by the DBTACs is to help organizations shift
attitudes. Usually, when an attitude change comes from the top, it will carry
over to the rest of the organization. Increased acceptance among co-workers of
colleagues with disabilities often comes by developing personal relationships.
This familiarity can have a broad impact. Several years ago, I heard a story
from an employer who was talking about why he didn't hire people with
disabilities. He said that he had not had much exposure to people with
disabilities, but his 5-year-old daughter had a classmate with Down Syndrome. He
noted that his daughter already had a different attitude about people with
disabilities than he did. A recent study at Virginia Commonwealth University
examined employers' perceptions about the hiring, retaining, and promoting of
people with disabilities. The study found that training for employers in
effective recruitment and accommodations works. The employers in the study were
able to overcome a lot of the attitudinal barriers when more people were given
the opportunity to work with people with disabilities and learn about
accommodations. As an example of the kinds of assistance the DBTACs provide, a
recent college graduate with a visual impairment was in the process of applying
for jobs. These positions were going to require her to use a computer. The woman
contacted the DBTAC to learn how to request the accommodation she needed. After
a job offer was made, she wrote a letter requesting the screen reading software7
and provided some information to her new' employer about the ADA. The employer
gladly provided the software, and used the information provided by the DBTAC to
locate and purchase the program. Employees, and potential employees, have
different issues that are being addressed. Health care is a major issue.
Transportation is vital. Accommodations are a concern. For people who are
currently receiving SSI/SSDI benefits, the loss of critical health benefits can
be a major barrier to finding employment. Some of those concerns may be
addressed in the implementation of the Ticket To Work and Workforce Incentives
Improvement Act, which Congress -passed, and President Clinton signed into law,
last year. The DBTACs have been dedicated to ensuring that their services are
meeting the needs of their customers. Customer satisfaction with the DBTACs is
tracked almost instantly through a system called "ADA Impact Measurement System,
11 or AIMS. This data is collected immediately from phone calls, and longer-term
analysis is done by a postcard survey conducted quarterly. The findings from
these ongoing surveys are used to tailor the services being provided to the
needs of the customers. 94% of employers responding, including businesses and
State and local government agencies, rated their satisfaction as "Very good" or
"Good." 90% of responding employees, disability organizations, advocates, and
individuals with a disability, rated their satisfaction as "Very good" or
"Good." The AIMS program is also able to track the applications of the technical
assistance the DBTACs provide. The findings indicate that the information being
provided is leading to successful outcomes. Employers are providing reasonable
accommodations, improving signage, amending internal procedures to allow access
by all employees, and they are getting a better understanding the law. I believe
these findings indicate that the DBTACs are doing an excellent job of providing
the kinds of technical assistance needed by their customers. There is a study
under way by Cornell University that is looking at the impact of the ADA in the
employment practices of the Federal government and private-sector businesses.
The study began in 1997 and is ongoing through 2001, but the authors have
released some interim findings. The results of this study identify positive
impacts of the ADA as well as some of the challenges to full implementation of
the law. The study solicited survey responses from human resources staff and
equal employment opportunity representatives of over 865 private and 403 Federal
employers. It found that 93% of government and 82% of private employers reported
that they have made their facilities accessible. Some 87% of Federal employers
and 69% of their private counter parts said they had restructured jobs or
adjusted work schedules to assist the disabled. Still, the survey identified
problem areas; for instance, significant numbers of both Federal and private
employers reported that "attitudes/stereotypes" provided a barrier to employing
or advancing workers with disabilities. When asked to identify possible problems
in meeting the needs of disabled workers, the largest response category was
co-worker or supervisor attitudes. The study is finding that more companies are
providing training for managers in accommodations and accessibility under the
ADA. This training is leading to familiarity with the accommodations needed and
the process to achieve them. I think this is a good indicator of the importance
of technical assistance in educating employers. The Cornell study also found
that the most difficult change to make in the workplace was to change the
attitudes of co- workers and supervisors about an employee with a disability.
This barrier may continue to be the most difficult to overcome. Making the
training materials available to everyone, in written, electronic, and recorded
formats should continue to help improve the knowledge and comfort level of non-
- disabled employees regarding employees with disabilities in the work place.
The DBTACs will continue to make these materials available in partnership with
schools, businesses, State and local governments, and the public. The DBTACs, as
well as other technical assistance efforts undertaken within OSERS, are often
conducted in collaboration with other Federal agencies. The DBTACs work closely
with other Federal agencies that are responsible for interpretation and
enforcement of the ADA. The Centers have ongoing relationships with the
Department of Justice, the Equal Employment Opportunity Commission, and the
Architectural and Transportation Barriers Compliance Board (Access Board), and
provide resources and training to the Internal Revenue Service, the Department
of Health and Human Services, the Department of the Interior, and others. All of
the Centers work with the local Rehabilitation Services Administration offices,
the Small Business Administration offices, and the EEOC field offices to provide
referrals and technical assistance. These relationships allow the DBTACs to
provide more thorough service delivery to their customers. Throughout the Office
of Special Education and Rehabilitative Services we are working with other
Federal agencies to improve employment outcomes for people with disabilities. We
are working with the Presidential Task Force on the Employment of Adults with
Disabilities to coordinate strategies to reduce barriers to employment. In
addition, we have taken a lead role in a subcommittee to promote employment
outcomes for youth with disabilities. The President's Committee on Employment of
People With Disabilities, working with the Department of Labor, the Department
of Health and Human Services, and OSERS, continues to conduct a public education
program, called Project Employ, that seeks to improve employment outcomes for
people with cognitive disabilities. RSA made technical assistance funds
available to State VR agencies to assist in providing services. In addition, we
are working actively with the program and civil rights staff of the Department
of Labor on the implementation of the Workforce Investment Act. The Department
of Education is working on an interagency agreement with the Department of Labor
(DOL) providing for DBTAC technical assistance to the DOL One- Stops on ADA
issues regarding accessibility of facilities and use of technology. We are very
eager to ensure the ability of the One- Stop service delivery systems to serve
people with disabilities. RSA staff are currently working with State VR agencies
to provide technical assistance and encourage participation in the local One-
Stops. This involvement should lead to a better understanding of the needs of
customers with disabilities and the role for the VR counselor in the One Stop
system. One might ask, if we are providing the technical assistance that can
facilitate the hiring of more people with disabilities, why aren't more people
with disabilities in the workforce? Employers- consistently note that they are
not hiring more people with disabilities because they are not finding candidates
who have the relevant experience or skill level required for employment. This is
not a new issue. We are trying to address this problem by improving the
education and training of people with disabilities. We have developed employment
projects through both RSA and NIDRR that are improving outreach and
dissemination of research results to help more people get the training they need
to be competitive in the job market. We are marking the 25th anniversary of the
Individuals with Disabilities Education Act this year. In the
past 25 years, we have seen the number of children who are being educated
alongside their non-disabled peers increase dramatically. With the
reauthorization in 1997, we saw the focus of the law move from getting children
with disabilities into the classroom to improving learning and results. We are
working to improve transition services for children with disabilities so they
leave school better prepared to move into higher education and on to the world
of work. School districts are required under the IDEA to ensure that all
children are getting access to a strong curriculum that will give them the
foundation they need to succeed in life after school, and we are helping to
provide the tools to make that happen. Our Rehabilitation Services
Administration supports State Vocational Rehabilitation services that help get
people the education, training, and support services they need to move into
work. Through these programs, States can provide technical training,
transportation assistance, resume-writing and interviewing skills, and other
services that have a direct impact on employment outcomes. The improved outcomes
reflect the effectiveness of their work. From 1992 to 1998, there was an
increase of 19.7% in the number of people who obtained employment through VR.
Improving employment outcomes for people with disabilities involves a number of
efforts and a seamless system of service delivery. It is important that young
people with disabilities have access to a high-quality education. That is the
key to the future. We need to continue to improve the graduation rates for
children with disabilities, which will give them a platform from which they can
go on to further education and have the skills and background that will make
them more competitive in the-job market. -It is vital that we reduce drop-out
rates in secondary school, and that we support efforts to improve access to
postsecondary education for people with disabilities. If students do not stay in
school, their employment opportunities decline dramatically. We are working to
support efforts to ensure that young people are getting the skills and education
they need. And we are supporting projects to ensure that the people who work
with our children are well trained. We have projects that support youth
employment efforts. We have refined our monitoring system to work with States to
improve their efforts to educate all students and prepare them for the world of
work. We have funded technical assistance partnerships that address all areas of
service delivery for children. The Department of Education is committed to
ensuring that children and adults with disabilities have the opportunity to live
fulfilling, independent lives as active members of their communities. The
States, along with the Federal Government, have an important role to play in
ensuring that-local communities understand the implications of failing to comply
with the ADA. There are long- term ramifications for our society if we do not
address the needs of all our citizens and those ramifications have an impact on
the whole country. There are States that are doing really good work in this
area. Vermont's VIR program has a project called Vision 2000 that began in 1997
to create a strategic plan to ensure consumer involvement and choice in
selecting employment goals. The results have lead to a 26% increase in
rehabilitations over the past 3 years. In addition, they have just begun Vision
2005 which will increase employer involvement to develop data bases of available
jobs that list the skills needed to apply for those jobs so candidates can be
better matched with opportunities. This kind of foresight, and cooperative
action between State and Federal agencies, can lead to the improvements in
employment we all want to see. Chairman Jeffords, Senator Kennedy, and members
of the committee, thank you for asking me to be here to discuss this issue. We
need to continue our diligence to ensure that the spirit of the ADA is
implemented, along with the letter of the law, to ensure that all Americans have
access to the independence that is their civil right. In addition, we would be
glad to hold meetings with you and businesses in your communities to look at
ways we can provide assistance to get more people with disabilities into the
workforce across the country.
LOAD-DATE: August 10,
2000, Thursday 
