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Code · BILL · 116th Congress · S. 260 (Introduced in Senate) — To assist employers providing employment under special certificates issued under section 14(c) of the Fair Labor Stan... · Sec. 102

Sec. 102. State grant program

1,096 words·~5 min read·/bill/116/s/260/is/section-102

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To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. Each application submitted under paragraph
(1)shall include— a description of the status of the employers in the State providing employment using special certificates, including— the number of employers providing employment using special certificates; the number of such employers that provide competitive integrated employment, which shall include employers providing such employment in combination with integrated services; the number of employees employed under a special certificate, disaggregated by employer; the average number of hours such an employee works per week (including the range and median of hours), disaggregated by employer, and reported for the State as a whole; and the average hourly wage for such an employee (including the range and median wage), disaggregated by employer, and reported for the State as a whole; a description of activities to be funded under the grant, and the goals of such activities, including— the process to be used to identify each employer in the State that will transform its business and program models from providing employment using special certificates to providing competitive integrated employment or a combination of competitive integrated employment and integrated services, which, by the end of the 6-year grant period for the State, results in the discontinuation of employment using special certificates in the State, with the exception that any individual employed under a special certificate as of June 4, 1997, may continue to be employed in the employment setting in which such individual was employed as of the day before the date of enactment of this Act, without regard to whether such setting provides integrated employment or a combination of integrated employment and integrated services; the number of such employers in the State that will carry out a transformation described in clause (i); the service delivery infrastructure that will be implemented in the State to support individuals who have been employed under special certificates through such a transformation; the integrated employment and integrated services that will be implemented in the State to support such individuals; the timeline for phasing out employment using special certificates in the State; a timeline for the expansion of employers that will provide competitive integrated employment or a combination of competitive integrated employment and integrated services for individuals who have been employed under special certificates; a description of the expanded integrated employment and integrated services to be provided to such individuals as a result of a transformations described in clause (i); and a description of the process to be used to engage stakeholders in such transformations; a description of how the activities under the grant will coordinate and align Federal, State, and local programs, agencies, and funding in the transformations described in subparagraph (B)(i); a description of the State’s evaluation plan to determine the impact of the grant; assurances that— the activities carried out under the grant will result in each employer in the State that provides employment using special certificates to transform as described in subparagraph (B)(i); individuals with the most significant intellectual and developmental disabilities who will be impacted by such a transformation will be given priority in receiving the necessary supports and services to succeed during and after such a transformation; each individual in the State who is employed under a special certificate will, as a result of such a transformation, be employed in competitive integrated employment or be so employed and receive the integrated services desired by the individual; the State agencies responsible for developmental disability services, Medicaid, education, vocational rehabilitation, mental health services, and other supports agree to be partners in the goals of the grant; the State will comply with requirements of the Secretary with respect to the collection of data and will require employers providing employment under special certificates in the State to comply with such requirements; the State will cooperate with the evaluation under title IV by providing all data required and allow the evaluation of activities under the grant; the State will create an advisory council described in paragraph
(3)to monitor and guide the process of transforming business and program models of employers in the State; and the State will cooperate with the nonprofit entity carrying out technical assistance and dissemination activities under title III; and such other information and assurances as the Secretary may reasonably require. A State receiving a grant under this section shall create an advisory council composed of the following: At least 25 percent of the members are individuals with disabilities. Two family members of individuals with intellectual or developmental disabilities who are employed under a special certificate. Two employers providing competitive integrated employment. Two employers providing employment under special certificates. A representative of a nonprofit agency specializing in competitive integrated employment. A representative of the State developmental disability agency. A representative of the State vocational rehabilitation agency, as such term is used under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.). A representative of an agency in the State described in paragraph
(6)or
(7)of section 8501 of title 41, United States Code. A representative of the State independent living centers, as such term is used under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.). A representative of the State Council on Developmental Disabilities, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). A representative of one of the State University Centers for Excellence in Developmental Disabilities Education, Research, and Service, established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq.). Representatives of other State agency and disability organizations (such as the State Medicaid agencies, State Protection and Advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ), and other disability related offices and groups with expertise in competitive integrated employment). To the extent practicable, the Secretary shall distribute grant funds under this section equitably among geographic areas of the United States, and take into account rural and urban diversity. A grant under this section shall be awarded for a period of 6 years. A State may only be awarded 1 grant under this section. A grant awarded under this section may not be made in an amount that is less than $2,000,000, or more than $10,000,000, for the 6-year grant period.
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