Appendix I: Definitions of Key Terms

“Community rehabilitation programs provide vocational rehabilitation and other services to individuals with disabilities and represent the vast majority of 14(c) employers.”

“Community Rehabilitation Programs:

• Specialize in the employment of workers with disabilities and may also provide rehabilitation
• Sometimes referred to as supported employment worksites
• Receive [Department of Labor Wage and Hour Division]-issued 14(c) certificates for a 2-year period.”

• Subminimum Wage Program: DOL Could Do More to Ensure Timely Oversight (Washington, DC: U.S. Government Accountability Office, January 2023), summary and p. 7.

“The term ‘competitive integrated employment’ means work that is performed on a full-time or part-time basis (including self-employment)—

(A) for which an individual—

(i) is compensated at a rate that—

(I)(aa) shall be not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the applicable State or local minimum wage law; and

(bb) is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or

(II) in the case of an individual who is self employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

(ii) is eligible for the level of benefits provided to other employees;

(B) that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and

(C) that, as appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.”

• Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act, Sec. 404(5).

An expansion of the definition of competitive integrated employment:

“(9) Competitive integrated employment means work that—

(i) Is performed on a full-time or part-time basis (including self-employment) and for which an individual is compensated at a rate that–

(A) Is not less than the higher of the rate specified in section 6(a)(1) of

the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate

required under the applicable State or local minimum wage law for the

place of employment;

(B) Is not less than the customary rate paid by the employer for the

same or similar work performed by other employees who are not

individuals with disabilities and who are similarly situated in similar

occupations by the same employer and who have similar training,

experience, and skills; and

(C) In the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

(D) Is eligible for the level of benefits provided to other employees; and (ii) Is at a location—

(A) Typically found in the community; and

(B) Where the employee with a disability interacts for the purpose of performing the duties of the position with other employees within the particular work unit and the entire work site, and, as appropriate to the work performed, other persons (e.g., customers and vendors), who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these persons; and

(iii) Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.”

• Workforce Innovation and Opportunity Act regulations (§ 361.5(c)(9)) finalized on August 19, 2016.

Day habilitation does not have a single definition in use. Day habilitation services may include personal assistance services, daily living activities, peer support services, leisure and recreational activities, community life-skills, and more.

An example definition of integrated day services can be found in the Transformation to Competitive Integrated Employment Act.

Services –

“(i) designed to assist such people in developing skills and abilities to reside successfully in home and community-based settings;

(ii) provided in accordance with a person-centered written plan of care;

(iii) created using evidence-based practices that lead to such people—

(I) maintaining competitive integrated employment;

(II) achieving independent living; or

(III) maximizing socioeconomic self-sufficiency, optimal independence,

and full participation in the community;

(iv) provided in a community location that is not specifically intended for people with disabilities;

(v) provided in a location that—

(I) allows the people receiving the services to interact with people without disabilities to the fullest extent possible; and

(II) makes it possible for the people receiving the services to access

community resources that are not specifically intended for people with

disabilities and to have the same opportunity to participate in the

community as people who do not have a disability;

(vi) provided in multiple locations to allow the individual receiving the services to have options, thereby—

(I) optimizing individual initiative, autonomy, and independence; and

(II) facilitating choice regarding services and supports, and choice regarding the provider of such services; and

(vii) in compliance with the final rule of the Department of Health and Human Services entitled “Medicaid Program; State Plan Home and Community-Based Services, 5-Year Period for Waivers, Provider Payment Reassignment, and Home and Community-Based Setting Requirements for Community First Choice and Home and Community-Based Services (HCBS) Waivers.”

“Employment First is a national systems-change framework centered on the premise that all individuals, including those individuals with the most significant disabilities, are capable of full participation in competitive integrated employment and community life. Under this approach, publicly-financed systems are urged to align policies, regulatory guidance, and reimbursement structures to commit to [competitive integrated employment] as the priority option with respect to the use of publicly-financed day and employment services for youth and adults with significant disabilities.”

• Department of Labor, Office of Disability Employment Policy, “Employment First”.

SEC. 113. [29 U.S.C. 733] PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES

“(a) IN GENERAL.—From the funds reserved under section 110(d), and any funds made available from State, local, or private funding sources, each State shall ensure that the designated State unit, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this title.

(b) REQUIRED ACTIVITIES.—Funds available under subsection (a) shall be used to make available to students with disabilities described in subsection (a)—

(1) job exploration counseling;

(2) work-based learning experiences, which may include in-school or after

school opportunities, or experience outside the traditional school setting

(including internships), that is provided in an integrated environment to the

maximum extent possible;

(3) counseling on opportunities for enrollment in comprehensive transition

or postsecondary educational programs at institutions of higher education;

(4) workplace readiness training to develop social skills and independent

living; and

(5) instruction in self-advocacy, which may include peer mentoring.

(c) AUTHORIZED ACTIVITIES.—Funds available under subsection (a) and remaining after the provision of the required activities described in subsection (b) may be used to improve the transition of students with disabilities described in subsection (a) from school to postsecondary education or an employment outcome by—

(1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces;

(2) developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment;

(3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities; (4) disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section;

(5) coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(6) applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section;

(7) developing model transition demonstration projects;

(8) establishing or supporting multi-state or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and

(9) disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations.

(d) PRE-EMPLOYMENT TRANSITION COORDINATION.—Each local office of a designated State unit shall carry out responsibilities consisting of—

(1) attending individualized education program meetings for students with

disabilities, when invited;

(2) working with the local workforce development boards, one-stop centers,

and employers to develop work opportunities for students with disabilities,

including internships, summer employment and other employment

opportunities available throughout the school year, and apprenticeships;

(3) work with schools, including those carrying out activities under section

614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C.

1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of

pre-employment transition services under this section; and

(4) when invited, attend person-centered planning meetings for individuals

receiving services under title XIX of the Social Security Act (42 U.S.C. 1396 et

seq.).”

• Part B of Title I of the Rehabilitation Act of 1973 was amended by the Workforce Innovation and Opportunity Act with the following section, added a new term “Pre-Employment Transition Services”.

“(38) Supported Employment means competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment, that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities—

(A)(i) for whom competitive integrated employment has not historically

occurred; or

(ii) for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and

(B) who, because of the nature and severity of their disability, need intensive supported employment services and extended services […], in order to perform the work involved.

(39) SUPPORTED EMPLOYMENT SERVICES.—The term ‘‘supported employment services’’ means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that—

(A) are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment;

(B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and

(C) are provided by the designated State unit for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment.”

• As defined in the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act, Sec. 404(38) and (39).

“Vocational rehabilitation (VR), a state-supported division of services, assists individuals with disabilities who are pursuing meaningful careers. VR assists those individuals to secure gainful employment commensurate with their abilities and capabilities through local job searches and awareness of self-employment and telecommuting opportunities. Some states have separate VR agencies serving individuals who are blind and visually impaired.”

• JAN (Job Accommodation Network, Office of Disability Employment Policy), “State Vocational Rehabilitation Agencies”.

• Legal and complete definition of vocational rehabilitation may be found in the Rehabilitation Act of 1973, Sec. 103.