Policy

The criteria to be used to determine whether a position is competitive integrated employment is based on 34 CFR, §361.5(c)(9) and guidance provided in the preamble to the 2016 final regulations (81 FR at 55641-55645) as amended by the Workforce Innovation and Opportunity Act (WIOA).

Competitive integrated employment:

Is performed on a full-time or part-time basis (including self-employment) and for which an individual is compensated a rate that-

a) Is not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act or the rate required under the applicable State or local minimum wage law for the place of employment;

b) Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and

c) In the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

d) Is eligible for the level of benefits provided to other employees; and

Is at a location-

a)Typically found in the community; and

b) Where the employee with a disability interacts for the purpose of performing the duties of the position with other employees within the particular work unit and the entire work site, and, as appropriate to the work performed, other persons (e.g., customers and vendors), who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these persons; and

Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.

Process

General Determination Process

Notification of Referral

In any circumstance in which there is a question about whether the position is competitive, or the setting is integrated (e.g. a business established for the sole purpose of employing people with disabilities, if wages fall below minimum wage, if wages are to be paid “under the table” or any other criteria in the definition of Competitive Integrated Employment is possibly not being met), a referral for an individualized assessment or consultation of the prospective position will be made to the Program Director of Evaluation and Community Integration.

When a supported employment agency or independent provider considers an individual placement or has placed a Nebraska VR client at a business in which CIE criteria is questioned, it is the responsibility of the VR specialist to notify Program Director for Evaluation and Community Integration to schedule an assessment PRIOR to authorizing supported employment or job coach funding.

Assessment for Determining Competitive Integrated Employment

Once notified, the Program Director will complete the Assessment for Competitive Integrated Employment Determination Checklist in partnership with the provider. The Program Director will issue the determination and completed checklist to the provider, VR specialist, and VR client (for supported self-employment situations ONLY).

Following the Determination

If the position is determined to be competitive integrated, develop IPE or amend existing IPE as necessary, consider comparable benefits (Behavioral Health eligibility/funding), and authorize supported employment or job coaching if required.

If job is determined non-competitive or competitive, non-integrated, provide full consultation concerning the scope of the VR program and opportunities for individuals with disabilities to pursue competitive integrated employment to the person and authorized representative, when applicable. This information enables individuals to make a fully informed choice regarding whether to pursue competitive integrated employment through the VR program or subminimum wage and extended employment through other sources.

Following consultation, if the individual chooses to accept a position determined to be either non-competitive or non-integrated, VR specialist will complete an Information & Referral (I & R) to Other Programs.

Ability One Process

Annual Onsite Assessment

Annually, the Program Director for Evaluation and Community Integration will complete an onsite assessment of all positions funded through Javits-Wagner-O'Day Act (JWOD) contracts. In Nebraska, JWOD contracts are also known as AbilityOne sites through Black Hills Works at Offutt Air Force Base (stocking), CW Resources at Ameritex Services (production laundry), and with Goodwill-Omaha at Denney Federal Building and Zorinsky Federal Building (cleaning) and Offutt Air Force Base (custodial and postal).

Outside of the annual review period, if an AbilityOne site were to develop a new position, Nebraska VR will assess that position to determine competitive, integrated employment prior to considering individual placement.

Notification of Referral

VR staff are required to notify both Program Director for Evaluation and Community Integration and their Office Director each time a referral for employment is discussed or formally made to a position funded through Javits-Wagner-O’Day Act (JWOD) contracts.

*Refer to the AbilityOne Process chart for timelines (Offutt only).

*At this time, neither Goodwill (Omaha) nor CW Resources are Medicaid providers, nor do they have service agreements with VR to provide supported employment.

Notification of Assessment for Determining Competitive Integrated Employment

It is the responsibility of the service provider agency to notify the Program Director for Evaluation and Community Integration when an individual assessment to determine competitive integrated employment (CIE) is required for JWOD or AbilityOne sites. Providers have been notified of their responsibility to request assessment.
Once notified, the Program Director will complete the Assessment for Competitive Integrated Employment Determination Checklist in partnership with the provider. Program Director will issue the determination and completed checklist to the provider and VR specialist.

Process Following Determination

If the position is determined to be competitive integrated, develop IPE or amend existing IPE as necessary, consider comparable benefits (Behavioral Health eligibility/funding), and authorize supported employment or job coaching if required.
If job is determined non-competitive or competitive, non-integrated, provide full consultation concerning the scope of the VR program and opportunities for individuals with disabilities to pursue competitive integrated employment to the person and authorized representative, when applicable. This information enables individuals to make a fully informed choice regarding whether to pursue competitive integrated employment through the VR program or subminimum wage and extended employment through other sources.

Forms Associated to This Chapter

Information and Referral (I & R) to Other Programs
Assessment for Competitive Integrated Employment Determination Checklist
AbilityOne Process

Approved Date
May 08, 2024	Show this Archived Version
October 28, 2021	Show this Archived Version
August 17, 2021	Show this Archived Version
April 09, 2020	Show this Archived Version

Assessment for Determining Competitive Integrated Employment

Policy

Process

General Determination Process

Ability One Process

Forms Associated to This Chapter

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