Director's Corner - The Arc of Cass County

January

Is it time to end sub minimum wage practices in North Dakota?

Among advocates for people with Intellectual and Developmental Disabilities(I/DD), the topic of eliminating sub minimum wages and sheltered employment is as divisive as it gets. Well, the topic is likely to get discussed even more often in the next 60 days.

The U.S. Department of Labor (DOL) issued a proposed rule on 12/4/24 to phase out what are known as 14(c) certificates, or sub-minimum wage certificates. Under a federal law dating back nearly 9 decades, the Fair Labor Standards Act of 1938, section 14(c) of the Act allows employers to obtain a special certificate from the government to pay workers with disabilities less than the current federal minimum wage of $7.25 per hour. Employers, or most often, services providers who offer sheltered workshop employment, use these certificates to provide jobs to people with disabilities who may not be able to find work elsewhere in the community, or who live in a community that has few other options. If the rule is finalized, the DOL would immediately cease issuing new certificates. Additionally, existing certificate holders would have three years to stop paying workers with disabilities subminimum wages. The DOL release stated that “Based on that evidence, the department has tentatively concluded that subminimum wages are no longer necessary to prevent the curtailment of employment opportunities for individuals with disabilities and thus proposes to phase out the issuance of section 14(c) certificates.” ¹

This bold move is the culmination of efforts from numerous disability advocacy organizations across the country after decades of work. Currently, 15 states have passed laws phasing out subminimum wage employment and the number of people with disabilities working under the model has dropped from 296,000 in 2010 to 38,524 in July of 2024 ^{2, 5}. Nearly all these workers have intellectual and development disabilities, and 49% earn less than $3.50 per hour. The number of employers utilizing 14c certificates has dropped from 3517 to 801 between 2010 and 2024. ^2,3,4

Proponents state that much has changed since 1938, the existing policy is outdated, and change is long overdue. Public perception, legal rulings, and policy changes have greatly expanded employment opportunities and rights for people with disabilities. As such, momentum in recent years has shifted toward expanding competitive integrated employment and moving away from sheltered employment and subminimum wage contracts. Changes to federal law and an increasing number of cities and states banning the practice have added to that momentum. In 2014 with the passage of the Workforce Innovation and Opportunity Act (WIOA), strict limits on subminimum wage employment were implemented. Under WIOA, individuals with disabilities age 24 or younger cannot work for subminimum wage without first showing that they have received transition services, pursued employment through vocational rehabilitation and that they have been provided information and referrals to other options in their area. All people being paid sub-minimum wage must receive career counseling and information about training opportunities once every six months during the first year and annually after that.

Opponents to the rule change come at it from two sharply different angles. One group of opponents align with some lawmakers who are in support of eliminating 14(c), but have voiced concerns about policy changes that sidestep Congress. They instead encourage advocates to support the proposals currently stalled in Congress to both phase out 14(c) and add funding and technical assistance to support employment services. The bills are known as the Transformation to Competitive Integrated Employment Act, 2373 in the House of Representatives and 3238 in the Senate. The other group of opponents does not agree with eliminating 14(c), and also want to roll back some of the WIOA requirements. Numerous advocacy entities feel that choice is important, and that some people with I/DD benefit from working in a sheltered workshop and don’t want that option to go away. Furthermore, some people require an environment that is designed for those with special needs. Consider the needs of certain individuals with autism, for example, who may require schedule and environment consistency at a level that is hard to duplicate in a community based job. Or those who may have unique support needs that require room for special equipment, such as a changing table. This group too has its voice in Congress and across the nation.

What often occurs when discuss topics such as this is the answer is not always black and white, and at times passions can run hot. However, the facts show an undeniable trend, the practice of sub-minimum wage employment has decreased by 87%. States that have banned sub-minimum wage have seen competitive integrated employment outcomes increase by as much as 24.5%. ⁵

We know that North Dakota is a leader in the nation when comparing employment outcomes for people with disabilities, and services for people with developmental disabilities are arguable amongst the best in the nation-though I admit to being a bit biased. North Dakota has 7 service providers utilizing 14(c) certificates for 169 people in 2023.⁴We have achieved high outcomes without abolishing subminimum wage and sheltered workshops. However, I strongly believe that our state can do better. An increase of 3.5% in the employment rate would put North Dakota firmly in first place for employment outcomes and the first state to exceed 60% employment rate for people with disabilities.⁶ This goal can be achieved if providers are given the proper resources, technical assistance, and an incentive to serve our rural areas. We can and must do better. After all, doing better is what North Dakotans do.

The proposed rule to eliminate section 14(c) and abolish sub-minimum wages will be up for public comment through January 17, 2025. If you would like to comment, visit the Federal eRulemaking Portal at https://www.regulations.gov. Keep in mind that although DOL officials state they will be reviewing comments as they come in, it will be left to the incoming administration to determine whether or not to finalize the rule. Please feel free to contact The Arc of Cass County and let us know what you think!

1 US Dept of Labor website https://www.dol.gov/agencies/whd/workers-with-disabilities/nprm-employment-of-workers-with-disabilities-14c

2 US Dept of Labor Report to Congress 2023 https://www.dol.gov/agencies/whd/workers-with-disabilities/reports-to-congress

3 US Government Accountability Office web page: https://www.gao.gov/

4 US Dept of Labor website: https://www.dol.gov/agencies/whd/workers-with-disabilities/sction-14c/certificate-holders

5 Association of People Supporting Employment First fact sheet: https://apse.org/wp-content/uploads/2024/08/APSE-14c-Update-REV-Jul24.pdf

6 ND HHS Business Plan: https://www.hhs.nd.gov/sites/www/files/documents/Misc/2024_2025-NDHHS-Business-Plan.pdf

December

“If you want to see competence, it helps if you look for it.”–Douglas Biklen

This month we want to share a great resource for presuming competence when speaking with a person who has a disability from Self-Advocates Becoming Empowered (SABE)

1. Always ask before giving assistance and let the person tell you what you may do to be helpful.

2. Treat adults as adults. Use a typical tone of voice, just as if speaking with a friend or co-worker.

3. In general, do not assume a person can’t read. If support is needed, do it discreetly.

4. Speak to the person directly, not the support staff, parent, or companion.

5. Don’t assume a person who has limited speech cannot understand what is being said. People usually understand more than they can express.

6. Never pretend you understand what is said when you don’t! Ask the person to tell you again what was said. Repeat what you understand.

7. Do not try to finish a person’s sentence or cut them off. Listen until they have finished talking, even if you think you know what they might say.

8. You might not be able to see someone’s disability. Disabilities and abilities may be hidden within a person.

9. Avoid using stereotypes in your thinking. We all have different personalities and our own ways of doing things. To find out what a person prefers, ask them directly.

10. Offer compliments but avoid giving a lot of praise when people with disabilities do typical things.

11. Most people with disabilities want to help others, as well as be supported, and enjoy making a difference in someone else’s life.

12. Look for something that indicates a person understands. Respond to any attempt the person makes to communicate.

13. Avoid speaking for others. Encourage a person to speak on their own behalf. If you must restate something, be careful not to change the meaning.

14. Because some people like to please others, it is important to be mindful of your body language, tone of voice, and other gestures that may influence a person’s decision.

15. Have your support of the person be low-key, almost “invisible” to others. Leave a small footprint and don’t “over-support.”

16. Let a person make their own decisions. Don’t take over and make decisions for them. It can be difficult for some to make quick decisions. Be patient and allow the person to take their time.

17. Focus on what a person can do, not on what they cannot do. All people want a chance to live a typical life, just like everyone else.

18. Find ways to include a person in a conversation. Don’t talk about the person to others as if they’re not there.

Self-Advocates Becoming Empowered

PO Box 30142 • Kansas City, MO 64112 • www.sabeusa.org

November

It is election season again and I want to hear your opinions about what the most critical issues that our I/DD community currently face. Please follow the link to complete the survey, your feedback is very important to us! Click here for survey

1. Access to Inclusive Education:
Education laws exist to support appropriate and inclusive education for individuals with disabilities, many schools still face inadequate resources, lack of trained staff, and barriers to inclusive practices.

2. Employment Opportunities:
Despite Fargo’s high ratings of employment rates for people with disabilities, there are still many with I/DD who remain unemployed or underemployed due to the stigma of low expectations, lack of vocational staff/resources, and insufficient supports in the workplace.

3. Healthcare Access:
Individuals with I/DD often have distinct health needs but encounter barriers such as a shortage of providers experienced in treating I/DD, inadequate insurance, and challenges in navigating the healthcare system. Finding dental care that will take medical assistance can be very challenging.

4. Social Inclusion and Stigma:
Just because a person lives in the community doesn’t mean that they don’t face isolation, and the stigma of reduced expectations. Social isolation and stigma are significant challenges, leading to mental health struggles and reduced opportunities for community engagement and relationships.

5. Support Services and Resources:
Obtaining essential support services has been hampered due to DSP shortages, and/or inadequate training. This creates difficulties in daily living and overall quality of life. Families often struggle due to the additional stress that this issue brings on. As individuals with I/DD age, they may require specialized care that is often not readily available, leading to concerns about health management and living arrangements.

6. Transition to Adulthood:
The transition from school to adulthood can be particularly daunting, and is exasperated with insufficient resources for vocational training, independent living skills, and social integration.

7. Legal Rights and Advocacy:
Some individuals with I/DD may not be aware of their legal rights or lack access to advocacy resources, leading to potential violations of their rights in various settings. Underutilization of Support Decision Making as an alternative to guardianship is a concern for some. Additionally, crime is becoming a real issue even in our fine state. The threat of exploitation via the internet is real and occurring at an increasing rate.

8. Crisis Intervention/Behavioral Health:
People with I/DD may experience behavioral health issues or crises without access to appropriate interventions, leading to increased risks of rights restrictions (often with no planned exit strategy), or institutionalization.

9. Housing & Cost of Living:
The high cost of housing in the Fargo/West Fargo metro has continued its relentless upward climb. Rent, of course, is not the only thing to see price increases. We have seen prices go up with all products. Some people are unable to afford their own apartment.

10. Transportation:
Public transportation is a key component for community inclusion. FM area has a good bus system, but it fails to serve some areas of the metro. Some service providers charge people receiving services for rides that they receive from their support staff.

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October Disability Employment Awareness Month

October is Disability Employment Awareness Month, and it is a month of celebration not just at The Arc of Cass County, but across the nation! Disability Employment Awareness Month (NDEAM) was established in the United States to educate the public about disability employment issues and to celebrate the many and varied contributions of America’s workers with disabilities.

The origins of NDEAM date back to 1945, when Congress declared the first week of October as “National Employ the Physically Handicapped Week.” The goal of this initiative was to address the employment challenges faced by disabled veterans returning from World War II. Over the years the movement grew, as society increased their understanding of disability issues and rights. In 1988, the week-long event was expanded by Congress to recognize the challenges faced by all people with disabilities in finding employment, and officially renamed it National Disability Employment Awareness Month. Today, NDEAM continues to emphasize the importance of ensuring equal opportunity and inclusion for people with disabilities in the workforce, and to thank the employers who provide employment opportunities.

As we recognize this month, it is essential to remember that disability is a part of the human experience. According to the World Health Organization, over a billion people—approximately 15% of the world’s population—experience some form of disability. This includes physical disabilities, mental health conditions, learning disabilities, and many others. Yet, despite this significant number, individuals with disabilities continue to face barriers in employment.

Employers in particular have a unique opportunity—and responsibility—to change this narrative. By fostering an inclusive workplace culture, they can not only empower individuals with disabilities by providing employment opportunities, but also help in changing perceptions and stereotypes. Employment is a big part of all our lives, and that includes people with disabilities. Working is key for people with disabilities to experience full inclusion in their communities. It comes with many of the rewards we all desire – financial, social, and self-fulfillment. So this month-and all year long, let us pull together as a community to raise awareness, and take action to promote inclusivity, and employment!

September

I was reading an interesting article from the Institute on Community Inclusion lately. The article cited data from the Census Bureau for 2021.

The Census Bureau says United States has an estimated population 337,038,009 as of September 2^nd 2024 (1). There is 1 live birth every 8 seconds, a death every 11 seconds, and 1 migrant added to our population every 27 seconds. The net result is that every 15 seconds, our nation adds one more person to our total population (2).

According to research from the Institute on Community Inclusion (3), state funded Intellectual/Developmental Disability (I/DD) agencies provide publicly funded support for 1.58 million people with I/DD, of the estimated 7.39 million people with I/DD living in the US. This article raised a question-Why are 21.4% of people with I/DD receiving publicly funded support services and the remaining 78.6% are not? It could be several issues.

This is a tangled web to unwind when searching for a reason, as many factors come into play. Many people rely upon family members for support, and do not search out and utilize state funded services. Afterall, family knows their loved ones’ better than anyone else. We can assume that many people take it upon themselves to care for their own, regardless of other factors.

People may also have accessed state support services at one time, but no longer want or need the services. After all, it is a needs-based system! Children diagnosed with I/DD may not need state funded support because they developed skills that eliminated the need for support services as adults. We know that many young people utilize special education through high school but decline adult services after graduation.

Perhaps there are people with I/DD who don’t know about support services. There are people that do not know that support is available but need and want the support. Having worked in support services for many years, I worked with many people in Fargo (where information about services in readily available) that did not know about available resources. More can be, and should be, done to ensure that the people who can benefit from available resources are made aware of them.

Additionally, there are many who live in North Dakota who cannot access services due to the location they call home. As I alluded to earlier, in the rural areas of North Dakota, knowledge of services and access to services are major issues. My guess would be that rural areas across the United States face similar issues. North Dakota is among the leaders when looking at dollars spent per capita on I/DD services, and if the issue exists here, it likely exists elsewhere in the nation. I/DD providers in North Dakota who are willing to provide rural services frequently comment about the difficulty in finding staff to do the work- which involves an unreimbursed travel expense (covering greater distances) to provide the services, and to obtain the mandated training necessary to be a qualified direct service staff.

Staff availability is not only an issue in rural areas of our nation and state. Providers in the largest cities in North Dakota are citing the same struggle. A lot of effort has been made to professionalize direct care workers who assist people with I/DD. Direct care staff are referred to as Direct Support Professionals (DSP). To work as a DSP, you must meet hiring and training requirements. When faced with our challenge of promoting inclusion and equality for people with Intellectual and Developmental Disabilities, DSP positions are crucial. We need skilled and qualified people in these positions.
How big of a factor is the DSP staffing shortage in the United States? According to a report from ANCHOR (4) I/DD Providers report:

-83% are turning away referrals due to staffing shortage.

-63% are reducing programs and services.

-55% are considering reduction (or further reduction) of programs and services.

-92% state that they will struggle to meet quality standards due to staff shortages.

This data begs the question, how many people diagnosed with I/DD in the United States are not able to access support services due to the lack of DSPs?
Staff shortages are nothing new, however, some in the field have stated that it has never been this bad. This one issue, in my opinion, has emerged as the primary issue that is impacting our I/DD communities. The answer? Using an often-repeated phrase- “All politics are local”. If we feel that we want a qualified, professional DSP workforce, they need to be paid as such. The DSP’ deserve to be paid a fair wage that reflects the importance of their work. To achieve this goal, we are asking all supporters of The Arc of Cass County to get involved. Write to your legislators! Or, contact the Arc and let us know that you support this effort, and we will do the writing! The Arc offices across the state of North Dakota work together to address this issue, and others, by providing testimony, raising public awareness, and by lobbying legislators. This is an issue that will not go away and will continually need to be addressed in the future to ensure that DSP wages keep up with inflation and provide livable wages to the most important Service Provider positions.

Citations

1. US Census Bureau https://www.census.gov/popclock

2. US Census Bureau https://www.census.gov/popclock

3. Residential Information Systems Project Minneapolis: University of Minnesota, RISP, Research and Training Center on Community Living, Institute on Community Integration. Retrieved from: https://risp.umn.edu.

4. Retrieved from https://www.ancor.org/wp-content/uploads/2022/10/The-State-of-Americas-Direct-Support-Workforce-Crisis-2022.pdf

July

Greetings all! July is Disability Awareness month and I thought it appropriate to discuss a pivotal piece of legislation that impacted all people with disabilities, and our society at large. The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George H.W. Bush. This landmark legislation was a leap forward in the fight for equal rights and opportunities for individuals with disabilities. The ADA prohibits discrimination against people with disabilities in all areas of public life, including employment, education, transportation, and public accommodations.

People with disabilities faced numerous barriers and obstacles that prevented them from fully participating in society. They were often denied access to public buildings, transportation, and employment opportunities simply because of their disability. The ADA changed much of that by requiring businesses and government agencies to provide reasonable accommodations to individuals with disabilities everyone else.

The impact of the ADA has been profound. It has proven to be a societal and culturally changing piece of legislation that has affected the lives of millions. It has opened doors for countless people with disabilities, allowing them to pursue their dreams and reach their full potential.

Before the ADA was passed, individuals with and by ensuring that they have equal access to the same opportunities as potential. Thanks to the ADA, individuals with disabilities can now participate in all aspects of society, from attending school, working, going out to eat, having a beer and a hotdog at a ballgame, utilizing public transportation, and accessing public services-like the library. And yes, people still go to libraries- a lot of them in fact! Understanding and acceptance of people with disabilities has improved due to more people with disabilities participating in the life of their community.

June

We have all noticed it. The lack of cashiers at our favorite grocery store, reduced store hours due to “lack of staff”, and longer lines nearly everywhere we shop or dine. Where have all the workers gone? One thing that I have noticed is the increased prevalence of people with disabilities in the workforce. It is not a new thing, but it is a big thing. 60 years ago, it was practically unheard of for people with Intellectual and Developmental Disabilities (I/DD). At that time, many people with Intellectual and Developmental Disabilities lived in group settings, and their work options were limited to sheltered workshops, where they were frequently paid sub-minimum wages. The economic development we are experiencing in Cass County has created opportunities for higher paying jobs, increased average wages, and employment opportunities for all people in our community.

Curt Markel, Region 5 Program Administrator for North Dakota Vocational Rehabilitation, states “Vocational Rehabilitation works with a diverse group of skilled individuals who may be entering the workforce for the first time, seeking a career change, or currently underemployed and looking for opportunities to fully utilize their potential. The demand for employees in southeastern North Dakota, driven by local business needs and the regional economy, has created opportunities for people with disabilities to explore fields they might not have previously considered working in and opportunities for advancement within companies. Employment opportunities are available for individuals who can demonstrate key work skills, such as reliability, responsibility, effective communication, and the ability to work well with others”.If you are an employer looking for labor solutions, or a person with a disability looking to increase their annual income, contact North Dakota Vocational Rehabilitation at (701)298-4462 for more information.

Jeff Anderson, Executive Director

I have lived in Fargo since 1993 and have spent 30 of those years working in the disability field. I am happily married to my wife Kristen, and have four incredible children-Elsie, Braylon, Eiley, and Boden. We enjoy spending time together, participating in many child-related sports and activities, and playing referee during the daily conflicts between our cat Howie and our two-year-old Labrador Remi.

My experience working in the ID/DD field has been very productive and personally rewarding and I am very happy to return to this field. I have had a long personal history working collaboratively with The Arc of Cass County, and The Arc of North Dakota. I am extremely passionate about improving the quality of life for people with ID/DD, the pursuit of equality and inclusion, and look forward to the many challenges that lie ahead!