582-072-0005 Definitions The following definitions apply: (1) “Customized Employment” means competitive integrated employment, for an individual with a significant disability that is: (a) Based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, and (b) Designed to meet the specific abilities of the individual and the business needs of the employer, and (c) Carried out through flexible strategies, such as – (A) Job exploration by the individual; and (B) Working with an employer to facilitate placement, including - (i) Customizing a job description based on current employer needs or on previously unidentified and unmet employer needs; (ii) Developing a set of job duties, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location; (iii) Using a professional representative chosen by the individual, or if elected self-representation, to work with an employer to facilitate placement; and (iv) Providing services and supports at the job location. (2) “Business startup costs” means amounts paid or incurred for (a) Creating an active trade or business, or (b) Investigating the creation or acquisition of an active trade or business. Start-up costs include amounts paid or incurred in connection with an existing activity engaged in for profit, and for the production of income in anticipation of the activity becoming an active trade or business. (c) Qualifying business start-up costs are allowable if they meet both of the following tests: (A) It is a cost that is paid or incurred to operate an existing active trade or business (in the same field as the one you entered). (B) It is a cost paid or incurred before the day your active trade or business begins. (d) Start-up costs include amounts paid for the following. (A) An analysis or survey of potential markets, products, labor supply, transportation facilities, etc. (B) Advertisements for the opening of the business. (C) Salaries and wages for employees who are being trained and their instructors. (D) Travel and other necessary costs for securing prospective distributors, suppliers, or customers. (E) Salaries and fees for executives and consultants, or for similar professional services. (e) Nonqualifying costs. Start-up costs shall not include deductible interest, taxes, or research and experimental costs. (A) Research and experimental costs means activities intended to provide information that would eliminate uncertainty about the development or improvement of a product. (B) Uncertainty exists if the information available to you does not establish how to develop or improve a product or the appropriate design of a product. (C) Whether costs qualify as research and experimental costs depends on the nature of the activity to which the costs relate rather than on the nature of the product or improvement being developed or the level of technological advancement. (3) “Essential functions of the job” means the fundamental job duties of the employment position the individual with a disability holds or desires. The term “essential functions” does not include the marginal functions of the position. (a) A job function may be considered essential for any of several reasons, including but not limited to the following: (A) The function may be essential because the reason the position exists is to perform that function; (B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or (C) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function. (b) Evidence of whether a particular function is essential includes, but is not limited to: (A) The employer's judgment as to which functions are essential; (B) Written job descriptions prepared before advertising or interviewing applicants for the job; (C) The amount of time spent on the job performing the function; (D) The consequences of not requiring the incumbent to perform the function; (E) The terms of a collective bargaining agreement; (F) The work experience of past incumbents in the job; and/or (G) The current work experience of incumbents in similar jobs. (4) “Job coaching” means direct services authorized by Program staff and provided for the job to teach participant the essential skills necessary to complete required job tasks beyond what is normally provided by the employer. (5) "Job stability" means the participant and employer agree that job is satisfactory, the participant is adequately performing the duties of the job to the participant’s and employer’s satisfaction, job continues to match the vocational goal and number of hours as listed on referral, and long term supports, if needed, have been defined and are in place. (a) All components of job stability must be met. (A) The individual has reached the employment outcome in their individualized plan for employment (IPE), and (B) The individual has met or made substantial progress toward meeting the hours-per week work goal, and (C) The individual and the vocational rehabilitation counselor consider the employment outcome to be satisfactory and agree that the individual is performing well on their job, and (D) The employer is satisfied that that individual is performing well on their job, and, if applicable, (E) Before transition, extended (i.e., ongoing long-term) services must be available and can be provided without an interruption in service. (b) The maximum number of months the Program can provide supported employment services is 24 months. (c) A participant may choose to take a supported employment position paying at least minimum wage but lower than local comparable wages and benefits, on a short-term basis. In this circumstance: (A) The Program shall apply this category when the employment specialist finds a job that participant chooses to accept and that job pays a lower hourly wage and/or amount of benefits than other new employees of that business (or local comparable businesses) who are doing similar work at a similar number of hours per week. (B) This placement is approved by the Program counselor with the provision that the wage shall be increased when participant increases their targeted knowledge and skill and the employer agrees. (C) When a participant chooses to accept such a job offer, the Program shall only accept it as a placement on a short-term basis (six (6) months with a limited provision for an additional six (6) months). (D) In order for the VR counselor to accept the placement, the following shall occur: (i) The job developer and/or job coach work with participant to create, as part of the retention plan, a written plan to increase per hour salary and/or benefits; and (ii) The employer agrees with the plan; and (iii) The case record shall contain documentation of planning, monitoring of the plan, and agreements made between the VR counselor, participant and the employer. (6) “Maximizing hours” means all individuals with disabilities who want to work in the community shall be given an opportunity to pursue competitive employment that allows them to work the maximum number of hours consistent with individual choice, preferences, and circumstances, and all individuals who receive supported employment services in an integrated employment setting must have a goal of working the maximum numbers of hours consistent with their individual choice, preferences, and circumstances. (7) “Microenterprise” means a service of the program, which is self-employment, where: (a) The business is either full or part time in scope; and (b) The Program shall not pay more than $3,000 in business start-up costs. (8) “Natural Supports” means approaches that emphasize integrating individuals into the workplace culture in ways that are natural and typical, rather than accentuating limitations of individuals and supporting individuals with specialized assistance from a professional. (9) "Ongoing support services", as used in the definition of supported employment, means services that— (a) Are needed to support and maintain an individual with a most significant disability, including a youth with a most significant disability, in supported employment; (b) Are identified based on a determination by the Program of the individual's need as specified in an individualized plan for employment; (c) Are furnished by the Program from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers throughout the individual's term of employment in a particular job placement; (d) Include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on— (A) At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or (B) If under specific circumstances, especially at the request of the individual, the individualized plan for employment provides for off-site monitoring, twice monthly meetings with the individual; (e) Consist of— (A) Any particularized assessment supplementary to the comprehensive assessment of rehabilitation needs described in paragraph (c)(5)(ii) of this section; (B) The provision of skilled job trainers who accompany the individual for intensive job skill training at the work site; (C) Job development and training; (D) Social skills training; (E) Regular observation or supervision of the individual; (F) Follow-up services including regular contact with the employers, the individuals, the parents, family members, guardians, advocates or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement; (G) Facilitation of natural supports at the worksite; (H) Any other service identified in the scope of vocational rehabilitation services for individuals, described in §361.48(b); or (I) Any service similar to the foregoing services. (10) “Stabilization” means conditions that maintain or cause to maintain employment, clarified in closure criteria listed in the Individual Plan for Employment for the Program participant. (11) "Supported employment" — (a) Supported employment means competitive integrated employment, including customized employment, or employment in an integrated work setting in which an individual with a most significant disability, including a youth with a most significant disability, is working on a short-term basis toward competitive integrated employment that is individualized, and customized, consistent with the unique strengths, abilities, interests, and informed choice of the individual, including with ongoing support services for individuals with the most significant disabilities— (A) For whom competitive integrated employment has not historically occurred, or 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 disabilities, need intensive supported employment services and extended services after the transition from support provided by the Program, in order to perform this work. (b) For purposes of this part, an individual with a most significant disability, whose supported employment in an integrated setting does not satisfy the criteria of competitive integrated employment, as defined in paragraph (c)(9) of this section is considered to be working on a short-term basis toward competitive integrated employment so long as the individual can reasonably anticipate achieving competitive integrated employment— (A) Within six months of achieving a supported employment outcome; or (B) In limited circumstances, within a period not to exceed 12 months from the achievement of the supported employment outcome, if a longer period is necessary based on the needs of the individual, and the individual has demonstrated progress toward competitive earnings based on information contained in the service record. (12) “Supported employment services” means ongoing support services, including customized employment, and other appropriate services needed to support and maintain an individual with a most significant disability, including a youth with a most significant disability, in supported employment that are— (a) Organized and made available, singly or in combination, in such a way as to assist an eligible individual to achieve competitive integrated employment; (b) Based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; (c) Provided by the Program for a period of time not to exceed 24 months, unless under special circumstances the eligible individual and the rehabilitation counselor jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and (d) Following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment. (13) “Supported Microenterprise” means microenterprise where the Program determines through a comprehensive assessment that the Participant requires support, including natural supports, to plan for, establish, and maintain the microenterprise. (14) “Supported Self-Employment” means a method to, or environment within which, an eligible individual with significant disabilities may pursue an employment outcome matched to the participant’s skills and supports in order for the individual to carry out their employment goal. This method or environment provides required, additional activities in order to establish the viability of self-employment as an appropriate employment outcome. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020