Narrative: III. b. 8.

Section 188 of WIOA ensures nondiscrimination and equal opportunity for various categories of persons, including persons with disabilities, who apply for and participate in programs and activities operated by recipients of WIOA Title I financial assistance. WFWV uses the "Promising Practices in Achieving Universal Access and Equal Opportunity: A Section 188 Disability Reference Guide'' as a boilerplate in assuring compliance with Section 188 of WIOA. The guide is designed to ensure meaningful participation of people with disabilities in programs and activities operated by recipients of financial assistance under WIOA, including those that are part of AJCs.

The guide outlines promising practices in the provision of universal access and equal opportunity to programs and activities under WIOA. Using the guide in coordination with the Governor’s WIOA Non-Discrimination Plan, WFWV monitors its own compliance and that of its recipients with Section 188 and its implementing regulations that pertain to persons with disabilities.

The West Virginia WDS is committed to ensuring physical and programmatic accessibility at its locations, including those at one-stop centers (AJCs). Policies and procedures have been developed at the state and local levels to certify one-stop locations, based in part on an assessment of accessibility.

At the state level, WVWDB Policy 300-02 One-Stop Delivery: Comprehensive and Affiliated One-Stop Centers addresses the need for AJCs to provide accessibility and reasonable accommodations. WIOA stresses physical and programmatic accessibility, including the use of accessible technology to increase access to high quality workforce services to individuals with disabilities.   Policy 300-05 One-Stop Center Certification sets a criteria for certification that includes Evaluations of Effectiveness for Accessibility for Individuals with Disabilities to Evaluate Compliance. 

One-stop centers must effectively serve individuals with disabilities as measured by the following criteria:

(a) Providing reasonable accommodations for individuals with disabilities.

(b) Making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination against persons with disabilities.  Disability discrimination is against the law. We shouldn’t just be avoiding it.  Policies, procedures, and practices should be built to be universally available regardless of disability instead of modified if applicable.

(c) All programs and services must be equally open and accessible to all individuals, there shouldn’t be settings which would be “more” integrated as that implies there are settings that are less integrated.

(d) Communicating with all people regardless of disability or any other difference equally using assistive technology or other strategy to remove a handicap (note, handicap is different from a disability).  It is a barrier experienced by the disabled, the disability itself is not the barrier. For example, an office that is not accessible for someone with motility issues, that creates the handicap. Fixing the handicap is installing a ramp for example.

(e) Providing appropriate auxiliary aids and services, including assistive technology devices and services, where necessary to afford individuals with disabilities an equal opportunity to participate in, and enjoy the benefits of, the program or activity.

To provide guidance to Local Boards, Chief Elected Officials, and one-stop system partners concerning the criteria to be used to evaluate and certify one-stop centers, the WVWDB developed Policy 300-05 One-Stop Center Certification, which establishes what the WVWDB considers the baseline, or minimum, requirements for AJC certification. Among the numerous requirements, potential AJCs must meet requirements regarding programmatic and physical accessibility, such as providing reasonable accommodations and completing regular accessibility reviews. WFWV provides guidance and technical support related to Policy 300-05.

Policy 300-03 Requirements of Local Memorandum of Understanding provides guidance for what must be included in a One-Stop MOU to include Access.  The MOU must include methods to ensure the needs of workers, youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in providing access to services, including access to technology and materials available through the one-stop system.

To afford individuals with disabilities an equal opportunity to participate in and enjoy the benefits of WIOA Title I programs and activities, AJCs must furnish appropriate auxiliary aids or services where necessary. In determining what type of auxiliary aid or service is appropriate and necessary, AJCs must give primary consideration to the requests of the individual with a disability, which means honoring the choice unless the agency can demonstrate that another equally effective means of communication is available or that using the means chosen would result in a fundamental alteration in the service, program, activity, or undue financial and administrative burdens. There are many forms of reasonable accommodations, and the individual with a disability and the AJC should work together to identify the most effective reasonable accommodation for each individual through informal discussions known as the “interactive process” whereby the individual is provided the opportunity to articulate their needs, and the AJC is able to determine how best to meet those needs.

At the local level, LWDBs have their own policies and procedures to ensure accessibility and certify one-stop locations. For example, Region 4 WIOA Policy: #23 - Accessibility and Accommodation establishes that programs, services (including services using technology and the Internet), and facilities of the AJCs in the LWDB region are accessible to all. The Region 4 Equal Opportunity (EO) officer conducts ADA assessments annually for all offices of WFWV in Region 4. In addition, an inclusion team has been created as a subset of the One Stop Managers and is charged with making sure the AJCs are accessible and can accommodate all customers regardless of disability or limitations. The inclusion team conducts annual (or more) “secret shopper” walk-throughs by individuals with various barriers to determine areas that need improvement and highlight areas that are working well. Technology is used to provide access to documents in an accessible manner to customers who may need them in a larger format, different language, etc. The lobby of the AJC is laid out to be friendly to persons with various barriers, and staff can access appropriate offices to accommodate persons as necessary. AJC staff are provided with training at least annually to assist them in understanding how best to provide services to customers with various barriers to employment/training. For example, all WIOA staff at the AJC have completed “Welcoming Customers with Disabilities” training from the ADA website, and the AJC has recommended it to partner staff. Additional sources of training include the Job Accommodation Network and the Civil Rights Center. The inclusion team meets monthly to discuss issues and determine how to address any current needs using partner resources, technology and other appropriate means.

As the VR core partner agency, DRS is readily available to provide disability-related technical assistance, provide one-stop staff training, and other related assistance to AJCs across the state. DRS’ Rehabilitation Technology Unit is available statewide to provide detailed ADA assessments, recommendations for rehabilitation technology, and engineering plans/drawings. DRS also provides training and technical assistance relating to assistive technology, including various hardware and software options. The DRS Information Technology Unit is available to provide assessments and technical assistance relating to websites, electronic documents, etc. to ensure accessibility and Section 508 compliance. An example of these services can be found in Region 5, where DRS staff regularly meet with AJC staff to identify opportunities for improvements at regional AJCs, conduct cross-training, provide technology assistance for AJCs, and coordinate programs and services to better address the diverse needs of job seekers with disabilities. As a result, staff are better able to identify advanced opportunities for individuals with disabilities, as well as the possibility for co-enrollment in other programs.

The WV Division of Rehabilitation Services (WVDRS) makes its services and expertise available to all workforce development regional boards and One-Stop/American Job Center locations.  This includes providing physical and programmatic assessments for compliance with the Americans with Disabilities Act to ensure all job seekers are provided any needed accommodations, as appropriate.