Section 29-115. ANNUAL REVIEW OF INDIVIDUALS IN EXTENDED EMPLOYMENT AND OTHER EMPLOYMENT UNDER SPECIAL CERTIFICATE PROVISIONS OF THE FAIR LABOR STANDARDS ACT

 

115.1The Rehabilitation Services Administration shall ensure the following are conducted:

 

(a)An annual review and reevaluation in accordance with the requirements for an individual with a disability served under this chapter:

 

(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 (29 U.C.S. § 214(c)); 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 or that the individual made an informed choice to remain in extended employment; and

 

(b)For each individual with a disability who meets the criteria in subsection (a) of this section, the Rehabilitation Services Administration shall:

 

(1)Review annually and reevaluate the status of each individual for two (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 shall document that input in the record of services, consistent with subsection 112.1(j), 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.

 

source

Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003).