| (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.
|
| Source Note: The provisions of this §856.52 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective November 8, 2017, 42 TexReg 6195; amended to be effective December 26, 2022, 47 TexReg 8740 |
