[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR361.55]

[Page 314-315]
 
                           TITLE 34--EDUCATION
 
            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

[[Page 315]]

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))

[66 FR 7253, Jan. 22, 2001]