[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR361.55] [Page 316-317] TITLE 34--EDUCATION CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 361--STATE VOCATIONAL REHABILITATION SERVICES PROGRAM--Table of Contents Subpart B--State Plan and Other Requirements for Vocational Rehabilitation Services Sec. 361.55 Annual review of individuals in extended employment and other employment under special certificate provisions of the Fair Labor Standards Act. (a) The State plan must assure that the designated State unit conducts an annual review and reevaluation in accordance with the requirements in paragraph (b) of this section for an individual with a disability served under this part-- (1) Who has achieved an employment outcome in which the individual is compensated in accordance with section 14(c) of the Fair Labor Standards Act; or (2) Whose record of services is closed while the individual is in extended employment on the basis that the individual is unable to achieve an employment outcome consistent with Sec. 361.5(b)(16) or that the individual made an informed choice to remain in extended employment. (b) For each individual with a disability who meets the criteria in paragraph (a) of this section, the designated State unit must-- (1) Annually review and reevaluate the status of each individual for 2 years after the individual's record of services is closed (and thereafter if requested by the individual or, if appropriate, the individual's representative) to determine the interests, priorities, and needs of the individual with respect to competitive employment or training for competitive employment; (2) Enable the individual or, if appropriate, the individual's representative to provide input into the review and reevaluation and must document that input in the record of services, consistent with Sec. 361.47(a)(10), with the individual's or, as appropriate, the individual's representative's signed acknowledgment that the review and reevaluation have been conducted; and (3) Make maximum efforts, including identifying and providing vocational rehabilitation services, reasonable accommodations, and other necessary support services, to assist the individual in engaging in competitive employment as defined in Sec. 361.5(b)(11). (Authority: Sections 12(c) and 101(a)(14) of the Act; 29 U.S.C. 709(c) and 721(a)(14)) Effective Date Note: At 66 FR 7253, Jan. 22, 2001, Sec. 361.55 was revised, effective Oct. 1, 2001. For the convenience of the user, the superseded text is set forth as follows. Sec. 361.55 Annual review of individuals in extended employment or other employment under special certificate provisions of the Fair Labor Standards Act. The State plan must assure that the designated State unit-- [[Page 317]] (a) Annually reviews and reevaluates the status of each individual with a disability served under the vocational rehabilitation program who has achieved an employment outcome either in an extended employment setting in a community rehabilitation program or in any other employment setting in which the individual is compensated in accordance with section 14(c) of the Fair Labor Standards Act for 2 years after the individual achieves the employment outcome (and thereafter if requested by the individual or, if appropriate, the individual's representative) to determine the interests, priorities, and needs of the individual with respect to competitive employment or training for competitive employment; (b) Enables the individual or, if appropriate, the individual's representative to provide input into the review and reevaluation and documents that input in the record of services, consistent with Sec. 361.47(a)(10), with the individual's or, as appropriate, the individual's representative's signed acknowledgment that the review and reevaluation have been conducted; and (c)Makes maximum efforts, including identifying and providing vocational rehabilitation services, reasonable accommodations, and other necessary support services, to assist the individuals identified in paragraph (a) of this section in engaging in competitive employment as defined in Sec. 361.5(b)(11). (Authority: Sec. 101(a)(14) of the Act; 29 U.S.C. 721(a)(14))