§ 379.5 - What definitions apply?


Latest version.
  • (a) The following terms used in this part are defined in 34 CFR part 361:

    Act

    Community rehabilitation program

    Designated State unit

    Individual who is blind

    Individual with a disability

    Individual with a significant disability

    Physical or mental impairment

    Substantial impediment to employment

    (b) The following definitions also apply to this part:

    (1) Career advancement services mean services that develop specific job skills beyond those required by the position currently held by an individual with a disability to assist the individual to compete for a promotion or achieve an advanced position.

    (2) Competitive employment, as the placement outcome under this program, means work—

    (i) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

    (ii) For which an individual is compensated at or above the minimum wage, but not less than the customary or usual wage and terms and benefits provided by the employer for the same or similar work performed by individuals who are not disabled.

    (3) Integrated setting, as part of the definition of “competitive employment,” means a setting typically found in the community in which individuals with disabilities interact with non-disabled individuals, other than non-disabled individuals who are providing services to them, to the same extent that non-disabled individuals in comparable positions interact with other persons.

    (4) Job readiness training, as used in §379.41(a), means—

    (i) Training in job-seeking skills;

    (ii) Training in the preparation of resumes or job applications;

    (iii) Training in interviewing skills;

    (iv) Participating in a job club; or

    (v) Other related activities that may assist an individual to secure competitive employment.

    (5) Job training, as used in this part, means one or more of the following training activities provided prior to placement, as that term is defined in §379.5(b)(7):

    (i) Occupational skills training.

    (ii) On-the-job training.

    (iii) Workplace training combined with related instruction.

    (iv) Job skill upgrading and retraining.

    (v) Training to enhance basic work skills and workplace competencies.

    (vi) On-site job coaching.

    (6) Person served means an individual for whom services by a PWI project have been initiated with the objective that those services will result in a placement in competitive employment.

    (7) Placement means the attainment of competitive employment by a person who has received services from a PWI project and has maintained employment for a period of at least 90 days.

    (Authority: 29 U.S.C. 711(c) and 795)