32 Miss. Code. R. 10-11-11.1

Current through December 10, 2024

Section 32-10-11-11.1 - Definitions

Competitive Integrated Employment (CIE) means work that: ⁹⁶

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

* Is not less than the rate required under the current minimum wage law;

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

* 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 and who are self-employed in similar occupations.

2. Is eligible for the level of benefits provided to other employees; and is in a location where:

* General working conditions demonstrate integration with other workers rather than separation or segregation;

* The job is available to the general public;

* The individual is employed under the same working conditions as others in similar positions (e.g. work hours, rest room facilities, lunch or other break arrangements, entrances/exits; and

* The individual has ongoing interaction on the job site, as part of their work responsibilities, with other workers without disabilities, supervisors, and the public to the same degree as workers without disabilities in the same or comparable occupations.

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

Customized Employment means CIE, for an individual with a significant disability, that is: ⁹⁷

1. Based on an individualized determination of the unique strengths, needs, and interests of the individual;

2. Designed to meet the specific abilities of the individual and the business needs of the employer; and

3. Carried out through flexible strategies, such as:

* Job exploration by the individual;

* Working with an employer to facilitate placement;

* Customizing a job description based on current employer needs or on previously unidentified and unmet employer needs;

* Developing a set of job duties, a work schedule, specifics of supervision (including performance evaluation and review), and determining a job location;

* Using a professional representative chosen by the individual, or if elected self-representation, to work with an employer to facilitate placement; and

* Providing services and supports at the job location.

Supported Employment means CIE, including customized employment, or employment in an integrated work setting in which an individual with a most significant disability, is working on a short-term basis toward CIE that is individualized and consistent with the unique strengths, abilities, interests, and informed choice of the individual. ⁹⁸

Individuals in supported employment receive ongoing support services from their counselor, from the time of job placement, until they can be transitioned to extended services. Extended Services are provided to assist individuals in maintaining their employment outcome after they have transitioned from the support of their counselor. ⁹⁹

Employment Outcome means, entering, advancing in, or retaining full-time or part-time CIE (including customized employment, self-employment, telecommuting, or business ownership), or supported employment that is consistent with an individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. ¹⁰⁰

Extended Employment means work in a non-integrated or sheltered setting for a public or private nonprofit agency or organization that provides subminimum wage compensation in accordance with section 14(c) the Fair Labor Standards Act. ¹⁰¹

32 Miss. Code. R. 10-11-11.1

Adopted 8/1/2022