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Office of the Revisor of Statutes

268A.01 DEFINITIONS.
    Subdivision 1. General. For the purposes of this chapter, the terms defined in this section
shall have the meanings given them.
    Subd. 2. Department. "Department" means the Department of Employment and Economic
Development.
    Subd. 3. Commissioner. "Commissioner" means the commissioner of employment and
economic development.
    Subd. 4. Vocational rehabilitation services. "Vocational rehabilitation services" means
those services and goods so defined in the federal Rehabilitation Act of 1973, as amended, and
section 268A.03, clause (b).
    Subd. 5. Person with a disability. "Person with a disability" means an "individual with a
disability" as defined in the federal Rehabilitation Act of 1973, as amended.
    Subd. 6. Rehabilitation facility. "Rehabilitation facility" means an entity which meets the
definition of community rehabilitation program in the federal Rehabilitation Act of 1973, as
amended. However, for the purposes of sections 268A.03, paragraph (a), 268A.06, and 268A.15,
rehabilitation facility means an entity which is operated for the primary purpose of providing or
facilitating employment for persons with a severe disability.
    Subd. 7.[Repealed, 1995 c 224 s 126]
    Subd. 8. Center for independent living. "Center for independent living" means a private
nonprofit organization incorporated under Minnesota law and operated for the purpose of
providing independent living services to persons with disabilities. Boards of directors for the
center for independent living are composed of community representatives. Fifty-one percent of
the board members must be individuals with disabilities.
    Subd. 9. Center-based employment subprogram. "Center-based employment subprogram"
means employment which provides paid work on the premises of a rehabilitation facility and
training services or other services necessary for employment on or off the premises of the
rehabilitation facility.
    Subd. 10. Extended employment program. "Extended employment program" means the
center-based employment and supported employment subprograms.
    Subd. 11.[Repealed, 1995 c 224 s 126]
    Subd. 12.[Repealed, 1995 c 224 s 126]
    Subd. 13. Supported employment. (a) "Supported employment" means employment of a
person with a disability so severe that the person needs ongoing training and support to get and
keep a job in which:
    (1) the person engages in paid work in a position removed from the service vendor's site
where individuals without disabilities who do not require public subsidies also may be employed;
    (2) public funds are necessary to provide ongoing training and support services throughout
the period of the person's employment; and
    (3) the person has the opportunity for social interaction with individuals who do not have
disabilities and who are not paid caregivers.
    (b) If the commissioner has certified a rehabilitation facility setting as integrated, then
employment at that site may be considered supported employment.
    Subd. 14. Affirmative business enterprise employment. "Affirmative business enterprise
employment" means employment which provides paid work on the premises of an affirmative
business enterprise as certified by the commissioner.
    Affirmative business enterprise employment is considered community employment for
purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided that the
wages for individuals reported must be at or above customary wages for the same employer. The
employer must also provide one benefit package that is available to all employees.
History: 1976 c 332 s 1; 1977 c 430 s 9; 1984 c 627 s 1; 1Sp1985 c 9 art 2 s 3; 1Sp1985 c 14
art 9 s 75; 1987 c 369 s 1; 1988 c 689 art 2 s 16-18,268; 1989 c 106 s 1; 1990 c 363 s 1-3; 1994 c
483 s 1; 1995 c 224 s 80-84; 1Sp2003 c 14 art 6 s 67; 2004 c 206 s 48,52; 2007 c 135 art 2 s 27,28