Section 7212 - Eligibility Requirements; Applicant Assessment; Interview; Referral(a) Any individual who is 18 years or older, blind, as defined in Section 7211(a)(5) of these regulations, a United States citizen, and eligible to receive vocational rehabilitation services from the Department, is eligible to apply for participation in the Business Enterprises Program for the Blind, hereafter BEP.(b) The readiness of an applicant meeting the requirements of subsection (a) herein to participate in the BEP Vendor Training Program shall be determined by: (1) An on-the-job pre-entry evaluation conducted by a Vendor-Trainer who is selected cooperatively by the Rehabilitation Counselor for the Blind and the Training Instructor. This evaluation shall be conducted for 20 working days, and may be extended with the approval of the Rehabilitation Counselor for the Blind and the Training Instructor.(2) A review and interview conducted by an Applicant Review Panel, as specified in subsections (g) and (h) herein, respectively.(c) The Applicant Review Panel shall consist of the Training Instructor, who shall be the Chairperson of the Panel, representatives from BEP staff identified by the BEP Manager, and representation by a maximum of two vendors who are selected by the California Vendors Policy Committee, hereafter CVPC, Training Subcommittee Chairperson.(d) The Vendor-Trainer shall conduct the on-the-job pre-entry evaluation at the Vendor-Trainer's vending facility and shall maintain the confidentiality of the evaluation. Training shall be provided as a vocational rehabilitation service as provided for by 34 CFR section 361.48(f) and Welfare and Institutions Code section 19150(a)(3). During the on-the-job pre-entry evaluation, each applicant shall be evaluated in areas of work performance as specified on the DR 446, Pre-Entry Evaluation (Rev. 07/07), incorporated by reference herein. The applicant must score at least 66 percent on the DR 446, Pre-Entry Evaluation (Rev. 07/07) to be referred for the review and interview conducted pursuant to (g) and (h) herein respectively. The DR 446, Pre-Entry Evaluation (Rev. 07/07) measures 12 areas of performance, has a possible total score of 12 points, and is rated and scored as follows:(1) Standard = Fully meets expected standards. Each standard rating is scored as one (1) point.(2) Below Standard = Fails to meet expected standards. Each below standard rating scores zero (0) points. Any rating of Below Standard must be fully explained by the Vendor-Trainer on the DR 446, Pre-Entry Evaluation (Rev. 07/07), including specific examples to support the rating.(e) The Vendor-Trainer shall complete and forward to the Rehabilitation Counselor for the Blind, a DR 446, Pre-Entry Evaluation (Rev. 07/07) for each applicant he or she evaluated. Those applicants who score at least 66 percent on the DR 446, Pre-Entry Evaluation (Rev. 07/07), consistent with subsection (d) herein, shall be referred to the Applicant Review Panel for the review and interview required by subsections (g) and (h) herein, respectively.(f) For those applicants who score less than 66 percent, the Rehabilitation Counselor for the Blind shall take one of the following actions:(1) Work with the applicant to establish a plan, including classes, training, or business or work experience, which would increase the applicant's ability to successfully complete the on-the-job pre-entry evaluation required by subsection (b)(1) herein; or(2) Re-evaluate the applicant's choice of an employment outcome as a BEP vendor.(g) The Applicant Review Panel shall review the DR 446, Pre-Entry Evaluation (Rev. 07/07) for each applicant referred pursuant to subsection (e) herein. The DR 446, Pre-Entry Evaluation (Rev. 07/07) shall be submitted by the Rehabilitation Counselor for the Blind and/or the Training Instructor:(h) The Applicant Review Panel shall interview each applicant referred pursuant to subsection (e) herein. The Applicant Review Panel shall maintain confidentiality throughout and after the interview process. Interview questions shall be developed by the BEP, with the active participation of the CVPC, before any interviews begin. The Applicant Review Panel shall select questions from the predetermined questions developed by the BEP. Once the questions have been selected, the Applicant Review Panel shall ask all applicants the same questions and shall assign numerical scores to each applicant based on his or her responses. Each question is rated with a score of 1 to 5 points per question.(i) The Applicant Review Panel scores from each member of the panel shall be added to the score derived from the DR 446, Pre-Entry Evaluation (Rev. 07/07). For an applicant referred pursuant to (e) herein to meet the requirements for entrance into the Vendor Training Program, the combined score on the DR 446, Pre-Entry Evaluation (Rev. 07/07) and the score assigned during the interview must average 70 percent of the highest combined scores possible. Within 60 calendar days of completion of the interview, the Applicant Review Panel Chairperson shall inform the applicant's Rehabilitation Counselor for the Blind that the individual is: (1) Approved to enter and participate in the Vendor Training Program; or(2) Referred back to his or her Rehabilitation Counselor for the Blind, who shall take one of the following actions:(A) Work with the applicant to establish a plan, including classes, training, or business or work experience, which would increase the applicant's ability to meet requirements for entrance into the Vendor Training Program; or(B) Re-evaluate the applicant's choice of an employment outcome as a BEP vendor.Cal. Code Regs. Tit. 9, § 7212
1. New article 3 heading and amendment of NOTE filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
2. Editorial correction of subsection (b)(3) (Register 95, No. 43).
3. Amendment of section heading, repealer and new section and amendment of NOTE filed 6-26-2009; operative upon approval of the Secretary of the United States Department of Education in accordance with title 34 of the Code of Federal Regulations section 395.4(a) (Register 2009, No. 26).
4. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39). Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016, 19632(b) and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107, 107b-1(3) and 107d-4; 34 CFR Sections 361.45, 361.46, 361.48, 395.3(a)(4) and (8), 395.7, 395.11 and 395.14(b); and Sections 19011, 19150(a)(3), 19625, 19632(a), 19632(b) and 19638(b), Welfare and Institutions Code.
1. New article 3 heading and amendment of Note filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
2. Editorial correction of subsection (b)(3) (Register 95, No. 43).
3. Amendment of section heading, repealer and new section and amendment of Note filed 6-26-2009; operative upon approval of the Secretary of the United States Department of Education in accordance with title 34 of the Code of Federal Regulations section 395.4(a) (Register 2009, No. 26).
4. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).