California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE)
Article 5 - The Individualized Plan for Employment (IPE)
Section 7136.5 - Self-Employment; Development and Contents of the Individualized Plan for Employment (IPE)

Universal Citation: 9 CA Code of Regs 7136.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) An Individualized Plan for Employment (IPE) for an eligible individual who is interested in working in a self-employment setting shall be developed and implemented as soon as an appropriate employment outcome and the services necessary to assist the individual to achieve it are identified, in accordance with the requirements specified in Sections 7128-7131 of these regulations and with the requirements in this section.

(b) The employment outcome in an IPE for an eligible individual interested in working in a self-employment setting shall include:

(1) The occupation in which the individual seeks to be employed (e.g., cosmetologist, accountant, etc.); and

(2) A description of the proposed self-employment setting.

(c) As part of the IPE development, the eligible individual shall prepare, with the assistance of the Rehabilitation Counselor (RC), a summary of the proposed small business, as specified in Section 7136.8(a) of these regulations. This summary shall be used, together with other available information, to assess whether the proposed self-employment setting is appropriate, as specified in Section 7136.6 of these regulations, and to identify the nature and scope of vocational rehabilitation services to be provided to assist the individual to be employed in the self-employment setting. If more detailed information is required for these purposes, the individual may be required to prepare a Small Business Plan, as specified in Section 7136.8 of these regulations.

(d) The IPE shall identify the vocational rehabilitation services, consistent with Section 7149 of these regulations, to be provided to assist the eligible individual to achieve employment in the chosen occupation that is identified in the employment outcome.

(e) The IPE shall also include the following information regarding the proposed self-employment setting:

(1) If at the time the IPE is developed it can be determined, based on existing information and the summary of the proposed small business or Small Business Plan, as specified in 7136.8 of these regulations, that the self-employment setting is appropriate, as specified in Section 7136.6 of these regulations, the IPE shall identify the vocational rehabilitation services to be provided to assist the individual to achieve employment in the proposed self-employment setting, consistent with Section 7137 of these regulations.

(2) If at the time the IPE is developed additional information is required to assess whether the proposed self-employment setting is appropriate, as specified in Section 7136.6 of these regulations, the IPE shall identify the additional assessment activities and services that will be provided to obtain such additional information.

(3) If it is determined after the IPE is developed, based on additional information and/or assessment(s), that the self-employment setting is appropriate, as specified in Section 7136.6 of these regulations, the IPE shall be amended to identify the vocational rehabilitation services to be provided to assist the individual to achieve employment in the proposed self-employment setting, consistent with Section 7137 of these regulations.

(f) When it has been determined, during or after development of the IPE, that the proposed self-employment setting is appropriate, as specified in Section 7136.6 of these regulations, the IPE shall identify, or shall be amended to identify, the following information regarding the self-employment setting:

(1) Any one-time, initial costs of establishing the proposed small business in which the individual will be self-employed to be provided by the Department, consistent with Section 7137 of these regulations;

(2) The responsibilities of the individual to actively participate in applying for and obtaining any additional resources that are necessary to establish and operate the business, consistent with Section 7136.9 of these regulations, and to obtain such resources prior to the Department's provision or expenditure of vocational rehabilitation funds or services to assist the individual to achieve employment in the self-employment setting;

(3) The estimated date upon which the individual is to begin working in the self-employment setting and operating the small business;

(4) The methods to be used in monitoring the business to determine whether the individual is able to maintain employment in the self-employment setting, and the criteria that will be used to evaluate the individual's progress, including but not limited to regular meetings with the RC, preparation of monthly income and expense reports by the individual, review of such reports by the RC or a Small Business Consultant, and comparison of such reports with the projected income and expenses contained in the summary of the proposed small business or the Small Business Plan, as specified in Section 7136.8 of these regulations; and

(5) The expected need for post-employment services, consistent with Section 7021.5 of these regulations, if any, subject to comparable services and benefits and financial participation of the eligible individual, including any income produced by the small business.

(g) If it is determined during or after development of an eligible individual's IPE with a proposed self-employment setting, based upon additional information and/or assessment(s), that the self-employment setting is not appropriate, as specified in Section 7136.6 of these regulations, the RC and the individual shall discuss alternative employment settings, and the IPE shall be developed, or amended, consistent with informed choice, to include an alternative employment setting and to identify any vocational rehabilitation services to be provided to assist the individual to achieve employment in the individual's chosen occupation in the alternative setting.

1. New section filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
2. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 705(2)(B), 705(11), 720(a)(3)(C), 721(a)(9), 721(a)(19), 722(b), 722(d) and 723(a)(1); 34 CFR Sections 361.5(b)(6)(ii), 361.5(b)(10), 361.5(b)(15), 361.5(b)(16), 361.5(b)(42), 361.45, 361.46, 361.48, 361.50, 361.52, 361.53 and 361.54; and Sections 19011 and 19150(a)(1), Welfare and Institutions Code.

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