Current through all regulations passed and filed through September 16, 2024
(A)
Definitions
(1)
"Supported
employment" means competitive integrated employment, including customized
employment, or employment in an integrated work setting in which an individual
with a most significant disability, including a youth with a most significant
disability, is working on a short-term basis toward competitive integrated
employment that is individualized, customized, and consistent with the unique
strengths, abilities, interests, and informed choice of the individual,
including ongoing support services for individuals with the most significant
disabilities for whom:
(a)
Competitive integrated employment has not historically
occurred or competitive integrated employment has been interrupted or
intermittent as a result of a significant disability;
(b)
Due to the nature
and severity of their disabilities, the individual needs intensive supported
employment services and extended services after the transition from support
provided by the designated state unit, in order to perform this
work.
(2)
"Supported employment services" are ongoing support
services that are organized and made available, singly or in combination, in
such a way to assist an eligible individual with a disability to achieve
competitive integrated employment based on a determination of the needs of an
eligible individual, as specified in the individualized plan for employment
(IPE).
(3)
"Ongoing support services" means services that:
(a)
Are needed to
support and maintain an individual with a most significant disability,
including a youth with a most significant disability, in supported employment;
and
(b)
Are identified based on a determination by OOD of the
individual's need as specified in an IPE.
(4)
"Extended
services" mean ongoing support services and other appropriate services that
are: needed to support and maintain an individual in supported employment;
based on the needs of an individual, as specified in an IPE; and provided by a
state agency, a private nonprofit organization, employer, or any other
appropriate resource, after an individual has made a transition from support
from OOD.
(B)
Ongoing support services are furnished by OOD from the
time of job placement until transition to extended services, unless
post-employment services are provided following transition, and thereafter by
one or more extended service providers throughout the individual's term of
employment in a particular job placement.
(1)
Ongoing support
services include an assessment of employment stability and provision of
specific services or the coordination of services at or away from the worksite
that are needed to maintain stability based on:
(a)
At a minimum,
twice-monthly monitoring at the worksite of each individual in supported
employment; or
(b)
If under specific circumstances the IPE provides for
off-site monitoring, twice monthly meetings with the
individual.
(2)
Ongoing support services may consist of:
(a)
Any
particularized assessment supplementary to the comprehensive assessment of
rehabilitation needs;
(b)
The provision of skilled job trainers who accompany the
individual for intensive job skill training at the work site;
(c)
Job development
and training;
(d)
Social skills training;
(e)
Regular
observation or supervision of the individual;
(f)
Follow-up
services including regular contact with the employers, the individuals,
parents, family members, guardians, advocates or authorized representatives of
the individuals, and other suitable professional and informed advisors, in
order to reinforce and stabilize the job placement;
(g)
Facilitation of
natural supports at the worksite;
(h)
Any other service
identified in the scope of vocational rehabilitation services for individuals;
or
(i)
Any service similar to the foregoing
services.
(C)
An individual
with a most significant disability, whose supported employment in an integrated
setting does not satisfy the criteria of competitive integrated employment, is
considered to be working on a short-term basis toward competitive integrated
employment so long as the individual can reasonably anticipate achieving
competitive integrated employment under the following circumstances:
(1)
Within six months
of achieving a supported employment outcome; or
(2)
iI limited
circumstances, within a period not to exceed twelve months from the achievement
of the supported employment outcome if necessary based on the needs of the
individual, and the individual has demonstrated progress toward competitive
earnings based on information contained in the service record.
(D)
Supported employment services provided by OOD shall not
exceed twenty-four months. The individual and the rehabilitation counselor may
jointly agree to extend the time to achieve the employment outcome identified
in the IPE when the individual has made substantial progress toward meeting the
hours-per-week work goal, and there is no break between short-term services and
extended services.
(E)
OOD may provide extended services only to a youth with
a most significant disability. Extended services shall terminate after four
years or until the individual reaches the age of twenty-five, whichever occurs
first.
(F)
Transition to extended services may not occur until the
youth with a disability has reached job stability and has substantially met
their work goal.
(G)
OOD may provide supported employment services after
successful closure and transition to extended services, if post-employment
services are needed to maintain or regain the job placement or advance in
employment but are unavailable from the extended services
provider.
(H)
This rule is designed to implement the Workforce
Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.
Replaces: 3304-2-60
