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98th US Congress (1983-1984). (1983). Public Law No: 98-151. A joint resolution making further continuing appropriations for the fiscal year 1984. Retrieved July 11, 2016, from https://www.congress.gov/bill/98th-congress/house-joint-resolution/413?q=%7B%22search%22%3A%5B%22%5C%22Sheltered+Workshop%5C%22%22%5D%7D&resultIndex=51
In addition to other things it prohibits the procurement by contract of any service which, before the date of enactment of this joint resolution, was performed by individuals in their capacity as employees of the General Services Administration in any position of guards, elevator operators, messengers, and custodians, except for contracts with sheltered workshops employing the severely handicapped.
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113th Congress of the USA. (2014). HR 803 (Workforce Innovation and Opportunity Act)--Amend WIA of 1998. Washington DC. Retrieved from http://www.mass.gov/massworkforce/resources/wioa/wioa-hr-803.pdf
Congressional bill written to amend WIA of 1998. Explains the purpose of the amendments, the role of federal, state, and local entities, outlines performance accountability systems. Discusses Workforce Investment activities and providers. Discusses youth workforce investment activities, state allocations, general authorizations and provider eligibility, while outlining the roles of Job Corps Centers, One-Stops, workforce councils, job placement services, advisory committees, experimental projects and technical assistance and application of state and federal laws.
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Blanck, P. (Personal Communication, July 19, 2011).
Letter on behalf of the Burton Blatt Institute (Syracuse University) to U.S. Senators Harkin, Enzi, Murray, and Isakson of the HELP committee inviting them to review research pertaining to people living with disabilities and their capacity to work in integrated settings and asking senators to "strike the proposed section of 511 of the Workforce Innovation Investment Act the provision that makes subminimum wage payments a part of the vocational rehabilitation process."
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Crane, S. (2014). Defining community: Implementing the new Medicaid Home and Community-Based Services rule.Retrieved from http://autisticadvocacy.org/wp-content/uploads/2014/09/Guide-for-Administrators.pdf
Outlines policies and procedures pursuant to implementing the Medicaid hope and community-based services for people living with Autism. Report explains how Medicaid Home and Community Based Services defines billable services. Specific requirements for integrated employment services reimbursement are outlined on pages 21-22.
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Crawford, M., & Goodman, J. (2012). Below the Minimum: A Critical Review of the 14(C) Wage Program for Employees with Disabilities. Hofstra Lab. & Emp. LJ, 30, 591–632.
This law review provides historical context for the special wage certificates known as 14(c) which allow employers to pay people with disabilities subminimum wages for their work. It provides a history of the FSLA 14(c), process of obtaining a 14(c), systemic problems associated with 14(c), provides analysis of the regulations, policy, oversight and enforcement of the 14(c), examines the employers objectives in obtaining a 14(c), delineates past measures to reform/repeal the 14(c) and proposes ways to create reform or complete repeal of the 14(c).
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Gardner Armsby, J. (2015). The war on sheltered workshops: Will ADA Title II discrimination lawsuits terminate an employment option for adults with disabilities? Georgia State University Law Review, 31(2). Retrieved from http://readingroom.law.gsu.edu/gsulr
Law review exploring history of sheltered workshops, applicable statutes and cases. Discusses how other states have dealt with sheltered workshops. Discusses under what circumstances sheltered workshops can be considered discriminatory under federal law using the Olmstead decision and other applicable laws as a premise. Discusses how eliminating sheltered workshops entirely may be discriminatory. Explains why in general sheltered workshops fail to meet the needs of people with disabilities. Proposes courts apply the Olmstead to Title II of the ADA to challenge state-funded employment services, how states can create "Olmstead Plans for Employment Services," and states preserving sheltered workshops as an option for clients who choose to participate in them and for individuals not "qualified" to receive community-based services.
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Golde, T. (2016). Pennies an hour: Was this really the intent behind § 14(c) of the Fair Labor Standards Act? A note calling for a system change to an otherwise broken system. Texas Tech Law Review, 48, 459–505.
Provides historical context of the FLSA (§14(c) special certificates), recent court cases involving SMW, context of federal laws regarding employment of people with disabilities, summarizes Vermont’s success in transitioning people in §14(c) sheltered workshops to competitive employment, outlines current efforts in Texas to implement Vermont's practices.
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Hoffman, L. C. (2012). An employment opportunity or a discrimination dilemma?: Sheltered workshops and the employment of the disabled. University of Pennsylvania of Law and Social Change, 16(January 2011), 151–179.
Provides historical background of the employment of people with disabilities. Details the history and US policies on employment of people with disabilities. Explains interplay of influence through court cases, US policies and laws. Discusses international policy on sheltered workshops. Discusses the pros and cons of having people with disabilities work in a sheltered environment. Outlines actions which have been taken towards shifting and eliminating sheltered workshops. Discusses the US Employment First Movement, changes in transition policies, litigatory efforts to desegregate the workplace, efforts people have made to alter US and international policies pertaining to sheltered workshops.
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Perez, T. E. (2015). The Fair Labor Standards Act: A living document. Industrial Relations: A Journal of Economy and Society, 54(4), 529–532.
Although this article does not specifically mention workers with disabilities or sheltered workshops, it provides valuable information on the FLSA, written by the Secretary of Labor for the Obama Administration. It gives the law’s background, its evolution and touches on Executive Order #13658 and how it will affect American workers. It also delineates measures the administration is taking to enforce the FLSA.
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Turner, E. (2000). Editorial: Address to the United States Presidential Task Force on employment of adults with disabilities, April 7, 2000. Journal of Vocational Rehabilitation, 14(3), 145–146.
The unemployment rate among people with severe disabilities is at 70% ten years after the passage of ADA. In his address to the Presidential Task force, Ed Turner make the following four recommendations to increase employment among people with disabilities: stop allowing VR providers to count placement in a sheltered workshop as a successful case closure, Create a federal tax credit for people who use Personal Assistance Services (PAS) in the workplace, allow people with disabilities who are employed less than 25 years after the passage of IDEA to earn as much as they want without losing social security benefits, and extend the double deduction tax benefit allowed for people with visual impairments to people with any type of disability.
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Wehman, P. (Ed.). (2001). Supported Employment in Business: Expanding the Capacity of Workers With Disabilities (1st ed.). St. Augustine: Training Resource Network Inc.
This book is a collaborative effort of 31 leaders in supported employment who wrote 19 chapters addressing issues specific to supported employment and can be used as a reference book covering topics like implementation, funding, transition, economics of running a supported employment program, policy, job development and intervention techniques. (We will include several of these articles specific to policy and procedure as separate items in this literature review).
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