1. (a) If a youth with a disability has completed secondary education and is twenty-four (24) years old or younger, he or she cannot start working for less than minimum wage until he or she has had the opportunity to:

   1. (1) Receive preemployment transition services under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, or transition services under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.;

   2. (2) Apply for Arkansas Rehabilitation Services services, and either:

      1. (A) Was determined ineligible; or
      2. (B) Was determined eligible and:

2. (i) Had an IPE developed;

   1. (ii) Worked toward an employment outcome for a reasonable period without success; and

      1. (iii) The case was closed unsuccessful despite having reasonable supports; and
   2. (3) Receive career counseling, including information and referrals to other state and federal entities that provide employment services, from Arkansas Rehabilitation Services.

3. (b)

   1. (1) In addition, individuals with disabilities regardless of their age who are employed by a 14(c) must be provided career counseling and information by Arkansas Rehabilitation Services.

   2. (2) These individuals also must be provided, by Arkansas Rehabilitation Services or a community rehabilitation program, information about self-advocacy, self-determination, and peer mentoring training opportunities available in the individual’s geographic area every six (6) months for the first year they are employed, and annually thereafter.

      1. (c) If an individual is referred by a 14(c) subminimum wage certificate holder with fewer than fifteen (15) employees, Arkansas Rehabilitation Services must inform within thirty (30) days of self-advocacy, self-determination, and peer mentoring training opportunities available in the individual's community.

         1. (d) Career counseling must include information and referrals to federal and state programs and other resources in the individual’s geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment, must not be for subminimum wage employment, and must not directly result in subminimum wage employment.
4. (e) Arkansas Rehabilitation Services must provide the counseling within thirty (30) days of the VR ineligibility or case closure, and must generally provide documentation of the services to the youth within forty-five (45) days after completion.

Codification Notes: “IPE” means individualized plan for employment. "VR" means vocational rehabilitation.