West Virginia Code § 18-10Q-4

Powers and duties of the taskforce; state Employment First Policy;
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required plan; reporting requirements.
(a) The state Employment First Taskforce shall develop and implement a plan that includes
the following:
(1) Describes time frames and proposals for aligning state policies, including eligibility and
funding priorities, allocations for responsibility, and authority for ensuring implementation;
(2) Details cost projections for additional state funding needed over a five-year period to:
(A) Provide rate increases and incentives to providers that implement Employment First
services; and
(B) Train or retrain the workforce; a
(3) Describes strategies, timelines, and plans to increase investment in integrated
employment services and may carefully consider plans to reduce sheltered work settings;
(4) Incorporates Employment First practices and methods in policy improvement plans
providing customized, person-centered, and individually tailored employment supports to
people with intellectual, developmental, and other disabilities, including people with
complex support needs;
(5) Complies with federal policy and practice mandates regarding employment services
design, settings, and cooLrdination among stakeholders, including:
(A) The Centers for Medicare and Medicaid Services Home and Community-Based Services;
(B) Workforce Innovation and Opportunity Act; and
(C) WThe United States Department of Justice rulings that found that segregated work settings
violate the "most integrated setting" rule of the Americans with Disabilities Act relative to
the findings of the Supreme Court of the United States in the Olmstead court case;
(6) Describes minimal workforce competency-based training standards applicable for job
coaches, case managers, and other relevant personnel;
(7) Establishes interagency agreements, as appropriate, to improve coordination of services,
and collect and share data to inform long-term systems planning;
(8) Proposes initiatives to address the culture of low expectations, to which parents of young
children with intellectual, developmental, and other disabilities are exposed;
(9) Provides the Governor and Legislature the State Employment First Policy within 12
months of the enactment of this bill;
(10) Ensures:
(A) That individuals, particularly secondary and post-secondary students with disabilities,
understand the importance of, and are given the opportunity to explore, options for further
training as a pathway to integrated employment;
(B) The availability and accessibility of individualized training and support in an individual's
preferred employment options;
(C) The availability and accessibility of resources necessary to enable an individual to
understand possible effects of earned income and accumulation uof assets on the individual's
eligibility for public benefits and opportunities to properly manage and save income and
assets without jeopardizing such benefits;
(D) That competitive integrated employment, while beaing the first and preferred outcome, is
not required of an individual with a disability to secure and maintain necessary public
benefits, health care, training, and support for indilviduals with disabilities and this statute
may not be construed to limit or disallow any sdisability benefits to which a person with a
disability who is unable to be employed as contemplated by this statute would otherwise be
entitled; and i
(E) That the staff of public schools, vocational service programs, and community providers
are trained and supported to assist in achieving the goal of competitive integrated
employment for all individuals with disabilities; and
(11) Promotes partnerships with employers to overcome barriers to meet workforce needs,
including the creative use of technology and innovation
(b) The taskfoVrce shall provide a written report annually to the Governor and the Joint
Committee on Government and Finance on the findings and results of the efforts of the
taskforce to accomplish the goals of the plan. These reports shall present data which reflects
the number of people with disabilities who attained employment as a result of the
implementation of the plan, as well as any barriers to implementation and strategies
developed to address them.
(c) The plan as required by this section shall be updated biennially or more frequently as
needed.
(d) The Bureau for Behavioral Health, Division of Rehabilitation Services, the Department of
Education, Workforce West Virginia, and the Bureau for Medical Services shall, as
recommended by the Employment First Taskforce as established in §18-10Q-3 of this code,
adopt and implement a joint State Employment First Policy, which recognizes that earning a
wage through competitive employment in the general workforce is the first and preferred
outcome of all publicly funded services provided to working-age individuals with disabilities.

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