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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2482
(By Mr. Speaker, Mr. Chambers, and Delegates Mezzatesta,
D. Miller, Bennett, Collins, Fealy and L. White)
Passed April 10, 1993; in effect ninety days from passage]
AN ACT to amend chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article ten-i, relating to
providing supported employment services to persons with
disabilities through the West Virginia division of
rehabilitation services; setting forth findings; defining
terms; establishing a model supported employment program;
specifying services which may be provided under the program;
setting forth eligibility criteria; setting forth the
eligibility requirements and primary focus of the program;
and providing for the administration and implementation of
the program.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article ten-i, to read
as follows:
ARTICLE 10I. WEST VIRGINIA SUPPORTED EMPLOYMENT PROGRAM.
§18-10I-1. Findings.
(a) The West Virginia Legislature acknowledges that persons
with severe disabilities can be productive, contributing members
of the community, and that supported employment is a way of
accomplishing the goal of employment for many persons with severe
disabilities.
(b) If persons with disabilities are afforded opportunities
to work in socially valued jobs with dignity, opportunities for
advancement, and fair pay and compensation, then West Virginians
with disabilities will lead more independent and productive
lives, pay taxes, and decrease their need for public assistance.
Studies have shown that supported employment is cost effective,
and it is in the interest of the Legislature and the citizens of
West Virginia to experiment within limited resources, through a
model program of supported employment for persons with severe
disabilities.
§18-10I-2. Definitions.
(a) "Competitive work" means work performed weekly on a
part-time or full-time basis, as determined in each
individualized written rehabilitation program, and for which
compensation is consistent with the wage standards provided for
in the Fair Labor Standards Act.
(b) "Division of rehabilitation services" means the state
agency created by section one, article ten-a, chapter eighteen of
this code.
(c) "Integrated work setting" means job sites where one or
more nonhandicapped or nondisabled individuals interact with oneor more handicapped or disabled employees on a regular basis in
the performance of their respective job duties.
(d) "Supported employment" means competitive work in an
integrated work setting with on-going support services for
persons with a severe disability for whom competitive employment
has not traditionally occurred or has been interrupted or
intermittent as a result of severe handicaps.
(e) "Person with a severe disability" means an individual
who has a severe physical or mental impairment which seriously
limits one or more functional capacities (such as mobility, work
tolerance, self-care, self-direction, or interpersonal,
communication or work skills) in terms of an employment outcome;
and who will require multiple vocational rehabilitation services
over an extended period of time.
§18-10I-3. Supported employment program.
(a) Within the available funds as appropriated by the
Legislature, the division of rehabilitation services shall
establish a model supported employment program in an unserved
area of the state. The model program shall be selected through
a request for proposal process including proposal review and
selection by the West Virginia division of rehabilitation
services in cooperation with the state developmental disabilities
planning council.
(b) The model supported program and existing supported
employment programs approved by the West Virginia division of
rehabilitation services shall promote employment services to
eligible individuals including:
(1) Job development services to secure competitive jobs;
(2) Services to assist the person with a severe disability
in maintaining his or her supported employment position; and
(3) Other employment services not funded through the West
Virginia division of rehabilitation services federal Title I and
Title VI, Part C programs.
(c) An existing sheltered workshop shall implement the model
program selected to be established, with the advice and
consultation of the state developmental disabilities planning
council.
(d) The division of rehabilitation services shall administer
the supported employment program.
§18-10I-4. Eligibility; primary focus.
(a) The primary focus of the supported employment program is
providing employment supports for persons with severe
disabilities who have never worked or have only worked
intermittently due to their disability.
(b) To be eligible for the supported employment program, a
person must have a severe disability as defined in section one of
this article.