Exemptions from Participation

(1) A refugee is exempt from participating, unless he or she chooses to participate, if: (a) The refugee is younger than 18 years old; or is a student younger than 22 years old, regularly attending full-time high school, technical or vocational school, or any other secondary school in grade 12 or below or an equivalent level of vocational or technical training. A student loses his or her eligibility as a student as soon as he or she: receives a high school diploma or its equivalent, stops regularly attending school, or turns 22 years of age. Regularly attending means attending at least 80% of the days since enrollment. Regular attendance is not interrupted when the student is temporarily absent for reasons accepted by the school or institution, official school or institution vacation, illness or family emergency. The student is considered to be regularly attending through the end of his or her graduation month. (b) The refugee is caring for another member of the family who has a physical or mental impairment which requires, as determined by competent medical authority, care in the home on a substantially continuous basis, and no other appropriate member of the family is available. (c) The refugee is ill or injured seriously enough to temporarily prevent entry into employment services for not less than an expected 120 days, as determined by competent medical authority. (d) The refugee is working 20 hours or more per week in paid employment expected to last a minimum of 30 days. This exemption will continue if there is a temporary break of no longer than ten days in the full-time employment. (e) The refugee is pregnant, and the child is expected to be born within the next four months. (f) The refugee is incapacitated by a physical or mental impairment that either alone or when combined with age prevents the person from engaging in employment or training. The incapacity is expected to last through the end of the refugee's time eligibility. (g) The refugee is a parent or other caretaker relative who personally provides full-time care of a child younger than two years of age. (h) The refugee is 65 years of age or older. (2) Verification of Exemption. (a) Student status shall be verified by: 1. Current documentation of high school registration, or a signed statement from an appropriate school authority, or 2. During summer months, if the documentation listed in 121 CMR 2.725(2)(a)1. is unavailable, one of the following: a. a report card from the last semester of the previous school year; or b. a course schedule or other notice of attendance for the next school year. (b) Illness, incapacity, or pregnancy shall be verified by a competent medical authority stating the nature and expected duration of the illness or incapacity, and whether it results in total or limited exclusion from participation; or stating the anticipated due date of the pregnancy. (c) Employment for at least 20 hours per week shall be verified by the wage stubs or by a signed and dated statement from the employer that states the hours per week and the wage paid. (d) Care for children younger than two years of age shall be verified by a self-declaration. (3) Inability to communicate in English does not exempt a refugee from participation.