The following criteria apply to this program; therefore an employment relationship for the purposes of Connecticut minimum wage laws does not exist:
- Participants are youth with physical or mental disabilities and require on-going support to perform in work setting.
- Participation in community-based vocational opportunities are under the general supervision of school personnel.
- The provision of community-based vocational training opportunities are clearly defined in the student’s IEP.
- The student and parent/guardian have been fully informed of participation in the community-based vocational training component of the IEP and voluntarily agree that this participation does not entitle the student to wages.
The following criteria related to an employer-employee relationship does not exist:
- The activities of the student(s) at the community-based vocational training site do not result in immediate advantage to the business.
- There has been no displacement of employees at the business, no vacant positions have been filled, employees have not been relieved of assigned duties, and the students are not performing services that clearly are of benefit to the business.
- The students are under continued and direct supervision of representatives of the school or by employees of the business.
- Community-based vocational training opportunities are made according to the requirements of the student’s IEP and not to meet the labor needs of the business.
- The period of time spent by the students at any one site or in any clearly distinguishable job classification are specifically limited by the IEP.
In addition, the following criteria are adhered to in this community-based training program:
- Students are not entitled to employment at the business at the conclusion of the IEP provisions.
Should an employment relationship begin at any time during the student’s participation in the community-based vocational training program, the student is entitled to compensation in accordance with the requirements of Connecticut General Statutes, Title 31, Chapters 557 and 558. School personnel are responsible for monitoring this employment relationship and determining when the status of such relationship changes and students are required to receive compensation.