Haw. Code R. § 17-401.1-31 - Supported employment services

(a) Supported employment services means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment.

(1) Supported employment means:

(A) Competitive employment in an integrated setting, or employment in integrated work settings in which individuals are working toward competitive employment, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice with ongoing support services for those with the most significant disabilities:

(i) For whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and

(ii) Who, because of the nature and severity of the disabilities, need intensive supported employment services from the division and extended services after transition to perform this work; or

(B) Transitional employment, as defined in section 17-401.1-2, for individuals with the most significant disabilities due to mental illness.

(2) Ongoing support services as used in this section:

(A) Means services that are:

(i) Needed to support and maintain an individual with a most significant disability in supported employment;

(ii) Identified based on a determination by the division of the individual's needs as specified in an IPE; and

(iii) Furnished by the division from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers through the individual's term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment.

(B) Must include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on:

(i) At a minimum, twice monthly monitoring at the worksite of each individual in supported employment; or

(ii) If under special circumstances, especially at the request of the individual, the IPE provides for off-site monitoring, twice-monthly meetings with the individual.

(C) Consists of:

(i) Any particularized assessment supplementary to the comprehensive assessment of rehabilitation needs described in section 17-401.1-10(b) (3);

(ii) The provision of skilled job trainers who accompany the individual for intensive job skill training at the worksite;

(iii) Job development and training;

(iv) Social skills training;

(v) Regular observation or supervision of the individual;

(vi) Follow-up services including regular contacts with the employers, the individuals, the parents, family members, guardians, advocates or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement;

(vii) Facilitation of natural supports at the worksite; and

(viii) Any other service identified in the scope of VR services for individuals, described in section 17-401.1-6; or

(ix) Any services similar to the foregoing services.

(3) Extended services as used in this section means ongoing support services and other appropriate services:

(A) That are needed to support and maintain an individual with a most significant disability in supported employment; and

(B) That are provided by a state agency, a private nonprofit organization, employer, or any other appropriate resource, from funds other than funds received under 34 C.F.R. parts 361, 363, 376, or 380, after an individual with a most significant disability has made the transition from support provided by the division.

(4) Competitive employment means work:

(A) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

(B) For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

(b) In areas where supported employment programs are available, persons with the most significant disabilities shall be considered for competitive employment through this program. Supported employment services shall be consistent with the needs of the individual and, as appropriate, the individual's informed choice in accordance with section 17-401.1-12.

(1) An individual shall be determined eligible for supported employment services by the division if:

(A) The individual is eligible for VR services in accordance with section 17-401.1-7;

(B) The individual is determined to be an individual with the most significant disability in accordance with section 17-401.1-7;

(C) The individual is one for whom competitive employment has not traditionally occurred, or for whom competitive employment has been interrupted or intermittent as a result of a most significant disability; and

(D) The individual requires ongoing supported employment services or extended services in order to perform such work.

(2) The division shall certify an individual's eligibility for supported employment services as an addendum to the certification of eligibility for VR services. The certification addendum shall explain, describe, or show how the conditions of paragraph (b)(1) are met.

(c) Supported employment services shall be provided by the division:

(1) For a period of time not to exceed 18 months, unless under special circumstances the eligible individual and the VR counselor jointly agree to extend the time to achieve the employment outcome identified in the IPE; and

(2) Following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment.

(d) Supported employment services are subject to the use of comparable services and benefits provisions of section 17-401.1-13, and the use of personal resources (financial needs test) provisions of section 17-401.1-14.

Notes

Haw. Code R. § 17-401.1-31

[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50)