A. Program Standards
Both Customized Employment and Supported Employment Program (SEP) contracts follow IDHS-DRS Administrative Rules (PART 521 PROGRAM DEFINITIONS : Sections Listing (ilga.gov)). As such, the following information pertains to both contracts.
The following requirements have been established for VR services:
- Vocational Rehabilitation (VR) customers receiving customized and supported employment services may not be placed into any job that pays less than the minimum wage.
- All customized and supported employment services are suggested to have a support reduction schedule in place to allow the customer to achieve competitive, integrated employment with natural supports.
- Only individuals determined to have a most significant disability and who meet the additional criteria may receive customized and supported employment services.
- Individuals with a substantial employment history may not typically receive customized or supported employment services without change in functional limitations or other justifiable causes. Customer must be able to meet all SEP criteria to be eligible (see definitions below). Customized and supported employment services may be provided to a customer for no more than 24 months, unless there are special circumstances which require additional time to achieve an employment outcome. The IDHS-DRS counselor must write a case note describing the special circumstances and the IDHS-DRS supervisor must enter a case note approving the extension of services.
"Supported Employment" means competitive employment in an integrated setting with ongoing support services for customers with the most significant disabilities:
Individuals with the most significant disabilities, including youth with the most significant disabilities, for whom:
- Competitive integrated employment has not historically occurred; or intermittent; and
- Intensive supported employment services and extended services are needed in order to perform the work involved, because of the nature and severity of their disability. (Section 7(38) of the Act and 361.5© (53 and 363.1 (b))
- A State may provide supported employment services to any individual who:
- Has been determined eligible for vocational rehabilitation services;
- Is an individual with a most significant disability; and
- Has had supported employment identified as the appropriate employment outcome based on a comprehensive assessment of rehabilitation needs and an evaluation of rehabilitation, career, and job needs. (Section 605 of the Act and 363.3)
"Supported Employment Services" means ongoing services needed to support and maintain an individual with the most significant disability in supported employment. These services are based upon the customers need for support.
"Time-limited Services", in the context of supported employment services, means services that are provided for a period of no more than 24 months in accordance with a support reduction schedule and based upon the customers need for support. Under special circumstances this time period may be extended with the agreement of the customer, the counselor, Supervisor, and the Regional ABC when an extension is needed to achieve the employment outcome.
B. Short-Term Basis
In the definition of supported employment, short-term basis is described as follows: For purposes of supported employment, an individual with a most significant disability, for whom supported employment in an integrated setting does not satisfy the criteria of a competitive integrated employment, as defined in 34 CFR 361.5(c)(9), is considered to be working on a short-term basis toward competitive integrated employment so long as the individual can reasonably anticipate achieving competitive integrated employment- -
- Within six months of achieving a supported employment outcome; or,
- In limited circumstances, within a period not to exceed 12 months from the achievement of the supported employment outcome, if a longer period is necessary based on the needs of the individual, and the individual has demonstrated progress toward competitive earnings based on information contained in the service record. (Section 7*38) of the ACT and 363.1 (c)) The six-month short-term basis period, and the additional six months that may be available in limited circumstances, begins after an individual has completed up to 24 months of supported employment services (unless a longer period of time is necessary based upon the individual's needs) and the individual has achieved a supported employment outcome, meaning that the individual is stable in the supported employment placement for a minimum period of 90 days following the transition to extended services. At this point, the individual has achieved a supported employment outcome in accordance with the criteria set forth in 363.54.
- Section 604(b)(2) of the ACT, as amended by WIOA, mandates that the VR agency make available extended services for youth with the most significant disabilities for a period not to exceed four years.
- The ACT defines "youth with a disability" in section 7(42) as an individual with a disability who is not younger than 14 years of age, and not older than 24 years of age.
- This new requirement is implemented in the definition "f "extended services" in 361.5 (c) (19) (v) and is an authorized service in 363.4(a)(2) for a period of time not to exceed 4 years or until such time that a youth reaches the age of 25 and no longer meets the definition of a youth with a disability under 34 CFR 361.5(c)(58), whichever occurs first.
- Although the VR agency must discontinue funding extended services once a youth reaches age 25, it should explore the availability of funding from other sources.
A State may use Supported Employment program or VR funds to provide extended services only to youth with the most significant disabilities; it may not use either source of funding to provide extended services to individuals with the most significant disabilities who are not youth. (Sections 604(b)(1) of the ACT and 363.4(b)). This will not be included in the Supported Employment Contracts but will be handled out of the local office funds.
C. Customized Employment and Supported Employment Program Outcome Criteria
Requirements for an Employment outcome in Supported Employment - Requirements that must be satisfied for an employment outcome are set forth in 363.54 of the implementing regulations:
- The individual must have completed supported employment services, which may be received for up to 24 months, or longer if the counselor and the individual have determined that such services are needed to support and maintain the individual in supported employment. Any other vocational rehabilitation services listed on the IPE provided to individuals who are working on a short-term basis toward the achievement of competitive integrated employment in supported employment need not be completed prior to satisfying the achievement of an employment outcome;
- The individual has transitioned to extended services provided either by the VR agency for a youth with the most significant disability, or another provider, consistent with the provisions of Section 34 CFR 363.4(a)(2) and 363.22;
- The individual has maintained employment and achieved stability in the work setting for a minimum of 90 days after transitioning to extended services, and;
- Employment must be individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individual.
D. Closure of the Customized Employment and SEP Cases
In order to successfully close a Customized Employment or SEP case, there can be no Vocational Rehabilitation funding spent on the case for a minimum of 90 days prior to case closure. The case is to remain open after completion of the final Phase or completion of the CSO supports, for an additional 90 days to ensure that no additional supports are needed by the customer. If during this time further supports are needed, then the IPE can be written to include the CSO, if there is time left in the 24-month timeframe
The service record of an individual who has achieved an employment outcome in supported employment will be closed in accordance with Section 34 CFR 363.55. Separate requirements are specified for different scenarios, depending on whether individuals with the most significant disabilities, including youth with the most significant disabilities, achieve competitive integrated employment or work toward the competitive integrated employment on a short-term basis and whether they are receiving extended services and any other VR services from the VR agency or from other service providers.
- Achieves competitive integrated employment within the short-term basis period established pursuant to Section 34 CFR 363.1(C); and
- Satisfies the requirements for case closure in Section 34 CRF 361.56; and
- Is no longer receiving vocational rehabilitation services provided by the VR agency with funds under 34 CFR 361. If an individual does not achieve competitive integrated employment within the short-term basis period, the service record will be closed
- The individual no longer meets age requirements established in the definition of a youth with a disability; or
- Has received extended services for a period of four years; or
- Has transitioned to extended services provided with funds other than those allotted under the VR or Supported Employment programs prior to meeting the age or time restrictions; and
- Satisfies the requirements for case closure in 34 CFR 361.56. Is no longer receiving any other vocational rehabilitation service from the VR agency provided with VR program funds. If a youth does not achieve competitive integrated employment within the short-term basis period, the service record will be closed.
