N.Y. Comp. Codes R. & Regs. tit. 8 § 246.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 246.2 - Rehabilitation workshop support program

(a) The rehabilitation workshop support program is designed to provide partial funding support for community rehabilitation facilities and workshops, through grants for payment of a portion of the salaries of rehabilitation facility and workshop personnel giving rehabilitation services to improve and develop services, to more effectively serve the disabled and to attain the objective of greater employment of clients and sheltered workers in competitive employment.

(b)Definitions.

As used in this section:

(1)Agency means the New York State Education Department, Office of Vocational and Educational Services for Individuals with Disabilities.

(2)Homebound clients means those clients to whom the workshop provides professional services in addition to homework employment.

(3)Long-term sheltered worker means an individual who has completed evaluation and personal adjustment services sponsored by the agency or the Commission for the Blind and Visually Handicapped, or who has completed 12 months of service in a workshop.

(4)Severe physical handicap means a condition for which there is a determined diagnosis as approved by the American Medical Association and diagnosed by a physician licensed by the State of New York to practice medicine, and which results in a substantial impairment of physical function that meets the requirements for severe disability stated in 35 CFR 361 (Code of Federal Regulations, 1984 edition, Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402: 1984 - available at Office of Vocational and Educational Services for Individuals with Disabilities, Room 1907, One Commerce Plaza, Albany, NY 12234).

(c)Eligible applicants.

Rehabilitation facilities and workshops serving the mentally retarded, or mentally ill, or severely physically handicapped are eligible for support.

(d)Consistency with State rehabilitation facilities planning.

Prior to the development of a funded position, the agency shall determine:

(1) the need for such position in the rehabilitation facility or workshop;

(2) the consistency of the position development with State rehabilitation facilities and workshop plans;

(3) the degree to which the position will duplicate other resources available to the facility or workshop.

(e)Rehabilitation facility and workshop application and reporting.

Each rehabilitation facility and workshop shall be required to have on file and available for audit or shall be required to submit sufficient information on its current and proposed program, staffing, client capacity, finances and health and safety standards to enable the agency to determine the eligibility of the facility or workshop for funding. The agency may also require submission of any other reports or applications as it may deem necessary to assist in the implementation of the program. The agency shall have the right to make onsite visits to review the available facilities and the fiscal and accounting practices prior to approval of a grant application.

(f)Conditions for support.

(1) The agency shall have the right to approve or deny applications based on considerations, including but not limited to, the following:

(i) the existence of regular working arrangements between workshops serving the physically disabled and hospital-based rehabilitation centers;

(ii) the current lack of availability of the service in the geographical region;

(iii) the ability to serve additional numbers of disabled persons and/or the more severely disabled as a result of the grant;

(iv) the ability of the workshop to serve persons with a variety of disabilities; and

(v) the availability of service at the workshop to individuals residing throughout the community, rather than at specific institutions.

(2) A facility or workshop shall be considered to be one facility or workshop regardless of the number of branches and/or units it has.

(3) Grantees shall be required to give assurance that, once State funding for a specific staff position has been terminated, the position title and job responsibilities will be continued as part of the facility's or workshop's regular program.

(g)Amount of support.

The amount of support shall be determined by the following:

(1) Costs upon which maximum support is calculated shall be based upon salaries and related fringe benefits for approved positions to the extent expenditures exceed income of the facility or workshop. Certain expenditures, including construction, capital income from rehabilitation workshop support program acquisition, and fundraising costs, shall be excluded from such computations. No decrease in current support available to the workshop from other sources shall be taken into account in determining workshop income.

(2) The grant amount shall be further subject to a ceiling based upon the number of persons which the facility or workshop is able to serve at one time, as follows:

Workshop capacity	Maximum grant
12-19	$ 7,500
20-49	15,000
50-99	22,500
100 or more	30,000

(3) The facility or workshop shall be required to match State funding. During the first year, the period of support shall consist of nine months, beginning on July first. During succeeding years, the period of support shall consist of 12 months. The duration of the grant and the percentage of support for matching purposes shall be determined as follows:

(i) Grants initially awarded prior to September 1, 1980 shall be for a period of five years and shall be in accordance with the following schedule.

Time period	State share	Grantee share
Year 1	90 percent	10 percent
Year 2	75 percent	25 percent
Year 3	55 percent	45 percent
Year 4	35 percent	65 percent
Year 5	20 percent	80 percent
Year 6	0 percent	100 percent

(ii) Grants initially awarded on or after September 1, 1980 shall be for a period of three years, during each of which the State share shall be 80 percent and the grantee share 20 percent.

(h)Determination of workshop capacity.

Workshop capacity shall be based upon average attendance, adjusted for the following:

(1) The number of long-term sheltered workers shall be reduced by one-half.

(2) The number of homebound sheltered workers shall include only those workers for whom the workshop retains the responsibility for employment, pickup and delivery, inspection of homework, and follow-up retraining. Workers for whom intermittent or as-needed services are provided shall be excluded from the number of such workers.

(3) Workers actively served by two workshops shall be included in the number of workers for each workshop. Workers referred by one facility to another for client services shall not be included in the number of workers for the referring facility if it does not retain clear responsibility for follow-up and provision of service at a later stage.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 246.2