Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
following mandatory procedures shall be used to develop an Individualized Plan for
Employment (IPE).
(1) The IPE shall be a written
document prepared on the form DR 215 (Rev. 03/04) provided by the
Department.
(2) The IPE shall be
developed and implemented in a manner that gives eligible individuals the
opportunity to exercise informed choice consistent with 7029.6 of these regulations,
in selecting--
(A) The employment outcome,
including the employment setting;
(B)
The specific vocational rehabilitation services needed to achieve the employment
outcome, including the settings in which services will be provided;
(C) The entity or entities that will provide the
vocational rehabilitation services; and
(D) The methods available for procuring the
services, consistent with applicable State procurement laws and regulations and
federal policy directives issued by the U.S. Department of Education, Office of
Special Education and Rehabilitative Services (OSERS), Rehabilitation Services
Administration.
(3) The IPE
must be--
(A) Agreed to and signed by the eligible
individual or, as appropriate, the individual's representative; and
(B) Approved, signed, and dated by a
Rehabilitation Counselor employed by the Department after determining that the
employment outcome, the specific vocational rehabilitation services needed to
achieve the employment outcome, the employment setting and settings in which
services will be provided, the entities that will provide the services, and the
methods available for procuring the services are appropriate and necessary in
consideration of:
(i.) The individual's unique
strengths, resources, priorities, concerns, abilities, capabilities, interests, and
informed choice; and
(ii.) The scope of
applicable laws and regulations specified in Section
7029.6(c) of these
regulations.
(4) A
copy of the IPE and a copy of any amendments to the IPE shall be provided to the
eligible individual or, as appropriate, to the individual's representative, in
writing and, if appropriate, in the native language or mode of communication of the
individual or, as appropriate, the individual's representative.
(5) The IPE shall be reviewed at least annually in
accordance with Section
7133 of these regulations by a qualified
vocational rehabilitation counselor and the eligible individual or, as appropriate,
the individual's representative to assess the eligible individual's progress in
achieving the identified employment outcome.
(6) The IPE may be amended, as necessary, by the
individual or, as appropriate, the individual's representative, in collaboration
with a representative of the Department or a qualified vocational rehabilitation
counselor (to the extent determined to be appropriate by the individual), if there
are substantive changes in the employment outcome, the vocational rehabilitation
services to be provided, or the providers of the vocational rehabilitation
services.
(7) Amendments to the IPE do
not take effect until agreed to and signed by the eligible individual or, as
appropriate, the individual's representative and by a Rehabilitation Counselor
employed by the Department. Before approving and signing any amendment to the IPE,
the Rehabilitation Counselor shall review the amendment consistent with applicable
requirements established in (a)(3)(B)1. of this section.
(8) The IPE shall be amended, as necessary, to
include the post-employment services and service providers that are necessary for
the individual to maintain, advance in or regain employment, consistent with the
individual's unique strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.
1. New section
filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10). For prior history, see
Register 91, No. 15.
2. Amendment of subsection (a)(3)(B), repealer of
subsection (a)(3)(B)1., redesignation and amendment of former subsections
(a)(3)(B)1.a.-b. as subsections (a)(3)(B)(i.)-(ii.), new subsection (a)(8) and
amendment of NOTE filed 2-17-2023; operative 2-17-2023 pursuant to Government Code
section
11343.4(b)(3)
(Register 2023, No. 7).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
29 USC Sections
705,
720,
721 and
722;
34 CFR Sections
361.45 and
361.50; and Sections
19005,
19011,
19012 and
19013.5, Welfare and Institutions
Code.
