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

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

Each applicant or eligible individual 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 applicant or eligible individual to exercise informed choice.

(A) OOD shall provide services to an eligible individual only if they are listed on the IPE. The employment outcome and the nature and scope of rehabilitation services to be included in the eligible individual's individual plan for employment shall be determined following comprehensive assessment of the eligible individual'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 eligible individual to reach or maintain the employment outcome, or if an auxiliary service is provided, to permit the consumer to take part in those services. OOD shall provide services in the most integrated setting appropriate for the eligible individual's vocational needs. "Integrated setting" means a setting typically found in the community in which eligible individuals 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 individual, or if OOD is operating under an order of selection and an order of selection waiting list exists, in a timely manner after the eligible individual is assigned to a counselor for plan development from the order of selection waiting list. OOD shall provide an eligible individual or their representative, in writing, with information on the eligible individual's options for developing an IPE. The eligible individual, 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 OOD 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 eligible individual. The IPE shall be agreed upon and signed by the counselor and the eligible individual 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 the eligible individual (for eligible individuals in supported employment, a minimum, weekly work goal that maximizes their vocational potential at the time of transition to extended services);

(b) The specific VR services needed (including on-going support services for individuals 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 eligible individual 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 eligible individual's responsibilities in implementing the IPE, including the extent of participation in the cost of services; and

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

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

"Mode of communication" means specialized aids and supports that enable an individual 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 eligible individual (and as appropriate, his or her parent, guardian, or authorized representative) to assess the eligible individual'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 eligible individual 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 OOD or the eligible individual, 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: 3/26/2015
Five Year Review (FYR) Dates: 12/19/2014 and 03/26/2020
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 3304.15(C)(1)
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, 3/30/09