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 20-300.170 - Operation of Extended Employment Sheltered Workshops

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifies minimum operating standards for
				  a workshop which has been granted a certificate of authority.
(1) Continued operation of a workshop must be
				evidenced by the availability and eligibility of not fewer than fifteen (15)
				employees.
(2) The not-for-profit
				corporation which operates a workshop shall maintain substantial compliance
				with all federal or state statutes or regulations, or local ordinances at all
				times.
(3) A copy of any
				notification of noncompliance with federal or state laws or regulations shall
				be provided to the Department of Elementary and Secondary Education
				(department) by the workshop receiving such notice. This includes, but is not
				limited to, the United States Department of Labor, Wage and Hour Division;
				Occupational Safety and Health Administration; Department of the Treasury;
				Internal Revenue Service; and the Social Security Administration. Such notice
				shall be provided within twenty (20) calendar days of its initial receipt by
				the workshop. Failure to do so may result in the suspension of state aid
				payments.
(4) Gross revenues from
				the operations of a workshop shall be used first to support current operating
				expenses, including paying employees commensurate wages for comparable work in
				industry, in accordance with the regulations of the Wage and Hour Division,
				United States Department of Labor. Remaining revenue may be used for capital
				expenditures for equipment, buildings, or expansion of activities as determined
				by the workshop board.
(5) A
				workshop shall maintain sufficient insurance coverage to adequately protect its
				employees, the general public having access to workshop property and all real
				and personal property for which the workshop is responsible from loss and
				liability. Workshops shall consider the recommendations of all local, state,
				and federal monitoring agencies when designing insurance coverage and safety
				programs.
(6) The corporate board
				of directors and workshop manager shall observe sound business and financial
				practice in all areas including but not limited to subcontracting, purchasing
				of materials, sale of products and services, budget and accounting control and
				safeguarding of property and material. The workshop shall maintain a
				comprehensive accrual or modified accrual accounting system which accurately
				represents the financial condition of the corporation. Separate and accurate
				financial accounting shall be provided for each major program provided by the
				workshop.
(7) No fees shall be
				charged to employees approved by the department to work in a
				workshop.
(8) Hourly wages paid
				approved employees shall not be less than ten percent (10%) of the minimum wage
				standard as determined by the United States Department of Labor. The average
				income per hour for each approved employee working at piece rates shall be not
				less than ten percent (10%) of the minimum wage standard as determined by the
				United States Department of Labor during any work week.
(9) Approved employees of a workshop shall be
				engaged in production work, or vocational-related training at all times during
				which state aid is claimed. Vocational-related training shall be paid at ten
				percent (10%) of the current federal minimum. During any fiscal quarter, a
				workshop should have no less than eighty percent (80%) of its reimbursable time
				in income producing work. State aid shall be paid for vocational-related
				training time up to a maximum of twenty percent (20%) of a workshop's quarterly
				reimbursable time. The department may waive this requirement for workshops
				located in an area declared by the governor to be a state of emergency for up
				to one (1) year after the declaration. Documentation of the time per employee
				and content of vocational-related training provided shall be maintained for
				inspection by department staff.
(10) The board of directors of workshop shall
				notify the department of any change in the employment status of the workshop
				manager, (e.g., hire, release, placed on leave, etc.); the notification shall
				be made in writing within five (5) days of the change.
(11) The maximum work day for state aid
				purposes shall be as set forth in section
				178.930,
				RSMo.
(12) Monitoring may be done
				periodically by the department to ensure compliance with these regulations. If
				the department determines there is evidence of a violation of regulation, the
				department shall notify the manager and board of the determination. The
				workshop shall prepare a corrective action plan to achieve compliance as
				required. The corrective action plan, with a time frame for completion, shall
				be submitted within ninety (90) days of receipt of the monitoring findings by
				the workshop. Failure to do so may result in the suspension of state aid
				payments.
(13) Every workshop shall
				have in effect written policies and procedures for investigating and resolving
				complaints of abuse and neglect.
(14) Every workshop shall have in effect
				policies and procedures for resolving employee grievances.
*Original authority: 178.900, RSMo 1965, 2011; 178.910,
					 RSMo 1965; 178.920, RSMo 1965; 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
					 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.