ESBD_548201_1786394382895_Attachment 03-Chapter 01.pdf

3202600194 Employment Services - Attachment 03

Joe Esparza, Chairman and Commissioner

Representing Employers

Alberto Treviño III, Commissioner

Representing Labor

Brent Connett, Commissioner

Representing the Public

Steve Pier, Executive Director

Attachment 3 – Chapter 01 For

3202600194 Employment Services

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Contents

Chapter 1 Introduction to Vocational Rehabilitation

Competitive Integrated Employment

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Vocational Rehabilitation Standards for

Providers Manual

CHAPTER 1 INTRODUCTION TO VOCATIONAL

REHABILITATION

Texas Workforce Commission Vocational Rehabilitation (TWC-VR) has developed both the VR Standards for Providers Manual (VR-SFP) and the

Vocational Rehabilitation Services Manual (VRSM) to comply with federal and state laws, statutes, and rules or regulations while allowing for the use of professional judgment and sensitivity in administering the VR program to meet the individual needs of VR customers. For more information about requesting exceptions to policies and procedures, see VRSM E-200: Summary Table of

Approvals, Consultations, and Notifications. For more information about the roles and responsibilities of VR staff in the VR process, see VRSM B-100:

Vocational Rehabilitation Process, Roles, and Responsibilities.

Links to other information throughout these manuals provide examples, tools, and practical application guides that support existing policies and procedures.

Links also are provided to other policies, procedures, rules, regulations, and forms that must be applied. All links in the VR-SFP are available to anyone who is accessing the manual either externally or internally. However, in the VRSM, there are links that are intended to provide additional decision-making support to VR staff that may not be available to individuals who are accessing the

VRSM outside of TWC's firewall. Copies of materials that cannot be accessed directly through links can be made available upon request.

VR staff must be familiar with and apply both the VR-SFP and the VRSM in all decision making. Providers of VR services that are provided under contract

3202600194 Employment Services - Attachment 03 Page 4 of 5 must comply with content in the VR-SFP that is related to the services provided. Providers of VR services that are not provided through a contract are subject to the content in the VRSM that is related to the services provided.

Competitive Integrated Employment

All services and support provided by TWC-VR are provided for the sole purpose of achieving a competitive integrated employment outcome, as defined in 34

CFR §361.5(c)(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—

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(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.

For more information about competitive integrated employment, refer to the on demand webinars on the Vocational Rehabilitation Provider Resources webpage or email VR Standards (vr.standards@twc.texas.gov).

https://www.twc.texas.gov/programs/vocational-rehabilitation/provider-resources https://www.twc.texas.gov/programs/vocational-rehabilitation/provider-resources mailto:vr.standards@twc.texas.gov