N.Y. Educ. Law § 1004-a

§ 1004-a. Sheltered workshops for individuals with developmental\ndisabilities, mental illness or a severe physical handicap. 1.\nDeclaration of purpose. The conditions associated with a developmental\ndisability, mental illness and severe physical handicap are such that\nmany young people, after laborious training in the schools and\notherwise, reach the point in their lives where they can and should,\nunder proper and continued guidance, engage in sheltered employment. The\neffects of such employment are salutary in many ways. The affected\nindividual is helped to become a contributing member of society. The\nstate is saved the expense of his or her institutionalization in already\novercrowded state schools and facilities. The family retains closer\ncontact with him or her and is spared the anxieties naturally attaching\nto separation and institutionalization. All of these factors have also\nbeen shown to reflect tangible benefit upon individuals with\ndevelopmental disabilities, mental illness or a severe physical handicap\nin improving his or her overall condition. The purpose of this measure\nis to specifically encourage the development, improvement and expansion\nof such sheltered employment facilities by non-profit agencies, so that\nthe salutary effects mentioned can be expediently accomplished.\n 2. Special provisions relating to individuals with a developmental\ndisabilities, mental illness or a severe physical handicap in extended\nsheltered employment in workshops. Notwithstanding any other provision\nof this article, when it shall appear to the satisfaction of the\ndepartment that an individual with a developmental disability, mental\nillness or a severe physical handicap over the chronological age of\nseventeen years can reasonably be expected to benefit from, or in his or\nher best interests reasonably requires extended sheltered employment in\na workshop as defined in subdivision eight of section ten hundred two of\nthis article, furnished by an approved non-profit organization, the\ndepartment is authorized to contract with such organization for the\nfurnishing of such sheltered employment to such individual with a\ndevelopmental disability, mental illness or a severe physical handicap;\nand the department is further authorized to expend for such purpose a\nsum or sums not less than one thousand five hundred dollars per annum\nfor each such individual with a developmental disability, mental illness\nor a severe physical handicap, for or towards the cost of providing such\nsheltered employment for each such individual with a developmental\ndisability, mental illness or a severe physical handicap.\n The department shall pay at least quarterly during the state fiscal\nyear such sums as are authorized to such organizations for such\nsheltered employment immediately upon the completion of evaluation and\npersonal adjustment services under the sponsorship of the department.\n 3. The department shall maintain a register of such nonprofit\norganizations which, after inspection of the facilities for sheltered\nemployment provided by them, it deems qualified to meet the needs of\nsuch individuals with developmental disabilities, mental illness or a\nsevere physical handicap. Such inspection shall also determine the\neligibility of such organization to receive the funds hereinbefore\nspecified.\n 4. The department is authorized to contract with such nonprofit\norganizations for the provision of vocational rehabilitation services\nwhich lead to sheltered employment.\n 5. The department shall assure that individuals in long-term sheltered\nemployment operated by not-for-profit agencies are periodically reviewed\nto determine the feasibility of their employment, or training for\nemployment, in integrated work settings and that maximum efforts toward\nsuch employment occur, whenever it is determined to be feasible.\n 6. The commissioner is authorized to promulgate such reasonable rules\nand regulations as he may deem necessary or proper to carry out the\nprovisions of this section.\n