Employment Outcome/Development of IPE Codes

Codes

Cal. Code of Regs, title 9, Sec. 7130
§ 7130. Mandatory Procedures for Development of the Individualized Plan for Employment (IPE); Review; Amendment.

  1. The following mandatory procedures shall be used to develop an Individualized Plan for Employment (IPE).
    1. The IPE shall be a written document prepared on the form DR 215 (Rev. 03/04) provided by the Department.
    2. The IPE shall be developed and implemented in a manner that gives eligible individuals the opportunity to exercise informed choice consistent with 7029.6 of these regulations, in selecting---
      1. The employment outcome, including the employment setting;
      2. The specific vocational rehabilitation services needed to achieve the employment outcome, including the settings in which services will be provided;
      3. The entity or entities that will provide the vocational rehabilitation services; and
      4. The methods available for procuring the services, consistent with applicable State procurement laws and regulations and federal policy directives issued by the U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS), Rehabilitation Services Administration.
    3. The IPE must be---
      1. Agreed to and signed by the eligible individual or, as appropriate, the individual's representative; and
      2. Approved, signed, and dated by a Rehabilitation Counselor employed by the Department.
        1. Before approving the IPE, the Rehabilitation Counselor shall determine that the employment outcome, the specific vocational rehabilitation services needed to achieve the employment outcome, the employment setting and settings in which services will be provided, the entities that will provide the services, and the methods available for procuring the services are appropriate and necessary in consideration of:
          1. The individual's unique strengths, resources, priorities, concerns, abilities, capabilities, and interests; and
          2. The scope of applicable laws and regulations specified in Section 7029.6(c) of these regulations.
    4. A copy of the IPE and a copy of any amendments to the IPE shall be provided to the eligible individual or, as appropriate, to the individualís representative, in writing and, if appropriate, in the native language or mode of communication of the individual or, as appropriate, the individualís representative.
    5. The IPE shall be reviewed at least annually in accordance with Section 7133 of these regulations by a qualified vocational rehabilitation counselor and the eligible individual or, as appropriate, the individual's representative to assess the eligible individual's progress in achieving the identified employment outcome.
    6. The IPE may be amended, as necessary, by the individual or, as appropriate, the individual's representative, in collaboration with a representative of the Department or a qualified vocational rehabilitation counselor (to the extent determined to be appropriate by the individual), if there are substantive changes in the employment outcome, the vocational rehabilitation services to be provided, or the providers of the vocational rehabilitation services.
    7. Amendments to the IPE do not take effect until agreed to and signed by the eligible individual or, as appropriate, the individual's representative and by a Rehabilitation Counselor employed by the Department. Before approving and signing any amendment to the IPE, the Rehabilitation Counselor shall review the amendment consistent with applicable requirements established in (a)(3)(B)1. of this section.

29 USC Section 722(b)

  1. Development of an individualized plan for employment
    1. Options for developing an individualized plan for employment
      If an individual is determined to be eligible for vocational rehabilitation services as described in subsection (a) of this section, the designated State unit shall complete the assessment for determining eligibility and vocational rehabilitation needs, as appropriate, and shall provide the eligible individual or the individual's representative, in writing and in an appropriate mode of communication, with information on the individual's options for developing an individualized plan for employment, including--
      1. information on the availability of assistance, to the extent determined to be appropriate by the eligible individual, from a qualified vocational rehabilitation counselor in developing all or part of the individualized plan for employment for the individual, and the availability of technical assistance in developing all or part of the individualized plan for employment for the individual;
      2. a description of the full range of components that shall be included in an individualized plan for employment;
      3. as appropriate--
        1. an explanation of agency guidelines and criteria associated with financial commitments concerning an individualized plan for employment;
        2. additional information the eligible individual requests or the designated State unit determines to be necessary; and
        3. information on the availability of assistance in completing designated State agency forms required in developing an individualized plan for employment; and
        1. a description of the rights and remedies available to such an individual including, if appropriate, recourse to the processes set forth in subsection (c) of this section; and
        2. a description of the availability of a client assistance program established pursuant to section 732 of this title and information about how to contact the client assistance program.
    2. Mandatory procedures
      1. Written document
        An individualized plan for employment shall be a written document prepared on forms provided by the designated State unit.
      2. Informed choice
        An individualized plan for employment shall be developed and implemented in a manner that affords eligible individuals the opportunity to exercise informed choice in selecting an employment outcome, the specific vocational rehabilitation services to be provided under the plan, the entity that will provide the vocational rehabilitation services, and the methods used to procure the services, consistent with subsection (d) of this section.
      3. Signatories
        An individualized plan for employment shall be--
        1. agreed to, and signed by, such eligible individual or, as appropriate, the individual's representative; and
        2. approved and signed by a qualified vocational rehabilitation counselor employed by the designated State unit.
      4. Copy
        A copy of the individualized plan for employment for an eligible individual shall be provided to the individual or, as appropriate, to the individual's representative, in writing and, if appropriate, in the native language or mode of communication of the individual or, as appropriate, of the individual's representative.
      5. Review and amendment
        The individualized plan for employment shall be--
        1. reviewed at least annually by--
          • (I) a qualified vocational rehabilitation counselor; and
          • (II) the eligible individual or, as appropriate, the individual's representative; and
        2. amended, as necessary, by the individual or, as appropriate, the individual's representative, in collaboration with a representative of the designated State agency or a qualified vocational rehabilitation counselor (to the extent determined to be appropriate by the individual), if there are substantive changes in the employment outcome, the vocational rehabilitation services to be provided, or the service providers of the services (which amendments shall not take effect until agreed to and signed by the eligible individual or, as appropriate, the individual's representative, and by a qualified vocational rehabilitation counselor employed by the designated State unit).
    3. Mandatory components of an individualized plan for employment
      Regardless of the approach selected by an eligible individual to develop an individualized plan for employment, an individualized plan for employment shall, at a minimum, contain mandatory components consisting of--
      1. a description of the specific employment outcome that is chosen by the eligible individual, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the eligible individual, and, to the maximum extent appropriate, results in employment in an integrated setting;
        1. a description of the specific vocational rehabilitation services that are--
          • (I) needed to achieve the employment outcome, including, as appropriate, the provision of assistive technology devices and assistive technology services, and personal assistance services, including training in the management of such services; and
          • (II) provided in the most integrated setting that is appropriate for the service involved and is consistent with the informed choice of the eligible individual; and
        2. timelines for the achievement of the employment outcome and for the initiation of the services;
      2. a description of the entity chosen by the eligible individual or, as appropriate, the individual's representative, that will provide the vocational rehabilitation services, and the methods used to procure such services;
      3. a description of criteria to evaluate progress toward achievement of the employment outcome;
      4. the terms and conditions of the individualized plan for employment, including, as appropriate, information describing--
        1. the responsibilities of the designated State unit;
        2. the responsibilities of the eligible individual, including--
          • (I) the responsibilities the eligible individual will assume in relation to the employment outcome of the individual;
          • (II) if applicable, the participation of the eligible individual in paying for the costs of the plan; and
          • (III) the responsibility of the eligible individual with regard to applying for and securing comparable benefits as described in section 721(a)(8) of this title; and
        3. the responsibilities of other entities as the result of arrangements made pursuant to comparable services or benefits requirements as described in section 721(a)(8) of this title;
      5. for an eligible individual with the most significant disabilities for whom an employment outcome in a supported employment setting has been determined to be appropriate, information identifying--
        1. the extended services needed by the eligible individual; and
        2. the source of extended services or, to the extent that the source of the extended services cannot be identified at the time of the development of the individualized plan for employment, a description of the basis for concluding that there is a reasonable expectation that such source will become available; and
      6. as determined to be necessary, a statement of projected need for post-employment services.

34 CFR 361.45(d)(1)-(3)

Development of the individualized plan for employment.

  1. Mandatory procedures. The designated State unit must ensure that--
    1. The IPE is a written document prepared on forms provided by the State unit;
    2. The IPE is developed and implemented in a manner that gives eligible individuals the opportunity to exercise informed choice, consistent with Sec. 361.52, in selecting--
      1. The employment outcome, including the employment setting;
      2. The specific vocational rehabilitation services needed to achieve the employment outcome, including the settings in which services will be provided;
      3. The entity or entities that will provide the vocational rehabilitation services; and
      4. The methods available for procuring the services;
    3. The IPE is--
      1. Agreed to and signed by the eligible individual or, as appropriate, the individual's representative; and
      2. Approved and signed by a qualified vocational rehabilitation counselor employed by the designated State unit;

35 CFR 361.50

  1. Policies. The State unit must develop and maintain written policies covering the nature and scope of each of the vocational rehabilitation services specified in Sec. 361.48 and the criteria under which each service is provided. The policies must ensure that the provision of services is based on the rehabilitation needs of each individual as identified in that individual's IPE and is consistent with the individual's informed choice. The written policies may not establish any arbitrary limits on the nature and scope of vocational rehabilitation services to be provided to the individual to achieve an employment outcome. The policies must be developed in accordance with the following provisions:
  2. Out-of-State services.
    1. The State unit may establish a preference for in-State services, provided that the preference does not effectively deny an individual a necessary service. If the individual chooses an out-of-State service at a higher cost than an in-State service, if either service would meet the individual's rehabilitation needs, the designated State unit is not responsible for those costs in excess of the cost of the in-State service.
    2. The State unit may not establish policies that effectively prohibit the provision of out-of-State services.
  3. Payment for services.
    1. The State unit must establish and maintain written policies to govern the rates of payment for all purchased vocational rehabilitation services.
    2. The State unit may establish a fee schedule designed to ensure a reasonable cost to the program for each service, if the schedule is?
      1. Not so low as to effectively deny an individual a necessary service; and
      2. Not absolute and permits exceptions so that individual needs can be addressed.
    3. The State unit may not place absolute dollar limits on specific service categories or on the total services provided to an individual.
  4. Duration of services.
    1. The State unit may establish reasonable time periods for the provision of services provided that the time periods are?
      1. Not so short as to effectively deny an individual a necessary service; and
      2. Not absolute and permit exceptions so that individual needs can be addressed.
    2. The State unit may not establish absolute time limits on the provision of specific services or on the provision of services to an individual. The duration of each service needed by an individual must be determined on an individual basis and reflected in that individual's individualized plan for employment.
  5. Authorization of services. The State unit must establish policies related to the timely authorization of services, including any conditions under which verbal authorization can be given.