Definition of Employment
3: Employment is defined as (a) competitive,
(b) supported, or (c) sheltered.
Competitive employment means work- (i) In the competitive labor market that is
performed on a full-time or part-time basis in an integrated setting; and (ii) For
which an individual is compensated at or above the minimum wage, but not less than
the customary wage and level of benefits paid by the employer for the same or similar
work performed by individuals who are not disabled.
Source: National Post School Outcome Center. Stage 1: Post-School Data Collection
Protocol as of
on August 15, 2008, citing the Rehabilitation Act, 1998, Sections 7(11) & 7
(35) (a), 29 U.S.C. 705(11) and 709(c)
Supported employment is competitive work in integrated work settings, or employment
in integrated work settings in which individuals are working toward competitive
work, consistent with the strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the individuals, for individuals
with the most significant disabilities for whom competitive employment has not traditionally
occurred; or for whom competitive employment has been interrupted or intermittent
as a result of a significant disability; and who, because of the nature and severity
of their disability, need intensive supported employment services.
Source: Rehabilitation Act, Section 7(35) (a), retrieved from the Office of Special
Education and Rehabilitation Services website:
http://www.ed.gov/policy/speced/reg/narrative.html on February 2, 2007.
Sheltered employment refers to an accredited occupationally-oriented facility,
including a work activities center, operated by a private nonprofit agency, which,
except for its administrative and support staff, employs disabled persons certified
under special provisions of federal minimum wage laws by the Wage and Hour Division,
U.S. Department of Labor (65 Del. Laws, c. 74, 1.).
Source: Delaware Constitution, Chapter 10, retrieved from
www.delcode.state.de.us/title19/c010/index.htm on February 2, 2007.
Source: Retrieved from National Post-School Outcomes Center as of January 26, 2007, p.
2 and 5
This document was produced under U.S. Department of Education, Office of Special
Education Programs Grant No. H326J050004. Marlene Simon-Burroughs served as the
project officer. The views expressed herein do not necessarily represent the positions
or polices of the Department of Education. No official endorsement by the U.S. Department
of Education of any product, commodity, service or enterprise mentioned in this
publication is intended or should be inferred. This product is public domain. Authorization
to reproduce it in whole or in part is granted. While permission to reprint this
publication is not necessary, the citation should be: National Secondary Transition
Technical Assistance Center (2007) Indicator 13 Training Materials, Charlotte, NC,
NSTTAC.
