LAW
Writer®
Ohio Laws and Rules
(A) RSC shall provide services only if they are listed on the IPE, except for assessment services and needed auxiliary services for them, and referral. RSC shall provide services on the IPE only for one of the following purposes: (1) to enable the consumer to reach or maintain the employment outcome; or (2) as an auxiliary service needed for the consumer to take part in those services. RSC shall provide services only in an integrated setting. “Integrated setting” means a setting typically found in the community in which consumers interact with persons who do not have a disability, other than service providers.
(B) As soon as the consumer is determined eligible for services, an IPE shall be developed. RSC shall provide an eligible consumer or the consumer’s representative, in writing, with information on the consumer’s options for developing an IPE. The consumer, or as appropriate, his or her parent, guardian, or authorized representative, has the option to develop his or her own IPE or to work in partnership with RSC to develop the IPE. “Authorized representative,” for purposes of rules 3304-2-51 to 3304-2-66 of the Administrative Code, includes a family member, a guardian, an advocate, or any other person authorized by the consumer. The IPE shall be developed through assessment of the consumer’s VR needs. The IPE shall be agreed upon and signed by the counselor and the consumer and, as appropriate, his or her parent, guardian, or authorized representative. The IPE shall be designed to achieve the employment outcome of the consumer.
(1) The employment outcome shall be consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities, interests, and informed choice of the consumer, and shall include employment in an integrated setting. The employment goal shall be based on a comprehensive assessment.
(2) The IPE shall include, but shall not be limited to, the following content:
(a) The employment outcome for consumers determined eligible (for consumers in supported employment, a minimum, weekly work goal that maximizes the consumer’s vocational potential at the time of transition);
(b) The specific VR services to be provided (including on-going support services for persons in supported employment; and rehabilitation technology, personal assistance services, and training in the management of such services, if appropriate), the projected beginning date and anticipated duration of each service, timelines for the achievement of the employment outcome, that services shall be provided in the most integrated settings unless terms and conditions are provided for not doing so, the service provider(s) or vendor(s);
(c) The criteria for the evaluation of progress toward achievement of the employment outcome; and for supported employment periodic monitoring to ensure satisfactory progress toward meeting the weekly work goal by the time of transition to extended services;
(d) As determined to be necessary, a statement of the projected need for post-employment services;
(e) What comparable benefits shall be used;
(f) For supported employment, an assessment of the need for extended services, who (what state, federal, or private organization, or family, trust fund, or private for-profit organization, such as an employer, or other resources) will provide extended services, and the basis for determining that extended services are available if the source is unknown, state why there is a reasonable expectation that services will become available;
(g) A statement that the consumer was informed about and involved in choosing among alternative employment outcomes, services, service providers, the setting in which services shall be provided, the employment setting, and methods of providing such services;
(h) The consumer’s duties in implementing the IPE, including the extent of participation in the cost of services; and
(i) Statements of the consumer’s rights, including the methods of appeal, and of the availability of the client assistance program.
(3) The IPE and amendments to it shall be provided in the native language or mode of communication of the consumer (and, as appropriate, the parent, guardian, or authorized representative) to the maximum extent possible.
“Mode of communication” means specialized aids and supports that enable a person with a disability to comprehend and respond to information that is being communicated, such as braille.
(4) RSC shall provide a copy of the IPE and amendments to the consumer and, as appropriate, his or her parent, guardian, or authorized representative.
(5) The IPE shall be jointly reviewed each year with the consumer (and as appropriate, his or her parent, guardian, or authorized representative) to assess the eligible consumer’s progress in achieving the identified employment outcome, and re-developed if necessary.
(6) The IPE shall be jointly updated as necessary. Such amendment shall be agreed upon and signed by the consumer and the counselor (and, as appropriate, his or her parent, guardian, or authorized representative) before the change(s) takes place or the service(s) begins, unless an emergency would require that the service be provided before the amendment is signed. In this case, the amendment must be agreed upon and signed as soon as possible. An amendment must be completed when there are substantive changes in the employment outcome, vocational rehabilitation services, or the service providers.
(C) That services will be provided in an integrated setting typically found in the community.
(D) This rule is designed to implement “Title IV of the Workforce Investment Act,” which contains the 1998 amendments to “The Rehabilitation Act of 1973,” and resulting regulations.
HISTORY: Eff 9-30-85; 4-4-88; 4-22-91; 3-12-93; 12-17-93; 10-1-96; 5-15-98; 9-14-98; 1-13-00; 6-20-02; 1-20-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3304.16(A)
Rule amplifies: RC 3304.16(K)(5)
RC 119.032 review dates: 4/14/03, 8/19/03, 1/20/09