(a) The commissioner, in consultation with the developmental
disabilities advisory council, shall establish a plan to increase
employment opportunities for people with developmental disabilities. The
plan shall include, but not be limited to:
(1) identification of strategies to increase competitive employment
opportunities for individuals with developmental disabilities, including
students transitioning from educational programs;
(2) data concerning job retention among individuals with developmental
disabilities and the identification of strategies to increase job
retention;
(3) identification of models of integrated employment promoting, to
the greatest extent possible, individuals with developmental
disabilities working alongside individuals without disabilities,
including considerations of ability levels, critical life transitions
and appropriate options;
(4) strategies for assisting individuals in transitioning from
sheltered workshop programs to competitive employment;
(5) partnerships with business communities and senior services to
assist in increasing the availability of competitive employment for
older adults;
(6) identification of means to assist individuals with significant
behavioral or medical needs in preparing for and moving towards
integrated employment;
(7) technical assistance, compliance and transition assistance
procedures for existing providers who seek to transition to competitive
and/or integrated employment models; and
(8) assessments of funding and necessary supports for individuals and
providers.
(b) The commissioner, in consultation with the developmental
disabilities advisory council, shall develop the plan with input from
stakeholders, including individuals with developmental disabilities,
parents and guardians of individuals with developmental disabilities,
advocates and providers of services for individuals with developmental
disabilities.
(c) The plan required pursuant to this section shall be developed and
submitted to the temporary president of the senate and speaker of the
assembly and posted on the website of the office for people with
developmental disabilities within one hundred eighty days of the centers
for medicare and medicaid services' approval of the plan to increase
competitive employment opportunities for people with developmental
disabilities.
(d) Individuals with developmental disabilities who were employed in
sheltered workshops on or after July first, two thousand thirteen who
are not interested in working or who are not able to work in a
provider-owned business or private business in the community shall, to
the extent practicable and in accordance with the principles of
person-centered planning, be afforded the option of receiving other
services of the office, including, but not limited to pathway to
employment, community prevocational, day habilitation, community
habilitation and self-directed services. The provision of such services
shall consider, but not be limited to, the following factors:
(1) assessment of the individual's skills, including social behavior,
ability to handle stress, ability to work with others, job performance,
communication skills, work ethic, and interests;
(2) assessment of the individual's situation, including transportation
needs, family supports, and physical and mental health; and
(3) creation of opportunities to explore different community and
volunteer experiences to obtain information that will be used to create
a person-centered plan.
(e) For individuals with developmental disabilities who were employed
in sheltered workshops on or after July first, two thousand thirteen
interested in retirement, office services shall focus on connecting
individuals to retirement-related activities, including participating in
senior and community center activities, and other local activities for
retirees.
* NB There are 2 ยง 13.41's
Structure New York Laws
Title C - Developmental Disabilties Act
Article 13 - Office for People With Developmental Disabilities
13.01 - Declaration of Policy.
13.05 - Developmental Disabilities Advisory Council.
13.07 - Office for People With Developmental Disabilities; Scope of Responsibilities.
13.09 - Powers of the Office and Commissioner; How Exercised.
13.15 - Programs of the Office for People With Developmental Disabilities.
13.17 - Programs, Services, and Operations in the Office for People With Developmental Disabilities.
13.19 - Personnel of the Office; Regulations.
13.23 - Education and Training Programs.
13.24 - Sheltered Workshops, Work Activity and Day Training Services.
13.31 - Disposition of Moneys and Securities.
13.34 - On-Site Client Advocacy in Developmental Centers.
13.38 - Additional Duties of the Office With Respect to Persons Receiving Transitional Care.
13.40 - People First Waiver Program.
13.41 - Integrated Employment Plan.
13.41*2 - Retaliatory Personnel Actions.
13.42 - Autism Spectrum Disorders Advisory Board.