14.3 Supported Employment Services

Supported employment services are provided by DVR as ongoing support services, including customized employment and other appropriate services needed to support and maintain an individual or youth with a most significant disability. These services are provided:

1. For a period of time not to exceed 24 months once the individual begins work, unless under special circumstances the individual and the DVR Counselor jointly agree to extend the time to achieve the employment outcome identified in the IPE. 

2. By DVR as extended services to youth 24 years old and younger for a period not to exceed four years. The Intent to Transfer Services Form is not applicable for these youth.

Customized Employment (CE) is competitive integrated employment designed to meet the specific abilities of an individual with a significant disability, as well as the business needs of the employer, and is obtained through flexible strategies. The employment is developed based on the strengths, needs, and interests of the individual, which are identified through the alternative assessment process of Discovery. Customized Employment services may be available to individuals who meet the criteria for supported employment services and for whom traditional supported employment services may not fully address their unique service and support needs to succeed in competitive integrated employment. Providers of customized employment must have successfully completed a performance-based certification within the identified area of customized employment. (i.e., Discovery, Customized Job Development, and/or Systematic Instruction). Acquisition of the performance-based certification requires supervision by an approved mentor to demonstrate competency in the identified area of customized employment. Training certification is specific to the Employment Specialist and not to the agency with which the individual is employed.

* Providers enrolled in a DVR-approved or sponsored CE training are eligible for CE rates while providing services necessary to complete the performance-based certification.

Discovery is an alternative assessment process of gathering information from the individual and the Customized Employment support team to determine the individual’s interests, skills, and preferences related to potential employment, guiding the development of a customized job. 

A customized job search plan shall be developed for any individual receiving Customized Employment services. The job search plan will identify potential employers to consider in light of the information learned about the individual during the Discovery process. An analysis of the benefits for each potential employer is considered. The individual and the Customized Employment service provider work collaboratively with the potential employer to negotiate the customized job, the necessary supports, and terms of employment that will match the individual’s interest, skills, conditions for success, and specific contributions that will fill the unmet needs of an employer. 

Upon negotiating a customized job, systematic instruction is provided in place of traditional job coaching services. Systematic Instruction shall include job site analysis, the identification of necessary accommodations, and support toward positive work performance. Systematic Instructions provides for the fading out of services as a result of increased independence with job tasks and the development of natural supports. 

Competitive integrated employment means work that: 

1. Is performed on a full-time or part-time basis (including supported self-employment) and for which an individual – 

a.  Is compensated at a rate that is not less than the higher of the federal, state, or local minimum wage law for the place of employment. 

b. Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities and who are in similar situations in similar occupations by the same employer and have similar training, experience, and skills.

c. In the case of an individual who has a supported self-employed goal, the employment yields an income that is comparable to the income received by other individuals who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills. 

d. Is eligible for the level of benefits.

2. Is at a location – 

a. Typically found in the community.

b. Where an employee with a disability interacts with other employees within the particular work unit and site to perform the assigned job duties, and as appropriate to the work performed by other persons (e.g., customers and vendors) who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee), to the same extent as employees who are not individuals with disabilities and who are in comparable positions interact with these persons.

3. Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.

Considerations when determining whether employment is in a competitive integrated employment setting: 

• Focus should be placed on the interaction between employees with and without disabilities and not solely on the interaction of employees with disabilities with people outside of the work unit. For example, the interaction of individuals with disabilities employed in a customer service center with other persons over the telephone, regardless of whether these persons have disabilities, would be insufficient to satisfy the definition. Instead, the interaction of primary consideration should be that between the employee with the disability and their colleagues without disabilities in similar positions.

• Interaction between employees with and without disabilities need not be face-to-face and employment settings where an individual works alone, such as telecommuting, temporary employment, and work in mobile or scattered locations, are within the scope of the definition of “competitive integrated employment,” so long as the employee with the disability interacts with employees of the employer in similar positions and interacts with other persons without disabilities to the same extent that employees without disabilities interact with others. 

• Entities that are set up specifically for the purpose of providing employment to individuals with disabilities will likely not satisfy the definition. These entities often provide little to no opportunity for interaction between individuals with and without disabilities and are often considered sheltered or non-integrated employment sites. 

• Individuals with disabilities hired to perform work under service contracts, either alone, in mobile work crews, or in other group settings (e.g., landscaping or janitorial crews), whose interaction with persons without disabilities are limited to interactions with persons working in or visiting the work location, rather than other employees without disabilities in similar positions, would not be performing work in an integrated setting. 

• Generally a business is considered “not typically found in the community,” if any of the following factors apply: (1) positions are funded through Javits-Wagner-O’Day Act (JWOD) contracts; (2) the business is allowed under FLSA to compensate employees at subminimum wages; or (3) the business must comply with a mandated direct labor-hour ratio of persons with disabilities (e.g., Ability One, NISH). It is the responsibility of the DVR Counselor to take these factors into account when determining if a particular work location is an integrated setting. The Supported Employment Coordinator will be consulted as needed to ensure a work location is integrated. 

To determine the appropriateness of each setting, the DVR Counselor shall consider each employment situation on a case-by-case basis and ensure the criteria as related to competitive integrated employment are adhered to and consistent with DVR requirements for a successful employment outcome. DVR Counselors will consult with their District Supervisor and/or the Supported Employment Coordinator when guidance is required to determine whether an employment situation is consistent with competitive integrated employment.

Ongoing support services are time-limited services, up to 24 months, provided by DVR that are needed to support and maintain an individual with a most significant disability, including a youth with a disability, in supported employment. These services are identified based on a determination by DVR of the individual's vocational need as specified in an Individualized Plan for Employment (IPE). DVR provides these ongoing services from the time of job placement until transition to extended supported employment services.  

Ongoing Support Services, provided by DVR, shall include and consist of:

• An assessment of employment stability and provision, and coordination of specific services at or away from the worksite that are needed to maintain stability.

• At a minimum, twice monthly monitoring at the worksite of each individual in supported employment, or if under specific circumstances, especially at the request of the individual, the Individualized Plan for Employment provides for off-site monitoring.

• Any assessment supplementary to the comprehensive assessment of rehabilitation needs.

• The provision of skilled Job Trainers/Coaches who accompany the individual for intensive job skill or social skill training on or off the work site.

• Regular observation or supervision of the individual.

• Arranging for the provision of extended services.

• Arranging any other service identified as a necessary vocational rehabilitation service. 

• Facilitation of natural supports at the worksite.

• Follow up services including regular contact with the employers, the individuals, the parents, family members, guardians, advocates, or authorized representatives of the individual(s), and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement.

Extended services are ongoing support services and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment. They are provided by an agency, which may include a state agency, a private non-profit organization, the employer, or any other appropriate resource including family member(s). The extended support provider shall contact the employer and the employee at least twice per month to monitor job stability. If under specific circumstances, especially at the request of the individual, the IPE provides for off-site monitoring, twice monthly meetings with the individual shall be conducted.  

When an individual does not appear to have, on the surface, an identified extended services resource/provider, the comprehensive assessment process shall include a thorough identification of the type of extended supports an individual will require as well as the support intensity and frequency for sustainability of employment. Counselors shall examine all potential resources/providers for extended services that will fully meet an individual’s extended support needs. 

Options for consideration may include: 

• SSA work incentives such as Plan for Achieving Self-Support (PASS) and Impairment Related Work Expenses (IRWE). 

• Private pay. 

• Local resources for extended supports (e.g., mill levy-supported funds for employment supports, TBI Care Coordination resources). 

• State demonstration project options or other non-traditional funding mechanisms, such as individualized development accounts (IDAs) that allow persons to set aside income for special purposes. 

• Medicaid waiver services administered by the Division for Intellectual and Developmental Disabilities and any other Medicaid waiver services that may be administered by the state which include extended employment services provision for supported employment.

• ABLE (Achieving a Better Life Experience) Accounts. 

• Funding provided from the Office of Behavioral Health to local mental health centers; and/or, in some situations.

• Natural supports (e.g., supervisors or co-workers).

When relying on natural supports to meet an individual’s need for extended services, extensive planning, development, and negotiation is required to ensure the individual is able to continue to perform job tasks satisfactorily after intensive services have concluded. Regardless of the provider, counselors shall use professional judgment in the identification of extended services and may elect to gain commitments for alternative sources of these services in writing when deemed necessary. 

DVR may fund extended services for a youth up to age 24 for a period not to exceed four years when no other funding source is available. In all other situations, funding for extended services shall come from sources other than DVR.

The individual is required to transition to an extended service provider at least 90 days prior to closure to ensure stability with the level of support that will continue to be available on an ongoing basis. 

The Transfer of Services Form is to be utilized to initiate the provision of extended services by an entity or individual other than DVR.