Purpose and Scope
(1)The purpose of these rules (OAR 407-025-0000 (Purpose and Scope) through 407-025-0115 (Policy Group)) is to effectuate:
(a)Executive Order 15-01 which supersedes Executive Order 13-04 and outlines detailed strategies and requires the Oregon Department of Human Services (Department) to work with the Oregon Department of Education (ODE) to further improve Oregon’s systems of designing and delivering employment services to those with intellectual and developmental disabilities toward fulfillment of Oregon’s Employment First Policy, including a significant reduction over time of state support of sheltered work and an increased investment in employment services.
(b)ORS 427.007 (Policy)(1)(a), as added by 2013 Senate Bill 22 Enrolled, Chapter 36, 2013 Laws, which provides that individuals with intellectual and other developmental disabilities and society as a whole benefit when the individuals exercise choice and self-determination, living and working in the most integrated community settings appropriate to their needs, with supportive services that are designed and implemented consistent with the choice of the individuals regarding services, providers, goals and activities.
(c)ORS 427.007 (Policy)(1)(b), as added by 2013 Senate Bill 22 Enrolled, Chapter 36, 2013 Laws, which provides that the employment of individuals with developmental disabilities in fully integrated work settings is the highest priority over unemployment, segregated employment, facility-based employment or day habilitation.
(2)Consistent with Executive Order 15-01, the Department finds that:
(a)Individuals with disabilities persistently face higher rates of unemployment than their non-disabled fellow citizens.
(b)Oregon is a leader in providing supported employment services to individuals with intellectual and developmental disabilities. In 2008, Oregon adopted an Employment First Policy, which makes competitive integrated employment the goal for all Oregonians with intellectual and developmental disabilities.
(c)While the state cannot guarantee a job to any Oregonian, the state can and should consistently work to continue to improve its provision of employment services to provide the best possible opportunities for success and choice for individuals receiving those services. This requires new approaches and partnerships with government, the non-profit services sector, and potential employers in the business community.
(d)Improving Oregon’s delivery of employment services, with the goal of achieving competitive integrated employment for individuals with intellectual and developmental disabilities, consistent with their abilities and choices, will benefit individuals with disabilities, their families, our communities, the economy, and the state.
(3)The Department is not directed by the Department’s integrated employment rules to act in a way that would jeopardize the Department’s federal funding, such as funding from United States Department of Education, Centers for Medicare and Medicaid Services, or Rehabilitation Services Administration, or that would violate federal law or regulations. Wherever possible, the Department’s integrated employment rules shall be read as consistent with federal law.
(4)The State of Oregon’s obligations under the Department’s integrated employment rules are conditioned upon the Department’s receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow the Department, in the exercise of its reasonable administrative discretion, to meet its payment obligations under the Department’s integrated employment rules. The Department’s integrated employment rules do not obligate any part of Oregon state government other than the Department. Nothing in the Department’s integrated employment rules is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon. The Department shall employ good-faith efforts to request and seek funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow the Department to perform its payment obligations throughout the term of the Department’s integrated employment rules.
(5)The Department’s integrated employment rules do not provide a right to any person to claim that he or she has not received services required under any other state or federal statute or regulation.
Rule 407-025-0000 — Purpose and Scope,