Supported Employment Workforce Innovation Opportunity ACT (WIOA) 10 changes: WIOA and Supported Employment Presented via Skype on February 28, 2018

WIOA was enacted into law July, 2014 Rehabilitation services administration posted final regulations August, 2016. Oregon VR must revise both Oregon Administrative Rules (OAR) and VR procedures (formally called the VR Policy Manual) to align with federal and state law. The Supported Employment Procedures Manual is part of that work.

10 changes: Collaboration with others emphasized Emphasis on services for youth (14-24) Competitive Integrated Employment Part-time employment Extended services for youth Integrated/not competitive (integrated with support) Short term basis Length of Supported Employment Services Documentation Oregon changes

Collaboration with: Extended services funding sources DHS/ODDS, APD OHA/ Mental health The Workforce system The Participant’s Team Collaboration has always been a part of our supported employment regulations but with WIOA, collaboration was called out more specifically and includes agencies/systems that provide both referral to the Program (VR) and extended services to Program Participants who receive supported employment services. Oregon has developed MOU and other agreements with required collaborators including (Medicaid office; agency responsible for those who receive Home and Community Based Services). The Supported employment manual includes a section about the team that could be expected to support and even participate in the Participant’s efforts to gain and maintain employment. 34 CFR361.5(c)19 Extended Services means ongoing support services and other appropriate services that are: (i) needed to support and maintain an individual with a most significant disability including a youth with a most significant disability to; (ii) maintain employment; (iii) based on needs of individual and specified in IPE; (iv) provided after an individual has made transition from support from Program (VR); (v) or to a youth with a most significant disability by Program (for no more than a total of 4 years and not after 25th birthday).

Emphasis on services to youth …..”including youth with a disability/ with a most significant disability….. New services for youth Extended services for supported employment Pre-Employment Transition Services Subminimum Wage services to youth seeking subminimum wage employment

Competitive integrated employment When weighing whether a job is competitive integrated employment, there are two components: Wage, benefits and advancement Business Is typical for the local labor market Participant interacts with individuals without disabilities Competitive integrated employment is the standard requirement for employment in every environment (“regular” wage employment, full time or part time; supported employment, customized employment, self-employment). Integrated applies to business: Is the business typical (note; this would not include businesses that are started for the purpose of employing people with disabilities Does the individual (when doing their job) interact with co-workers who do not have disabilities, NOT including supervisors or support staff; Does the individual have the opportunity at the worksite to interact with individuals without disabilities at the business (e.g., customers; delivery staff) Competitive and integrated cover different aspects of the employment: Opportunity for advancement must be comparable to what others with same skill, experience and doing same job for similar number of hours receive. Competitive primarily has to do with the salary per hour, benefits and opportunity for advancement: salary MUST be no lower than minimum wage; and it must be comparable to what others with same skill, experience and doing same job (and part time, if applies); Benefits must be comparable to what others with same skill, experience and doing same job for similar number of hours receive.

Part-time employment Any type of part-time employment can be a successful rehab if: All rules and definitions apply The job meets the informed choice of the participant If more than one job is required to meet employment goal of hours worked, rules and definitions apply to each one VR-AR-17- 34 CFR 361.5 (c) 15 Employment outcome Full time or, if appropriate, part time competitive integrated employment including customized, self-employment, or self-employment that is consistent with an individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Extended services for youth Ongoing support services and other appropriate services needed to support and maintain an individual in supported employment. Must follow procedures in new manual in deciding: Whether to provide these services The length of services provided 34 CFR 361.5(c) 19 Extended Services means ongoing support services and other appropriate services that are (v) provided to a youth with a most significant disability by the Program (VR) in accordance with requirements set forth in this part and part 365 for a period not to exceed 4 years, or at such time that a youth reaches age 25 and no longer meets the definition of a youth with a disability under paragraph (c) 58 of this section., whichever occurs first. The Program may not provide extended services to an individual with a most significant disability who is not a youth with a most significant disability.

Integrated but not competitive WIOA allowed supported employment placement in integrated but not competitive employment (subminimum wage employment) Must last only for a short term basis This is known as (integrated with support) Oregon chose to NOT use this option

Short term basis Intended for those who because of nature and severity of disability need intensive supported employment services and extended services after transition; where can reasonably anticipate achieving competitive integrated employment; Working in integrated but not competitive setting on a short term basis (6 months) 361.5(c) (53) Supported employment Supported employment—(i) 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, and customized, consistent with the unique strengths, abilities, interests, and informed choice of the individual, including with ongoing support services 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; and Who, because of the nature and severity of their disabilities, 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. For purposes of this part, an individual with a most significant disability, whose supported employment in an integrated setting does not satisfy the criteria of competitive integrated employment, as defined in paragraph (c)(9) of this section 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— Within six months of achieving a supported employment outcome; or In limited circumstances, within a period not to exceed 12 months from the achievement of the supported employment outcome, if a longer period is 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. (Authority: Sections 7(38), 12(c), and 602 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(38), 709(c), and 795g)

Supported employment services Support services can be provided as needed before employment to assure informed choice…., but Supported employment services happen during employment (between starting employment and closing the case file). Maximum time increased to 24 months. Supported employment services also include post employment services The maximum time was previously 18 months 34 CFR361.5(c)19 Extended Services means ongoing support services and other appropriate services that are: (i) needed to support and maintain an individual with a most significant disability including a youth with a most significant disability to; (ii) maintain employment; (iii) based on needs of individual and specified in IPE; (iv) provided after an individual has made transition from support from Program (VR); (v) or to a youth with a most significant disability by Program (for no more than a total of 4 years and not after 25th birthday). 34 CFR361.5(c)37 Ongoing support services (in Supported Employment) means services that: (iii) Are furnished by the designated Program (VR) from the time of job placement until post-employment services (if any) are provided following transition, and therefore by one or more extended services providers throughout the individual’s term of employment in a particular job placement; (iv) include an assessment of specific services or the coordination of services at or away from the worksite needed to maintain stability. 34 361(c) 54 Supported employment services means ongoing support services including customized employment, and other appropriate services 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: (iii) provided by the Program (VR) for a period of time not to exceed 24 months (unless under special circumstances the eligible individual and VR counselor jointly agree to extend the time to achieve the employment outcome identified in the IPE; and following transition, as post-employment services.

Documentation -- must show: Before closing the file, VRC and Participant agree that no additional time is needed (even if used full 24 months); That the employment is competitive and integrated; That it meets Verify wages at employment and at case file closure.

Oregon changes Increased subminimum wage Settlement in Lane v. Brown lawsuit: 20 hour per week standard for planning supported employment (document hours desired in IPE) Greater collaboration between VR and DD

References At the Oregon VR website’s Policy Page Oregon DHS VR policies and rules You will find: VR-IM-17-08 Revised Supported Employment Procedures Manual – Including WIOA (6/30/17) Supported Employment Manual – Oregon Vocational Rehabilitation (03/14/17) VR-IM-18-06 Temporary, Seasonal, On-Call (Intermittent) Employment (Re-issued as IM: 03/30/2017)