                                 CODE OF VIRGINIA

LONG-TERM EMPLOYMENT SUPPORT SERVICES AND EXTENDED EMPLOYMENT SERVICES (§
51.5-169.1)

A. Long-Term Employment Support Services and Extended Employment Services shall
be provided in the Commonwealth to assist individuals with a significant
disability or most significant disability with maintaining employment. The
Department shall administer and make referrals for such services in accordance
with the provisions of this section.

B. Long-Term Employment Support Services shall be provided to individuals with a
most significant disability, as defined in 29 U.S.C. &#xA7; 705, to assist such
individuals with maintaining group-supported employment or individual
center-based, facility-based, or community-based employment through an
employment services organization.
			All employment services organizations that provide group-supported,
center-based, facility-based, or community-based employment services to
individuals with a most significant disability shall be eligible to receive
funding for Long-Term Employment Support Services.

C. Extended Employment Services shall be provided to individuals with a most
significant disability and individuals with a significant disability, as those
terms are defined in 29 U.S.C. &#xA7; 705, to assist such individuals with
maintaining group-supported employment or individual center-based or
facility-based employment through an employment services organization. Extended
Employment Services funds may also be used to support such individuals that
transition from group-supported, center-based, or facility-based employment into
community-based employment. Extended Employment Services shall be provided upon
the informed choice of the individual being served and in accordance with the
Commonwealth&#8217;s Employment First initiative, federal law and regulation,
and the Commonwealth&#8217;s August 23, 2012, settlement agreement with the U.S.
Department of Justice.
			All employment services organizations that provide group-supported,
center-based, or facility-based employment services to individuals with a most
significant disability or individuals with a significant disability, or that
provide community-based employment services to such individuals transitioning
from group-supported, center-based, or facility-based employment, shall be
eligible to receive funding for Extended Employment Services.

D. The Department shall make referrals to any employment services organization
that provides competitive or commensurate wages and is eligible to receive
state-funded Long-Term Employment Support Services pursuant to subsection B or
Extended Employment Services pursuant to subsection C. The Department shall
develop and implement a referral process to refer individuals to employment
services organizations for services described in subsections B and C. Such
referral process shall require that whenever an individual makes an informed
choice to pursue an employment outcome that is not considered a competitive
integrated employment setting by the Department, the Department shall refer the
individual to eligible employment services organizations that provide the
employment services sought by the individual within 15 days. Upon making such
referrals, the Department shall provide to the employment services organization,
in writing, (i) a referral letter that includes the skills, likes, dislikes, and
desired outcome of the individual seeking services; (ii) certification that the
individual made an informed choice to pursue an employment outcome that is not
considered a competitive integrated employment setting by the Department; and
(iii) the contact information of the individual seeking services. The Department
shall also provide to the individual seeking services, in writing, (a) the
contact information of the employment services organizations to which the
individual is referred and (b) information and advice regarding the services
available at such employment services organizations that will help the
individual to prepare for, secure, maintain, or regain employment in accordance
with the provisions of this section and applicable federal law and regulations.
The Department shall provide training to all vocational rehabilitation
counselors immediately upon employment and annually thereafter regarding the
referral process established by the Department pursuant to this subsection.

E. In allocating funds for Long-Term Employment Support Services and Extended
Employment Services, the Department shall consider recommendations made by the
Employment Service Organization Steering Committee established in &#xA7;
51.5-169.2.

HISTORY: 2018, cc. 243, 377; 2019, cc. 851, 852.