Alternative Paths Exist for Those With Learning Disabilities

This post was co-authored by Dr. Miranda Melcher.

Neurodiverse students and those with learning disorders might prefer to enter the job force following high school. Despite the fact that these individuals have the potential to work in occupations of their choosing, multiple factors can lead to unemployment or underemployment. Lynn Koch (2020) suggests that long-term exposure to the negative attitudes and actions of others (e.g., stigmatization, prejudice, bullying, teasing) can result in a restriction of early social and vocational experiences, career decision-making difficulties, negative self-appraisals, and poor worker self-concepts, exacerbating the problem.

The negative attitudes and actions that the neurodiverse and children and adolescents with LDs find in the classroom are likely to be encountered to an even greater degree by adults in the workplace (Koch, Rumrill, & Conyers, 2012). Kosciulek (2004) actually suggests that “social attitudes toward disability may be as important as the disability itself in that the negative attitude of others plays a part in shaping the life role of the individual with a disability". Consequently, approaches to eradicating employment barriers must target both the individual’s functional limitations and work environment barriers, such as negative attitudes and discrimination. Luckily, help is available through the Vocational Rehabilitation Program.

A History of the Vocational Rehabilitation Program

The Vocational Rehabilitation Act was initially enacted in 1920 in the United States. It was created to provide vocational training, employment opportunities, and rehabilitation services to people with disabilities. As described by the Center for Parent Information and Resources, the Act has been further expanded and amended over the years to better address the needs of individuals with disabilities.

One of the notable amendments came in 1973 when Section 504 was added to the Vocational Rehabilitation Act. This section prohibits discrimination based on disability in any program or activity receiving federal funding. It was a groundbreaking step towards ensuring equal opportunities for people with disabilities and has been instrumental in promoting accessibility and inclusion. It requires employers, educational institutions, and other entities to make reasonable accommodations for individuals with disabilities. This helps remove barriers and create an environment that enables people with disabilities to fully participate in society.

Since 1986, the Vocational Rehabilitation Act has required vocational rehabilitation (VR) agencies to “maximize the employment” outcome for those receiving VR services. This change expanded VR services to increase the potential of individuals with disabilities to achieve competitive integrated employment. The Workforce Investment Act of 1998 (WIA) and the Workforce Innovation and Opportunity Act of 2014 (WIOA) both significantly strengthened the Vocational Rehabilitation Act’s original requirements.

Today, VR agencies are found in every U.S. state and offer a wide range of goods and services connected to a person’s vocational goals. Eligible individuals have a right to these services under federal and state laws. The law continues to reinforce and ensure its original intent: “Individuals with disabilities, with appropriate supports and services, are able to achieve the same kinds of competitive integrated employment as non-disabled individuals.” It also now places a greater emphasis on serving people with disabilities, including people with the most significant disabilities, and VR agencies’ responsibility to help them achieve competitive employment in an integrated setting (Rehabilitation Act of 1973, 29 U.S.C. §701 et seq).

The Vocational Rehabilitation Act and the Individuals With Disabilities Education Act (IDEA)

In addition, the connection between the Vocational Rehabilitation Act and IDEA is significant. IDEA, enacted in 1975, ensures that children with disabilities receive appropriate special education and related services. It complements the Vocational Rehabilitation Act by focusing on the educational needs of individuals with disabilities from birth through adulthood. IDEA promotes early intervention, individualized education plans, and transition services to facilitate a smooth transition from school to employment or further education beginning by age 16.

Pre-Employment Transition Services (Pre-ETS)

VR agencies are also now required to direct 15 percent of their public funding to Pre-Employment Transition Services (Pre-ETS). Students are not required to be determined eligible for VR services or have developed an IPE in order to receive these services.

The five required Pre-ETS services that VR can provide to students are:

1. Job exploration counseling
2. Work-based learning experiences, which may include in-school or after-school opportunities or experiences outside the traditional school setting
3. Counseling opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education
4. Workplace readiness training to develop social skills and independent living
5. Instruction in self-advocacy, which may include peer mentoring

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However, as Pre-ETS Services are funded under a designated and limited state VR budget, they are subject to an Order of Selection. As a result, whether the VR Agency will provide pre-ETS or other VR services in secondary school and which services it will provide will depend on several factors, including the student’s VR eligibility, when the eligibility was determined, and when the Order of Selection was instituted.

Dr. Miranda Melcher is an expert on neurodiverse inclusive education and co-author of the book NVLD and Developmental Visual-Spatial Disorder in Children.