Section 100. The individualized plan for employment procedures

A. General requirements.

1. An individualized plan for employment meeting the requirements of this section shall be developed and implemented in a timely manner for each individual determined to be eligible for vocational rehabilitation services, or, if the designated state unit is operating under an order of selection in accordance with 22VAC30-20-90, for each eligible individual to whom the state unit is able to provide services. Services will be provided in accordance with the provisions of the individualized plan for employment.

2. The state unit must conduct an assessment for determining vocational rehabilitation needs, if appropriate, for each eligible individual or, if the state is operating under an order of selection, for each eligible individual to whom the state is able to provide services. The purpose of this assessment is to determine the employment outcome and the nature and scope of vocational rehabilitation services to be included in the individualized plan for employment.

a. To the extent possible, the employment outcome and the nature and scope of rehabilitation services to be included in the individualized plan for employment must be determined based on data from assessment of eligibility and priority of services under 22VAC30-20-30.

b. If additional data are necessary to determine the employment outcome and the nature and scope of services, the state unit must conduct a comprehensive assessment of the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment services, of the eligible individual, in the most integrated setting possible. In preparing the comprehensive assessment, the state unit must use, to the maximum extent possible and appropriate and in accordance with confidentiality requirements, existing information that is current as of the date of the development of the individualized plan for employment. This includes information (i) available from other programs and providers, particular information used by the education system and the Social Security Administration; (ii) information provided by the individual and the individual's family; and (iii) information obtained under the assessment for determining the individual's eligibility and vocational needs.

3. The individualized plan for employment shall be a written document prepared on forms provided by the state unit.

4. Vocational rehabilitation services shall be provided in accordance with the provisions of the individualized plan for employment. An eligible individual or, as appropriate, the individual's representative may develop all or part of the individualized plan for employment with or without assistance from the state unit or other entity. The individualized plan for employment must be approved and signed by the qualified vocational rehabilitation counselor employed by the designated state unit and the individual or, as appropriate, the individual's representative. The state unit shall establish and implement standards for the prompt development of individualized plans for employment for the individuals identified in subdivision 1 of this subsection, including timelines that take into consideration the needs of the individual.

5. The state unit shall promptly provide each individual or, as appropriate, the individual's representative a written copy of the individualized plan for employment and its amendments in the native language or appropriate mode of communication of the individual or, as appropriate, of the individual's representative.

6. The state unit shall advise in writing each individual or, as appropriate, the individual's representative of all state unit procedures and requirements affecting the development and review of an individualized plan for employment, including the availability of appropriate modes of communication.

7. The individualized plan for employment for a student with a disability who is receiving special education services must be coordinated with the IEP for that individual in terms of goals, objectives, and services identified in the IEP.

B. Individualized plan for employment review. The state unit shall review the plan with the individual or, as appropriate, the individual's representative as often as necessary, but at least once each year to assess the individual's progress in achieving the identified employment outcome. The plan may be amended as necessary if there are substantive changes in the employment outcome, the vocational rehabilitation services to be provided, or the providers of the vocational rehabilitation services. Amendments to the plan do not take effect until agreed to and signed by the individual or, as appropriate, the individual's representative and by a qualified vocational rehabilitation counselor employed by the designated state unit.

C. Review of ineligibility determination. If the state unit determines that an applicant is ineligible for vocational rehabilitation services or determines that an individual receiving services under an individualized plan for employment is no longer eligible for services, the state unit shall:

1. Make the determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative;

2. Inform the individual in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination, including the reasons for that determination, the requirements under this section, and the means by which the individual may express and seek remedy for any dissatisfaction, including the procedures for review of a determination by the rehabilitation counselor or coordinator. The state unit shall provide the individual with a description of services available from the Client Assistance Program, Virginia Office of Protection and Advocacy, established under 34 CFR Part 370, and information on how to contact that program;

3. Refer the individual to other training or employment-related programs that are part of the One-Stop delivery system under the Workforce Investment Act; and

4. Review within 12 months and annually thereafter if requested by the individual or, if appropriate, by the individual's representative any ineligibility determination that is based on a finding that the individual is incapable of achieving an employment outcome. This review need not be conducted in situations in which the individual has refused it, the individual is no longer present in the state, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal (34 CFR 361.43).

Historical Notes

Derived from VR595-01-1 § 10, eff. July 1, 1987; amended, Volume 11, Issue 01, eff. November 2, 1994; Volume 17, Issue 07, eff. January 17, 2001; Volume 19, Issue 14, eff. April 24, 2003.

Statutory Authority

§ 51.5-14 of the Code of Virginia.