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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF HUMAN SERVICES,
ADMINISTRATIVE SERVICES DIVISION AND DIRECTOR'S OFFICE

 

DIVISION 25

EMPLOYMENT SERVICES

Integrated Employment Services to Individuals with Intellectual and Developmental Disabilities

407-025-0000

Purpose and Scope

(1) The purpose of these rules (OAR 407-025-0000 through 407-025-0120) is to effectuate:

(a) Executive Order 13-04, which outlines detailed strategies and requires the Oregon Department of Human Services (Department) to work with the Oregon Department of Education (ODE) to further improve Oregon’s systems of designing and delivering employment systems to those with intellectual and developmental disabilities toward fulfillment of Oregon’s Employment First Policy, including a significant reduction over time of state support of sheltered work and an increased investment in employment services

(b) ORS 427.007(1)(a), as added by 2013 Senate Bill 22 Enrolled, Chapter 36, 2013 Laws, which provides that individuals with intellectual and other developmental disabilities and society as a whole benefit when the individuals exercise choice and self-determination, living and working in the most integrated community settings appropriate to their needs, with supportive services that are designed and implemented consistent with the choice of the individuals regarding services, providers, goals and activities.

(c) ORS 427.007(1)(b), as added by 2013 Senate Bill 22 Enrolled, Chapter 36, 2013 Laws, which provides that the employment of individuals with developmental disabilities in fully integrated work settings is the highest priority over unemployment, segregated employment, facility-based employment or day habilitation.

(2) Consistent with Executive Order 13-04, the Department finds that:

(a) Individuals with disabilities persistently face higher rates of unemployment than their non-disabled fellow citizens.

(b) Oregon is a leader in providing supported employment services to individuals with intellectual and developmental disabilities. In 2008, Oregon adopted an Employment First Policy, which makes integrated employment the goal for all Oregonians with intellectual and developmental disabilities.

(c) While the state cannot guarantee a job to any Oregonian, the state can and should consistently work to continue to improve its provision of employment services to provide the best possible opportunities for success and choice for individuals receiving those services. This requires new approaches and partnerships with government, the non-profit services sector, and potential employers in the business community.

(d) Improving Oregon’s delivery of employment services, with the goal of achieving integrated employment for individuals with intellectual and developmental disabilities, consistent with their abilities and choices, will benefit individuals with disabilities, their families, our communities, the economy, and the state.

(3) The Department is not directed by the Department’s integrated employment rules to act in a way that would jeopardize the Department’s federal funding, such as funding from United States Department of Education, Centers for Medicare and Medicaid Services, or Rehabilitation Services Administration, or that would violate federal law or regulations. Wherever possible, the Department’s integrated employment rules shall be read as consistent with federal law.

(4) The State of Oregon’s obligations under the Department’s integrated employment rules are conditioned upon Department’s receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Department, in the exercise of its reasonable administrative discretion, to meet its payment obligations under the Department’s integrated employment rules. The Department’s integrated employment rules do not obligate any part of Oregon state government other than the Department. Nothing in the Department’s integrated employment rules is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon. The Department shall employ good-faith efforts to request and seek funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Department to perform its payment obligations throughout the term of the Department’s integrated employment rules.

(5) The Department’s integrated employment rules do not provide a right to any person to claim that he or she has not received services required under any other state or federal statute or regulation.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0010

Definitions

As used in OAR 407-025-0000 through 407-025-0120 the following definitions apply:

(1) “Career development plan” means part of an Individual Support Plan (ISP) regarding Office of Developmental Disability Services’ (ODDS) services and an Individual Plan for Employment (IPE) regarding Office of Vocational Rehabilitation Services’ (OVRS) services. A career development plan identifies the individual’s employment goals and objectives, the services and supports needed to achieve those goals, the individuals, agencies, and providers assigned to assist the individual to attain those goals, the obstacles to the individual working in an individualized job in an integrated employment setting, and the services and supports necessary to overcome those obstacles.

(2) “Department” means the Department of Human Services.

(3) “Department integrated employment rules” means this rule and any ODDS rule or OVRS rule that expressly describes itself as falling under this definition.

(4) “Discovery” means the time-limited process (up to six months) by which an individual’s planning team assists an individual to identify his or her interests, strengths, and abilities relating to employment, with the goal of attaining and maintaining employment in an integrated employment setting, including self-employment.

(5) “Employment services” provided by ODDS or OVRS mean services that are intended to assist an individual with an intellectual or developmental disability (I/DD) to choose, get, learn, and keep work in an integrated employment setting.

(6) “Evidence-based practices” means well-defined best practices, which have been demonstrated to be effective with the I/DD population or the relevant subset of that population, such as youth 16 or older, by multiple peer-reviewed research studies that are specific to the I/DD population or subset of that population.

(7) “I/DD” means intellectual or developmental disability.

(8) “Individuals with I/DD” are individuals found eligible for publicly-funded I/DD services provided by ODDS.

(9) “Integrated employment setting” means an employment setting that allows an individual to interact with non-disabled persons in a typical community work environment, including self-employment or small business models. An integrated employment setting may include a group enclave or mobile crew but must allow an individual to interact with non-disabled persons in the employment setting. An integrated employment setting does not mean facility-based work in a sheltered workshop or non-work activities, such as Alternatives to Employment (ATE).

(10) “Intellectual disability” and “developmental disability” have the meaning given those terms in OAR chapter 411, division 320.

(11) “ODDS” means the Department’s Office of Developmental Disability Services.

(12) “OVRS” means the Department’s Office of Vocational Rehabilitation Services.

(13) “Person-centered planning” for employment services means:

(a) A timely and formal or informal process that is driven by the individual with an intellectual or developmental disability that gathers and organizes information that helps an individual:

(A) Determine and describe choices about personal employment goals, activities, services, provides, and lifestyle preferences;

(B) Design strategies and networks of support to achieve goals and a preferred lifestyle using individual strengths, relationships, and resources; and

(C) Identify, use, and strengthen naturally occurring opportunities for support at home and in the community.

(b) The methods for gathering information vary, but all are consistent with the individual's cultural considerations, needs, and preferences.

(14) “Policy group” means a group consisting of representatives of the Oregon Department of Education (ODE) and the Department, legislators, and stakeholders formed to make recommendations to the Department’s Director and the Deputy Superintendent of Public Instruction regarding design and implementation on issues including but not limited to education, outreach, development of provider capacity, training, and processes for assessment and discovery.

(15) “Qualified employment services provider” means a provider of employment services that meets the qualification requirements to deliver employment services consistent with OAR 411-323-0010 through 411-323-0070 and 411-345-030.

(16) “Sheltered workshop” means a facility-based service that congregates more than eight adults with I/DD. Sheltered workshops are operated by service provider entities. In general, a sheltered workshop employs only individuals with I/DD or other disabilities except for service support staff. However, assessments, instruction, and activities that typically occur in public schools and that are provided either directly or by contract by the public school districts, public charter schools, educational service districts, or ODE in a school setting are not considered sheltered workshops.

(17) “Situational assessment” means an assessment that maintains the qualities of a vocational assessment but is administered on-site in an integrated employment setting, where an individual is evaluated in the performance of work activities that are typical to the setting where the assessment is administered.

(18) “Transition age” means individuals at least 16 years of age for OVRS services and at least 18 years of age for ODDS services, and no older than two years after an individual has ceased receiving public school services in the Oregon secondary schools.

(19) “Transition age target population” means transition age individuals with I/DD who receive employment services on or after July 1, 2013.

(20) “Target populations” means the transition age target population and the working age target population.

(21) “Vocational assessment” means an assessment administered to provide employment-related information essential to the development of, or revision of, an individual’s employment-related planning documents, including the IPE and ISP, where applicable.

(22) “Working age individuals” means adults with I/DD between the ages of 21 and 60, individuals with I/DD younger than 21 and no longer receive public school services, and those with I/DD over 60 who choose to continue employment.

(23) “Working age target population” means working age individuals with I/DD who receive sheltered workshop services on or after July 1, 2013.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 1-2014, f. & cert. ef. 2-14-14

407-025-0020

Sheltered Workshops

(1) Effective July 1, 2014, ODDS and OVRS shall no longer purchase or fund vocational assessments for individuals with I/DD that occur in sheltered workshop settings.

(2) Effective July 1, 2015, ODDS and OVRS shall no longer purchase or fund sheltered workshop placements for:

(a) Transition-age youth with I/DD;

(b) Any working age adult with I/DD newly eligible for ODDS or OVRS services; and

(c) Any working age adult with I/DD already utilizing ODDS or OVRS services who is not already working in a sheltered workshop.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0030

Employment Services Provided through ODDS and OVRS

(1) ODDS and OVRS combined shall provide employment services to at least 2000 individuals in accordance with the following schedule:

(a) By July 1, 2014, to at least 50 individuals.

(b) By July 1, 2015, to at least an additional 100 individuals.

(c) By July 1, 2016, to at least an additional 200 individuals.

(d) By July 1, 2017, to at least an additional 275 individuals.

(e) By July 1, 2018, to at least an additional 275 individuals.

(f) By July 1, 2019, to at least an additional 275 individuals.

(g) By July 1, 2020, to at least an additional 275 individuals.

(h) By July 1, 2021, to at least an additional 275 individuals.

(i) By July 1, 2022, to at least an additional 275 individuals.

(2) The requirement in this section that additional individuals receive employment services by a given date refers to a cumulative number of additional individuals.

(3) Over the nine years from July 1, 2013 and each one year period thereafter through July 1, 2022, approximately half of the individuals receiving employment services under these rules shall be those in the transition age target population, and half shall be those in the working age target population. Due to the fact that numbers and percentages may change each year based on changing demographics, demand, and the choices of consumers, ODDS and OVRS may deviate from strict compliance in a given one year period with this approximate half and half division.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0040

General Policies

ODDS and OVRS shall establish and implement a policy that employment services shall be evidence-based and individualized. Employment services shall be individualized and services shall be individually planned, based on person-centered planning principles and evidence-based practices, where applicable. Employment services shall be based on an individual’s capabilities, choices, and strengths and shall be individually tailored.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0050

Career Development Planning

(1) No later than January 1, 2014, ODDS shall adopt and implement policies and procedures for developing career development plans. The policies must include a presumption that all individuals in the target populations are capable of working in an integrated employment setting.

(2) Career development plans shall be based on person-centered planning principles. Career development plans are created through various strategies and tools, must include vocational assessments, and may also include situational assessments, discovery, and other strategies and tools.

(3) The career development plan shall prioritize employment in integrated settings. The career development process shall focus on the strengths of the individual and be conducted with the goal of maximizing the number of hours spent working, consistent with an individual’s abilities and choices. The primary purpose of all vocational assessments shall be to determine an individual’s interests, strengths, and abilities, in order to identify a suitable match between the person and an integrated employment setting. If an individual has an existing vocational assessment that is current, accurate and relevant to establishing individual goals and services, it need not be redone or revised.

(4) Working age individuals in sheltered workshops in the target population shall receive a career development plan as part of the employment services they receive under OAR 407-025-0030. The transition-age target population should have a career development plan no later than the date of their anticipated departure from the Oregon public schools, but no later than one year after their departure. The provision of employment services by ODDS may not be delayed or denied due to the lack of a career development plan.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 1-2014, f. & cert. ef. 2-14-14

407-025-0060

Training

(1) Effective January 1, 2014, ODDS and OVRS shall establish competencies for providing employment services, and shall adopt and implement competency-based training standards for career development plans, job creation, job development, job coaching, and coordination of those services.

(2) Effective July 1, 2016, ODDS and OVRS shall purchase employment services for individuals with I/DD only from agencies or individual providers licensed, certified, credentialed or otherwise qualified as required by Department rules. The requirements for providing employment services shall be competency-based and may include such national credentialing programs as the APSE Certified Employment Support Professional exam or a substantial equivalent.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0070

Outreach and Awareness

Effective January 1, 2014, ODDS and OVRS shall develop an outreach and informational education program for all individuals in the target population that explains the benefits of employment, addresses concerns of families and perceived obstacles to participating in employment services, and is designed to encourage individuals with I/DD and their families to seek employment services.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0080

Provider Capacity

The Department shall make good faith efforts, within available budgetary resources, to ensure that there are a sufficient number of qualified employment providers to deliver the services and supports necessary for individuals in the target population to receive employment services consistent with the terms of the Department’s integrated employment rules.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0090

Director Actions

(1) Effective January 1, 2014, the Department shall designate a statewide employment coordinator to oversee and coordinate its employment services program and all activities required by the Department, ODDS, or OVRS under the Department’s integrated employment rules.

(2) Effective January 1, 2014, the Department shall support new or existing technical assistance provider(s) or use other available training resources to provide leadership, training and technical assistance to employment providers and to provider, county, support services brokerage, and vocational rehabilitation staff to support the performance of the Department’s integrated employment rules.

(3) Effective November 1, 2013, the Department shall adopt an integrated employment plan to further carry out the goals of the Department’s integrated employment rules.

(4) ODDS shall include specific provisions in its contracts with each support services brokerage and each community developmental disability program (CDDP) to accomplish the full implementation of the Department’s integrated employment rules.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0100

Quality Assessment and Improvement

Effective July 1, 2014, the Department shall develop and implement a quality improvement initiative that is designed to promote employment services developed in accordance with the Department’s integrated employment rules and to evaluate the quality of employment services provided to persons with I/DD under the Department’s integrated employment rules statewide.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0110

Data Collection and Reporting

(1) Effective January 1, 2014, and semi-annually thereafter, the employment coordinator shall monitor the progress of implementation of the Department’s integrated employment rules through data collection, data analysis, and quality improvement activities.

(2) Effective January 1, 2014, and semi-annually thereafter, ODDS and OVRS shall collect data and report to the employment coordinator and the policy group the following data for working age individuals in the target populations:

(a) The number of individuals receiving employment services;

(b) The number of persons working in the following settings: individual integrated employment, self-employment, sheltered employment, and group employment (8 or fewer);

(c) The number of individuals working in an integrated employment setting;

(d) The number of hours worked per week and hourly wages paid to those persons;

(e) The choices made by individuals between integrated work, sheltered work, and not working; and

(f) Complaints and grievances.

(3) Effective January 1, 2014, and semi-annually thereafter, OVRS and ODDS shall report to the employment coordinator on the progress made on the terms of the Department’s integrated employment rules and the results of the data collected under this rule.

(4) ODDS and OVRS shall begin a program of regularly collecting and analyzing data described in this rule, and shall identify problems or barriers to placement in or retaining jobs in an integrated employment setting, as well as service gaps, and shall recommend to the Department’s Director’s actions to improve services. The Department shall review this information on a semi-annual basis and develop and implement measures to improve services with respect to the problems and barriers identified.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

407-025-0120

Sunset Provision

These rules shall be effective through July 1, 2022.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

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