Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 30. Department for Aging and Rehabilitative Services
Chapter 20. Provision of Vocational Rehabilitation Services
8/15/2020

22VAC30-20-195. Youth with Disabilities Seeking Subminimum Wage Employment.

A. Prior to youth with disabilities starting subminimum wage employment, the department shall provide youth with disabilities documentation upon completion of the following actions:

1. Appropriate pre-employment transition services available to a student with a disability under subsection A of 22VAC30-20-120 or transition services under IDEA.

2. Application for vocational rehabilitation services in accordance with subsection B of 22VAC30-20-20 with the result that the individual was determined:

a. Ineligible for vocational rehabilitation services in accordance with 22VAC30-20-80; or

b. Eligible for vocational rehabilitation services in accordance with 22VAC30-20-40 and (i) has an approved individualized plan for employment in accordance with 22VAC30-20-110; (ii) was unable to achieve the employment outcome specified in the individualized plan for employment despite working toward the employment outcome with reasonable accommodations and appropriate supports for a reasonable period of time; and (iii) the case record of service with vocational rehabilitation for the youth with a disability has been closed.

3. Receipt of career counseling and information and referral from the department to state, federal, and other resources in the individual's geographic area that offer employment related services and supports designed to enable the individual to explore and obtain competitive integrated employment. The career counseling and information and referral services shall:

a. Be provided in a manner that facilitates informed choice and decision making by the youth or the youth's representative as appropriate;

b. Not be for subminimum wage employment and did not directly result in employment compensated at a subminimum wage; and

c. Be provided within 30 calendar days of closure of the vocational rehabilitation case record of service.

B. The department, in consultation with the state education agency, shall implement a process that includes the following steps to document the completion of the actions described in this section:

1. The appropriate school official responsible for the provision of transition services shall provide the department documentation of completion of appropriate transition services under IDEA and under 34 CFR 397.30; and

2. The department shall provide documentation of completion of transition services and documentation of completed appropriate pre-employment transition services to the youth with a disability.

C. The documentation, which is provided to the youth with a disability, shall be in a form and manner that is accessible for the youth and shall contain the following:

1. Youth's name;

2. Determination made, including a summary of the reasons for the determination, or description of the service or activity completed;

3. Name of the individual making the determination or the provider of the required activity;

4. Date of the determination made or required service or activity completed;

5. Signature and date of signature of the department or educational personnel making the determination or documenting completion of the required service;

6. Signature of the department personnel transmitting the documentation to the youth with a disability;

7. Date and method (e.g., hand-delivered, faxed, mailed, emailed, etc.) by which the documentation was transmitted to the youth; and

8. A coversheet that itemizes the contents of the documents that have been provided to the youth.

D. The department shall provide to the youth documentation of completion of each action required in subsection A of this section (i) within 45 calendar days after the completion the action or (ii) within 90 calendar days if additional time is necessary due to extenuating circumstances.

E. In the event that a youth with a disability or, as applicable, the youth's parent or guardian refuses through informed choice to participate in any action required by this section, the department shall provide the youth within 10 calendar days of the refusal documentation that contains:

1. Youth's name;

2. A description and reason for the refusal;

3. Signature of the youth or, as applicable, the youth's parent or guardian;

4. Signature and date of signature of the department or educational personnel documenting the youth's refusal; and

5. Date and method (e.g., hand-delivered, faxed, mailed, emailed, etc.) by which documentation was transmitted to the youth.

Statutory Authority

§ 51.5-131 of the Code of Virginia.

Historical Notes

Derived from Volume 35, Issue 01, eff. October 3, 2018.

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