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To inform staff of DVR's responsibilities to and necessary documentation for youth (ages 14-24) with disabilities known to be seeking subminimum wage employment.
DVR must develop a new process, or use an existing process, to document the completion of actions related to youth known to be seeking subminimum wage employment (34 CFR 397.10). Section 511 of the Workforce Innovation and Opportunity Act (WIOA) defines DVR's role in working with youth known to be seeking subminimum wage employment. Youth with disabilities must satisfy certain requirements prior to starting work at subminimum wage and DVR must document these service requirements (34 CFR 397.20).
This process applies to all youth known to be seeking subminimum wage employment with a 14 (c) employer. Documentation is held in the IRIS case file and provided to the youth.
This document describes different scenarios and process requirements for youth known to be seeking subminimum wage employment. Youth (ages 14-24) with a disability must complete an application for DVR and receive both career counseling and information and referral services prior to working at subminimum wage employment. Youth may also receive additional pre-employment transition services (Pre-ETS). Consult with local management prior to case closure and throughout the process as needed.
Typically, a youth known to be seeking subminimum wage employment will be referred to DVR to learn more about its program and services.
A youth with a disability interested in seeking competitive, integrated employment will take the following steps:
If at any time a youth decides to no longer participate in the process, or is unsuccessful in finding competitive, integrated employment after following the steps above, the DVR case must be closed as unsuccessful or ineligible before the youth may enter subminimum wage employment.
Note: DVR staff are encouraged to consult with their team members and supervisors regarding case closure reasons in these circumstances, as they are determined on an individual, case-by-case basis. It would not be appropriate to select "Too Severe to Benefit from DVR Services" in these instances.
Note: A "reasonable period of time" is individualized for each consumer, accounting for the youth's disability and vocational goals and the anticipated length of time to complete services listed in the IPE.
If the youth has participated in Pre-ETS, the information below is required as part of DVR required activity completion documentation, and must be provided to the youth within 45 days of an unsuccessful case closure. Youth do not have to receive all Pre-ETS, only those that are necessary and appropriate.
After consultation with local management, if a youth completes an application for DVR and states they are no longer interested in CIE at any point in the process, close the youth's case as ineligible:
If a youth is requesting documentation to seek subminimum wage employment, but refuses to apply to DVR, provide them with documentation of their refusal.
The information below is required as part of refusal to participate in DVR required activities documentation. If a youth refuses to participate with DVR, DVR must provide the youth with documentation of their refusal within 10 calendar days. DVR must maintain a copy of this record of refusal. DVR will scan and attach completed documentation to IRIS case file.
Note: DVR staff are encouraged to consult with their team members and supervisors regarding case closure reasons in these circumstances, as they are determined on an individual, case-by-case basis. It would not be appropriate to select "Too Severe to Benefit from DVR Services" in these instances.
Last updated December 2022