New York Laws
Article 21 - Vocational Rehabilitation
1004-A - Sheltered Workshops for Individuals With Developmental Disabilities, Mental Illness or a Severe Physical Handicap.

§ 1004-a. Sheltered workshops for individuals with developmental
disabilities, mental illness or a severe physical handicap. 1.
Declaration of purpose. The conditions associated with a developmental
disability, mental illness and severe physical handicap are such that
many young people, after laborious training in the schools and
otherwise, reach the point in their lives where they can and should,
under proper and continued guidance, engage in sheltered employment. The
effects of such employment are salutary in many ways. The affected
individual is helped to become a contributing member of society. The
state is saved the expense of his or her institutionalization in already
overcrowded state schools and facilities. The family retains closer
contact with him or her and is spared the anxieties naturally attaching
to separation and institutionalization. All of these factors have also
been shown to reflect tangible benefit upon individuals with
developmental disabilities, mental illness or a severe physical handicap
in improving his or her overall condition. The purpose of this measure
is to specifically encourage the development, improvement and expansion
of such sheltered employment facilities by non-profit agencies, so that
the salutary effects mentioned can be expediently accomplished.

2. Special provisions relating to individuals with a developmental
disabilities, mental illness or a severe physical handicap in extended
sheltered employment in workshops. Notwithstanding any other provision
of this article, when it shall appear to the satisfaction of the
department that an individual with a developmental disability, mental
illness or a severe physical handicap over the chronological age of
seventeen years can reasonably be expected to benefit from, or in his or
her best interests reasonably requires extended sheltered employment in
a workshop as defined in subdivision eight of section ten hundred two of
this article, furnished by an approved non-profit organization, the
department is authorized to contract with such organization for the
furnishing of such sheltered employment to such individual with a
developmental disability, mental illness or a severe physical handicap;
and the department is further authorized to expend for such purpose a
sum or sums not less than one thousand five hundred dollars per annum
for each such individual with a developmental disability, mental illness
or a severe physical handicap, for or towards the cost of providing such
sheltered employment for each such individual with a developmental
disability, mental illness or a severe physical handicap.

The department shall pay at least quarterly during the state fiscal
year such sums as are authorized to such organizations for such
sheltered employment immediately upon the completion of evaluation and
personal adjustment services under the sponsorship of the department.

3. The department shall maintain a register of such nonprofit
organizations which, after inspection of the facilities for sheltered
employment provided by them, it deems qualified to meet the needs of
such individuals with developmental disabilities, mental illness or a
severe physical handicap. Such inspection shall also determine the
eligibility of such organization to receive the funds hereinbefore
specified.

4. The department is authorized to contract with such nonprofit
organizations for the provision of vocational rehabilitation services
which lead to sheltered employment.

5. The department shall assure that individuals in long-term sheltered
employment operated by not-for-profit agencies are periodically reviewed
to determine the feasibility of their employment, or training for
employment, in integrated work settings and that maximum efforts toward
such employment occur, whenever it is determined to be feasible.

6. The commissioner is authorized to promulgate such reasonable rules
and regulations as he may deem necessary or proper to carry out the
provisions of this section.