1310.00 Supported Employment Policy

(Revised December 2018)

Table of Contents

Description

Supported employment means competitive integrated employment, including customized employment, or employment in an integrated work setting in which an individual (including a youth) with a most significant disability who may be 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.

The goal of supported employment is for an individual to achieve employment in a competitive integrated setting for the maximum number of hours possible based on the individual’s employment factors.   A key characteristic which distinguishes supported employment from other employment services is the provision of ongoing support services for individuals with the most significant disabilities to maintain employment.  Ongoing support services are provided throughout the intensive and extended phases of supported employment. 

Definitions

Competitive Integrated Employment refers to work that is performed on a full or part-time basis (including self-employment) and establishes three essential criteria for employment: competitive earnings (which are at least minimum wage), integrated location, and opportunities for advancement.

Customized Employment means competitive integrated employment, for an individual with a most significant disability, which is based on an individualized determination of the unique strengths, needs, and interests of the individual and designed to meet the specific abilities of that person and the business needs of the employer.  It may include, but is not limited to, customizing a job description, developing specific job duties, identifying a work schedule, and/or providing services and supports at a job location.

Employment Outcome means entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market, supported employment, or any other type of employment in an integrated setting, including self-employment, telecommuting, or business ownership, that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Extended Services are the ongoing support services that are needed to support and maintain the individual in supported employment.  Extended services are provided after an individual has made the transition from intensive supported employment services to stabilization. Extended services may not be funded by federal vocational rehabilitation program funds except when provided to youth with the most significant disabilities for up to a maximum of four (4) years or until the individual reaches age 25 whichever occurs first.  Extended services are provided by a State agency, a nonprofit private organization, employer or any other appropriate resource.  In New York State, funding for extended services is most often provided by the Office for People With Developmental Disabilities (OPWDD), the Office of Mental Health (OMH) or New York State Education Department (NYSED) Extended Services Funding.

Individual with a Most Significant Disability is a person with a severe physical or mental impairment that seriously limits three or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) impacting an employment outcome and whose vocational rehabilitation will require multiple vocational rehabilitation services over an extended period of time (six (6) months or more).

Intensive Services are provided both on and off the job site as frequently as necessary. Training should be directly related to the employer’s specific requirements and services should be customized to meet the individual needs of the person.   The intent of supported employment services is to provide ongoing support services necessary to assist the person with learning specific work duties and performance standards; learning formal and informal site-related expectations; acquiring site-appropriate work related behaviors; understanding and using the benefits of employment (e.g., spending pay, using leave, participating in employee programs, employer benefits, understanding and using the benefits of  working under direction from the supervisor, and socializing with co-workers); and developing a community support system that accommodates and positively reinforces the employee’s role as a worker.   

Natural Supports are supports from supervisors and co-workers, such as mentoring, friendships, socializing at breaks and/or after work, providing feedback on job performance, or learning a new skill through the assistance of a supervisor or co-workers.  These natural supports are particularly effective because they enhance the communication and social integration between the employee with a disability and his/her co-workers and supervisor.  In addition, natural supports may be more permanent, consistently and readily available, thereby facilitating long-term job-retention.  Friends and family members may also provide significant supports such as assistance with transportation and problem-solving issues pertaining to work.

Ongoing Support Services are defined as services that are needed to support and maintain an individual (including a youth) with a most significant disability in supported employment.  Ongoing support services are to be provided as needed regardless of whether the individual is in the intensive or extended phase of supported employment. 

Participant in Vocational Rehabilitation is defined under Workforce Innovation and Opportunity Act (WIOA) as a reportable individual who has an approved and signed Individualized Plan for Employment (IPE) and has begun to receive services. 

Short-Term Basis refers to employment in an integrated setting in which the individual is working toward competitive integrated employment that is individualized and customized consistent with the unique strengths, abilities, interests, and informed choice of the individual.

Supported Employment Services are the ongoing support services, including customized employment and other appropriate services that are necessary to support and maintain an individual with a most significant disability in employment. 

Youth with a Disability means an individual with a disability that is not younger than 14 and not older than 24.

Employment Models

ACCES-VR considers maintenance and achievement of competitive integrated employment with ongoing supports as the primary goal for supported employment. Individual placement focuses on locating community jobs for specific people.  Employment models such as a group placement, enclaves and mobile work crews offer a wide range of experiences and are not necessarily precluded from being considered an integrated setting.  These settings must be evaluated on a case-by-case basis.  The work setting must meet the definition of an integrated setting, as defined in the Employment Outcome Policy. 

There is an expectation that ongoing support services will remain available for as long as necessary and required for the individual to maintain employment and will be available to assist in obtaining new employment if necessary.

The Role of the Vocational Rehabilitation Counselor

The Vocational Rehabilitation (VR) counselor has the primary role to determine whether an individual is eligible for vocational rehabilitation services and to determine whether the individual meets the criteria for supported employment, as well as planning and coordinating the supported employment services.  In addition to determining who qualifies for supported employment, VR counselors are responsible for periodically reviewing the progress of the individual to determine if the services provided need action to assure the achievement of a quality employment outcome.

Requirements for Supported Employment Services

Supported employment is designed for individuals with the most significant disabilities:

  • For whom competitive integrated employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a most 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 ACCES-VR in order to perform work. 

Before referring the individual to supported employment, the VR counselor must determine the individual meets all of the following criteria:

  • Has been determined eligible for vocational rehabilitation services;
  • Is an individual with a most significant disability;
  • Has had a comprehensive assessment of rehabilitation needs which identifies supported employment as the appropriate employment outcome for the individual; and
  • Requires ongoing supports in order to maintain employment.

Note:  An individual may receive ongoing support services during a trial work experience, when appropriate, to determine eligibility.

Competitive Integrated Employment and Short-Term Basis

Supported employment must be in a competitive integrated setting or in an integrated setting in which the individual is working on a short-term basis toward competitive integrated employment. 

The employment outcome of an individual with a most significant disability satisfies the criteria of competitive integrated employment when the individual is working towards competitive integrated employment on a short-term basis. To be considered working on a short-term basis, the individual must reasonably anticipate achieving competitive wages within six (6) months of attaining a supported employment outcome; or in limited circumstances (approved by ACCES-VR), within a period not to exceed twelve (12) months from the attainment of the supported employment outcome.

The short-term basis period begins only after the individual has completed up to 24 months of intensive supported employment services.  The individual is considered to have achieved a supported employment outcome when he or she is stable in the supported employment placement for a minimum of 90 days following the transition to extended services. 

Ongoing Support Services

Ongoing support services are identified based on a determination by the VR counselor of the individual's need as specified in an Individualized Plan for Employment (IPE).  These services are provided by ACCES-VR from the time supported employment services are initiated under an IPE after job placement, until the transition to extended services.  After VR funding for intensive supported employment ends, the ongoing support services are provided by an extended services provider. ACCES-VR funding may support a youth in extended services for up to four (4) years or until the youth reaches age 25.  ACCES-VR must discontinue VR funded extended services once a youth reaches age 25. Once services are discontinued, staff should explore the availability of funding from other sources.   

Ongoing support services may consist of: 

  1. Necessary additional assessments at the work site;
  2. The provision of skilled job trainers (job coaches) who accompany the individual for intensive job skill training at the work site;
  3. Job development and training;
  4. Social skills training;
  5. Regular observation or supervision of the individual;
  6. To the extent that job skills training is provided, identify that the training will be provided on and off site;
  7. Follow up services including regular contact with the employers, the individual, the parents, family members, guardians, advocates, and/or other authorized persons to reinforce and stabilize the job placement;
  8. Facilitation of natural supports at the work site; and
  9. Any other services identified in the scope of vocational rehabilitation services at or away from the work site, such as transportation and personal assistance services.

Individualized Plan for Employment

Intensive supported employment services are vocational rehabilitation services authorized under an Individualized Plan for Employment (IPE).  Where appropriate, extended supported employment services for youth up to age 25, will be authorized with federal vocational rehabilitation dollars.

The IPE for an individual for whom an employment outcome in supported employment has been determined to be appropriate must:

  1. Specify the vocational rehabilitation services to be provided by ACCES-VR;
  2. Specify the expected extended services, which may include natural supports;
  3. Identify the funding source of extended services or, to the extent that it is not possible to identify the funding source of extended services at the time the IPE is developed, include a description of the basis for concluding that there is a reasonable expectation that the funding source will become available;
  4. Provide for periodic monitoring to ensure that the individual is making satisfactory progress toward meeting the weekly work requirement established in the IPE by the time of transition to extended services;
  5. Provide for the coordination of services provided under an IPE with services provided under other individualized plans established under other federal or state programs; and
  6. To the extent that job skills training is provided, identify that the training will be provided on site. 

Wage Requirement

Under supported employment, the individual must be compensated in accordance with the Fair Labor Standards Act.  In order for an individual’s service record to be closed as a competitive closure, the individual must be compensated at or above the minimum wage rate, and not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who do not have a disability.  

Unpaid work experiences and summer employment do not qualify as supported employment.  Seasonal employment is allowable only if it is typical of the local labor market.

Duration of Supported Employment Services

Supported employment services funded by ACCES-VR are limited to 24 months beginning on the first day the participant works at the job site which is intended as the individual's permanent placement.  It is a cumulative total for the life of the current case, unless, under special circumstances, the individual and the VR counselor involved jointly agree to extend the time in order to achieve the employment outcome identified on the IPE.  If the individual requires more than 24 months of supported employment services, a waiver is also required.

Requirements for Waiver of the Onsite Visit for Ongoing Support Services

The purpose of ongoing support services is to support and maintain an individual with a most significant disability in supported employment.  When the individual has been placed in the job, at a minimum, twice-monthly monitoring visits at the worksite of each individual in supported employment is required.  At least one contact per month with the employer is also required, unless the individual has not disclosed his/her disability to the employer. 

Under specific circumstances, especially at the request of the individual, the VR counselor can waive the on-site visits but will instead provide for twice monthly off-site monitoring meetings.  If the individual contact is provided away from the work site, it must be documented in the record of services and still consist of at least two meetings with the person.  If the individual has not disclosed his or her disability to the employer, then employer contact is prohibited by law.

Stabilization

Stabilization occurs when the individual's work performance reaches a performance level acceptable to the employer, and the job coaching and related ongoing support services have diminished to the level necessary to maintain the individual in employment. This transition to Status 22 (In Employment) must not occur until all aspects of the individual’s placement indicate that the employment situation is secure and consistent with the individual’s functional capabilities and employment factors. 

Transition to Extended Services

The decision to transition from intensive supported employment services to extended services should be made jointly by the individual (supported employee), the employer (unless the individual has selected not to disclose the disability to the employer), the VR counselor, and staff of the supported employment program. 

Requirements for an Employment Outcome in Supported Employment

Requirements that must be satisfied in order for an employment outcome to occur, include the following:

  1. The individual must have completed supported employment services, which may be received for up to 24 months, or longer if the counselor and the individual have determined that such services are needed to support and maintain the individual in supported employment, and the individual is not receiving any other vocational rehabilitation service provided by ACCES-VR.  

    Exception - Individuals working on a short-term basis toward competitive integrated employment in supported employment do not need to complete other VR services listed on their IPE in order to achieve an employment outcome. 
     

  2. The individual has transitioned to extended services.
  3. The individual has maintained employment and achieved stability in the work setting for a minimum of 90 days after transitioning to extended services.
  4. The employment must be individualized and or customized consistent with strengths, abilities, interests, and informed choice of the individual.

Closure of the Supported Employment Service Record

Separate requirements are specified for different scenarios, depending on whether individuals (including youth) with most significant disabilities achieve competitive integrated employment and/or are working toward competitive integrated employment on a short-term basis and whether they are receiving extended services and any other vocational rehabilitation services from ACCES-VR or from other service providers. 

For an individual (including a youth) with a most significant disability who has achieved an employment outcome in supported employment in competitive integrated employment, the service record is closed at the time the individual:

  • Achieves the employment outcome.
  • Satisfies the requirements for case closure.
  • Is not receiving extended services or any other vocational rehabilitation service provided by ACCES-VR.

For an individual (including a youth) with a most significant disability who is working toward competitive integrated employment on a short-term basis and is receiving extended services from funds other than ACCES-VR, the service record is closed when the individual:

  • Achieves competitive integrated employment within the short-term basis period.
  • Satisfies the requirements for case closure.
  • Is no longer receiving vocational rehabilitation services provided by ACCES-VR.

If an individual does not achieve competitive integrated employment within the short-term basis period, the service record will be closed unsuccessfully. 

For a youth with a most significant disability who is receiving extended services provided by ACCES-VR, the service record will be closed when the youth:

  • Achieves an employment outcome in supported employment in competitive integrated employment without entering the short-term basis period.
  • Is no longer eligible to receive extended services provided by ACCES-VR because:
    • The youth no longer meets the age requirements established in the definition of a youth with a disability.
    • Has received extended services for a period of four (4) years.
    • Has transitioned to extended services provided with funds other than ACCES-VR.
  • Satisfies the requirements for case closure.
  • Is no longer receiving any other vocational rehabilitation service provided by ACCES-VR.

For a youth with a most significant disability who is working toward competitive integrated employment on a short-term basis, the service record will be closed when the youth:

  • Achieves competitive integrated employment within the short-term basis period.
  • Is no longer eligible to receive extended services provided by ACCES-VR because:
    • The youth no longer meets the age requirements established in the definition of a youth with a disability.
    • Has received extended services for a period of four (4) years.
    • Has transitioned to extended services provided with funds other than ACCES-VR.
  • Satisfies the requirements for case closure.
  • Is no longer receiving any other vocational rehabilitation services provided by ACCES-VR. 

If a youth does not achieve competitive integrated employment within the short-term basis, the service record will be closed unsuccessfully. 

References

Rehabilitation Act:

  • Section 7; Section 102, Section 363, Section 634, Section 635

Federal Regulations:

  • 34CFR Part 361, 34CFR Part 363

Policies:

  • 010.00 Employment Outcome Policy
  • 200.00 Referral and Applying for Services
  • 202.00 Eligibility of Services
  • 204.00 Assessment
  • 205.00 Significance of Disability
  • 206.00 Individualized Plan for Employment
  • 250.00 Order of Selection
  • 435.00 Post Employment Services
  • 1375.40 Work-Try-Out (WTO)/ On-The-Job Training (OJT) Policy