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M E M O R A N D U M
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TO:
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Entities Involved in Administration or Operation of
TANF Programs
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FROM:
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Thomas E. Perez
Director, Office for Civil Rights
U.S. Department of Health and Human Services
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DATE:
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January 19, 2001
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RE:
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Policy Guidance - Prohibition Against Discrimination on
the Basis of Disability in the Administration of TANF
(Temporary Assistance for Needy Families)
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The implementation of welfare to work programs presents a
series of challenges and opportunities. One such challenge is
ensuring that welfare reform programs are implemented in a
manner that is consistent with Federal civil rights laws
prohibiting discrimination against individuals with
disabilities.
Notwithstanding gains in work for many TANF clients, other
families with multiple barriers to work are at risk of losing
benefits before obtaining employment or of being unable to
benefit from TANF job training, education, and other
programs. Some former welfare beneficiaries have succeeded in
moving to work despite extraordinary obstacles. However,
others, due to known or unrecognized disabilities, need
additional training, accommodations, and support services to
prepare for or succeed at work.
In an effort to assist you in
understanding the application of Federal civil rights laws
regarding disability discrimination to your programs, we
are issuing the attached policy guidance. This document, entitled
"Prohibition of Discrimination on the Basis of
Disability in the Administration of TANF (Temporary
Assistance for Needy Families)," details how Section 504
of the Rehabilitation Act of 1973 and Title II of the
Americans with Disabilities Act of 1990 interface with welfare to work programs. Our
goal in preparing these materials is to assist you in
recognizing potential civil rights issues and to thereby
enable you to prevent problems from occurring as you carry
out your welfare to work programs.
In August 1999, we issued two-part guidance explaining how
Federal civil rights laws apply to certain aspects of welfare
reform. The purpose of the present guidance is to respond to
additional questions that have been raised regarding the
obligations of State agencies, counties, and service
providers to adopt methods for administering welfare programs
to ensure equal opportunity for persons with disabilities in
all aspects of a TANF program, including applications,
assessments, work program modifications, sanctions, and time
limits.
This policy guidance identifies essential requirements of an
ADA-504 compliant TANF program that the Office for Civil
Rights will apply in its compliance reviews and/or
investigations. These requirements are not new; rather, they
reiterate ADA Title II and Section 504 principles that OCR
has been enforcing for many years.
Many states have already undertaken substantial efforts to
address the needs of individuals with disabilities (see,
e.g., descriptions of state practices on the National
Governors' Association website, www.nga.org). In writing
this guidance, we relied heavily on states' efforts in
our description of "promising practices" -
policies, procedures and other recommended steps that
recipients and covered entities can take to ensure meaningful
access to TANF programs by people with disabilities. These
"promising practice" provisions are not mandatory
requirements; they are one way for TANF agencies to address
ADA/Section 504 obligations.
OCR has provided substantial technical assistance for over 20
years to recipient/covered
entities seeking to ensure that people with disabilities can
meaningfully access social service programs. This guidance
applies that experience to the relatively new challenges
presented in the context of administering TANF programs.
Consistent with OCR's commitment to provide technical
assistance, regional office
staff from both OCR and the Administration for Children and
Families (ACF) will be available to answer questions or
concerns you may have related to the guidance. Further, HHS
is sponsoring in Spring 2001 three regional conferences with
State TANF administrators to facilitate an exchange of
information between States regarding their efforts to
identify barriers to employment (including mental health
issues and learning disabilities) among welfare recipients.
The regional meetings, entitled "Screening and
Assessment in TANF/WtW," and sponsored by ACF and the
Assistant Secretary for Planning and Evaluation (ASPE), will
serve as ideal forums for dialogue regarding the guidance. We
look forward to obtaining your input.
Date of Revision: January 29, 2001
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