2006 New York Code - Vocational Programs; Sheltered Workshop Industrial Contract Income.



 
  § 41.39 Vocational  programs;  sheltered  workshop  industrial  contract
            income.
    (a) The commissioner of mental health and the commissioner  of  mental
  retardation  and  developmental  disabilities shall, consistent with the
  state integrated employment implementation plan  developed  pursuant  to
  subdivision two of section one thousand four-b of the education law, and
  subject to appropriations made therefor, to develop and support services
  that  provide  individuals  with  mental disabilities the opportunity to
  learn  and  develop  employment  related  skills  and  work  experience,
  including   but  not  limited  to  sheltered  workshops  and  integrated
  employment opportunities, including supported  employment,  as  provided
  pursuant  to sections one thousand four-a and one thousand four-b of the
  education law. Such programs shall, to the extent possible:
    1. be integrated with and not duplicate employment  programs  provided
  through  the  state  education  department and shall ensure that funding
  provided pursuant to this subdivision is not used for the  provision  of
  services that are the responsibility of other state agencies pursuant to
  the  plan  developed pursuant to subdivision two of section one thousand
  four-b of the education law;
    2. provide an array of rehabilitation and support  services  necessary
  to meet the individual's vocational and career developmental needs;
    3. integrate the office's vocational programs and other needed support
  services   including   but   not  limited  to:  clinical,  social,  case
  management,  residential   and   transportation   services   to   ensure
  flexibility  in  meeting  the needs of individuals in transition between
  program models; and
    4. provide each individual with the appropriate  supports  to  achieve
  and  maintain  employment  in  the  most integrated setting appropriate,
  while maximizing each individuals personal strengths and preferences.
    (b) Notwithstanding any  other  provisions  of  this  article,  income
  realized  by a voluntary not-for-profit agency from industrial contracts
  entered into pursuant to its operation of a sheltered workshop shall  be
  matched  dollar  for  dollar  by  an  office of the department of mental
  hygiene through direct contract with the agency provided that no part of
  the expenses of such sheltered workshop are claimed through  a  contract
  with  the  local  governmental  unit  which  is  receiving  funding  for
  reimbursement of such expenses from the same office  of  the  department
  provided that such sheltered workshop is operating in accordance with an
  approved  local  or  unified  services  plan.  In  no  event  shall  any
  combination of income including state  aid  exceed  the  total  cost  of
  operation of such sheltered workshop.

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