H. B. 2482
(By Mr. Speaker, Mr. Chambers and Delegates Mezzatesta,
D. Miller, Bennett, Collins, Fealey and L. White)
[Introduced March 5, 1993; referred to the
Committee on Government Organization then Finance.]
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; specifying services which will be provided under the
program; setting forth eligibility criteria; setting forth
the primary focus of the program; specifying the
administering agency and its duties; providing for the
establishment of a state supported employment council, its
membership and duties, and providing for the reimbursement
of expenses.
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 readas follows:
ARTICLE 10I. WEST VIRGINIA SUPPORTED EMPLOYMENT PROGRAM.
§18-10I-1. Findings.
(a) The West Virginia Legislature finds that as a group,
persons with severe disabilities experience staggering levels of
unemployment.
(b) The Legislature finds that persons with severe
disabilities can be productive, contributing members of the
community, if given the opportunity to be recognized for their
abilities. Supported employment is a way of accomplishing the
goal of employment for many persons with severe disabilities.
(c) The Legislature acknowledges that persons with
disabilities should receive benefits which do not create
disincentives to work.
(d) The Legislature acknowledges that persons with severe
disabilities should develop networks which are developed through
employment and which minimize the need for service intervention.
(e) The Legislature believes that persons with disabilities
should control services they may receive and feel good about
themselves and their social roles.
(f) The Legislature believes that persons with disabilities
should be afforded opportunities to work (1) in socially valued
jobs with dignity; (2) in careers of their choosing with
opportunities for advancement; (3) with ample pay and
compensation to ensure a lifestyle comparable to their
nondisabled peers; (4) in jobs uniquely suited to their ability;and (5) with support in obtaining, maintaining, and advancing in
careers.
(g) The Legislature finds that there are at least two
thousand persons in West Virginia who are in need of supported
employment services.
(h) Therefore, the Legislature finds that supported
employment will enable more West Virginians to work in the
community; 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 initiate within reasonable resources, a 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) "Extended services" means on-going support services
needed to support and maintain a person with a severe disability
in supported employment. Such services include, but are notlimited to:
(1) Monitoring visits at the job site to assess employment
stability;
(2) Face-to-face contact with the person with a severe
disability either on or off the job site;
(3) Individualized job skill training to address changes in
job duties or the work environment;
(4) Transportation assistance to and from the job site; and
(5) Other related services both at and away from the job
site that are needed to maintain employment.
(d) "Integrated work setting" means job sites where either
(1)(i) most employees are not handicapped; and (ii) an individual
with a severe handicap interacts on a regular basis, in the
performance of job duties, with employees who are not
handicapped; and (iii) if an individual with a severe handicap is
part of a distinct work group of only individuals with handicaps,
the work group consists of no more than eight individuals; or (2)
If there are no other employees or the only other employees are
individuals who are part of a work group as described in
paragraph (d)(1)(iii) of this definition of "integrated work
setting," an individual with a severe handicap interacts on a
regular basis, in the performance of job duties, with individuals
who are not handicapped, including members of the general public.
The interaction required by these definitions of "integrated work
setting" may not be satisfied by contact between an individual
with a severe handicap and individuals who provide on-goingsupport services at the job site.
(e) "Job development" means face-to-face contact with
potential employers for the purpose of securing a job for the
person with a severe disability.
(f) "State supported employment council" means the council
established by the division of rehabilitation services in section
six of this article to carry out the responsibilities specified
in this article.
(g) "Supported employment" means (1) competitive work in an
integrated work setting with on-going support services for
individuals with severe handicaps for whom competitive
employment: (i) Has not traditionally occurred; or (ii) has been
interrupted or intermittent as a result of severe handicaps; or
(2) transitional employment for individuals with the most severe
mental illness.
(h) "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.
(i) "Transitional employment" means a series of temporary
job placements in competitive work in an integrated work setting
with on-going support services for individuals with chronic
mental illness. In transitional employment, the provision ofon-going support services must include continuing sequential job
placements until job permanency is achieved.
§18-10I-3. Supported employment program.
(a) Within the available funds, six new supported employment
programs shall be established in unserved areas of the state
during the first year of this program. Programs 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 West Virginia
supported employment council established in section six of this
article.
(b) The six new supported programs and existing supported
employment programs approved by the West Virginia division of
rehabilitation services shall provide supported employment
services to eligible individuals including:
(1) Job development services to secure competitive jobs;
(2) Extended services to assist the person with a severe
disability in maintaining their supported employment position;
and
(3) Other supported employment services not funded through
the West Virginia division of rehabilitation services federal
Title I and Title VI, Part C programs.
(c) Technical assistance shall be provided from a statewide
resource center.
§18-10I-4. Eligibility; primary focus.
(a) The primary focus of the supported employment program isproviding employment supports for persons with severe
disabilities who have never worked or have only worked
intermittently due to their disability and who have no other
available mechanisms to fund the extended supports necessary to
maintain their supported employment.
(b) To be eligible for the supported employment services
under 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) The division of rehabilitation services shall implement
the supported employment program with the advice and consultation
of the state supported employment council established in section
six of this article.
§18-10I-6. State supported employment council.
(a) The director of the division of rehabilitation services
shall appoint a state supported employment council comprised of
at least twenty-one members of whom a majority shall be persons
with disabilities or parents or guardians of persons with
disabilities. The remaining members shall represent the
following parties or agencies: The division of rehabilitation
services, the state developmental disabilities planning council,
the office of special education, the university affiliated center
for developmental disabilities, the association of rehabilitation
facilities, the department of health and human resources divisionof developmental disabilities and division of community mental
health and rehabilitation, a state protection and advocacy
agency, the association of mental health/mental retardation
providers, the governor's office of economic development, two
providers of supported employment, and one at-large member
representing employers.
(b) The state council shall meet at least quarterly at a
place agreed to in the previous meeting. The state council shall
advise and consult with the division of rehabilitation services
in the development of program policies and procedures related to
the supported employment programs and perform such other duties
as are necessary to implement the program.
(c) The consumer at-large, and provider members of the
council shall be appointed for three-year terms, with original
appointments being staggered so as to allow for one-third new
members each year.
(d) The council shall perform the following duties:
(1) Actively participate in the development and review of
supported employment programs;
(2) Recommend selection of new programs through requests for
proposals;
(3) Provide advice to technical assistance staff and
recommend training programs;
(4) Review compiled summary data on individuals not
successfully served by the supported employment program and make
recommendations to appropriate agencies for improving programquality, access and implementation; and
(5) Make recommendations to the division of rehabilitation
services and other state agencies for improvement of services and
ways to access other funds for needed services.
(e) The members of the council who are persons with
disabilities or their parents or guardians shall be reimbursed
for travel and lodging expenses incurred in attending official
meetings of the state council. These members shall receive
compensation for their services of fifty dollars per day for each
day actually engaged in the work of the council.
NOTE: The purpose of this bill is to establish supported
employment services through the West Virginia Division of
Rehabilitation Services to persons with disabilities.
This article is new; therefore, strike-throughs and
underscoring have been omitted.