Self-Employment as a Vocational Rehabilitation Closure: An Examination of State Policies Nancy L. Arnold, Ph.D.Tom Seekins, Ph.D.Research and Training Center on Rural Rehabilitation ServicesRural Institute on DisabilitiesThe University of MontanaMissoula, Montana Reprinted with permission from the Journal of Disability Policy Studies, Vol. 5, No. 2, 1994. Self-employment may be a viable vocational rehabilitation (VR) option, particularly in rural areas (Seekins, 1992). Overall, the U. S. Bureau of the Census (1983) reports that people who report a work disability are nearly twice as likely to be self-employed (14.7%) as people without a disability (8%). Arnold, Seekins, and Ravesloot (1995) report that, within the public vocational rehabilitation service system, self-employment is used more often as a case closure by VR counselors in rural states than in urban ones. Overall, however, self-employment is used as a vocational rehabilitation closure infrequently. In 1988, for example, only 2.6% of all closures were to self-employment (Rehabilitation Services Administration [RSA], 1988). Ravesloot and Seekins (in press) found that the use of self-employment as a case closure was significantly influenced by counselor attitudes. In turn, their attitudes were shaped by office atmosphere and state policy regarding self-employment. Among the attitudes held by counselors that may affect their use of self-employment is that high rates of business failure make self-employment too risky (Ravesloot & Seekins, in press). Yet, business researchers (Aley, 1993; Duncan, 1994; Mangelsdorf, 1993) estimate that, in reality, such businesses fail at a rate of 18-20% over the first 8 years. These new estimates correct for voluntary closures due to retirement, changes in ownership, incorporation, or sales which were previously counted as business failures. The policies of state offices of vcational rehabilitation that may influence counselor attitudes are governed by the 1973 Rehabilitation Act and its amendments (Rehabilitation Act Amendments of 1992). To comply with the act, a state must address a prescribed list of elements, although each state has discretion in the way it operates to achieve compliance. This discretion often results in policies governing identical issues that differ from state to state. The general goal of the public VR system is to provide services leading to employment for people who have a physical or mental disability that constitutes or results in a substantial handicap to employment (Office of Special Education & Rehabilitation Services [OSERS], 1993). Services are provided if there is a reasonable expectation that they will assist an individual with becoming employed in the "competitive labor market; the practice of a profession; self-employment; homemaking; farm or family work...sheltered employment; home-based employment; supported employment; or other gainful work" (OSERS, 1993, emphasis added). While federal law expresses no preference for any type of employment situation over another, the majority of closures (81.5% in 1988) are to situations where the consumer works for someone else (RSA, 1988). Self-employment (where a person owns, operates, and manages a business; no supervisor oversees the person; and payments to Social Security are made directly by the person) is not used as a VR closure as often as might be expected, based on the overall rate of self-employment reported by those with a work disability. This study, one of a series of studies examining self-employment as a vocational option for people with disabilities, was designed to assess the status of state VR policies governing the use of self-employment as a VR option. This policy analysis appears to be the first effort to compile and compare self-employment policies across states. Method During 1990, departments of vocational rehabilitation in all 50 states and the District of Columbia were contacted by letter and requested to submit any policies or procedures on self-employment. A follow-up telephone request was made to nonrespondents. Forty-four states and the District of Columbia either submitted policies or procedures on self-employment or responded that they had no specific written policies. Self-employment policies underwent four content reviews. The method used for analyzing the policies, which allowed results to emerge from the data and not from preconceived ideas, is discussed in Bailey (1987, p. 303). In this type of analysis, categories for document study are not derived from theory but are constructed by examining the "documents...and ascertaining what common elements they contain." Categories then "emerge from the documents to be analyzed" resulting in achieving categories that are mutually exclusive and exhaustive. Procedurally, this analysis included six separate steps, some of which were repeated during the analysis. In the first step the researcher became familiar with the contents of the documents by reading each policy one or more times. During thisreview, themes and concepts which were common across state policies were noted (e.g., issues to be addressed, required documentation, responsibility for developing the plan, the review and approval process). Following this initial review, the researcher discussed these themes and concepts with experts in the field. The purpose of these discussions was to substantiate the impressions and observations noted during the first review. Third, the researcher used the substantiated list of themes and concepts to catalog each state policy. This involved writing out the exact content of each state's policy relevant to each of the themes or dimensions. Fourth, various patterns, including similarities and differences between each policy and qualitative dimensions, such as thoroughness and restrictiveness, were also noted and discussed with experts. During this step, a number of possible organizing patterns for analyzing the data emerged (e.g., responsibility for accomplishing tasks, components of a comprehensive self-employment policy, types and amounts of expenditures funded by each state, autonomy of the counselor or consumer in the process). The first organizing pattern selected for analyzing the policies included the person(s) or group(s) responsible for accomplishing tasks during the self-employment process. During the fifth step, states were classified according to the person, persons, or groups responsible for certain tasks in the self-employment process. This resulted in 16 different policy models. The utility of these models for organizing states' policies was evaluated during the sixth step. Using the criteria of parsimony, this 16-model framework was judged as too complex to be useful and the researcher returned to step 4 to select another organizing pattern for analyzing the policies. The pattern selected was to analyze the policies according to the components of a self-employment policy (Table 1). However, prior to initiating this review, literature on entrepreneurship was reviewed and experts in the field of business were consulted to determine that the consistency of the components identified in this pattern were those considered as important and necessary. All components but the ones specific to VR agency review and VR agency follow-up were verified by both literature (e.g., Jenkins & PSI Research, 1992; Larson, 1990) and experts. Agency review and follow-up were judged as necessary to help ensure the business's success and to protect the state's investment. States were contacted for clarification of ambiguous statements. Results Forty-five VR departments submitted policies. When the 45 responses were analyzed in 1991 and 1992, 11 (25%) of the responding VR departments had no specific written policies, procedures, or guidelines for self-employment. The policies and procedures of the 34 remaining states that participated in this study differed in a number of ways. For example, some policies contained explicit instructions for accomplishing tasks. Some required that forms or questionnaires be completed. Others contained very general directions or ideas, andsome combined explicitness and generality. Ten states required that the counselor eliminate all other viable rehabilitation options or salaried employment before considering self-employment. Six states required that self-employment be reserved for people with severe disabilities; two of these states were not using an order of selection at the time. While three state policies contained positive statements about self-employment (e.g., it allows the consumer to be productive, the counselor to be creative, or it fosters independence), almost one-quarter of the states included more negative statements. For example, 11 state policies included statements that pointed out potential hazards of self-employment, such as possible failure of a self-employment venture, the hard work and long hours involved, that little income might be earned, or the need to exercise caution in considering a self-employment plan. The policies and the responsibility for accomplishing similar tasks leading to a self-employment closure varied from state-to-state. None of the states appeared to have the counselor, consumer, or others involved in the process responsible for the same tasks or have them assume the same amount of responsibility. For example, in some states the counselor assumed full responsibility for the self-employment process. In other states, the counselor worked with a self-employment specialist; made the consumer and counselor responsible for the self-employment process; included the consumer or counselor and an outside business consultant in the process; or split the responsibilities between the consumer, counselor and a business enterprise program. Table 1 presents eight components of a self-employment policy that emerged from the reviews of state policies. The Appendix discusses these components and proposes a framework for a comprehensive policy governing self-employment as a VR option. Table 1 also indicates which state policies currently address these components. Only one state, Michigan, included all eight components in its policy. Discussion This study presents a review of VR state policies governing the use of self-employment as a vocational rehabilitation closure. The wide variety of policies observed revealed the autonomy states have in governing their practices. Analysis of these polices suggested eight components of a comprehensive policy for using self-employment as a VR closure that are consistent with procedures recommended by business development experts (see Appendix). Half of responding states and two-thirds of those reporting a policy on self-employment included five or more of these components but only one included all eight. While three policies contain positive statements about self-employment, 11 of the submitted policies contained negative statements. These included warnings about high rates of business failures (three states quoted failure rates) and potential harm to consumers of a business failure. The policies that warn about the hazards of self-employment may do so in an attempt to protect both the consumer and the state. For example, a warning may serve to make both the counselor and consumer aware of potential risks and to deter them from entering into this type of vocational rehabilitation plan lightly. Unfortunately, these warnings may serve to dissuade the use of self-employment even in those cases where it may be appropriate. Policies that contain warnings about the high rate of business failures contain statistics based on the "conventional wisdom" of the past. These statistics held that half of all new ventures faild within the first year, that two-thirds of them were out of business by the second year, or that four-fifths had failed by the fifth year. New estimates for failures are much lower. These statistics indicate that small businesses fail at a rate of only 18 to 20% over the first 8 years (Aley, 1993; Duncan, 1994; Mangelsdorf, 1993). When these data are compared with the success rate of VR closures to competitive employment reported by the General Accounting Office (GAO), self-employment may be viewed with less concern. "Within the group RSA classified as rehabilitated (60 days from the end of services), after two years the proportion with any earnings from wages returned to near or below pre-program levels." (GAO, 1993, p. 64) Therefore, it appears that when looking at all competitive closures (including self-employment), a number of people are likely to experience some sort of harmful effect as a result of not staying employed and that the harmful effects of employment failure are not limited to self-employment situations. Two states' policies stated that self-employment placement costs were high. Indeed, the Rehabilitation Services Administration (1988) reported that the average cost of a self-employment placement was $3,122, a placement where the consumer worked for someone else averaged $1,939, a sheltered workshop placement averaged $2,707, a homemaker placement averaged $1,868, and an unpaid family worker placement averaged $2,503. Although the average cost of a self-employment placement is higher than for other placements (ranging from $415 to $1,254), the cost/benefits over time are unclear because it is not known how long such placements last compared to others, the comparative return on investment, the levels of income produced by each placement type, or consumers' comparative satisfaction. Nine state policies appear to require that a counselor be proficient in areas for which he or she may have little or no training or expertise. A counselor may be required by state policy to analyze a business plan, to develop the plan him- or herself or in conjunction with the consumer, or to recommend funding of the business venture. A counselor educated and working in human services may not know how or have the aptitude to develop or interpret a business plan, market analysis, income and expense reports, profit and loss statements, or a business's books. State VR departments could help counselors become more familiar with the basics of self-employment by providing training. Possible sources of training include: state small business development centers (funded by the Small Business Administration), regional rehabilitation continuing education programs (RRCEP), state departments of commerce, and colleges and universities. The purpose of this training is not to remove counselors from their role of counseling consumers, but to give them a basic understanding of what a good business plan looks like. Although self-employment is not an often used vocational rehabilitation option, it may be an important one for people with disabilities; esecially those living in rural areas. Self-employment may afford some individuals greater control over their work setting, work schedule and pace, greater expression of talent, and long-term career growth. For those in rural areas, self-employment may offer an option where employers and jobs are scarce, wages are low, and the jobs that are available often require physical effort. Clearly, already it is used more often in these latter situations. The design of this study did not permit an analysis of the implementation of state policies to determine the extent to which the written policies are actually followed. As such, it is not possible to assess directly the effect of these policies on counselor behavior and placement success. The variety of existing policies may also present an obstacle to such an evaluation by making it difficult to specify the independent variable(s). Future research on the effectiveness of various policies and practices for managing the use of self-employment should consider developing definitions of practice such as that outlined in the Appendix. Future research might also attempt to evaluate the cost/benefit of self-employment. From the cost side, research should address both counselor time and state investment in such placements. From the benefits side, such research might evaluate how long self-employment lasts, what income is produced, consumer satisfaction with these arrangements, and other consequences (e.g., career development, potential social isolation of home-based businesses, etc.). It is also interesting to note that people with a work disability report being self-employed at twice the rate of the general population (U. S. Census Bureau, 1983). This rate cannot be accounted for by VR services. Future research might attempt to determine who these people are, what they do, how successful they are, and how they became self-employed. Finally, examination of self-employment as an issue of importance to VR also raises the question of VR's role in fostering community economic development. Clearly, when a consumer is placed in a competitive job, VR is relying on the economic base within the community. When a counselor supports a consumer's effort to develop a new business in a community, VR contributes to the economic development of the community. Future research might examine the possible linkages between VR services and local economic development efforts. This may be particularly relevant in rural areas where small businesses often are the core of the economic base. This research was an important step in exploring state VR self-employment policies. It uncovered numerous differences in the regulations governing self-employment as well as policy statements that appear to negatively influence counselors on its use. The policy analysis resulted in eight components recommended for a thorough policy on the use of self-employment. Six of these components are also recommended by experts in and literature on small business development and entrepreneurship. The analysis also resulted in recommendations for future research in the area of self-employment and vocational rehabilitation. Appendix The following outlines components for a comprehensive policy on self-employment. Several of the components contain ideas found in existing state policies. Often the state policies did not address thoroughly the component, so they were supplemented with recommendations found in the following two books: Starting and Operating a Business in Montana: A Step-by-Step Guide (Jenkins & PSI Research, 1992) and The Montana Entrepreneur's Guide (Larson, 1990). Although these books contain the word "Montana" in the titles, the "Starting and Operating" book is available for every state and the District of Columbia and many of the ideas in the Montana Entrepreneur's Guide are useful for any small business. Framework for Policy and Procedures Governing the Use of Self-Employment Closures Self-employment is a legitimate vocational rehabilitation closure. Contrary to conventional wisdom, small businesses often succeed and many people with work disabilities report being self-employed. Self-employment may be appropriate for a consumer when: the individual has owned or operated a business in the past; the individual requires a work setting or schedule under his or her control; the competitive labor market is tight and placement unlikely. It is important for the consumer to have a good marketable idea. If a consumer asks about self-employment, a counselor should acknowledge his or her interest in this option. Both benefits and drawbacks should be reviewed. (Note: a number of the following benefits and disadvantages are taken from Jenkins & PSI Research, 1992.) Benefits include: 1. Independence--the ability to control the work setting and schedule. 2. Employment where the possibility of employment for another is slim. 3. Being the boss. 4. Contact with customers, suppliers, and others. 5. Making a living at something the individual enjoys doing. 6. A sense of achievement and personal satisfaction if the business is a success. 7. Job security depends on the individual, not on others. 8. Having the ability to make business decisions. Drawbacks include: 1. In reality, the customer is the boss, not the individual. 2. The hours may be long and hard; often withoutmuch spare time. 3. Income may not be steady. 4. All the responsibility lies with the individual. 5. The business may fail. A wide range of federal, state, local, and private agencies provide support for people interested in starting or expanding businesses. Some agencies of potential interest to VR counselors and consumers include the Small Business Administration (SBA), local and state chambers of commerce, Community Development Block Grant economic development programs, state board of investments, state department of agriculture, Farmers Home Administration, local and state economic development organizations, small business development centers (funded by the SBA), or development finance organizations. If a consumer maintains interest in self-employment, the following steps are recommended. 1. Assess Consumer's Business Potential Assessment may include evaluations of a consumer's skills and aptitudes, as well as evaluations of the consumer as he or she works through the self-employment process. Assessments may be done by a counselor, a VR committee, small business expert, or an external evaluator. A standardized format should be followed. Reported assessments consist of a vocational evaluation, a psychological assessment, a credit check, and a medical evaluation. Besides formal evaluations, assessment can also include observation and assessment of the consumer's planning skills, ability to formulate a marketing and business plan, degree of enthusiasm, initiative, and how he or she follows-through on his or her own self-imposed deadlines or those imposed by VR.1 If counselors are to perform the evaluation, training should be provided to insure that the counselors know what the state expects of the consumer. The most important element is to make sure that those who are responsible for moving the plan along or for approving it have an understanding of self-employment and of interpreting consumer assessments in light of probable success. 2. Develop a Business Idea, Explore its Feasibility,Conduct a Market Analysis This task can be accomplished by one or more people working separately or in conjunction with one another. The consumer should bear the major responsibility, however. His or her business proposal should be analyzed by the counselor, an outside consultant, a VR committee, or a business development expert. The business idea may be a service or product new to the geographic location or a differentiation in an existing service or product (i.e., a better service, compatibility with other products, an emphasis on safety, more convenient hours, etc.). The consumer should research the market to determine the need for the business, who the customers would be, and what they are looking for. Accomplishing this task should provide the consumer and VR with information necessary to determine if there is a need for the business, how much of a need there is, and the likelihood of success of the business. Research can be qualitative (interviews, case studies, focus groups) or quantitative (conduct a survey or an experiment or an analysis of secondary data). Qualitative methods usually are used to produce ideas while quantitative methods usually are used to verify the qualitative data. Counselors may also use this step to assess the consumer's initiative and commitment by expecting him or her to perform many of these steps with minimum guidance. Such initiative is a key characteristic of successful entrepreneurs. If a counselor does not feel the consumer is performing these steps as expected, the counselor should discuss this with the consumer. 3. Consumer Obtains Education or Training The consumer is expected to be knowledgeable about the product or service offered and about various aspects of running a business such as management, bookkeeping, or marketing. Under this component, the consumer would acquire knowledge or skills through whatever means are appropriate such as attending school, taking correspondence classes, participating in a training program, or working at the same job in another business. 4. Obtain Technical Assistance The consumer obtains technical assistance in any aspect of the business from one or more experts either within the state VR system, from an outside consultant, from the same type of business, from a business in an adjacent industry, from retailers, sales representatives, industry associations, or chambers of commerce. VR counselors should have or be able to refer the consumer to information about banks and loans, tax information, licensing, or type of training needed. The consumer should talk to people in the same business, in an adjacent industry, in rtail, in sales, in industry associations, or with chambers of commerce who can provide the VR consumer with insight about insurance, inventory, advertising, site location, customers, product distribution, licensing, accountants, attorneys, or tax information. Books are another valuable source of technical assistance. Reading books about (a) entrepreneurship, such as Starting and Operating a Business in Montana (Jenkins and PSI, 1992; this series publishes a guide for every state and Washington, D.C) or The Montana Entrepreneur's Guide (Larson, 1990; although specific to Montana the information can be generalized to other states); (b) specific topics such as marketing or management; (c) the service(s) provided; or (d) the product(s) manufactured. At this point, a counselor may wish to refer the consumer to the variety of community supports available to entrepreneurs. These may include local business incubators, economic development programs, or a local college or university. Such groups can provide extensive support (e.g., guidance in developing a business plan), as well as funding and access to funding. 5. Develop a Business Plan The business plan will be used when applying for funds from VR or from sources other than VR. It is a plan that will allow both the consumer and sources of funding (e.g., VR, banks, etc.) to evaluate the business and its chances for success. Minimally, the business plan should include a descriptive summary; a market analysis; a marketing plan; a financial plan (breakeven analysis, cashflow analysis, income statement, and balance sheet); an analysis of initial inventory and supplies; a discussion of methods for recordkeeping, and address zoning, licenses, and insurance; a discussion of possible risks and problems; and an overall implementation schedule. A review of the plan's adequacy can be conducted by the counselor, a VR committee or expert, or an outside consultant. It is anticipated that a VR committee or expert and an outside consultant would have the skills necessary for analyzing the plan. However, when a counselor or counselor supervisor is expected to evaluate and approve the plan, it is important to recognize that he or she might not possess the skills or knowledge necessary to adequately assess the self-employment plan. In this case, it is recommended he or she be provided training or that an outside or VR department consultant be available for consultation. 6. Explore and Apply for Resources Available From Other Sources The consumer is expected to contribute as much as possible towards the business from his or her own resources. If additional funds are needed and before expending VR monies, the consumer should apply for them from other sources such as venture or investment capitalists, banks, the Small Business Administration (either for a loan or a loan guarantee), Community Development Block Grants, trade credit, finance companies, Social Security, wealthy individual investors, family, or friends. Local business incubators and support groups can provide assistance in this step. Some consumers also may be eligible for funds from other sources such as programs for certain ppulations (e.g., programs that assist women or minorities start or expand a business), programs for redeveloping a certain geographic location (e.g., an old downtown area), or from business incubators operating in a certain location. 7. Agency Reviews Self-Employment Plan The entire self-employment plan should be reviewed by one or more individuals knowledgeable about the proposed business, the geographic and market area, and about small business operation. The person or persons responsible for this review may vary from agency to agency, but might involve the counselor, the counselor's supervisor, a committee, or an outside consultant. Concerns expressed should be addressed and depending on how they affect the plan, it may need to be reviewed again prior to approving and funding the venture. Currently, in many states the counselor's supervisor is the final authority approving the venture. However, unless this person is thoroughly familiar with small business practices and the business climate in the proposed market area, it is recommended that the case be reviewed by others who are better informed. 8. Follow-Up Follow-up should include a review of the business' profit & loss and income & expense statements, books, and tax returns by the counselor if qualified to review and interpret them or by one or more people who can interpret and pass judgement on the business' progress. These records should be reviewed on a periodic basis, at least quarterly until the case is closed. Follow-up also may include asking customers, either through an interview or a questionnaire, about their satisfaction with the business. End Note In the 1992 Amendments to the Rehabilitation Act, the term "employability" was replaced with "employent outcome." Policy is still being developed to comply with this change, and it is unclear at this time if or how this definition will change. For this article te definition used was the one in place at the time of the policy analysis. Acknowledgements This work was supported by a grant from the National Institute on Disability and Rehabilitation Research (NIDRR) (#G0087C0228). This study is part of a larger effort supported by NIDRR to develop effective strategies for providing rehabilitation services in rural areas. The opinions expressed are those of the authors and do not reflect the position of the agency. The authors wish to acknowledge the work of their colleagues Craig Ravesloot, Peg Plimpton and Cheryl Vandenberg on this project. References Aley, J. (1993). Debunking the failure fallacy. Fortune, 128(5), 21. Arnold, N., Seekins, T., & Ravesloot (1995). Self-employment as a vocational rehabilitation closure in urban and rural areas. Rehabilitation Counseling Bulletin, 39(2), 94-106. Bailey, K. (1987). Methods of social research. NY: The Free Press. Duncan, J. (1994). The true failure rate of start-ups. D & B Reports, 43,(1), 6. General Accounting Office. (1993). Vocational rehabilitation: Evidence for federal program's effectiveness is mixed (Report No. GAO/PEMD-93-19). Washington, DC: Author. Jenkins, M. & PSI Research (1992). Starting and operating a business in Montana: A step-by-step guide. Grants Pass, OR: The Oasis Press. Larson, P. (1990). The Montana entrepreneur's guide. Missoula, MT: University Press. Mangelsdorf, M. (1993). The incredible shrinking failure rate: Start-up news. Inc., 15(10), 58. Office of Special Education and Rehabilitative Services, Education (1993). Code of federal regulations (parts 300 to 399). Washington, DC: Author. Ravesloot, C., & Seekins, T. (In press). Vocational Rehabilitation counselors' attitudes toward self-employment outcomes: Attitudes and their effects on the use of self-employment as an employment option. 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