ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2482
(By Mr. Speaker, Mr. Chambers, and Delegates Mezzatesta,
D. Miller, Bennett, Collins, Fealy and L. White)
(Originating in the House Committee on Finance)
[March 30, 1993]
A Bill 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 that at the time of
transition is performed weekly on a full-time basis or on a part-
time basis, as determined in each individualized written
rehabilitation program, and for which an individual is
compensated 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 ormore nonhandicapped or disabled individuals interact with one or
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, communication, self-care,self-direction, interpersonal
skills, 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, a model supported employment program shall be
established 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 their 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.
§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 this article.
§18-10I-5. Program administration.
(a) The administering agency for the supported employment
program is the division of rehabilitation services.
(b) An existing sheltered workshop shall implement the model
supported employment program with the advice and consultation of
the state developmental disabilities planning council.