13301330, As Amended BY EDUCATION COMMITTEE AN ACT RELATING TO EXTENDED EMPLOYMENT SERVICES;
AMENDING CHAPTER 23, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTIONCHAPTER 33-2307,62, TITLE 33, IDAHO CODE, TO DEFINE TERMS, TO ESTABLISH PRO-AN VISIONSEXTENDED EMPLOYMENT SERVICES PROGRAM, TO PROVIDE ELI- GIBILITY REQUIREMENTS AND TO PROVIDE FOR PERIODIC REVIEW OF ELIGIBIL- ITY, TO PROVIDE FOR COVERED SERVICES AND AN INDIVIDUAL PROGRAM PLAN, TO ESTABLISH PROVISIONS REGARDING THEPROVIDERS IDAHOOF EXTENDED EMPLOYMENT SERVICESSER- PROGRAM.VICES, AND TO PROVIDE FOR PROGRAM IMPLEMENTATION.
That Chapter 23, Title 33, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTIONCHAPTER , to be known and des-designated ignated as SectionChap- 33-2307,ter 62, Title 33, Idaho Code, and to read as follows:
33-2307.CHAPTER 62 EXTENDED EMPLOYMENT SERVICES PROGRAM 33-6201.
IDAHODEFINITIONS. EXTENDED EMPLOYMENT SERVICES PROGRAM.
(1)As Thereused isin herebythis createdchapter: the Idaho extended employment services program for the pur- pose of assisting individuals to develop skills necessary to achieve and maintain competitive integrated employment.
(2)(1) The"Board" programmeans shall provide services that are either long-term job coaching services or short-term training services based on the needsstate board of aneducation. eligible individual, as specified in an individualized program plan for em- ployment.
(a)(2) Long-term"Disability" jobmeans coachinga servicesdevelopmental shalldisability be:as defined in 45 CFR 1325.3 or a learning disability, mental illness, or traumatic brain injury as defined in board rule.
(i)(3) Needed"Division" tomeans supportthe anddivision maintainof competitivevocational integratedrehabilitation. em- ployment for an individual with a most significant disability or a youth with a most significant disability in supported employment;
and(4) (ii)"Extended Providedemployment afterservices" theor individual"EES" hasmeans receivedlong-term vocationalmain- reha-tenance bilitationservices services,that orassist organizedparticipants orin mademaintaining available,employment singly or ingaining combination,employment skills in suchpreparation afor waycommunity asemployment or that provide assistance to assistadult participants within an eligibleindustry individualor ina maintainingbusiness supportedsetting or a community rehabilitation program intended to maintain paid employment.
(b)Extended Short-termemployment training services shallinclude be:individual supported em- ployment, group community-based supported employment, and work services.
(i)(5) Needed"Group tocommunity-based obtainsupported employmentemployment" skillsmeans necessaryself-employ- forment an individ- ual to either become eligible for vocational rehabilitation ser- vices or topaid become a competitive applicant for competitive inte- grated employment andthat mayis: be delivered in a nonintegrated setting;
and(a) (ii)For Organizeda orgroup madeof available,no singlymore orthan ineight combination,(8) inparticipants suchwho aare waypaid asat toleast assistminimum anwage eligibleand individualwho, inbecause obtainingof ortheir in-disabilities, creasingneed workongoing skillssupport necessary for that individual to benefitmaintain fromemployment; vocational rehabilitation services and competitive integrated employment.
(c)(b) TheConducted servicesin provideda byvariety of community and industry settings where the Idahoparticipants extendedhave employmentopportunities servicesto programinteract shallwith becoworkers providedor onlyothers whenwithout individualsknown dopaid notwork havesupports accessat least to comparablethe servicesextent orthat havethose fullyop- utilizedportunities comparabletypically servicesexist forin whichthat theywork aresetting; eligible.
(d)(c) TheSupported services provided by thetraining Idaho extended employment services program shall be separate from and deliveredsupervision subsequentneeded to vocationalmaintain rehabilitationthat servicesem- asployment; defined in 29 U.S.C.
705(40),and provided(d) byNot conducted in the Idahowork divisionservices area of vocationala rehabilitation.provider.
(3)(6) The"Individual Idahocommunity-supported extendedemployment" employmentmeans servicesself-employ- programment shallor bepaid adminis-employment: tered by the Idaho division of vocational rehabilitation.
Program(a) servicesFor maywhich bea providedparticipant byis anotherpaid statea agency,competitive privatewage; nonprofit organization, em- ployer, or any other appropriate resource.
(4)(b) TheFor Idahowhich divisionthe ofparticipant, vocationalbecause rehabilitationof maythe periodically review a participant's eligibilitydisabil- fority, theneeds Idahoongoing extendedsupport employmentto ser-maintain vicesthe program.employment;
(5)(c) InThat orderis toconducted providein extended employment services, the state board for career technical education may enter into, or may authorize a statecommunity agency over which it has oversight to enter into, agreements with any person, corporation, or associationindustry approvedsetting bywhere thepersons statewithout boardknown forpaid careerwork technicalsupports educationare toemployed; provide such services.
(6)and The(d) stateIs boardsupported forby careerauthorized technicalactivities educationneeded shall have the au- thority to promulgatesustain necessarypaid rules,work ifby applicable,persons towith implementdisabilities, andincluding ad-but ministernot thelimited Idahoto extendedsupervision, employmenttraining, servicesand program.transportation.
(7) "Individual program plan" means a plan for extended employment ser- vices appropriate for an individual participant based on the participant's needs and personal goals.
(8) "Participant" means a person eligible for and enrolled in the ex- tended employment services program established pursuant to section 33-6202, Idaho Code.
(9) "Program" means the extended employment services program estab- lished pursuant to section 33-6202, Idaho Code.
(10) "Provider" means a community rehabilitation program services provider approved by the division to provide extended employment services.
(11) "Work services" means activities, typically conducted on provider premises, intended to assist participants in understanding the value and de- mands of work and developing functional capacities that increase or maintain the skill sets of participants to achieve and maintain employment.
33-6202.
PROGRAM ESTABLISHED.
(1) There is hereby established in the board an extended employment services (EES) program for the purpose of in- creasing employment opportunities for program participants.
The program shall be administered by the division.
Extended employment services offered under the program are separate and apart from any federal program but may be collaborative with and supportive of federal programs.
Administrative costs charged to the EES program shall be limited, subject to federal indi- rect cost rate matching requirements, and subject to audit and review.
(2) Program services shall be:
(a) Provided when eligible individuals do not have access to comparable services or have fully utilized comparable services for which they are eligible;
and (b) Separate and apart from and delivered subsequent to vocational re- habilitation services as defined in 29 U.S.C.
705(40), provided by the division.
33-6203.
ELIGIBILITY.
(1) A person is eligible to participate in the program if the person:
(a) Has a disability that constitutes a barrier to maintaining paid em- ployment without long-term vocational support;
(b) Is sixteen (16) years of age or older;
and (c) Is an Idaho resident.
(2) The division may periodically review a participant's eligibility and service level need for the program.
33-6204.
COVERED SERVICES -- INDIVIDUAL PROGRAM PLAN.
(1) Subject to available funding, the program shall provide the following services to par- ticipants, as appropriate:
(a) Individual community-supported employment;
(b) Group community-based supported employment;
and (c) Work services.
(2) The services provided to a participant shall be based on the partic- ipant's individual program plan, as developed according to board rule.
33-6205.
EES PROVIDERS -- REQUIREMENTS -- REVOCATION OF APPROVAL -- AGREEMENT REVIEW.
(1) The division shall approve any person or entity before such person or entity may provide extended employment services under the program.
The division shall enter an agreement with each program provider.
The agreement shall specify:
(a) Requirements for the provider;
(b) Services to be offered by the provider;
(c) Scope of work under the agreement;
(d) Service fees;
and (e) Other terms, conditions, and provisions as determined by the divi- sion and agreed to by the provider.
(2) The division may terminate or revoke the approval status and dis- continue authorizing or purchasing services from providers for actions in violation of the agreement or rules promulgated by the board.
(3) A provider agreement shall be reviewed annually and is subject to revision as required by the division in cooperation with providers.
33-6206.
PROGRAM IMPLEMENTATION.
The board is hereby authorized to take such actions as are necessary to implement the provisions of this chap- ter, including promulgation of necessary rules.