Subchapter FFF. EMPLOYMENT FIRST POLICY AND
COMPETITIVE INTEGRATED EMPLOYMENT FOR PENNSYLVANIANS WITH A DISABILITY
Sec.
1.851. Policy.
1.852. Definitions.
1.853. Reduction of barriers.
1.854. Written plan; goals.
1.855. General provisions.
1.856. Effective date.
1.857. Termination date.
Source The provisions of this Subchapter FFF adopted by Executive Order No. 2016-03, dated March 10, 2016, 46 Pa.B. 1891, unless otherwise noted.
§ 1.851. Policy.
Employment First is the policy of Commonwealth executive branch agencies under the jurisdiction of the Governor. This policy reflects the Commonwealth’s goal of making the Commonwealth a model state when it comes to creating a climate hospitable to workers with a disability.
§ 1.852. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Competitive integrated employment—The term as defined in the Workforce Innovation and Opportunity Act (Pub.L. No. 113-128), which is work performed on a full or part-time basis, including self-employment, for which a person is:(i) Compensated at not less than Federal minimum wage requirements or State or local minimum wage law, whichever is higher, and not less than the customary rate paid by the employer for the same or similar work performed by people without a disability.
(ii) At a location where the employee interacts with people without a disability, not including supervisory personnel or people who are providing services to the employee.
(iii) Presented, as appropriate, opportunities for similar benefits and advancement like those for other employees without a disability and who have similar positions.
Employment First—Competitive integrated employment is the first consideration and preferred outcome of publicly-funded education, training, employment and related services, and long-term supports and services for working-age Pennsylvanians with a disability, as “disability” is defined in each agency’s governing statutes and rules.§ 1.853. Reduction of barriers.
The Office of Administration will explore the means to reduce barriers to Commonwealth employment for Pennsylvanians with a disability.
§ 1.854. Written plan; goals.
(a) The Secretary of the Department of Education, the Secretary of the Department of Human Services and the Secretary of the Department of Labor and Industry, working with other Commonwealth agencies or executive office officials as appropriate, will develop a written plan to address the implementation of the following goals:
(1) Implement Employment First as the policy of Commonwealth executive branch agencies.
(2) Align funding, policy, data collection and practice toward an emphasis on competitive integrated employment rather than noncompetitive, nonintegrated employment.
(3) Increase the number of Pennsylvanians with a disability employed in a competitive integrated job.
(b) Progress toward meeting the goals in subsection (a) is to be measured by gathering and evaluating, as permissible by law and as available:
(1) The labor participation rate and unemployment rate of Pennsylvanians with a disability.
(2) The number and percentage of Pennsylvania youth with a disability who successfully complete at least one paid community integrated work experience or community integrated work-based learning experience before exiting secondary education.
(3) The number and percentage of Pennsylvania youth with a disability who transition from secondary education to adult life with a competitive integrated job or an integrated post-secondary education or training opportunity intended to lead to a competitive integrated job.
(4) The number and percentage of Pennsylvanians with a disability employed in a competitive integrated job who are participants in a Medicaid-funded or State-only funded program that provides home and community-based services.
(5) The number of private-sector businesses that have been provided requested technical assistance with the recruitment, hiring and retention of qualified Pennsylvanians with a disability.
(c) The written plan will be developed with broad stakeholder input including people with a disability, the Governor’s Advisory Committee for People with Disabilities, potential employers and disability advocacy groups.
(d) The written plan should be submitted to the Governor’s Office for review and approval 120 days from the effective date of this subchapter.
§ 1.855. General provisions.
Nothing in this subchapter shall be interpreted to supersede or pre-empt any Federal, State or local law, regulation, rule or ordinance. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies or entities, its officers, employees or agents, or any other person.
§ 1.856. Effective date.
This subchapter becomes effective immediately.
§ 1.857. Termination date.
This subchapter shall remain in effect until amended or rescinded by the Governor.
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