Approval of Eligible Employees

PURPOSE: The department shall determine the eligibility of applicants as persons with disabilities. This rule provides the process for determining eligibility of non-staff persons applying for employment in workshops. Workshops may receive state aid only on persons with disabilities who have been approved by the department. Department approval is not required for the employment of workshop staff. (1) A workshop provides employment for individuals with disabilities. If the workshop is certified by the United States Department of Labor, Wage and Hour Division, employees with disabilities working in the workshop may be paid subminimum wages. The application for certification of a person with a disability is initially submitted by the workshop manager to the agency designated by the Department of Elementary and Secondary Education (department) or the department’s representative for certification. The agency to which an application is submitted shall conduct an evaluation. If the agency determines the existence of a disability, it shall certify such. The evaluating agency shall advise the workshop of this certification and the workshop may submit the certification to the department. The department may approve the applicant for workshop employment. (2) A workshop shall notify the department prior to or concurrent with the employment of any disabled person previously approved by the department. The department shall not pay state aid for workers with disabilities who have not been approved by the department for employment. Department approval is not required for the employment of workshop staff. (3) The certification of eligibility for employment in an extended employment sheltered workshop shall be terminated one (1) year after a worker has obtained supported and/or competitive employment in an integrated and community-based business or industry. A person may reapply to the department for a certification of eligibility should the supported and/or competitive employment status change. The person must meet the eligibility requirements to receive a new certificate of eligibility. AUTHORITY: sections 178.900 and 178.930, RSMo Supp. 2013.* This rule previously filed as 5 CSR 70-770.040. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Nov. 23, 1998, effective July 30, 1999. Moved to 5 CSR 20-300.190, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effective March 30, 2014. *Original authority: 178.900, RSMo 1965, 2011 and 178.930, RSMo 1965, amended 1972, 1973, 1975, 1979, 1987, 1993, 1994, 1997, 1998, 2001, 2007, 2010. Op. Atty. Gen. No. 21, Millan, 11-22-71. Neither special funds from levies authorized by section 205.971, RSMo (1969), pertaining to county sheltered workshops nor funds from general revenue may be used by the directors of a county sheltered workshop or by a county court to pay for the support, care or upkeep of county residents in a county sheltered workshop facility of another county. Persons living at a county residence workshop facility must come within the definition of “handicapped persons” in section 178.900 RSMo (1969) and be employed at the facility or in the community.