Or. Admin. Code § 582-115-0040 - Services to youth with disabilities requesting subminimum wage employment

The Program shall provide youth with disabilities documentation upon the completion of the following actions:

(1) Provision of pre-employment transition services as needed by the student with disability and are available to the student with a disability under 34 CFR § 361.48; and

(2) Documentation of the completion of School Transition services received by the youth that are provided by local education agency under the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)); and,

(3) Application for vocational rehabilitation services, in accordance with 34 CFR § 361.41(b), with the result that the individual was determined:

(a) Ineligible for vocational rehabilitation services, in accordance with 34 CFR § 361.43; or

(b) Eligible for vocational rehabilitation services, in accordance with 34 CFR § 361.42; and

(A) The youth with a disability had an approved individualized plan for employment, in accordance with 34 CFR § 361.46;

(B) The youth with a disability was unable to achieve the employment outcome specified in the individualized plan for employment, as described in 34 CFR § 361.5(c)(15) and § 361.46, despite working toward the employment outcome with reasonable accommodations and appropriate supports and services, including supported employment services and customized employment services, for a reasonable period of time; and

(C) A reasonable period of time utilized in the youth's attempt to achieve their employment outcome in their individualized plan for employment (IPE), is considered to be up to 24 months if the individual needs supported employment services, and,

(D) The youth with a disability's case record, which meets all the requirements of 34 CFR § 361.47, is closed.

(4)

(a) Regardless of the determination made under paragraph (3) of this section, the youth with a disability has received career counseling, and information and referrals to Federal and State programs and other resources in the individual's geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment.

(b) The career counseling and information and referral services provided in accordance with paragraph (4)(a) of this section shall:

(A) Be provided in a manner that facilitates informed choice and decision-making by the youth, or the youth's representative as appropriate; and

(B) Not be for subminimum wage employment by an entity defined in §397.5(d), and such employment related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by such an entity.

(5) The following special requirements apply:

(a) For purposes of this part, all documentation provided by the Program shall satisfy the requirements for such documentation under 34 CFR part 361.

(b) The individualized plan for employment, required in paragraph (3)(b)(A) of this section, shall include a specific employment goal consistent with competitive integrated employment, including supported or customized employment.

(c)

(A) For purposes of paragraph (3)(b)(B) of this section, a determination as to what constitutes ''reasonable period of time'' shall be consistent with the disability-related and vocational needs of the individual, as well as the anticipated length of time required to complete the services identified in the individualized plan for employment.

(B) For an individual whose specified employment goal is in supported employment, such reasonable period of time is up to 24 months, unless under special circumstances the individual and the rehabilitation counselor jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment.

Notes

Or. Admin. Code § 582-115-0040

VRS 6-2020, adopt filed 07/01/2020, effective 7/15/2020

Statutory/Other Authority: ORS 344.530 & 344.570

Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730