(b) The requirements for competitive integrated employment are as follows:

1. (1)

   1. (A) The job must be in an integrated environment.
   2. (B)

(i) The individual’s supervision and level of involvement and interaction with others should be comparable to nondisabled employees performing the same or similar work in businesses typically found in the community.

1. (ii) This means the individual interacts with others with and without disabilities while performing the duties of the job within the work unit and worksite.

   1. (iii) This is not based on a ratio of nondisabled employees, but rather interaction with nondisabled coworkers and customers.
   2. (C) The level of integration of some work environments, including enclaves and mobile work crews, must be reviewed on a case-by-case basis, as one situation may be nonintegrated while another seemingly similar situation is integrated;

2. (2)

   1. (A) The individual must be receiving competitive earnings.

   2. (B)

      1. (i) The individual must be receiving a wage that is comparable to the prevailing wage for work performed at that location and must not be below the minimum wage set in that location.
      2. (ii) The individual’s level of training, skills, and experience must be considered when determining if the individual is being compensated at a level comparable to individuals without disabilities working in a similar position.

   3. (C)

      1. (i) The rate of pay is based on the local prevailing wage of the job consistent with wages paid for comparable work in the community.
      2. (ii) Minimum wage is not the default starting wage; and

3. (3)

   1. (A) The individual must have an opportunity for advancement similar to other employees.
   2. (B) The individual must be provided the equal potential for raises in pay, paid vacation, sick leave, and insurance benefits as other employees without disabilities who work for the employer.

   3. (C)

      1. (i) Opportunities for advancement are not limited to a promotion to more advanced positions.
      2. (ii) They can also include increased job responsibilities or increased work hours.
      3. (c) If there is any indication the individual’s employment may be noncompetitive or nonintegrated, the counselor must determine the following information through consultation with the individual and the employer:
4. (1) The nature of the work and duties the individual is performing;
5. (2) The level of interaction the individual has with others who have and do not have disabilities;
6. (3) The wage the individual is receiving; and

7. (4) The opportunities for advancement available.

   1. (d) After consultation with the individual and employer, the counselor will determine whether or not the individual is in competitive integrated employment.