2. Vocational Rehabilitation
3. Job Seekers
4. Subminimum Wage
5. Youth Seeking Subminimum Wage Employment

Youth Seeking Subminimum Wage Employment

Purpose

To inform staff of DVR's responsibilities and necessary documentation for youth (ages 14-24) with disabilities known to be seeking subminimum wage employment.

Rationale

DVR must 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).

Procedures

This process applies to all youth (ages 14-24) with a disability known to be seeking subminimum wage employment with a 14c employer. Documentation is held in the IRIS case file and provided to the youth directly.

This document describes different scenarios and process requirements for youth known to be seeking subminimum wage employment. Consult with local management prior to case closure and throughout the process as needed.

Youth Interested in Competitive, Integrated Employment (CIE)

When a youth completes an application for DVR, receives career counseling, and is interested in seeking CIE they will take the following steps:

1. Complete an application for DVR and be found eligible for DVR services.
2. Develop and implement an approved Individualized Plan for Employment (IPE).
3. Work toward the employment goal listed in their IPE for a reasonable length of time with reasonable accommodations, appropriate supports, and services, including supported employment services and customized employment services.

If at any time a youth, their family, and the VRC decide they have exhausted all DVR resources available, and they are unsuccessful in finding competitive integrated employment after following the steps above, the VRC must close the DVR Case and complete the documentation of Pre-ETS Services Form, provide the consumer with a DVR Closure Letter, document the reason for closure in a an IRIS case note, and complete the Closure tab in IRIS.

Documentation upon Completion of Required DVR Activities for Youth Interested in Seeking CIE:

The information below is required by DVR 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. Use this form DVR-18311-E to provide the details of the Pre-ETS Services to the youth at case closure. Youth will receive this documentation directly from DVR and may use it to enter 14c employment.

Details included in the Pre-ETS Services Received form:

1. Eligibility status, including summary of reason for the determination.
2. Descriptions of the Pre-ETS services/activities completed.
3. Name of the provider of those services/activities completed.
4. Date of the service/activity completion.
5. Signature and date of the individual documenting the completion of required services/activities.
6. Signature and dates of the DVR representative and the school representative, if applicable.
7. Date and method of transmittal of the documentation to the youth.
8. Signature and date of the person transmitting the documentation.
9. DVR will scan and attach documentation to IRIS case file.

Closure Type: Closed After IPE Without an Employment Outcome (28)

Closure Reason: No longer Interested in DVR Services

• Do not select "Too Severe to Benefit from DVR Services" in these instances.

Note:DVR does not determine documentation requirements for 14c employers or service options for long-term support. DVR Staff should encourage youth with long-term care to consult with their long-term care team for service options. Long-term care may not support youth in facility-based prevocational service regardless of the completed DVR documentation.

Youth Seeking Subminimum Wage Employment (Not Interested in CIE)

When a youth completes an application for DVR, they may indicate that they are no longer interested in CIE at any point in the process. When that occurs, close their case, and follow the process below:

1. As with any case, discuss the process with the youth and their support team.
2. Prior to case closure, DVR must provide career counseling on CIE and information and referral services.
   • Career counseling should include the benefits of competitive, integrated employment and working with DVR, including supported employment and customized employment.
   • Information and referrals should include information on resources that provide competitive, integrated employment in the local community.
3. Provide them a copy of an ineligibility letter that indicates they are not interested in competitive, integrated employment. Include language in the closure letter that DVR provided career counseling about CIE and information and referral services.

Closure Type Options:

• If Eligibility has been completed, choose Closed After Eligibility, but Prior to a Signed IPE (30)
• If Eligibility has been completed and an IPE has been signed, choose Closed After IPE Without an Employment Outcome (28)
• If Eligibility has not been completed, choose Closed as an Applicant Prior to Eligibility Determination (08)

Closure Reason for all Closure Type Options:

• Ineligible: Not interested in CIE at application (Pursuant to Section 511): The individual applied for VR services pursuant to section 511 of the Rehabilitation Act and was determined ineligible because he or she did not wish to pursue competitive integrated employment.

Note: Staff should encourage youth to consult with the 14c employer and their long term support care coordinator regarding this completed documentation form as required documentation to work for subminimum wages. DVR does not determine documentation requirements for 14c employers and does not determine long term support funding.

Refusal to Participate

When a youth is requesting documentation to seek subminimum wage employment, but refuses to participate in DVR after they have applied, provide them with documentation of their refusal using this form - Youth Refusal to Participate in DVR Required Activities, DVR-18309-E

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.

1. Description of refusal and the reason for the refusal.
2. Signature and date of the youth, or their representative.
3. Signature and date of the DVR representative or school representative, if applicable.
4. Date and method of transmittal of the documentation to the youth.
5. Statement informing the youth and/or the youth's representatives that refusal to participate in DVR required activities means that the youth will not be eligible for subminimum wage employment with a 14c employer.

Closure Type:

• Closed as an Applicant Prior to Eligibility Determination (08): This Closure Type is automatically selected if the Closure Reason of "Ineligible: Not interested in CIE at application (Pursuant to Section 511)" is selected when closing a case from the Eligibility Page.

Closure Reason:

• Ineligible: Not interested in CIE at application (Pursuant to Section 511): The individual applied for VR services pursuant to section 511 of the Rehabilitation Act and was determined ineligible because he or she did not wish to pursue competitive integrated employment.

Note: This situation is not likely to occur because there is no reason for a youth to come to DVR to get a letter that doesn't allow them to work for subminimum wage.

Forms

• Pre-Employment Transition Services Received, DVR-18311-E
• Youth Refusal to Participate in DVR Required Activities, DVR-18309-E

Last updated: March 2024