Regulation Part 246 - Workshop Programs

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Table of Contents

246.1 - Sheltered employment program (SEP)
246.2 - Rehabilitation workshop support program
246.3 - Standards for community rehabilitation program personnel
246.4 - Establishment of rehabilitation facilities
246.5 - Construction of rehabilitation facilities
246.6 - Provision of services by community rehabilitation programs

Historical Note
Part (§ 246.1-246.2) filed Sept. 25, 1978 eff. Oct. 16, 1978.

§ 246.1 Sheltered employment program (SEP). 

1. The rehabilitation workshop support program is designed to provide partial funding support for community rehabilitation facilities and workshops, through grants for payment of a portion of the salaries of rehabilitation facility and workshop personnel giving rehabilitation services to improve and develop services, to more effectively serve the disabled and to attain the objective of greater employment of clients and sheltered workers in competitive employment. 
2. Definitions. As used in this section: 
   1. Agency means the New York- State Education Department, Office of Vocational and Educational Services for Individuals with Disabilities.
   2. Homebound clients means those clients to whom the workshop provides professional services in addition to homework employment.
   3. Long-term sheltered worker means an individual who has completed evaluation and personal adjustment services sponsored by the agency or the Commission for the Blind and Visually Handicapped, or who has completed 12 months of service in a workshop.
   4. Severe physical handicap means a condition for which there is a determined diagnosis as approved by the American Medical Association and diagnosed by a physician licensed by the State of New York to practice medicine, and which results in a substantial impairment of physical function that meets the requirements for severe disability stated in 35 CFR 361 (Code of Federal Regulations, 1984 edition, Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402: 1984 - available at Office of Vocational and Educational Services for Individuals with Disabilities, Room 1907, One Commerce Plaza, Albany, NY 12234). 
3. Eligible applicants. Rehabilitation facilities and workshops serving the mentally re- tarded, or mentally ill, or severely physically handicapped are eligible for support. 
4. Consistency with State rehabilitation facilities planning. Prior to the development of a funded position, the agency shall determine: 
   1. the need for such position in the rehabilitation facility or workshop; 
   2. the consistency of the position development with State rehabilitation facilities and workshop plans; 
   3. the degree to which the position will duplicate other resources available to the facility or workshop. 
5. Rehabilitation facility and workshop application and reporting. Each rehabilitation facility and workshop shall be required to have on file and available for audit or shall be required to submit sufficient information on its current and proposed program, staffing, client capacity, finances and health and safety standards to enable the agency to determine the eligibility of the facility or workshop for funding. The agency may also require submission of any other reports or applications as it may deem necessary to assist in the implementation of the program. The agency shall have the right to make onsite visits to review the available facilities and the fiscal and accounting practices prior to approval of a grant application. 
6. Conditions for support.
   1. The agency shall have the right to approve or deny applications based on considerations, including but not limited to, the following: 
      1. the existence of regular working arrangements between workshops serving the physically disabled and hospital-based rehabilitation centers; 
      2. the current lack of availability of the service in the geographical region, 
      3. the ability to serve additional numbers of disabled persons and/or the more severely disabled as a result of the grant;
      4. the ability of the workshop to serve persons with a variety of disabilities; and 
      5. the availability of service at the workshop to individuals residing throughout the community, rather than at specific institutions. 
   2. A facility or workshop shall be considered to be one facility or workshop regardless of the number of branches and/or units it has. 
   3. Grantees shall be required to give assurance that, once State funding for a specific staff position has been terminated, the position title and job responsibilities will be continued as part of the facility's or workshop's regular program. 
7. Amount of support. The amount of support shall be determined by the following: 
   1. Costs upon which maximum support is calculated shall be based upon salaries and related fringe benefits for approved positions to the extent expenditures exceed income of the facility or workshop. Certain expenditures, including construction, capital income from rehabilitation workshop support program acquisition, and fundraising costs, shall be excluded from such computations. No decrease in current support available to the workshop from other sources shall be taken into account in determining workshop income. 
   2. The grant amount shall be further subject to a ceiling based upon the number of persons which the facility or workshop is able to serve at one time, as follows: 
      

      Workshop capacity	Maximum grant
      12-19	$ 7.500
      20-49	15,000
      50-99	22,500
      100 or more	30,000

   3. The facility or workshop shall be required to match State funding. During the fast year, the period of support shall consist of nine months, beginning on July first. During succeeding years, the period of support shall consist of 12 months. The duration of the grant and the percentage of support for matching purposes shall be determined as follows: 
      1. Grants initially awarded prior to September 1, 1980 shall be for a period of five years and shall be in accordance with the following schedule. 
         

         Time period	State share	Grantee share
         Year 1	90 percent	10 percent
         Year 2	75 percent	25 percent
         Year 3	55 percent	45 percent
         Year 4	35 percent	65 percent
         Year 5	20 percent	80 percent
         Year 6	0 percent	100 percent

      2. Grants initially awarded on or after September 1, 1980 shall be for a period of three years, during each of which the State share shall be 80 percent and the grantee share 20 percent. 
8. Determination of workshop capacity. Workshop capacity shall be based upon average attendance, adjusted for the following: 
   1. The number of long-term sheltered workers shall be reduced by one-half.
   2. The number of homebound sheltered workers shall include only those workers for whom the workshop retains the responsibility for employment, pickup and delivery, inspection of homework, and follow-up retraining. Workers for whom intermittent or as-needed services are provided shall be excluded from the number of such workers. 
   3. Workers actively served by two workshops shall be included in the number of workers for each workshop. Workers referred by one facility to another for client services shall not be included in the number of workers for the referring facility if it does not retain clear responsibility for follow-up and provision of service at a later stage. 

1. Definitions. As used in this section: 
   1. Agency means the New York State Education Department.
   2. Bachelor's degree, master's degree or master's degree program means a degree from, or program of, a college or university accredited by a regional or national accrediting organization recognized by the United States Commissioner of Education, or the programs of which have been registered by the State Education Department. 
   3. Community rehabilitation program means an organization which is operated for the purpose of providing vocational rehabilitation services to individuals with disabilities , and which provides, singly or in combination, one or more of the following services for individuals with disabilities: 
      1. vocational rehabilitation services, which may include, medical, psychological, social and vocational services;
      2. testing, fitting or training in the use of prosthetic and orthotic devices; 
      3. speech and hearing therapy; 
      4. psychological services; 
      5. evaluation of rehabilitation potential;
      6. work adjustment; 
      7. vocational training for entry level or career advancement (in combination with other rehabilitation services); 
      8. evaluation or control of specific disabilities; 
      9. orientation and mobility services and other adjustment services to the blind;
      10. supported employment services; and
      11. placement services. 
2. Director of vocational rehabilitation services I
   1. Individuals with this title shall be directly supervised by a staff member who fully meets the standards for director of vocational rehabilitation II. 
   2. Minimum qualifications.
      1. a bachelor's degree; and
      2. two years of professional experience in rehabilitation. 
   3. Requirements upon employment. The agency may additionally require that the individual participate in specific training programs particular to the responsibility and background of the individual, and as provided by written statements prepared by the agency. 
3. Director of vocational rehabilitation services II.
   1. Minimum qualifications: 
      1. a bachelor's degree and five years of progressively increasing administrative responsibility in a rehabilitation setting; 
      2. a master's degree in rehabilitation counseling and two years of progressively increasing administrative responsibility in a rehabilitation setting; or 
      3. a combination of education and experience which, in the judgment of the agency, is substantially equivalent to the standards of this subdivision. 
   2. Requirements upon employment. The agency may additionally require that the individual participate in specific training programs particular to the responsibility and background of the individual, and as provided by written statements prepared by the agency.
4. Employment counselor-placement specialist I
   1. Individuals with this title shall be directly supervised by an employment counselor-placement specialist II who meets the qualifications established by subdivision (e) of this section. 
   2. Minimum qualifications: 
      1. a bachelor's degree and one year of experience in rehabilitation placement or related fields, and enrollment in a specialized course approved by the agency; or 
      2. a bachelor's degree, enrollment in a specialized course, and enrollment in a master's degree program in vocational rehabilitation counseling or evaluation or related areas; or 
      3. a combination of education and experience which, in the judgment of the agency, is substantially equivalent to the standards of this subdivision. 
5. Employment counselor-placement specialist II. Minimum qualifications: 
   1. a bachelor's degree; and 
   2. three years of experience in employment counseling, employment interviewing, personnel administration or industrial relations, which included responsibility for placement; and
   3. one year of experience working with the physically or mentally disabled; or 
   4. a combination of education and specialized experience which, in the judgment of the agency, is substantially equivalent to the standards of this subdivision. 
6. Evaluator I
   1. Individuals with this title shall be directly supervised by an evaluator II who meets the qualifications established in this section. 
   2. Minimum qualifications: 
      1. a master's degree in vocational rehabilitation counseling or evaluation or related area such as personnel, counseling and guidance, and enrollment in a short-term specialized course approved by the agency; 
      2. a bachelor's degree, enrollment in a specialized course, and enrollment in a master's degree program in vocational rehabilitation or related areas; or 
      3. a combination of education and experience which, in the judgment of the agency, is substantially equivalent to the standards of this subdivision. 
7. Evaluator IL Minimum qualifications: 
   1. a master's degree in vocational rehabilitation or related area such as personnel, counseling, guidance, and one year of experience in vocational rehabilitation or other suitable fields; 
   2. a bachelor's degree and three years of appropriate experience in such areas as industrial arts, occupational therapy or rehabilitation counseling; or 
   3. a combination of experience and training, such as experience as evaluator in a community rehabilitation program: or experience in industry and completion of specialized rehabilitation-related courses which, in the judgment of the agency, is substantially equivalent to the standards of this subdivision.
8. Job coach. Minimum qualifications for this Title shall be a combination of education and specialized experience, by which the individual demonstrates experience, aptitude and ability to provide direct assistance to persons in supported employment placements and to their employer.
9. Vocational rehabilitation counselor. Minimum qualifications:
   1. satisfaction of the requirements for eligibility to take the New York State civil service examination for vocational rehabilitation counselor: or
   2. certification as a rehabilitation counselor by the Commission on Rehabilitation Counselor Certification; or
   3. satisfaction of the requirements for eligibility to apply for such certification.

1. Purpose. The purpose of this section is to provide for the establishment of rehabilitation facilities and/or services through Federal funds designated for this purpose and administered by the Office of Vocational and Educational Services for Individuals with Disabilities.
2. Definitions. As used in this section:
   1. Agency means the New York State Education Department.
   2. Rehabilitation facility means a facility which is operated for the primary purpose of providing vocational rehabilitation or independent living services to handicapped individuals, and which provides singly or in combination one or more of the following approved services for handicapped individuals:
      1. vocational rehabilitation services, which shall include management, medical, psychological, social and vocational services;
      2. testing, fitting or training in the use of prosthetic and orthotic devices;
      3. prevocational conditioning or recreational therapy;
      4. physical and occupational therapy;
      5. speech and hearing therapy;
      6. psychological and social services;
      7. evaluation of rehabilitation potential;
      8. personal and work adjustment;
      9. vocational training with a view toward career advancement (in combination with other rehabilitation services);
      10. evaluation or control of specific disabilities;
      11. orientation and mobility services and other adjustment services to the blind;
      12. transitional or extended employment for those handicapped individuals who cannot be readily absorbed in the competitive labor market;
      13. comprehensive services for independent living, including, as appropriate:
          1. intake counseling to determine the client's need for specific rehabilitation services;
          2. referral and counseling services with respect to attendant care:
          3. counseling and advocacy services with respect to legal and economic rights and benefits;
          4. independent living skills, counseling and training, including such programs as training in the maintenance of necessary equipment and in job-seeking skills, counseling on therapy needs and programs and special programs for the blind and deaf;
          5. housing and transportation referral and assistance;
          6. surveys, directories and other activities to identify appropriate housing and accessible transportation and other support services;
          7. health maintenance programs;
          8. peer counseling;
          9. community group living arrangements;
          10. education and training necessary for living in the community and participating in community activities;
          11. individual and group social and recreational activities;
          12. other programs designed to provide resources, training, counseling, services or other assistance of substantial benefit in promoting the independence, productivity and quality of life of handicapped individuals;
          13. attendant care and training of personnel to provide such care; and
          14. such other services as may be necessary and not inconsistent with the provisions of this Part.
   3. Establishment of a rehabilitation facility means:
      1. the acquisition, expansion, remodeling or alteration of existing buildings, necessary to adapt them to rehabilitation facility purposes or to increase their effectiveness for rehabilitation facility purposes;
      2. the acquisition of initial equipment for such buildings for such purposes; or
      3. the initial staffing of a rehabilitation facility for a period not to exceed four years and three months.
3. Consistency with State rehabilitation facility planning. The agency shall determine, prior to agency approval for establishment the following:
   1. the need for new or expanded rehabilitation facility services in the geographic region served, or to be served, by the facility;
   2. the consistency of the development of the new services with State rehabilitation facility plans;
   3. the degree to which the new services would duplicate similar services currently available in the geographic area; and
   4. the availability of appropriate staffing and financial resources in the geographic area.
4. Adherence to standards. To be eligible for establishment support, the rehabilitation facility shall meet and maintain the following minimum standards:
   1. be a private nonprofit voluntary organization, pursuant to section 501 of the Internal Revenue Code, or a part thereof; or be a publicly operated organization or part thereof which has a formal agreement for the provision of services with the agency;
   2. be legally incorporated, or part of an organization which is legally incorporated;
   3. meet wage and hour standards for such programs set forth in 29 Code of Federal Regulations Parts 524, 525 and 529 (U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Washington, DC 20210, WH Publications 1316, revised March 1977, 1249, revised May 1979 and 1408, reissued December 1980, respectively-available at Office of Vocational and Educational Services for Individuals with Disabilities, Room 1907, One Commerce Plaza, Albany, NY 12234);
   4. meet fire and life safety standards set forth in 29 Code of Federal Regulations Part 1910 (General Industry OSHA Safety and Health Standards, OSHA 2206. revised March 11, 1983, U.S. Department of Labor, for sale by Superintendent of Documents. U.S. Government Printing Office, Washington, DC 20402-available at Office of Vocational and Educational Services for Individuals with Disabilities, Room 1907, One Commerce Plaza, Albany. NY 12234); and accessibility standards of the American National Standards Institute (ANSI A 117.1-1980, American National Standards Institute, 1430 Broadway. New York, NY 10018: 1980-available at Office of Vocational Rehabilitation, Room 1907, One Commerce Plaza, Albany, NY 12234);
   5. meet all agency staffing standards established in section 246.3 of this Part;
   6. develop and implement a plan to take affirmative action to employ and advance in employment qualified handicapped individuals, including specific action steps, timetables, and complaint and enforcement procedures;
   7. comply with all requirements concerning nondiscrimination against handicapped individuals pursuant to 34 Code of Federal Regulations Part 104 (Code of Federal Regulations, 1984 Edition, Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402: 1984-available at Office of Vocational and Educational Services for Individuals with Disabilities, Room 1907, One Commerce Plaza, Albany, NY 12234): and
   8. assure that services are provided without regard to race, creed, color, sex, national origin, age or type of disability.
5. Filing of an application. Each applicant for establishment shall file an application oil forms prepared by the agency, and shall include as a minimum the following:
   1. purpose and need for the service based upon the disabilities and program needs of clients in a geographic area;
   2. organization and administration;
   3. program of services;
   4. staffing of facility;
   5. physical plant;
   6. equipment;
   7. budgeting and finance;
   8. fiscal controls, records and reports;
   9. assurance of nondiscrimination; and
   10. assurance of affirmative action.
6. Financial participation. The maximum extent of Federal financial participation as administered by the agency will be 80 percent of total project costs as approved by the agency. It shall be within the sole discretion of the agency whether a particular rehabilitation facility's programs of service are utilized, and the agency may revoke its approval of utilization where it is deemed by the agency to be in the interest of efficient and effective administration notwithstanding a facility's compliance with the provisions of the above paragraphs.

1. Purpose. The purpose of this section is to provide for the construction of new buildings to serve as rehabilitation facilities or to replace and/or expand space in existing rehabilitation facilities.
2. Definitions. As used in this section:
   1. Agency means the New York State Education Department.
   2. Rehabilitation facility means a facility which is operated for the primary purpose of providing vocational rehabilitation services or independent living services to handicapped individuals, and which provides singly or in combination one or more of the following Office of Vocational and Educational Services for Individuals with Disabilities approved services for handicapped individuals:
      1. vocational rehabilitation services, which shall include management, medical, psychological, social and vocational services;
      2. testing, fitting, or training in the use of prosthetic and orthotie devices;
      3. prevocational conditioning or recreational therapy;
      4. physical and occupational therapy;
      5. speech and hearing therapy;
      6. psychological and social services;
      7. evaluation of rehabilitation potential;
      8. personal and work adjustment;
      9. vocational training with a view toward career advancement in combination with other rehabilitation services;
      10. evaluation or control of specific disabilities;
      11. orientation and mobility services and other adjustment services to the blind
      12. transitional or extended employment for those handicapped individuals who cannot be readily absorbed in the competitive labor market; and
      13. comprehensive services for independent living, including, as appropriate:
          1. intake counseling to determine the client's need for specific rehabilitation services;
          2. referral and counseling services with respect to attendant care;
          3. counseling and advocacy services with respect to legal and economic rights and benefits;
          4. independent living skills, counseling and training, including such programs as training in the maintenance of necessary equipment and in job-seeking skills, counseling on therapy needs and programs and special programs for the blind and deaf;
          5. housing and transportation referral and assistance;
          6. surveys, directories and other activities to identify appropriate housing and accessible transportation and other support services;
          7. health maintenance programs;
          8. peer counseling;
          9. community group living arrangements;
          10. education and training necessary for living in the community and participating in community activities;
          11. individual and group social and recreational activities;
          12. other programs designed to provide resources, training, counseling, services or other assistance of substantial benefit in promoting the independence, productivity and quality of life of handicapped individuals;
          13. attendant care and training of personnel to provide such care; and
          14. such other services as may be necessary and not inconsistent with the provisions of this Part.
   3. Construction means construction of a new building, acquisition of an existing building or the expansion, remodeling, alteration or renovation of existing buildings which are to be utilized for rehabilitation facilities purposes, as described in paragraph (2) of this subdivision; or the acquisition of initial equipment for such new, newly acquired, newly expanded, remodeled, altered or renovated buildings.
3. Consistency with State rehabilitation facilities planning. The agency shall determine, prior to agency approval for the construction of a rehabilitation facility, the following:
   1. the need for the addition of new rehabilitation facility services in the geographic location to be served by the facility;
   2. the consistency of the development of the new or expanded rehabilitation facility with State rehabilitation facilities plans;
   3. the degree to which the new or expanded rehabilitation facilities would duplicate services currently available in the geographic area; and
   4. the availability of appropriate staffing and financial support resources in the geographic area.
4. Adherence to standards. To be eligible for support for construction projects, the rehabilitation facility shall meet the minimum standards contained in section 246.4(d)(l)-(8) of this Part.
5. Filing of an application. Each applicant for construction shall file an application on forms prepared by the agency and include as a minimum the following:
   1. purpose and need for the new, expanded, altered, remodeled or renovated facility;
   2. organization and administration;
   3. program of services and the impact of the proposed construction upon those services;
   4. staffing of facility and the impact of the proposed construction upon that staffing;
   5. physical plant and the impact of the proposed construction upon that existing physical plant;
   6. equipment and the impact of the proposed construction upon that equipment;
   7. budgeting and finance and the impact of the proposed construction upon the existing budget and financial management of the facility;
   8. fiscal controls, records and reports and the impact of the proposed construction upon the existing fiscal controls, records and reports of the facility;
   9. assurance of nondiscrimination; and
   10. assurance of affirmative action.
6. State assessment. The State agency shall assess the rehabilitation facilities fiscal and administrative capability to complete the construction project.
7. Agency financial participation. Approval of construction for a new or existing facility by the agency does not assure agency participation in the funding or utilization of that facility. Total financial participation if approved by the agency for a given year for all construction projects, shall not exceed 10 percent of the State's allotment for such year under section 110 of the Rehabilitation Act of 1973, as amended.

1. Purpose. The purpose of this section is to provide standards for the provision of services by community rehabilitation programs.
2. Definitions. As used in this section:
   1. Agency means the New York State Education Department.
   2. Ancillary services means those aspects of an individual's program designed to support and enhance a basic evaluation or training orientation of the program. Such ancillary services include but are not necessarily limited to group, individual and family counseling; remedial education; occupational therapy; medical, psychological and other such services as may be specified by the agency.
   3. Diagnostic vocational evaluation (DVE) means a systematic appraisal and description of an individual's employment abilities, current levels of vocational performance, potential vocational capabilities for a job, interests or other traits or characteristics which relate to possible employment outcomes.
   4. Individual plan for employment (IPE) means a program developed pursuant to section 247.11 of this Title.
   5. Job-placement and follow-up services means a program of services, the purpose of which is to procure employment for an individual which is consistent with the goals and training program of the individual and the assurance of successful continuation of such employment.
   6. Work adjustment training (WAT) means a program of services which is consistent with the findings of the assessments of the individual, implements the IPE, and leads toward an employment outcome.
   7. Community rehabilitation program means an organization as defined in section 246.3(a)(3) of this Part.
   8. Special program means a short-term or part-time program of service provided at a community rehabilitation program which is deemed necessary by the agency for an individual and not otherwise defined in this subdivision.
   9. Specialized vocational training means a program of instruction which provides information and skills that are essential for the performance of tasks involved in, or directly related to, a specific occupation.
   10. Supported employment means paid competitive work that offers ongoing support services in integrated settings for individuals with the most significant disabilities. Supported employment is intended for individuals for whom competitive employment has not traditionally occurred or has been interrupted or intermittent as a result of a most significant disability.
3. Standards. Community rehabilitation programs shall comply with the following standards in providing services to the agency:
   1. Diagnostic vocational evaluation (DVE).
      1. Content. The DVE program and subsequent report shall include, but need not be limited to, the following information relating to the individual:
         1. intellectual capacity and emotional stability;
         2. physical and psychomotor capacities;
         3. interests, attitudes and aptitudes;
         4. personal, social and work history;
         5. work skills and work tolerance;
         6. work habits, including attendance, punctuality, concentration and interpersonal skills;
         7. mobility, communication, hygiene and other activities of daily living which relate directly and specifically to work or the ability to perform work;
         8. job seeking and job retention skills;
         9. potential to benefit from further services which are specifically identified;
         10. possible job objectives;
         11. recommendations for future services which may include immediate job placement or a program of WAT or other services;
         12. indication of the extent of the individual's involvement in development of the DVE program;
         13. indication of use of appropriate adaptive assessment tools and methods with individuals having sensory, communication or other functional impairments which might invalidate otherwise standardized procedures;
         14. potential job placements for the individual based upon opportunities in the labor market and upon the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and
         15. assurance that a variety of tasks and work settings for situational assessment are available and sufficient to meet the needs of the individual; whenever appropriate, the DVE shall make usc of:
             (1) work samples which shall include standardization as to materials, administration and scoring, competitive norms, and reliability and validity indicators; and/or
             (2) simulated job stations which must include an evaluation of individual's performances against competitive industrial or business standards.
      2. The agency may, at its discretion, establish special evaluation programs designed to meet those assessment needs of the individual which are not met in DVE programs.
   2. Trial work experience (TWE) - prior to any determination by the agency that an individual with a disability is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome because of the severity of that individual's disability, the agency must conduct an exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations to determine whether or not there is clear and convincing evidence to support such a determination. Trial work experience may include supported employment, on-the-job training and other experiences using realistic work settings. It mu~t include the following:
      1. adherence to the written plan for trial work;
      2. assessment of the individual's capacity to perform in work situations in the most integrated setting possible consistent with informed choice; and
      3. trial work experiences.
   3. Work adjustment training (WAT).
      1. Content. The WAT program shall include components for the satisfactory development of the following individual capacities to enable that individual to engage in employment:
         1. physical capacity, including general work stamina;
         2. psychomotor skills, including eye-hand coordination in the use of tools and equipment;
         3. interpersonal and communication skills;
         4. work habits;
         5. job seeking and job retention skills;
         6. appropriate dress and grooming;
         7. production skills;
         8. knowledge and awareness of time and attendance rules, payroll deductions and safety procedures;
         9. span of attention and concentration;
         10. travel skills;
         11. cognitive remediation;
         12. specific occupational skills;
         13. employment skills;
         14. other work-related skills, such as counting and measuring; and
         15. direct assistance in securing and retaining employment, including job searching, placement and follow-up services.
      2. Community rehabilitation programs shall submit individualized reports eonceming the individual's WAT program. Such reports shall indicate the type of services provided and the individual's progress toward the employment outcomes specified in the IPE, shall be in a format approved by the agency, and shall be submitted at intervals designated by the agency.
      3. The agency may, at its discretion, require the provision of such ancillary services as it deems appropriate to individual needs and circumstances.
   4. Job-placement and follow-up services.
      1. Content. Job-placement and follow-up services shall include the following minimum components:
         1. maintenance of active contact with employers to develop and identify job opportunities for individuals with disabilities;
         2. provision of employment and employment related counseling for placement candidates; such counseling shall include all information relevant to specific job openings such as job duties, skills needed, hours, wages, transportation, benefits advisement, and working conditions;
         3. on-site consultation with the potential employers to develop and identify job opportunities for individuals with disabilities; and
         4. maintenance of contact with employer and the individual for a sufficient length of time, based upon that individual's needs, to assure adequate job adjustment and retention.
      2. Job-placement and follow-up services shall be provided in a manner consistent with the following standards:
         1. Job-placement may be made at the conclusion of the DVE process, or at any point during the WAT process.
         2. The planned placement shall be consistent with the employment outcome of the IPE.
         3. Placement of an individual in a specific occupation and at a specific job site shall require full involvement of and prior approval by the agency.
         4. The community rehabilitation program facility may close a case as successfully employed only after the individual has remained in continuous employment for a minimum of 90 days.
         5. Community rehabilitation programs shall submit to the agency placement and follow-up reports in a format and at intervals specified by the agency.
   5. Specialized vocational training.
      1. Content.
         1. The specialized vocational training program shall be operated in conjunction with a specific curriculum of training services which has received the prior approval of the agency. Such program shall be individualized and shall follow a reporting format specified by the agency.
         2. Training shall lead to placement in a specific job category.
         3. The specialized vocational training program shall include regular contacts with potential employers in the community and shall make use of transitional employment, consisting of short-term progressive on-the-job experiences, and on-site training where appropriate.
         4. Prior to an individual entry into a specialized vocational training program, the suitability of such training for that individual shall be demonstrated by agency assessments and the findings and recommendations contained in the DVE report, IPE, trial work experience or WAT progress reports.
         5. The provisions of paragraphs (3) and (4) of this subdivision applicable to WAT and to job-placement and follow-up shall also apply to specialized vocational training.
   6. Special programs. Where existing programs do not meet individual needs, special programs may be established.
      1. Content. Such programs shall be conducted in accordance with the provisions of this paragraph.
         1. Prior to entrance of individuals into special programs, it shall be demonstrated, based on assessment by the agency counselor, supported by findings and recommendations, that involvement in the program is warranted and is consistent with the IPE.
         2. Reporting shall follow schedules and formats prescribed by the agency.
         3. The agency may impose such additional requirements as are necessary to assure the completion of the goals of each special program.
   7. Supported employment services.
      1. Community rehabilitation programs will have
         the following responsibilities: 
         1. actively involve consumers and their designated representatives in assessment, planning, and decisionmaking throughout the service delivery process;
         2. consider both the individual's and employer's satisfaction with the nature and frequency of the program's services and with the job placement itself;
         3. through a consumer centered decision making process, pursue the goals detailed in the IPE by using supported employment resources to the best advantage of the individual;
         4. report in a timely fashion as required to the agency on programmatic and fiscal details; and
         5. deliver supported employment services in accordance with Federal and State standards and any additional contractual obligations unique to the funding sources.
      2. Eligibility for supported employment services. Supported employment services ma~' be provided to any individual who is determined eligible for vocational rehabilitation services and who meets the criteria stated below as documented in the agency case record:
         1. has a most significant disability;
         2. has not traditionally participated in competitive employment or whose employment has been interrupted or intermittent as a result of a significant disability;
         3. has had a comprehensive assessment of rehabilitation needs which identifies supported employment as the appropriate vocational objective and has:
            (1) the ability to engage in a vocational process leading to supported employment;
            (2) a need for ongoing support services in order to perform and sustain competitive work;
            (3) the ability to work in a supported employment setting; and
            (4) met the criteria for extended service funding.
      3. Required features for agency supported employment programs. All supported employment programs funded by agency resources are required to comply with applicable regulations and guidelines, and to have the following characteristics, unless differences are specifically described in the approved agency contract.
         1. Programs must be explicitly designed to serve those people with the most significant disabilities who, by the nature of their vocational impairments, require the availabilityof:
            (1) intervention and advocacy on their behalf with employers, coworkers, and families to ease their integration into the workforce; and
            (2) ongoing support services over an extended period of time to maintain their employment.
         2. The program must include the provision of assistance necessary to maintain the person in employment, with no end date or time limit placed on this assistance.
         3. Persons with significant disabilities must be integrated into a work force of persons without disabilities.
         4. Programs offering supported employment provide intensive and extended services including, but not limited to: community-based assessment, job development and placement, job site training, advocacy, ongoing and related necessary supports.
            (1) Intensive services are provided to the individual both on and off the job site as frequently as necessary to teach performance of the duties as required by the employer and to foster social integration skills.
            (2) Supported employment requires extended services beyond the time limited resource capability of the vocational rehabilitation program.
            (3) Community rehabilitation programs will provide information regarding the funding source for each individual's extended services program.
   8. Standards for all community rehabilitation programs.
      1. The community rehabilitation programs shall comply with all applicable regulations of the Commissioner of Education and all applicable Federal, State and local laws.
      2. All programs designed to serve agency sponsored individuals shall be established only with prior agency approval.
      3. Individual records. The community rehabilitation program shall maintain individual case records and reporting systems necessary to meet all applicable professional, administrati and legal requirements and the requirements of this subparagraph.
         1. There shall be a single case record for each individual entering any program in the community rehabilitation program.
         2. The case record shall contain case identification, referral, history and diagnostic data.
         3. The case record shall provide sufficient information to allow the agency to assess the progress and current status of the individual in the community rehabilitation program, and shall indicate the involvement of that individual in developing his or her rehabilitation program.
      4. Financial records. The community rehabilitation program shall conduct its financial operations in compliance with all legal requirements and shall operate under an annual budget approved by its governing body.
         1. The community rehabilitation program's financial statement shall be prepared annually no later than 90 days after the close of the program's fiscal year. Such financial statement shall be examined and certified by an independent licensed accountant who is qualified to express an opinion on the accuracy and fairness of the statement. The governing body of the program shall review and act upon the recommendation of such accountant, and the statement shall be made available, to the agency, upon request, no later than 30 days after the completion of the statement.
         2. Generally accepted accounting principles shall be employed and organized so that charges for services or products may be based upon their actual cost.
            (1) Where fees for service are charged to other than individuals sponsored by the agency, the community rehabilitation program shall furnish to the agency a list of such rates charged to other agencies or to private purchasers of services. The rate charged the agency shall not exceed the lowest rate charged to such other agencies or private purchasers of services.
            (2) The community rehabilitation program shall maintain financial records which enable the agency to determine the proportion of program income used for direct services and the proportion used for indirect or administrative costs.
            (3) The community rehabilitation program shall maintain a separate account for each special project.
            (4) The community rehabilitation program shall maintain financial records which allow the agency to identify costs and revenue for each program or service (DVE, WAT, and/or any special program or project).
      5. Accessibility and nondiscrimination. Each community rehabilitation program shall comply with the accessibility and nondiscrimination standards set forth in Federal and State law. The agency may deny funding to and refuse to contract with any community rehabilitation program which fails to comply with such provisions.
      6. Safety.
         1. The community rehabilitation program shall assure that every individual served receives services in an environment that is free of recognized health and safety hazards.
         2. With respect to substances which have been identified by Federal or State agencies to be toxic or hazardous, but for which no level of safe exposure to such substances has been determined, the program shall not permit the use or storage of such substances within its premises.
         3. In situations in which a community rehabilitation program uses locations, other than those of the program, for job trials, for transitional employment, or for any other purpose, it shall assure that such location is in compliance with the provisions of this subparagraph.