[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR361.55]



[Page 293-294]

 

                           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.



[[Page 294]]



    (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]