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Ensuring Equal Opportunity in the Application Process: No Applicant Left Behind

Job Corps Leadership Equal Opportunity WorkshopSeptember 28, 2004Atlanta, Georgia

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Overview

PRH 1 application processDenialsScenarios/lessons learnedHow leadership can ensure equal

opportunity for all applicants

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PRH 1—Outreach

Outreach plan should include a description of materials to be distributed, including center-specific information and materials readily understandable by individuals with disabilities (large print, video, audiotape)

Linkages should include vocational rehabilitation agencies and other disability organizations

Recruitment materials should be provided to disability organizations

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PRH 1—Enrollment Process

Admission counselor (AC) provides applicant with accurate information about Job Corps including EEO information, privacy/disclosure, civil rights/non-discrimination and the right to request accommodation

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PRH 1—Eligibility

AC makes determination of eligibility based on following criteria:– Age (upper age limit waived if disability)– Selective service registration– Citizen or proof of authorized resident status – Low income– Be an individual who is:

• School dropout• Requires additional training in education/vocation• Basic skills deficient• Homeless, runaway or foster child• Parent

– Health disclosure authorization

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PRH 1—Eligibility

During eligibility determination, ACs shall explain to the applicant reasons they may want to self-disclose disability:– Determine if an applicant may be considered

a family of one– Determine if the upper-age limit can be

waivedApplicant response

– Yes/no– Confidential– Not used to determine eligibility

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PRH 1—Additional Factors for Selection

Only collected for applicants who have met eligibility criteria

Not part of eligibilityAC makes a recommendation

for enrollment based on additional factors for selection

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PRH 1—Additional Factors for Selection

AC gathers information about additional factors for selection (e.g., background, needs, and interest)– Signed consent (minors)– Child care arrangements– Background check– ACAT

• Education and training needs met through program• Participate successfully in group situations and

activities• Not engage in behaviors that would prevent others

from benefiting from program or effect relationship between center and community

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PRH 1—Center Assignment and Health InformationApplicant assigned to center with a

conditional offer of participation Collect health information (6-53 form and

documentation from providers)Collect reasonable accommodation

information for applicants with disabilities* (6-53 item 10 and reasonable accommodation form)

* Health and reasonable accommodation information shall have no bearing on a student’s eligibility or center assignment

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PRH 1—Assignment

AC forwards applicant file, the request for accommodation form, and supporting documentation to the center

Files of all applicants who meet eligibility requirements go to center for review regardless of AC recommendation on ACAT, ACs can only deny for eligibility

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Center Review Process Overview

The process should be the same for all applicants– Cannot take longer to process or delay

action on file of applicant with health/disability issues

– Behavior and suitability reviews should be complete before disability is considered, if you would not accept an applicant because of behavior/suitability issues, do not need to consider accepting because he/she has a disability

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Center Review Process

Records department receives file, logs date, and center review process begins

Centers use PRH 1 Appendix 103 Guidelines for Reviewing Applicant Files and regional/center policies to determine whether to accept or reject application– Engaging in interactive process if information from

applicant indicates may be person with a disability– Denying admission for safety reasons (direct

threat) All of files with health/disability issues

should be reviewed by health and wellness manager (HWM) and/or disability coordinator before student is given arrival date

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Center Review Process

If accommodation process in required, interactive process should take place and accommodation should be in place before applicant is scheduled for arrival

Center determines whether to accept or reject file – If center accepts, applicant is given arrival

date– If center rejects, center should prepare file

for regional application review/final determination and notify AC

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Preparing Denials for Regional ReviewWhat does the region need? Request for denial–A clear explanation of why

applicant is being denied. If applicant has a disability and is being denied for safety concerns, clearly document why the applicant is a “direct threat” to self and/or others and provide documentation of IDT meeting that involved applicant.

Health record and supporting documentation–If the recommendation to deny is based on medical/mental health/disability records, those records should be current

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Preparing Denials for Regional Review Log/timeline document

– Tracks events, concerns, assessments, and outcomes

– Document all conversations with others including family/applicant

– Use dates and document everything Behavior/suitability review documents If the student has a disability, documents

related to interdisciplinary team meeting that involved the applicant

Contact person for the applicant/family member who receives or provides information

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Regional Application Review Each region should have written application

review process Review all documentation/records Make further inquiries or assessments, if

necessary Use a log to keep track of all actions related

to review of file (e.g., document all conversations with center staff, and applicant/family)

Consult with National Nurse Consultant if health/disability concerns

Maintain record of denials

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Denial Letters

The denial letter should include: Reason for denial (reference documentation,

description of process, and if appropriate, outside resources consulted

Referral Name and address of Regional Director or

designee for filing written appeal

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Denial Letters

Instructions for what the applicant/student should do if he/she feels discriminated against (language below)

If you think you have been subjected to discrimination under a WIA Title I financially assisted program or activity, you may file a complaint within 180 days from the date of the alleged

violation with: 

The DirectorCivil Rights Center U.S. Department of Labor 200 Constitution Avenue NWRoom N-4123

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Reasonable Accommodation Denials

Keep in mind denial of applicant to program and denial of reasonable accommodation are separate processes

Cannot deny application solely on basis of need to provide accommodation

If denying requested accommodation, must offer alternate accommodation or offer option of participating in program without accommodation (all center denials of accommodation are automatically reviewed by regions)

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Reasonable Accommodation Denials

For reasonable accommodation requests, process is important– Did the center use an interactive process in which

applicant was involved? Was process well documented?– Did the center consider specific accommodations? Did

the center offer alternate accommodations that would allow applicant to participate in program?

– Where outside resources consulted?– What data was used to make denial? How current was

it?– Did the center consider the applicant’s level of

functioning?– If the request was denied, was the denial based on

fundamental alteration or undue hardship?

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Case Study I

Martin applied to Job Corps in January. He had a legal problem that was resolved by the end of the month. The application process continued and a reasonable accommodation form was completed. Martin has a hearing impairment and requested a sign language interpreter.

Break into small groups, review the case in your packet and be prepared to discuss issues/concerns

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Case Study II

John, age 17, presented with an IEP and documentation regarding former accommodations provided in the school system in his home state. John is requesting entry into Job Corps with accommodations (more instructional time and material read to him).

Discussion topics– Center process– Denying application based solely on need for reasonable

accommodation– Start date– Assigning folder to 2nd center/Recruiting outside of GAP

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What Can Leadership Do?

Center Support the disability coordinator and EO officer in

developing a center-wide culture of inclusion Develop center SOP for file review process Require center log to monitor file processing

time/activities (e.g., date file is logged on center and location of file on center)

Have HWM or designee review all applicant files, if possible

Require appropriate staff to contact all students with health/disability issues before arrival

When possible, require that accommodations be in place before student arrives on center

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What Can Leadership Do?

Region Develop regional tracking/audit system to

monitor center file processing time Develop regional SOP for file review process

or review/approve center SOPs Monitor centers/contractors for compliance

and implementation of EO-related activities (e.g., center disability program, OA practices)

Develop regional procedure for removal of application from OASIS

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What Can Leadership Do?

OA Require center and OA logs to monitor file

processing time/activities (e.g., date process begins/entry into OASIS, date file is sent to center, date file is logged on center, number of days file takes to process on center, location of file on center)

Ensure all applicants receive and understand EO information, including reasonable accommodation request form

Other suggestions?