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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 3304-2-56 | The individualized plan for employment.

 

(A) OOD shall conduct assessment(s), when needed for determining vocational rehabilitation needs for each eligible individual. If OOD is operating under an order of selection, assessment(s) shall determine the individual's priority category and identify those who will be served based on that priority. The assessment(s) shall be in accordance with 34 CFR 361.5(c)(5)(ii), in effect on the effective date of this rule. The purpose of any assessment shall be to determine the employment outcome and the nature and scope of the vocational rehabilitation services and training to be included in the individualized plan for employment (IPE).

OOD shall provide auxiliary services and accommodations necessary to support the individual's participation in assessment(s) and the vocational guidance and counseling process to develop the IPE, in accordance with 34 CFR 361.45, in effect on the effective date of this rule. To the extent possible, determinations about the employment outcome and services shall rely on existing information and assessments will only be conducted as necessary.

(B) OOD shall assist each eligible individual in exercising informed choice during the development of the IPE, identifying a mutually agreed upon employment outcome along with necessary services and training in accordance with 34 CFR 361.48, in effect on the effective date of this rule. Informed choice shall empower the eligible individual, to the extent possible, based on their ability, to select their employment goal, identify necessary services, and choose providers who will support them, including whether services are delivered in-person or remotely, individually or in a group, based on preferences and needs, consistent with 34 CFR 361.52.

(C) Through counseling and guidance, OOD shall offer the participant options for developing the IPE. These options may include developing the plan in collaboration with OOD, independently, or with support from others. The IPE shall be developed as soon as possible, but no later than ninety days after the date of eligibility determination or, if OOD is under an order of selection, within ninety days of release from the waitlist. If the IPE cannot be developed within a ninety-day timeframe due to reasons outside the control of OOD, a time extension must be mutually agreed upon and shall be documented, including the reason for the extension and the agreed-upon completion date.

(1) The IPE shall include content in accordance with 34 CFR 361.46, in effect on the effective date of this rule.

(2) The IPE is not a contract. It is a written agreement that guides the delivery of vocational rehabilitation services, based on the progress the individual is making.

(3) After the IPE is developed, or if disagreements arise during its implementation, OOD shall provide the participant with information, in writing and in an accessible format, about their right to appeal disputes regarding the IPE including the employment outcome and services.

(4) The IPE shall not provide services or products that violate federal or state law and regulations, or OOD policies and procedures. OOD may suspend services and products that violate this paragraph until the IPE is amended.

(D) An OOD vocational rehabilitation counselor and the eligible individual, and legal guardian, parent, or authorized representative, as applicable, shall review the IPE annually to assess the eligible individual's progress in achieving the identified employment outcome. The review shall include consideration of whether the employment outcome, services, and providers remain appropriate.

(E) IPE amendments shall be completed whenever there is a substantive change to the employment outcome, services, providers, or financial responsibilities of OOD or the individual. The eligible individual, and legal guardian, parent or authorized representative, as applicable, may amend the IPE in collaboration with OOD as appropriate. Amendments to the IPE do not take effect until mutually agreed upon and signed by the eligible individual, and legal guardian, parent or authorized representative, and by a qualified vocational rehabilitation counselor employed by OOD. OOD may determine, at its discretion, and with the individual's consent, that an emergency requires a service to be provided before the IPE amendment is signed. The IPE amendment must be signed as soon as the emergency ends. In addition to emergencies, other substantive changes may be provided prior to a signed IPE amendment as outlined in OOD's policies and procedures. The signed amendment must be completed in accordance with OOD's policies and procedures.

(F) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Last updated July 6, 2026 at 9:18 AM

Supplemental Information

Authorized By: 3304.16
Amplifies: 3304.15(C)(1)
Five Year Review Date: 7/2/2031
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, 3/30/2009, 3/26/2015, 4/19/2021