The American Indian Vocational Rehabilitation Services Program A History of Tribal Advocacy in Legislative & Regulatory Policy

Presented by:

Marie Parker Strahan, CANAR Legislative Committee

CANAR Mid-Year Training Conference

April 22-24, 2014, Albuquerque, NM

WHY A SEPARATE AIVRS PROGRAM?Native American/Alaska Native individuals with disabilities did not, and still do not, receive adequate services from the State agency VR system.

Isolation/Rural Access Issues

Reservation Status and Tribal Sovereignty

Bias and Prejudice

Language/Cultural Barriers

Transportation Barriers

AIVRS Purpose Statement

“The purpose of this program is to assist tribal governments to develop or to increase their capacity to provide a program of vocational rehabilitation services, in a culturally relevant manner, to American Indians with disabilities residing on or near federal or state reservations. The program's goal is to enable these individuals, consistent with their individual strengths, resources, priorities, concerns, abilities, capabilities, and informed choice, to prepare for and engage in gainful employment. Program services are provided under an individualized plan for employment and may include native healing services.”

Rehabilitation Services Administration

U.S. Department of Education

Authorized by Title I, Part C, Section 121of the Rehabilitation

Act of 1973, as amended. Parts 371/361 Regulations

 

History of Advocacy for VR in Indian Country

1947 - In 1947, the Federal Office of Vocational Rehabilitation and the Bureau of Indian Affairs signed the Cooperative Relationship Memorandum 21 resolving to focus their efforts to serve Indians with disabilities. (No info on impact of Memo 21.)

1973 - There is no reference to “American Indian” in the text of the Rehabilitation Act of 1973, Public Law 93-112, signed into law on September 26, 1973.

Navajo Nation approached Arizona Department of Labor in 1975.

History of Advocacy for VR in Indian Country, cont.

Prior to 1975, VR services non-existent in Indian Country.

1975 – The Arizona Division of Vocational Rehabilitation awarded a three year Establishment Grant to the Navajo Nation Tribal government (required matching funds), to begin serving persons with disabilities living on the Navajo Reservation.

1978 – In the 1978 Amendments to the Rehabilitation Act of 1973, Section 102 required the State VR agency to provide adequate vocational rehabilitation services to handicapped American Indians residing in the State;

Two Key Provisions in 1978 Amendments

1. Established American Indian Vocational Rehabilitation Services under a new part D of Title 1 of the Act. Authorized the Commissioner to make grants (not shall, may) to Indian tribes under Section 130 of the Act for demonstration projects, “under which the tribes shall develop the capacity to administer vocational rehabilitation services for handicapped American Indians residing on or near to Indian reservations.”

2. Authorized grants to Indian tribes under Section 131 of the Act to provide vocational rehabilitation services to handicapped Indians residing on or near to reservations, administered by tribes as a substitute for the services previously administered by the State (unless the State chooses to continue to offer additional services).

1978 Congressional Intent Language(from House and Senate Reports of 1978) --

“. . . services provided under the AIVRS program are to be comparable to those provided under the State VR program.”

“. . . American Indian VR program is a substitute for the State VR services for American Indians living on/near to the reservation and must provide equal access to the same kind of VR program . . .”

Note: In 1978, Congress viewed the AIVRS program as a substitute for State VR services.  

OUTCOME of 1978 Amendments:

In 1978 a tri-state agreement was entered into by the state vocational rehabilitation agencies of Arizona, New Mexico, and Utah.

This agreement combined funds and used those funds to award a grant to the Navajo Nation Navajo to continue serving cases opened during the 1975-1978 Arizona grant period.

(Navajo Times Article Handout)

History of Advocacy for VR in Indian Country, cont.

1981 – Federal regulations published govern AIVRS projects 1981 - Navajo Nation becomes the first reservation.

1985 – Two more projects were funded, the Northern Cheyenne Chippewa-Cree Tribes of Montana

1992 - AIVRS funding went from 3 to 5 year funding cycles and a 10 point preference was assigned to existing programs –

History of Advocacy for VR in Indian Country, cont.

1993 CANAR was formed and AIVRS programs made a philosophical decision to cooperate and not compete with each other.1998 Reauthorization of the Rehabilitation Act... A watershed for rehabilitation systems change… the CANAR 22 (handout) made about 19 significant changes to the Act1998 CANAR became the primary change agent for American Indian Vocational Rehabilitation.

NOTE : 1995 CANAR Conference - AIVRS programs agreed to share information with each other. (Grant periods became 5 yr. vs 3 yr., Rapid growth in Applications - see chart, Rapid increase in Awards)

History of Advocacy for VR in Indian Country, cont.

1999 RSA decided to study the AIVRS Program… award given to Development Associates (DA) in DC… first comprehensive study of AIVR with recommendations for changes in the program.

2002 The DA AIVR study was published, providing a comprehensive look at AIVRS programs, documenting their impact in tribal communities

2003 The CANAR 11 (handout) was developed and compressed to the CANAR 5… awaiting reauthorization

NOTE: Since 1992 the number has steadily grown to 85 federally funded AIVR programs in the US today serving approximately 300 Native communities. Funding has increased from $650,000 in 1981 to approximately $40,000,000 today.

Key Provisions of Current Section 121

1. Commissioner’s Authority to make grants to governing bodies of Indian Tribes.

2. 90/10 Federal/Tribe match requirement (funding or in-kind)

3. Application Requirements:

•Commissioner’s requirements – Grant Competition Package •Assurance that VR services to American Indians comparable to State’s VR •May include services traditionally used by Indian tribes•Assurance that Tribal application developed in consultation with State VR •Indian Self‑Determination and Education Assistance Act applicable

4. Awards for 60 months (5 years).

5. States must continue to provide services to American Indians residing on/near reservation when State includes American Indians in population count [Sec.110(a)(1)]

6. Priority consideration given to AIVR applications for continuation.

7. No separate service system for Indian residents residing in non-reservation areas. 8. Defines reservation as “Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act.”

TODAY –-

Again, today there are 85 AIVR programs located in 26 states representing approximately 300 federally recognized tribes and Alaska Native entities along with approximately 60 state recognized tribes.

Alaska alone has 11 AIVR programs representing 178 of 227 tribal entities.

CANAR is partnering with many individual state agencies, national groups and agencies such CSAVR, CCD, NCAI, NIHB, NRA, RSA, and USDA.

AIVRS Program Growth Data

Fiscal Year New Grants Continuing Grants Total

1981 1 1 1

1986 3 1 4

1990 4 10 14

1991 2 12 14

1992 9 7 16

1993 11 11 22

1994 7 20 27

1995 14 19 33

1996 3 32 35

1997 4 35 39

1998 11 38 49

1999 6 49 55

2000 9 55 64

2001 2 64 66

2002 3 66 69

2003 3 67 69

2004 3 67 70

2005 5 67 72

2006 0 72 72

2007 1 72 73

2008 2 73 74

2009 5 75 80

2010 3 80 83

2011 2 83 85

2012 -- -- 85

2013 -- -- 85

AIVR PROGRAM 2013

CANAR IS KEYIn 1993 CANAR was established as an ad hoc member organization. It was incorporated as a non-profit organization in 2003 with paid staff and offices in New Mexico and Louisiana.

Before CANAR – AIVRS projects were isolated, fragmented, competitive. A total of 4 programs existed Only 3 year grantsLittle or no information sharingLots of resistance from the state VR agenciesAIVRS Support only from RSA Central and Regions 10, 9, and 8

MissionThe mission of CANAR is to serve as

an avenue for collaboration and cooperation between Administrators of rehabilitation projects serving Native American persons with disabilities, to increase and enhance the quality of services resulting in positive outcomes for Native American persons with disabilities.

Why Legislative Advocacy

In 1975 there were no provisions for culturally relevant services for American Indians in the Rehabilitation Act. The term “American Indian” did not appear one time in the text of the Rehabilitation Act of 1973.

The first time the term appears is in the 1978 Amendments to the Act, as a result of Legislative advocacy by the Navajo Nation.

Today (2014) the term “American Indian” appears more than 27 times in the Rehabilitation Act. The AIVRS program successfully serves thousands of individuals in need in hundreds of Native communities throughout the country.

What does CANAR do?

Provides a forum for study, deliberation, Public Education and Advocacy

Establishes clear goals to expand quality rehabilitation services to Native American with disabilities.

Provides a forum for developing and expressing collective points of view on Native American rehabilitation and on issues affecting rehabilitation on reservations, trust territories, Alaskan Native villages and in the nation

Disseminates views and studies to members, elected Tribal and Federal officials, national partners and Federal funding agencies

Conducts and supports research, demonstration, training and technical assistance for improvement of rehabilitation services for Native Americans

Promotes and maintains strong service outcomes of the AIVRS Program

Maintains a strong professional identity for practitioners in Native American/Tribal vocational rehabilitation system

Conducts and supports efforts to increase the number of culturally sensitive Native American practitioners in Vocational Rehabilitation

CURRENT ISSUES (Similar to those in the Past - We are not finished!)

PovertyHigh Unemployment – Poor Local EconomyRural/Remote CommunitiesLanguage and Cultural BarriersLimited Local Resources Lack of Support Services/SystemsMinimal Health Supports Lack of Understanding by Non-Native Federal/State Administrators and non-Indian Communities

Formal and Informal Sources: http://www.canar.org/index.phpRehabilitation Act of 1973, as amended

Treva Roanhorse, President CANAR, Navajo Nation

Marie Strahan, Kansas, Original AZ Grant Staff

Jud Cunningham, Hawaii, Original AZ Grant Staff

Caleb Roanhorse, Navajo Nation, Original AZ Grant Staff

Elmer Guy, Former Director, Navajo Nation Vocational Rehabilitation

Richard Corbridge, Retired RSA

Navajo Times, Navajo Nation

Jimmy Warne, California, SDSU

Jim Downing, U.S. Department of Labor, Former Senate Fellow, CANAR 22

Joseph Kelley, Executive Director, CANAR

CANAR Board of Directors