§ 41.39 Vocational programs; sheltered workshop industrial contract\n income.\n (a) The commissioner of mental health and the commissioner of\ndevelopmental disabilities shall, consistent with the state integrated\nemployment implementation plan developed pursuant to subdivision two of\nsection one thousand four-b of the education law, and subject to\nappropriations made therefor, to develop and support services that\nprovide individuals with mental disabilities the opportunity to learn\nand develop employment related skills and work experience, including but\nnot limited to sheltered workshops and integrated employment\nopportunities, including supported employment, as provided pursuant to\nsections one thousand four-a and one thousand four-b of the education\nlaw. Such programs shall, to the extent possible:\n 1. be integrated with and not duplicate employment programs provided\nthrough the state education department and shall ensure that funding\nprovided pursuant to this subdivision is not used for the provision of\nservices that are the responsibility of other state agencies pursuant to\nthe plan developed pursuant to subdivision two of section one thousand\nfour-b of the education law;\n 2. provide an array of rehabilitation and support services necessary\nto meet the individual's vocational and career developmental needs;\n 3. integrate the office's vocational programs and other needed support\nservices including but not limited to: clinical, social, case\nmanagement, residential and transportation services to ensure\nflexibility in meeting the needs of individuals in transition between\nprogram models; and\n 4. provide each individual with the appropriate supports to achieve\nand maintain employment in the most integrated setting appropriate,\nwhile maximizing each individuals personal strengths and preferences.\n (b) Notwithstanding any other provisions of this article, income\nrealized by a voluntary not-for-profit agency from industrial contracts\nentered into pursuant to its operation of a sheltered workshop shall be\nmatched dollar for dollar by an office of the department of mental\nhygiene through direct contract with the agency provided that no part of\nthe expenses of such sheltered workshop are claimed through a contract\nwith the local governmental unit which is receiving funding for\nreimbursement of such expenses from the same office of the department\nprovided that such sheltered workshop is operating in accordance with an\napproved local services plan. In no event shall any combination of\nincome including state aid exceed the total cost of operation of such\nsheltered workshop.\n
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