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Laws and regulations DVR Waver
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2014 Employment First Legislation An Act relating to persons with disabilities, which established employment first as a state policy to support competitive employment in an integrated setting, was enacted by the Wyoming Legislature in 2014. This Act requires agencies to support competitive and integrated employment; requires state agencies working with home and community based waiver service providers to implement employment first policies; requires state agencies to report on employment data; provides definitions; and provides for an effective date.
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"Competitive employment" means work in the competitive labor market that is performed on a fulltime or part-time basis in an integrated setting, and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled;
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"Employment first" means a concept to facilitate the full inclusion of individuals with disabilities in the workplace and community. Under the employment first approach, community based, integrated employment is the first option for employment services for children and adults with disabilities. Employment first includes competitive employment in an integrated setting;
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"Integrated setting" means with respect to an employment outcome, a setting typically found in the community in which applicants or eligible individuals interact with individuals who do not have disabilities, other than nondisabled individuals who are providing services to those applicants or eligible individuals, to the same extent that individuals who do not have disabilities interact with other persons in comparable positions.
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The Workforce Innovation and Opportunity Act(WIOA) will help job seekers and workers access employment, education, training, and support services to succeed in the labor market and match employers with skilled workers they need to compete in the global economy. President Barack Obama signed WIOA into law on July 22, 2014. The Act takes effect on July 1, 2015
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Improves Services to Individuals with Disabilities: WIOA increases individuals with disabilities’ access to high-quality workforce services to prepare them for competitive integrated employment. It requires better employer engagement and promotes physical and programmatic accessibility to employment and training services for individuals with disabilities. Youth with disabilities receive extensive pre-employment transition services to obtain and retain competitive integrated employment. It creates an Advisory Committee on strategies to increase competitive integrated employment for individuals with disabilities.
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WIOA supersedes the Workforce Investment Act (WIA) of 1998 and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973.
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Department of Labor (DOL) To foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.
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The Department of Labor's Employment and training Administration (ETA)provides funds and administers grant programs that offer training and employment assistance to people with disabilities.
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Americans with Disabilities Act (ADA) of 1990 Is a civil rights law that Protects qualified individuals with disabilities from discrimination and provides for equal access and opportunity.
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A Reasonable Accommodation: To remove carpet or place something over it so an individual can propel a Manuel wheelchair Providing a hand truck to move stuff, instead of lifting. Obtaining or modifying equipment or devices.
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The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information
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Fair Labor Standards Act (FLSA) The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.
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The Rehabilitation Act of 1973, Section 503 Section 503 of the Rehabilitation Act of 1973 prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain, and promote qualified individuals with disabilities. All covered contractors and subcontractors must also include a specific equal opportunity clause in each of their nonexempt contracts and subcontracts.
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Both the ADA and Section 503 of the Rehabilitation Act of 1973 cover persons with a wide range of mental and physical impairments that substantially limit or restrict a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for one's self, learning, or working.
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Something fun to break it up???
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Use to duplicate Division of Vocational Rehabilitation (DVR) The Division of Vocational Rehabilitation is a federal-state program that works with people who have physical or mental disabilities to prepare for, gain or retain employment. Eligibility Criteria: 1. Individual has a physical or mental impairment. 2. Impairment poses a substantial impediment to employment. 3. Individual requires services from DVR to prepare for, gain, or retain employment. Services that VR provides: · As part of their core services, DVR provides to all clients eligibility assessments, counseling and guidance, information and referral services, and job search and job placement services. Any additional services that a person with a disability may need are individualized to their specific disability and employment goal.
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Use to duplicate
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Starting July 1 st, 2015 Wyoming Department of Health Developmental Disabilities waiver will require all providers to be certified in employment services for several services. A Supported Employment provider shall, within one (1) year of becoming certified in employment services, have one (1) employee working at least half of their time as a job coach or job developer that is certified in a nationally recognized supported employment curriculum approved by the Division for every ten (10) participants served in this service.. Chapter 45 Rules and Regulations
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The Comprehensive and Supports waivers offer five new employment services with better supports to help you gain and keep employment that match your strengths, needs, and interests. Waiver Programs
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These services provide learning and work experiences, including volunteer work where the individual can develop general, non-job-task- specific strengths and skills that contribute to employability through paid employment in an integrated community setting. Prevocational services are time- limited, not to exceed 12 consecutive months and cannot be repeated during the subsequent plan year.
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Employment Discovery and Customization Employment Discovery and Customization is the individualized determination of the strengths, needs, and interests of the participant and is designed to meet the specific needs of the employee and employer relationship.
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Small Group Supported Employment Small Group Supported Employment services consist of intensive, on-going supports that enable a participant, for whom competitive employment is at or above the minimum wage is unlikely absent the provision of supports; and who, because of his/her disability, need supports to perform in a regular work setting, including mobile work crews or enclaves. These services are conducted in a variety of settings, particularly work-sites where persons without disabilities are employed.
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Individual Supported Employment Individual Supported Employment services are the 1:1 supports available to a participant who, because of their disability, needs intensive or on-going support to obtain and maintain an individual job in competitive or customized employment, or self-employment, in an integrated work setting, in the general workforce for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by an individual without a disability.
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Supported Employment Follow Along Supported Employment Follow Along are services and supports that enable a participant who is paid at or above the federal minimum wage to maintain employment in an integrated community setting. Service is provided for or on behalf of the participant through intermittent and occasional job support, communicating with the participant’s supervisor or manager, whether in the presence of the participant or not.
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Prevocational Services Prevocational services are services designed to create a path to integrated community based employment for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities.
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A Supported Employment provider shall, within one (1) year of becoming certified in employment services, have one (1) employee working at least half of their time as a job coach or job developer that is certified in a nationally recognized supported employment curriculum approved by the Division for every ten (10) participants served in this service.. Chapter 45 Rules and Regulations
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