Introduction

Providing the community experiences required by IDEA may be in conflict with the Fair Labor Standards Act (FLSA). As educators providing these types of experiences to students, we need to be aware that specific Department of Labor regulations must be met. This manual is designed to provide the information and forms you will need to meet the requirements of the FLSA while maintaining quality programs for students with disabilities.

Note: If the school district/agency fails to comply with all FLSA requirements:

• Large fines and back wages will be assessed upon compliance review.

Employers who are willing to work with special education students are placed in jeopardy for they can be held responsible for full compliance with FLSA.

Guidelines For Compliance With FLSA

If a student is in a non-paid work site in the community, all the following criteria must be met.

Participants will be youth with disabilities for whom competitive employment at or above the minimum wage level is not immediately obtainable in that career area.

The activities of the students at the community-based placement site do not result in an immediate advantage to the business.

In determining if a district is in compliance with this guideline, the Department of Labor will look at the following four factors:

1. There has been no displacement of employees.

vacant positions are not left unfilled

employees are not relieved of assigned duties

students are not performing services that although not ordinarily performed by employees are of benefit to the business

2. Community-based work sites must be under the general supervision of public school personnel. Students are to be under continual and direct supervision by either a representative of the school or by employees of the business.

3. Community-based placements will be a clearly defined component of the IEP with goals and objectives written for either vocational assessment, exploration, and/or training.

4. The periods of time spent by the students at any one site or in any clearly distinguishable job classification are specifically limited and documented on the IEP.

Example: A student training in a custodial position in one business would not be allowed to train in another business as a custodian, because 'custodian' is a distinguishable job classification.

Participation will be for vocational exploration, assessment, or training in a community-based placement work site.

Each component will not exceed the following time limitations in any one school year.

Vocational exploration 5 hours per job experience

Vocational assessment 90 hours per job experience

Vocational training 120 hours per job experience

Although training is provided through a community-based placement, it must be similar to that which would be given in a vocational school.

Training is for the benefit of the student, not to meet labor needs.

There is an understanding among parents, students, school personnel, and employer that students are not entitled to wages.

Students are not entitled to employment at the conclusion of the training program.

Upon request, documentation as to the student's enrollment in the community-based placement program will be made available to the Departments of Labor and Education. The following documentation is required:

IEP goals, objectives, and justification

Documentation as outlined in manual

Letter of agreement signed by parent, student, employer, and school representative

In addition to all the above guidelines, all Child Labor Laws must be observed.

Child Labor Laws Employment Standards for 14 and 15 Year Olds

Employment of 14 and 15 year old minors is limited to certain occupations under conditions which do not interfere with their schooling, health, or well-being.

Students may work no more than 3 hours per day

Fourteen and 15 year old minors may not be employed in:

1. Any manufacturing occupation

2. Any mining occupation

3. Any processing occupation*

4. Occupations in work places where goods are manufactured, mined or otherwise processed*

5. Public messenger service

6. Operation or tending of hoisting apparatus or any power-driven machinery*

7. Any hazardous occupation

8. Occupations in

-transportation*

-warehousing/storage*

-communications/public utilities*

construction (including repair)*

9. Occupations that require:

-work around boiler/engine room

-repair of machines/equipment

-ladders/scaffolds

-cooking and baking*

-work with food slicers/grinders/choppers, cutters and bakery mixers

-work in freezers/coolers

-preparation of meats*

-loading and unloading goods

*See Appendix A for exceptions

Child Labor Laws Employment Standards for 16 and 17 Year Olds

Sixteen and 17 year old minors may not work in occupations that are detrimental to their health and well-being. There are 17 occupations orders in effect.

1. Manufacturing and storing explosives*

2. Motor-vehicle driving and outside helper*

3. Coal mining*

4. Logging and sawmilling*

5. Power-driven woodworking machines

6. Exposure to radioactive substances

7. Power-driven hoisting apparatus*

8. Power-driven metal-forming, punching, and shearing machines*

9. Mining, other than coal mining*

10. Slaughtering, or meat-packing processing or rendering*

11. Power-driven bakery machines*

12. Power-driven paper-products machines*

13. Manufacturing brick, tile, and kindred products*

14. Power-driven circular saws, band saws, and guillotine shears*

15. Wrecking demolition and ship-breaking operations

16. Roofing operations

17. Excavation operations*

*See Appendix B for exceptions

ASSESSMENT

Community based vocational assessment determines a student's interest and ability in a specific job. This information is then used in the development of the IEP or IL plan. Assessment is always completed under the supervision of school personnel.

Non community based assessment options are also listed in this area.

Assessment may not exceed 90 hours in any job classification within a school year.

Assessment - Situational

Description: Situational assessment is an on-site assessment which provides the most realistic means of evaluating any student's interest and ability in a specific job.

Step 1: After determination of a student's preferences, potential businesses are identified and a contact made.

Step 2: A task analysis of the job is completed either by talking with the employer or watching a worker complete the task.

Step 3: The task is demonstrated to the student.

Step 4: Student completes job while evaluator assesses performance using situational assessment form.

Because the student is in a non-paid situation, all FLSA guidelines and Child Labor Laws must be met. (See Appendix A and B)

Age Requirements: Students 14 years old and above.

Time Limitations: Community based vocational assessment cannot exceed 90 hours per job experience.

Insurance: If situational assessment is listed on the IEP, the District policy covers the student.

Documentation:

A Situational Assessment form must be completed for each job experience.

Situational assessment needs to be listed on the IEP.

If assessment will last longer than 10 hours, a letter of agreement must be signed by the student, parent, teacher, and employer.

Student Self Evaluation.

IEP Documentation .

IEP Documentation:

Present Levels of Performance:

Using the Transition Checklist the student/parent has indicated employability needs in the area of evaluating interest and ability.

Goal:

The student will identify career aptitude utilizing a situational assessment.

Objective:

Given one community based assessment site, the student will determine interest in the job area of food service as measured by 100% completion of the Student Self Evaluation not to exceed 90 hours.

Given one community based assessment site, the student will determine aptitudes in the job area of mechanics as measured by 100% completion of the Student Self Evaluation, a maximum of five hours.

Justification:

The student's involvement in non-paid work experience is because employment is not immediately obtainable in the areas of assessment.

Note:

To develop two or more objectives, changes in outcome (interest, aptitude or in job area (food service, mechanics) can be made.

A situational assessment can be written as a service objective also.

Goals and objectives are offered as guidelines. Each should be individualized based on student needs.

Non Community Based Assessment

Required:

Achievement testing every three years

Psychological evaluation every three years

Transition Checklist before the annual IEP

Optional Assessments:

Vocational:

GATB - given free by Job Service

Valpar - given free by Job Service

TAPS - given by school personnel

ASVAB - given by school personnel

Interest:

· VOC - Tech Quick Screener - given by school personnel

· PIC - given by school personnel

· Discover - given by school personnel (high schools)

· Endeavor - given by school personnel (high schools)

· Career Planning Program (CPP) - given by school personnel

· How to Read Your Inner Map - given by school personnel

Other:

· Functional Skills Checklist recommended before 6th grade and 9th grade

· Transition Assessment

Documentation Required

For Assessment

Situational Assessment

Letter of Agreement

(if on site for more than 10 hours)

Student Self Evaluation

Insurance Form

SITUATIONAL ASSESSMENT

Student Name: Date:

Evaluator: Employer's Name:

Occupation: Site:

Level of Supervision: Continual Total Time Assessed:

Discrepancy analysis ( +/- )

performance of task at acceptable

work standards

Task Analysis	Quality	Speed

SITUATIONAL ASSESSMENT

(Page 2)

Does the student maintain work behavior for an extended time period?

Does the student exhibit appropriate social skills in the work environment?

What natural supports are available in this work site?

Does student appear comfortable in the work environment?

What parts of this job did the student appear to enjoy?

What part(s) of this job could the student learn to do?

What strategies/adaptations could be made to enable the student to complete the task successfully?

___ work with co-worker

___ rearrange the environment

___ reposition equipment

___ provide environmental cue

___ other________________________________________

Community-Based Vocational Assessment/Training

Letter of Agreement

agrees to permit , age

(Employer) (Student)

to utilize for the purpose of receiving community-based

(Business)

vocational assessment/training.

The assessment/training period begins: . The student will be on the

site from to , on .

(Starting Time) (Ending Time) (Days)

The student will be covered by accidental/health insurance provided through the school system or parent during training hours. The employer will not pay the student for the job duties completed while on this community-based site. The activities of the student will not result in an immediate advantage to the business. In order for there to be no advantage to the employer, there can be no displacement of employees; vacant positions can not been filled by students; employees are not relieved of assigned duties; and the students are not performing services that, although not ordinarily performed by employees, clearly are of benefit to the business.

The student participating in this training experience is an individual for whom competitive employment at or above the minimum wage level is not immediately obtainable in the field.

The students are under continued and direct supervision by either representatives of the school or by employees of the business.

Such placements are made according to the requirements of the student's IEP and not to meet the labor needs of the business.

The periods of time spent by the students at any one site will not exceed the legal limitations during any one school year.

Students are not entitled to employment at the business at the conclusion of assessment/training.

Students 16 and 17 years old may not participate in any training activities that have been declared hazardous by the Department of Labor.

1. Manufacturing and storing explosives. 10. Slaughtering, or meat packing.

2. Motor vehicle driving and outside helper. 11. Power-driven bakery machines.

3. Coal mining. 12. Power-driven paper-products machines.

4. Logging and sawmilling. 13. Manufacturing brick, tile, and kindered products.

5. Power-driven woodworking machines. 14. Power-driven circular saws, band saws, and

6. Exposure to radioactive substances. guillotine shears.

7. Power-driven hoisting apparatus. 15. Wrecking, demolition, and ship breaking

8. Power-driven metal-forming, punching, and operations.

shearing machines. 16. Roofing operations.

9. Mining other than coal mining. 17. Excavation operations.

Fourteen and 15 year old minors may not be employed in:

1. Any manufacturing 8. Occupations in

2. Any mining occupation -transportation*

3. Any processing occupation* -warehousing/storage*

4. Occupation in work places where goods -communications/public utilities*

manufactured, mined, or otherwise -construction (including repair)*

processed* 9. Occupations that require:

5. Public messenger service -work around boiler/engine room

6. Operation or tending of hoisting apparatus -repair of machines/equipment

or any power-driven machinery* -ladders/scaffolds

7. Any hazardous occupation -cooking and baking*

-work with food slicers/grinders/choppers/cutters

bakery mixers

-work in freezers/coolers

-preparations of meats*

-loading and unloading goods

*For exceptions see Employment Standards for 14 and 15 year olds.

Approvals

Student Date Employer Date

Parent or Guardian Date School Personnel Date

STUDENT SELF EVALUATION

INTERESTS:

Parts of this job I found interesting:

Parts of this job I found uninteresting:

APTITUDES:

Job skills I demonstrated:

Areas of difficulty:

INSURANCE FORM

	NAME OF STUDENT			DATE OF BIRTH
Male or Female	FIRST NAME	MI	LAST NAME	MO	D A Y	YR.	PROGRAM	AMOUNT















					Total amount remitted			$

Transfer the census count to the Invoice form below , do the money extension, enter the name of your school, make a copy for your file, attach your check and mail to MAGNUSSON AGENCY. This one-step procedure will effect coverage promptly, immediately furnish you with an invoice, close your file as far as payment is concerned and eliminate correspondence. Please note that no coverage will issue until premium is received by us, and one premium must be paid for each individual to be covered.

TO: MAGNUSSON AGENCY - P.O. BOX 1113 - FORT DODGE, IA 50501

INVOICE

ATTENDANCE CENTER: NO.

DATE:

NUMBER OF INDIVIDUALS LISTED ABOVE: X’s $12.75 = $ REMITTED HEREWITH.

Job Shadowing

Description:

Middle school and high school students can arrange (or have arranged) an opportunity to observe employees in a career field of interest.

Time-Limitation:

Exploration opportunities cannot exceed five hours per job experience.

Documentation:

Career exploration must be listed on the IEP

Student self evaluation

Insurance:

A separate insurance policy is not needed if exploration is listed on the IEP. The District insurance policy covers the student in this situation.

IEP Documentation:

Present Levels of Performance:

Using the Transition Checklist the student/parent has indicated employability needs in the area of evaluating interests and abilities.

Goal:

The student will increase career awareness in the areas of cosmetology and welding.

Objectives:

Given one community job shadowing site, the student will determine interest in the area of cosmetology as measured by 100% completion of the Student Self Evaluation, not to exceed five hours per site, completed by March 15.

Given one community job shadowing site, the student will identify job tasks in the area of welding as measured by 100% completion of a Student Self Evaluation and not to exceed five hours per site, completed by February 25.

Justification:

The student's involvement in non-paid work experience is because employment is not immediately obtainable in areas of exploration.

Note:

To develop two or more objectives, changes in outcome (interest/identification of job tasks) or in job area can be made.

*Goals and objectives are offered as guidelines. Each should be individualized based on student needs.

Job Shadowing - Student Self Evaluation

Student Name: Date:

Job Shadowing Site:

Address: Phone:

Contact Person:

Negative Positive

Interest in career	1	2	3	4	5
Comfort in environment	1	2	3	4	5

What type of activities did you observe?

If you did participate, in what activities did you participate?

Do you see yourself in this career?

If so, what about this job did you like?

If not, what parts of this experience interested you? (These might relate to another career path.)

For employer only: Please complete the following rating scale.

Negative Positive

Punctual	1	2	3	4	5
Showed Interest	1	2	3	4	5

Employer Signature:

TRAINING

Vocational training requires placing students on the job for the purpose of providing work experience which cannot be simulated in a classroom setting. Training is supervised by school personnel or by a designated supervisor or co-worker.

Training may not exceed 120 hours in any job classification within a school year.

In School Work Sites

Description:

Students needing an initial more supervised work setting can be placed in non paid positions within the school system. The purpose of this type of training is to enable the student to gain work experience and work adjustment skills.

Age Requirements:

Students 14 years old and above may not exceed 120 hours. Individuals under 14 years old, may not exceed one hour per day.

Time Limitations:

Training opportunities cannot exceed 120 hours per job classification in any school year.

To extend hours a student may spend at a job site, a 90 hour assessment may be completed before the 120 training hours begin. To do this, all documentation for both assessment and training must be completed.

Insurance:

No special insurance is required to complete an in school work experience. As long as in school work is listed on the IEP, the District insurance policy will cover students.

Documentation:

Site Analysis

Case notes

Letter of Agreement

IEP Documentation

Worker Evaluation

IEP Documentation:

Goal:

The student will gain work experience and work adjustment skills through in school work.

Objectives:

Given an in school work site in Central's laundry room, the student will gain work experience through completing all designated job duties as measured by an 85% on a Worker Evaluation, not to exceed 120 hours, for two hours per day, three days per week for one semester.

Given an in school work site at General Beadle as a custodian, the student will demonstrate work adjustment behaviors as measured by an 85% on a Worker Evaluation, not to exceed 120 hours, one hour per day, five days per week for one semester.

Objectives must include: specific job and indication of time on the job.

Work adjustment behaviors or job duties may be specifically identified depending on student needs.

Justification:

The student's involvement in non paid work experience is because employment is not immediately obtainable in areas of training.

Goals and objectives are offered as guidelines. EACH should be individualized based on student needs.

In-School Site Analysis

Site: Dates:

Supervision: Level of Supervision:

School District Personnel _____ Continuous

_____ Occasional

Supervision: _____ Periodic

School District Employer

Evaluation

Job Components Poor Excellent

1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5

Total Score

Case Notes

Student Name Level of Supervision:

_____ Continuous

_____ Occasional

_____ Periodic

Date Comments Work Site

WORKER EVALUATION

Student: Evaluator:

Date: Site:

Poor Excellent

Gets material	1	2	3	4	5
Follows schedule/directions	1	2	3	4	5
Quality of work	1	2	3	4	5
Quantity of work	1	2	3	4	5
Task problem solving	1	2	3	4	5
Work safety	1	2	3	4	5
Adjusts to change	1	2	3	4	5
Accepts criticism	1	2	3	4	5
Works independently	1	2	3	4	5
Seeks additional work when finished with assigned task	1	2	3	4	5

Checks in	1	2	3	4	5
Starts work on time	1	2	3	4	5
Attends to task	1	2	3	4	5

Grooming	1	2	3	4	5
Communicates needs	1	2	3	4	5
Social problem solving	1	2	3	4	5
Teamwork	1	2	3	4	5
Break behavior	1	2	3	4	5

Level of Supervision: _____ Continuous

_____ Occasional Total Score: _______

_____ Periodic

Comments:

Volunteer Training Sites

Description:

Students that require the direct supervision of a job coach to gain work experience and/or work adjustment skills may benefit from a volunteer training site.

Age Requirement:

Prior to the age of 14, the volunteer work site must be in a non-profit organization and a position that is normally assumed by a volunteer.

Age 14 years and older, not to exceed 120 hours.

Time Limitations:

Training opportunities cannot exceed 120 hours per job classification in any school year.

Students under 14 years old, not to exceed one hour per day.

*To extend hours a student may spend at a job site, a 90 hour assessment may be completed before the 120 training hours begins. All documentation for assessment and training is required.

Insurance:

Students participating in this program purchase insurance to cover both liability and medical potential needs. This policy increases the likelihood that students will be allowed to participate in hands-on activities. A policy is available from Magnasson, Post Office Box 1113, Fort Dodge, IA 50501. The cost is $12.75 per semester, per student. The District insurance policy also covers students during volunteer experiences.

Documentation:

Site Analysis

Case notes

Letter of Agreement

IEP Documentation

Proof of Insurance - copy of insurance form

Worker Evaluation

IEP Documentation

Present Levels of Performance: Using the Transition Checklist the student/parent has indicated employability needs in the area of work habits, ability, and/or interest.

Goal:

The student will gain work experience and work adjustment skills through volunteer training sites.

Objectives:

Given a volunteer training site as a housekeeper at the Holiday Inn, the student will gain work experience through completing all designated job duties as measured by an 85% on a Worker Evaluation, 2 times per week for 6 weeks, not to exceed 120 hours.

Given a volunteer training site at the Community Care Center in the area of food service. The student will demonstrate work adjustment behaviors as measured by an 85% on a Worker Evaluation, two times per week for six weeks, not to exceed 120 hours.

Objectives must include: specific job

indication of time

Work adjustment behaviors or job duties may be specifically identified depending on student needs.

Justification:

The student's involvement in non-paid work experience is because employment is not immediately obtainable in areas of training.

*Goals and objectives are offered as guidelines. Each should be individualized based on student needs.

SITE ANALYSIS - VOLUNTEER TRAINING SITES

Site: Job Title:

Address: Telephone:

Supervision:

School District Personnel Employer

Dress Code:

Restrictions:

Job Components:

Case Notes

Student Name Level of Supervision:

_____ Continuous

_____ Occasional

_____ Periodic

Date Comments Work Site

1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5

1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5

1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5
1	2	3	4	5