THE CURRENT STATE OF DVR: National Federation of the Blind Wins Battle for Two Bites at the Apple

National Federation of the Blind Wins Battle for Two Bites at the Apple

By: Kevan Worley

On Friday, May 8, Governor Hickenlooper signed legislation to transfer most programs currently being operated by the Colorado Division of Vocational Rehabilitation from the Colorado Department of Human Services to the Colorado Department of Labor and Employment (see press release below). One week earlier, a committee of General Assembly leaders working with legislative council voted to establish an interim study committee recommended by State Representative Pete Lee, HD 18 Colorado Springs, supported by Senator Michael Merrifield, SD 11 Colorado Springs. This interim study committee will be charged with conducting a thorough review of services being provided to the blind of Colorado and making recommendations to the General Assembly by November of 2015. The study committee was recommended on a bi-partisan vote, 15-3. It will be appointed no later than July 1, 2015. The Blind Coloradan will provide further details about the study committee in our next post. Readers will want to pay close attention to the people, process, and possibilities inherent in the committee brought about through the effort of Legislators Lee and Merrifield. It occurred because the National Federation of the Blind was vigilant. We had a compelling story to tell. The anecdotal evidence of pervasive lack of service to the blind of Colorado over many years was supported by facts and figures. And, our members made friends in the General Assembly.

During the past session of the General Assembly, the National Federation of the Blind has also been working with officials at the Colorado Department of Labor and Employment, the Joint Budget Committee, and a number of progressive organizations and agencies which provide a variety of services and perspectives. Following devastating findings uncovered by audits of the Division of Vocational Rehabilitation two years ago and demands from consumers along with concerns over lack of quality services voiced by Colorado Legislators, the Joint Budget Committee developed legislation which would move DVR from the Department of Human Services to the Department of Labor and Employment. This process was unfolding at the same time the blind of Colorado took our study committee proposal to members of the General Assembly late last fall and into the Winter 2015 Legislative Session. When first hearing of the JBC proposal to transfer DVR, it is fair to say we were skeptical of the move. In the words of disabled civil rights activists stretching back for at least two generations, “nothing about us without us”. We, Colorado’s citizens with disabilities, were not included in the discussion of a possible agency transfer. This is so, despite the fact that the National Federation of the Blind and the Colorado Cross Disability Coalition had been vehemently voicing our dissatisfaction with the level of and appropriateness of services from DVR. For more than two years, the National Federation of the Blind of Colorado has been very specific with our concerns, criticisms, and proposed solutions communicated to Director of DHHS, Reggie Bicha, and the Governor’s office.  

At one point, during 2013 and 2014 a wait list of Colorado citizens with disabilities qualified but not being served by DVR reached more than 7,000. The Colorado Center for the Blind is internationally respected for its cutting edge independence and skill training models. Yet, rare is the student referred to CCB by DVR. Many counselors make a mockery of the legally mandated informed choice provisions. There is no requirement for those few counselors who do work with blind and visually impaired consumers to have subject matter expertise and experience in rehabilitation training and job development specific to blindness. The Business Enterprise Program, with a dedicated front line staff, has received inconsistent attention from upper management allowing the program to languish in obscurity. The BEP has historically been the most successful employment program of the blind in the Nation. To add insult to injury, despite cries from consumers and the insistence of legislators to improve food and vending services, the concessions at the State Capitol Complex directed and overseen by the Business Enterprise Program have often been lack luster at best. Coloradans have also voiced concerns about the way the older independent blind programs are funded and administered. DVR has no commitment to a robust transition program. While most states allow blind teens to open rehabilitation cases in order to receive appropriate and necessary transition services; hundreds of Colorado’s blind teenagers have been summarily turned away.

The NFB and CCDC put together an ad hoc committee, or informal coalition, to review the status and implications of the JBC’s agency transfer legislation. The group studied and strategized. At the same time, leaders of the National Federation of the Blind of Colorado began very frank conversations with Colorado Department of Labor and Employment officials. Julie Deden, NFBCO First Vice President, chairs the State Rehabilitation Council. Julie heard a presentation from Ellen Golombek, Executive Director of Colorado Department of Labor and Employment, in which Ellen outlined her views on the possible transition. Deden also serves as Executive Director for the Colorado Center for the Blind. She reported that she was very impressed with the spirit, integrity, and competence of Director Golombek. Federation leaders also spoke with DVR staff- those who would speak frankly with us, legislative council, and other service providers, including those organizations which were participating in our ad hoc strategy efforts. Forthright conversation, research, a willingness to compromise, and an overwhelming need to improve direct vocational training and employment services caused us to support the JBC legislation, signed by the Governor on May 8^th.

Although the National Federation of the Blind voiced public support for the transition, those who communicated with the General Assembly from both CDLE and DHHS opposed State Representative Lee’s interim study committee on services to the blind of Colorado. Following open, and we think thoughtful, dialog with the Federation initiated by CDLE, they withdrew opposition to the interim committee. Those who represent DHHS did not withdraw their opposition. We happen to know that almost until the 11th hour folks at DHHS advocated, behind the scenes, to oppose the study committee. One might wonder why, since moving DVR from their shop to CDLE was at that point a fait accompli.  Perhaps, yet one more indication of the culture which has prevented imaginative, concrete, progressive, and inclusive services to Colorado citizens?

Already, nine teams consisting of staff members from Department of Human Services and Colorado Department of Labor and Employment are in various stages of the initial work necessary for the departmental transfer to occur by July 1, 2016. According to CDLE officials, one of these transition teams will focus specifically on assuring that stakeholders have significant input into the transition. Important transition items are Budgeting and Accounting, Procurement, Communications (both internal and external), IT, Facilities, Federal Regulations, and others. As one can easily imagine, reorganization will be a monumental task; everything from assigning office space to gaining understanding of Federal regulations by CDLE administration. It seems clear to us that there is already a culture shift underway, specifically with regard to CDLE’s proactive interaction with stakeholders.

Moving the division from one house to another is not a magic fix. But the opportunity to influence major culture change at DVR is at hand. As one member of the National Federation of the Blind put it, “well, things cannot get any worse over there.” In fact, we now have the opportunity to significantly improve culture, staffing, funding, and rehabilitation delivery. After all, we, the blind of Colorado, have two bites at the transition apple. We will be working closely with the interim legislative study committee throughout the summer and fall. This committee will focus specifically on services to the blind and visually impaired of Colorado. At the same time, we will be working closely with officials at DVR’s new home to help ensure that one day soon essential employment and rehabilitation services to the blind of Colorado can become the best in the nation.

Here is the press release issued by The Colorado Department of Labor and Employment:  

Governor Signs Bill to Improve Vocational Rehabilitation and Employment Services

On Friday, March 8, 2015, Governor John Hickenlooper signed a bill transferring the Division of Vocational Rehabilitation, formerly a part of the Department of Human Services, to the Department of Labor and Employment.

The move affords Colorado an opportunity to better respond to the requirements of the Workforce Innovation and Opportunity Act (WIOA).  That new federal law specifically identifies Vocational Rehabilitation as a required workforce partner.  WIOA mandates that workers with disabilities be provided access to high-quality workforce services so they are better prepared for employment.  The legislation signed into law today affords Colorado an opportunity to better respond to the new federal mandates.

But at the heart of the matter, the move supports Governor Hickenlooper’s call to better serve individuals who have previously struggled to participate in the workplace, including thousands of Coloradans with disabilities for whom employment has remained completely out of reach, as well as other groups, such as youth, recently discharged veterans and the long-term unemployed  More than two-thirds of Americans with disabilities do not participate in the workforce at all and disabled job seekers have an unemployment rate more than double that of the general population.

“A job means more than a paycheck,” says Ellen Golombek, Executive Director of the Department of Labor and Employment.  “It means independence, confidence and dignity.  The Governor’s signature on this legislation today calls for us to capitalize on the talents of an important talent pool and to help those workers succeed.  Aligning DVR with the Department of Labor and Employment is a natural fit with our mission to help people succeed in the job market, whatever their barrier to employment may be.”

“The Department of Human Services is proud of the progress we have made in getting people with disabilities reemployed,” says Executive Director Reggie Bicha, “but housing these services with the labor department whose focus is on getting people to work will allow even greater potential.”

Since reorganization is considered a substantive change that affects the provision of vocational rehabilitation services, public meetings must be conducted throughout the state to allow the public, including individuals with disabilities, sufficient opportunity to provide input.

“Much work lies ahead,” Governor Hickenlooper says, “but with this legislation, we are about to take some important first steps.  Housing the Division of Vocational Rehabilitation within the Department of Labor and Employment is a strategy that will strengthen Colorado’s level of service to people with barriers to employment and make Colorado workplaces more inclusive.”

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For immediate release

Date: May 8, 2015
Contact: Office of Government, Policy and Public Relations
Bill Thoennes at (303) 318-8004 or Cher Haavind at (303) 318-8003
Fax: (303) 318-8070
Web: www.colorado.gov/cdle

www.colorado.gov/pacific/cdle/news/governor-signs-bill-improve-vocational-rehabilitation-and-employment-services