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14.0 Supported Employment

Table of Contents

Reference:

34 CFR § 361.5, 361.36, 361.37, 361.41, 361.42, 361.45, 361.46, 361.48, and 361.53

34 CFR § 363.1, 363.3, 363.4, 363.53, 363.54, and 363.55

Sec 7(38) and (39), and Sec 604 of the Rehabilitation Act of 1973, as amended

29 USC - 705 (13)

Effective:

December 1, 2021

Revised:

Duane Mayes signature

Approved: ____________________________________ Date: December 1, 2021

Duane G. Mayes, Director

Policy

1.0 Summary

Supported Employment (SE) is a specialized service delivery system specifically designed for individuals with the most significant disabilities who require assistance in acquiring and maintaining the work-related skills necessary for competitive, integrated employment or to become self-employed. SE is for individuals who have not historically had stable competitive integrated employment and, because of the severity of their disability, need ongoing intensive supports, such as Extended Services, in order to maintain employment.

Under Title I and Title VI of the Rehabilitation Act, special funding is available to provide SE services to those eligible individuals who, because of the significance of their disability, require intensive services to obtain employment and require Extended Services to maintain employment.

The critical identifier in SE is the need for Extended Services, which are long-term supports in the community, beyond Alaska Division of Vocational Rehabilitation (ADVR) case closure. The essential aspect of the Supported Employment model is that without intensive support services, these individuals with a most significant disability would be unable to obtain and maintain competitive integrated employment.

Once an individual has reached job stabilization, ADVR transitions the individual from Ongoing Support Services to another agency or a natural support source that will provide the Extended Services needed to maintain employment. The ADVR case remains open for at least 90 calendar days after stable employment is achieved and the case is closed at the transfer to long-term Extended Services, funded by an entity other than ADVR, to ensure a smooth transition. If long-term supports are not available to a youth with a most significant disability, ADVR may provide Extended Services to the youth for up to 4 years or until the youth turns 25, whichever occurs first.

Ongoing Support Services are time-limited services, up to a maximum of 24 months, which are identified and included on an Individualized Plan for Employment. Comparable benefits for Ongoing Support Services are taken into consideration, and if no other funding source is available, are funded by ADVR from the time of job placement until the transition to Extended Services. Ongoing Support Services shall include an assessment of employment stability and provision and coordination of specific services at or away from the worksite that are needed in order for the individual to maintain stability. This is based on a minimum of twice-monthly monitoring at the worksite of an individual, or if under specific circumstances, off-site monitoring. Offsite monitoring may occur at the request of the individual, but meetings between the individual and the counselor should occur at least twice a month.

At times and under special circumstances, the individual and the VR Counselor, along with VR Manager approval, may jointly agree to extend the 24 months to achieve the employment outcome identified in the IPE.

Extended Services are long-term support services and other appropriate services that are needed to support and maintain an individual with a most significant disability (including a youth with a most significant disability) in supported employment. They are provided and funded by an entity or person other than ADVR, which may include Senior and Disability Services, mental health providers, private nonprofit organizations, the employer/co-workers, or any other appropriate resource including family members. When no other funding source is available, ADVR may fund Extended Services for a youth with a most significant disability for a period of time not to exceed four years, or until such time that a youth reaches the age of 25, thus no longer meeting the definition of a "youth with a disability", whichever occurs first. In all other situations, funding for Extended Services shall come from sources other than ADVR.

1.1 Supported Employment Service Delivery

Supported Employment has been referred to as a "place and train" model, whether with job coaches or through natural supports. Individuals who may not possess all the necessary work or social skills required for immediate employment success are placed into employment. The "place and train" model matches individuals to jobs that are consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Placement is more rapid as there is no delay due to pre-placement training or skill requirements; however, vocational assessment activities should still occur to help determine the most appropriate vocational goal.

Providers develop the best job match for an individual, using flexible strategies to meet the individual's needs and the employer's unmet business needs. Providers then provide ongoing supports and training at the work site on the specific skills and/or behaviors required for the job so that the individual can develop the skills needed to maintain long-term employment with the use of Extended Services.

1.2 Extended Service Providers

For those individuals who require Extended Services to successfully maintain employment but do not have those supports in place at the time of application, the expectation is that the individual or the individual's parent/guardian will actively pursue the necessary supports needed to ensure sustained employment beyond ADVR case closure. DVR will assist the individual and/or parent/guardian in accessing Extended Services to apply for, and get on, the waitlist for waiver-based employment services through referral to Home and Community Based Waiver, or other appropriate service providers.

1.3 Eligibility for Supported Employment Services

Supported Employment (SE) services can be provided to any individual if that individual has been determined eligible for VR services, has a most significant disability, and for whom SE has been identified as the appropriate service delivery method on the basis of a comprehensive assessment of rehabilitation needs.

The VR Counselor should also have a reasonable expectation that the individual will require Extended Services in order to maintain employment, whether the individual is currently receiving such services or not.

1.4 Individualized Plan for Employment (IPE) Development

When developing the Individualized Plan for Employment (IPE), the VR Counselor must have a reasonable expectation that Extended Services are available or will become available to the individual in order to designate the IPE as an SE plan. Whenever possible, the source for these services should be identified as part of the IPE development; however, the provision of services cannot be delayed nor denied if a source for Extended Services cannot be identified in the IPE. In the instance of an individual living in a community in which no long-term service providers exist, ADVR should first:

  1. Work to identify natural supports prior to plan development.

  2. If not successful, proceed with a non-Supported Employment IPE in which DVR can provide the full spectrum of VR services but is unable to provide SE services.

Placement on a waiver waitlist creates a reasonable expectation that Extended Services will become available to the individual as does the intention of the individual to pursue such resources.

1.5 Supported Employment Long-Term Support Agreement

Once an individual is employed, a Supported Employment Long-Term Support Agreement must be completed between ADVR and the Extended Service provider. The Long-Term Support Agreement must include the name of the Extended Service provider, the name of the individual, the funding source, access to financial reports, and must be signed by the Extended Service provider and the VR Counselor. The provider can utilize ADVR's Supported Employment Long-Term Support Agreement or provide the required information in another format.

1.6 Closure

Supported Employment (SE) cases are closed as successfully employed when the individual:

  • Is working in their chosen employment goal

  • Has met or is reasonably expected to meet their goal for hours of employment as stated in the criteria for evaluate progress section of the IPE

  • Is earning minimum wage or above in an integrated setting

  • Has achieved job stability

  • Has the necessary supports in place

  • Is receiving Extended Services through a source other than ADVR.

If the individual is not a youth with a most significant disability and a long-term service provider or natural supports cannot be identified after significant efforts to ascertain a funding source have been made, and documented; or long-term services are unavailable, the case may need to be closed as Extended Services not Available.

1.7 Short-Term Basis

Alaska law prohibits subminimum wage, therefore, ADVR does not support individuals working on a short-term basis as defined in 34 CFR  363.1(c). Short-term basis only applies to individuals with the most significant disabilities working temporarily at a wage that is below minimum wage, it does not apply to any other type of employment.

2.0 Definitions

The following definitions apply in the scope of this Policy.

Competitive Integrated Employment:

Competitive integrated employment means work that is performed on a full-time or part-time basis (including self-employment) and the individual:

Is compensated at a rate that:

  • In Alaska, is not less than minimum wage

  • Is not less than the customary rate paid by the employer for the same or similar work performed by other employees without disabilities who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills

  • In the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals without disabilities who are self-employed in similar occupations with similar tasks and who have similar training, experience, and skills

  • Is eligible for the level of benefits provided to other employees.

Is at a location:

  • Typically found in the community

  • Where the employee with a disability interacts with other employees and other persons without disabilities to the same extent as co-workers in similar positions without disabilities

  • That provides opportunities for advancement that are similar to those offered to other employees without disabilities.

Customized Employment:

Customized employment means competitive integrated employment, for an individual with a significant disability, that is:

  • Based on an individualized ADVR determination of the unique strengths, needs, and interests of the individual with a significant disability

  • Designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer

  • Carried out through flexible strategies, such as:

    • Job exploration by the individual

    • Working with an employer to facilitate placement, including:

      • Customizing a job description based on current employer needs or on previously unidentified and unmet employer needs

      • Developing a set of job duties, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location

      • Using a professional representative chosen by the individual or, if elected, self-representation to work with an employer to facilitate placement

      • Providing services and supports at the job location.

See Policy 11: Individualized Plan for Employment for a detailed definition of Customized Employment.

Extended Services:

Extended Services means long-term support services and other appropriate services that are:

  • Needed to support and maintain an individual with a most significant disability including a youth with a most significant disability, in Supported Employment

  • Organized or made available, singly or in combination, in such a way as to assist an eligible individual in maintaining supported employment

  • Based on the needs of an eligible individual, as specified in an Individualized Plan for Employment

  • Provided by a State Agency, a private nonprofit organization, an employer, or any other appropriate resource after an individual has transitioned from ADVR

  • Provided to a youth with a most significant disability by ADVR for a period not to exceed four years or at such time that a youth reaches age 25 and no longer meets the definition of a youth with a disability. ADVR may not provide Extended Services to an individual with a most significant disability who is not a youth with a most significant disability.

Individual with a Most Significant Disability:

An individual who has a severe physical, psychological, cognitive, or sensory impairment that seriously limits three or more functional capacities such as: mobility, work skills, self-care, interpersonal skills, communication, self-direction, or work tolerance in terms of an employment outcome, and requires multiple Vocational Rehabilitation services over an extended period of time (longer than six months). This designation can only be determined by ADVR.

Job Stability:

The point when the transfer to Extended Services provided by a source other than ADVR can begin. An individual is considered to have reached job stability when:

  • Funding for Extended Services has been identified and secured or natural supports have been established.

  • The individual in supported employment is physically, emotionally, and behaviorally stable.

  • The individual performs their expected job duties with the ongoing level of supported need to maintain stability and is satisfied with the job and work environment.

  • The supervisor reports satisfaction with the individual's job performance.

  • Necessary modifications and accommodations have been made at the worksite.

The individual in Supported Employment is compensated at or above minimum wage and not less than the customary wage paid by the employer for the same or similar work performed by employees without disabilities.

Natural Supports:

Extended Services provided by a supervisor or co-workers on the job site, or by family members on a limited basis. The employer or family member must make the commitment in writing to provide the supports.

Ongoing Support Services:

Ongoing support services means services provided during employment that:

  • Are needed to support and maintain an individual with a most significant disability, including a youth with a most significant disability, once employed

  • Are identified based on a determination by ADVR of the individual's need as specified in the Individualized Plan for Employment

  • Are furnished by ADVR from the time of job placement until transition to Extended 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:

    • At a minimum, twice-monthly monitoring at the worksite of the individual in Supported Employment

    • If under specific circumstances, especially at the request of the individual, the IPE provides for off-site monitoring, including twice monthly meetings with the individual

  • Consist of:

    • Any assessment supplementary to the comprehensive assessment of rehabilitation needs

    • The provision of skilled job trainers who accompany the individual for intensive job skill training at the work site

    • Job development and training

    • Social skills training

    • Regular observation or supervision of the individual

    • Follow-up services including regular contact with the employers, the individuals, the parents, family members, guardians, advocates, or authorized representatives of the individual, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement

    • Facilitation of natural supports at the worksite

    • Any other service identified in the scope of vocational rehabilitation services for individuals

    • Any service similar to the foregoing services.

Supported Employment:

Supported Employment means competitive integrated employment, including Customized Employment or employment in an integrated 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 and customized, consistent with the unique strengths, abilities, interests, and informed choice of the individual, including with ongoing support for individuals with the most significant disabilities:

  • For whom competitive integrated employment has not historically occurred or for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability

  • Who, because of the nature and severity of their disability, need intensive supported employment services and extended services after the transition from support provided by the designated State unit in order to perform this work.

Supported Employment Services:

Ongoing support services, including customized employment, and on-the-job supports needed to support and maintain an individual with a most significant disability, including a youth with a most significant disability, in supported employment that are:

  • Organized and made available singly or in combination in such a way as to assist an individual to maintain competitive integrated employment

  • Based on a determination of the needs of an individual as specified in an IPE

  • Provided by ADVR for a period of time not to exceed 24 months unless, under special circumstances, the individual and the VR Counselor jointly agree to extend the time to achieve the employment outcome identified in the IPE.

Youth with a Disability:

An individual with a disability who is not younger than 14 years of age and not older than 24 years of age, and for purposes of this policy, is a youth with a most significant disability.

3.0 Exceptions

Any exception to Policy must be approved by the Chief of Rehabilitation Services or their designee.

Forms