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S.F. No. 1533 - Vocational Rehabilitation
 
Author: Senator John A. Hoffman
 
Prepared By:
 
Date: March 16, 2015



 

Background

S.F. No. 1533 makes substantive and terminology changes to the state law regulating vocational rehabilitation administered by the commissioner of employment and economic development.  Vocational rehabilitation or extended employment is a joint federal-state program.

Section 1 amends the definition of “rehabilitation facility” to “community rehabilitation provider."  A provider must be a nonprofit or public entity offering at least one extended employment subprogram for persons with the most significant disabilities.

Section 2 amends the definition of "extended employment program” to eliminate the concept of “center-based” employment and replacing it with “noncompetitive” employment.

Section 3 redefines “supportive employment” to include the concept of “competitive integrated” employment.  Qualifying supportive employment must provide, among other requirements, a prescribed wage, fringe benefit levels, levels of interaction with persons who are not individuals with disabilities, and opportunities for job advancement.

Section 4 defines a new term of “noncompetitive employment."  Noncompetitive employment may be compensated below the applicable minimum wage and the work is performed at a location where the employee does not have interaction with individuals who do not have a disability.

Section 5 defines “noncompetitive employment subprogram” which is work and services for persons with a significant disability who is opposed to working in an integrated setting in the mainstream labor market.

Section 6 defines “special minimum wage” which is a wage below the applicable general minimum wage.

Section 7 defines “informed choice” for persons in a noncompetitive employment subprogram and sets requirements for making an informed choice to not participate in integrated employment.

Section 8 defines what constitutes an integrated setting for individuals with disabilities.

Section 9 defines “segregated setting” and sets requirements that must be met to place or retain an individual in a segregated setting.

Section 10 is a technical conforming terminology amendment.

Section 11 makes conforming amendments to reflect terminology and policy changes made by the bill.

Section 12 regulates the criteria for receiving program certification for a community rehabilitation provider.

Sections 13 and 14 make conforming terminology amendments.

Section 15 reformulates the purpose of the extended employment program.

Sections 16 to 19 are technical changes to conform with policy and terminology changes made by the bill.

Section 20 repeals the authority of the commissioner not to withdraw funds from a noncomplying program if the program submits a plan for compliance.

Section 21 is a repealer.  It repeals the definitions of “center-based employment subprogram” and “affirmative business enterprise employment” in section 268A.01.  It also repeals provisions in section 268A.15 related to defining “severe impairment,” authorizing a separate program for severe impairment to employment individuals, and the authority of the commissioner to certify certain settings as integrated.

JCF/syl

 
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