40 Tex. Admin. Code § 856.52 - Individualized Plan for Employment
(a)
The Vocational Rehabilitation Division (VRD) initiates and continuously
develops an individualized plan for employment (IPE) for each individual
eligible for vocational rehabilitation (VR) services and for each individual
being provided such services in trial work. All IPEs must be written using the
form prescribed by VRD for this purpose.
(b) VRD advises the customer or, the
customer's parent, guardian, or other representative, as appropriate, of the
customer's options and all VRD procedures and requirements affecting the
development and review of an IPE, including the availability of special modes
of communication.
(c) The VR
counselor and customer or, as appropriate, the customer's parent, guardian, or
other representative, uses information obtained during the assessment to help
the customer make informed choices about VR needs, employment outcome,
intermediate rehabilitation objectives, and the nature and scope of VR services
and the service providers to be included in the IPE.
(d) The VR counselor must provide the
customer or, as appropriate, the customer's representative, with a copy of the
IPE and its amendments, in the mode of communication specified by the customer
or representative.
(e) All
substantive revisions necessary to reflect changes in the customer's employment
outcome, specific VR services, service providers, and the methods used to
procure services must be incorporated into the customer's IPE.
(f) The customer may develop all or part of
the IPE with assistance from the VR counselor, a qualified vocational
rehabilitation counselor not employed by VRD, or another resource outside VRD.
VRD does not pay for non-VRD assistance with IPE development. The IPE is not
final until approved by the VR counselor. A copy of the plan and any amendments
are provided to the customer or the customer's parent, guardian, or other
representative, as appropriate.
(g)
The data used to prepare the IPE must include the information necessary to
satisfy federal requirements and to adequately document the customer's plan of
services. Regardless of the approach selected by the customer to develop the
IPE, the IPE must, at a minimum, contain the following mandatory components:
(1) a description of the customer's specific
employment outcome;
(2) a
description of the specific VR services that are needed to achieve the
employment outcome, including, as appropriate, the provision of assistive
technology devices and assistive technology services; personal assistance
services, including training in the management of those services; and timelines
for initiating the services and for achieving the employment outcome;
(3) a description of the entity chosen by the
customer or, as appropriate, the customer's representative, that will provide
the VR services, and the methods used to procure the services;
(4) a description of criteria to evaluate
progress toward achievement of the employment outcome;
(5) the terms and conditions of the IPE,
including, as appropriate, information describing:
(A) VRD responsibilities; and
(B) customer responsibilities, including:
(i) the customer's responsibilities related
to his or her employment outcome;
(ii) if applicable, the customer's
participation in paying for the costs of the plan;
(iii) the customer's responsibility to apply
for and secure comparable benefits; and
(iv) the responsibilities of other entities
resulting from arrangements made under comparable services or
benefits;
(6)
for a customer with the most significant disabilities for whom an employment
outcome in a supported employment setting has been determined to be
appropriate, information identifying:
(A) the
extended services that the customer needs; and
(B) the source of extended services or, if
the source of the extended services cannot be identified at the time that the
IPE is developed, a description of the basis for a reasonable expectation that
a source will become available; and
(7) as determined to be necessary, a
statement of projected need for post-employment services.
(h) In developing an IPE for a student with a
disability who is receiving special education services, VRD must consider the
student's individualized education program.
(i) The VR counselor must advise the customer
of the customer's rights and the means by which the customer may express and
seek remedy for dissatisfaction with the plan, including the opportunity for an
administrative review of VRD action and a fair hearing in accordance with the
Administrative Procedure Act, Texas Government Code, Chapter 2001, and the
rules in Chapter 850 of this title (relating to Vocational Rehabilitation
Services Administrative Rules and Procedures).
(j) The VR counselor reviews the IPE as often
as necessary, but on at least an annual basis, at which time the customer or
the customer's parent, guardian, or other representative, as appropriate, is
afforded an opportunity to review the plan and, if necessary, jointly redevelop
its terms.
(k) The IPE is a joint
commitment that must be signed by both the VR counselor and the customer.
(l) VRD may provide only goods and
services that are reasonable and necessary to achieve the employment outcome
identified in the customer's IPE.
(m) VRD provides services in the most
integrated setting that is appropriate for the services involved and is
consistent with the informed choice of the eligible individual.
(n) Before suspending, reducing, or
terminating any planned service in the IPE, VRD shall provide notification of
intent to the customer.
(o) VRD
must suspend, reduce, or terminate the customer's planned services no sooner
than 10 working days after notice has been provided to the customer.
Notes
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