Missouri Code of State Regulations › Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Division 20 - Division of Learning Services › Chapter 300 - Office of Special Education › Section 5 CSR 20-300.190 - Approval of Eligible Employees

Current through Register Vol. 49, No. 14, July 15, 2024
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.
*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.