Relates to providing alternatives to sheltered workshops for employment of people with disabilities using social entrepreneurial business models

Summary of provisions

Section 1 adds a new paragraph (m) to subdivision 1 of section 703 of the executive law to amend the responsibilities of the Most Integrated Settings Coordinating Council (MISCC), which is charged with developing a comprehensive Statewide plan to ensure that people of all ages with physical and mental disabilities receive care and services in the most integrated settings appropriate to their individual needs. The amendment requires an examination of programs and methods needed to effectively deploy State and community resources to help individuals with disabilities, including those currently in sheltered work, to obtain competitive jobs or become self-employed via an inclusive entrepreneurship model of integrated skills training, assessment, and access to necessary professional, credit, and other resources.

Section 2. Amends section 41.39 of the mental hygiene law by adding a new subdivision (c) to require the commissioners of mental health and of people with developmental disabilities and the secretary of state, to develop a pilot project for inclusive entrepreneurship and additional business opportunities for sheltered workshops and integrated employment opportunities, including supported employment, by transitioning to or developing collaborations with entities incorporated in this state or in other states, including L3C corporations, not for profit LLCs, workers cooperatives, and others as the commissioners shall determine.

The purpose of the pilot program is to explore development of more competitive, entrepreneurial models that can achieve both social purpose rehabilitative goals and operate as businesses in the marketplace paying competitive wages. In developing and implementing the pilot program the commissioners shall appoint an advisory committee of not more than fifteen individuals skilled in entrepreneurship, entity formation, and the needs of individuals with mental disabilities.

Section 3. Amends Subsection (a) of subdivision two of section 212 of the Executive law to add Inclusive Entrepreneurship for persons with disabilities to the entrepreneurship assistance program requirements.

Justification

In 2006, the overall percentage of working-age people with disabilities ages 21-64 in New York State was 11.5%, representing a total of 1,295,000 people(1). The same survey reported that the employment rate of working age people with disabilities was only 33.5%, compared to the employment rate of working-age people without disabilities, reported at 77.9%. This represents a tremendous loss of human capital that could be utilized to improve New York's economic recovery.

The Burton Blatt Institute (BBI) works as a partner to NYS public and private agencies addressing issues of unemployment, poverty and community inclusion of people with disabilities. It assists state agencies, including the NYS Most Integrated Settings Coordinating Council (MISCC), Office of Mental Health, Office of Persons with Developmental Disabilities, Small Business Development Centers and the Department of Labor on increasing employment and entrepreneurship for people with disabilities. It also works with the private sector that includes community lending institutions and the United Way of New York State and its member agencies to improve economic self-sufficiency for over one million New Yorkers with disabilities that want to be included in those efforts.

The purpose of this legislation is simple -

1. Increase competitive employment among people with disabilities, by renewing and extending the authority of the Most Integrated Settings Coordinating Council (MISCC) to develop alternatives to sheltered workshops using social entrepreneurial business models.

2. Increase number of businesses owned and operated by people with disabilities by improving access to self-employment training, financing and markets, in part by supporting training and replication of the self-employment model of "Inclusive Entrepreneurship. "

3. Advance real economic impact for New Yorkers with and without disabilities by expanding the programming at Entrepreneurial Assistance Centers.

Legislative history

New bill.

Fiscal implications

Ultimately this will save money as individuals transition to independent entrepreneurship and away from dependency.

Effective date

Immediately, except that sections one and two become effective 120 days after the act becomes law, and section three applies to EAP programs funded after April 1, 2012.

Footnote

(1) Rehabilitation Research and Training Center on Disability Demographics and Statistics (2007). Disability Status Report. Ithaca, NY; Cornell University