3304-2-56 Conditions for providing services; and the individualized plan for employment (IPE).

Each consumer shall receive those services and accommodations necessary to enable him/her to participate in assessment(s) and to receive other services such as vocational rehabilitation counseling and guidance and referral to other agencies and to enable the consumer to exercise informed choice.

(A) RSC shall provide services to an eligible consumer only if they are listed on the IPE, The employment outcome and the nature and scope of rehabilitation services to be included in the consumer's individual plan for employment shall be determined following comprehensive assessment of the consumer's unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice, including the need for supported employment services. Services on the IPE must be necessary to enable the consumer to reach or maintain the employment outcome;, or if an auxiliary service is provided, to permit the consumer to take part in those services. RSC shall provide services in the most integrated setting appropriate for the consumer's vocational needs. "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) An IPE shall be developed in a timely manner for each eligible consumer, or if RSC is operating under an order of selection and an order of selection waiting list exists, in a timely manner after the eligible consumer is assigned to a counselor for plan development from the order of selection waiting list. 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 agreed upon and signed by the counselor and the consumer and, as appropriate, his or her parent, guardian, or authorized representative.

(1) 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 to extended services);

(b) The specific VR services needed (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, a statement that services shall be provided in the most integrated settings appropriate, and 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, the basis for determining that extended services are available, and if the source is unknown, a statement as to 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 responsibilities in implementing the IPE, including the extent of participation in the cost of services; and

(i) A statement indicating consumer's rights, including the methods of appeal, and of the availability of the client assistance program.

(2) The IPE and amendmentsamendment to it shall be provided to the consumer and, as appropriate, the parent, guardian, or authorized representative, to the maximum extent possible, in the native language or mode of communication of the consumer, and the parent, guardian, or authorized representative as appropriate.

"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.

(3) 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 consumer's progress in achieving the identified employment outcome, and amended if necessary.

(4) The IPE shall be jointly amended 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, financial responsibility of RSC or the consumer, or the need for supported employment.

(C) 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.

Effective: 03/30/2009
R.C. 119.032 review dates: 12/15/2008 and 01/02/2014
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 3304.16(K)(5)
Prior Effective Dates: 9/30/1985, 4/4/1988, 4/22/1991, 3/12/1993, 12/17/1993, 10/1/1996, 6/20/2002, 1/20/2004