(a) The division shall ensure that an
individualized plan for employment (IPE) meeting the requirements of this
section and section 17-401.1-11 is developed and implemented in a timely manner
for each individual determined to be eligible for VR services or, if the
division is operating under an order of selection in accordance with section
17-401.1-5, for each eligible individual to whom the division is able to
provide services, and that services are provided in accordance with the
provisions of the IPE.
(b) The
division must conduct an assessment for determining VR needs, if appropriate,
for each eligible individual or, if the division is operating under an order of
selection, for each eligible individual to whom the division is able to provide
services.
(1) The purpose of this assessment
is to determine the employment outcome, and the nature and scope of VR services
to be included in the IPE.
(2) To
the extent possible, the employment outcome and the nature and scope of
rehabilitation services to be included in the individual's IPE must be
determined based on the data used for the assessment of eligibility and
priority for services under section 17-401.1-7.
(3) To the extent additional data are
necessary to make a determination of the employment outcome and the nature and
scope of VR services to be included in the IPE of an eligible individual, the
division must conduct a comprehensive assessment of the unique strengths,
resources, priorities, concerns, abilities, capabilities, interests, and
informed choice, including the need for supported employment services, of the
eligible individual. This comprehensive assessment:
(A) Is limited to information that is
necessary to identify the rehabilitation needs of the individual and to develop
the IPE of the eligible individual;
(B) Uses as a primary source of information
to the maximum extent possible and appropriate and in accordance with
confidentiality requirements:
(i) Existing
information obtained for the purposes of determining the eligibility of the
individual and assigning the priority for an order of selection described in
section 17-401.1-5 for the individual; and
(ii) Information that can be provided by the
individual and, if appropriate, by the family of the individual;
(C) May include, to the degree
needed to make such a determination, an assessment of the personality,
interests, interpersonal skills, intelligence and related functional
capacities, educational achievements, work experience, vocational aptitudes,
personal and social adjustments, and employment opportunities of the individual
and the medical, psychiatric, psychological, and other pertinent vocational,
educational, cultural, social, recreational, and environmental factors that
affect the employment and rehabilitation needs of the individual; and
(D) May include, to the degree needed, an
appraisal of the patterns of work behavior of the individual and services
needed for the individual to acquire occupational skills and to develop work
attitudes, work habits, work tolerance, and social and behavior patterns
necessary for successful job performance, including the use of work in real job
situations to assess and develop the capacities of the individual to perform
adequately in a work environment.
(c) The IPE must be designed to achieve a
specific employment outcome as defined in section 17-401.1-2, that is selected
by the individual consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed
choice.
(d) The division must
provide the following information to each eligible individual or, as
appropriate, the individual's representative, in writing and, if appropriate,
in the native language or mode of communication of the individual or the
individual's representative:
(1) Information
on the available options for developing the IPE, including the option that an
eligible individual or, as appropriate, the individual's representative may
develop all or part of the IPE:
(A) Without
assistance from the division or other entity; or
(B) With assistance from:
(i) A qualified vocational rehabilitation
counselor employed by the division;
(ii) A qualified vocational rehabilitation
counselor who is not employed by the division; or
(iii) Resources other than those in (i) or
(ii) ;
(2)
Additional information to assist the eligible individual or, as appropriate,
the individual's representative in developing the IPE, including:
(A) Information describing the full range of
components that must be included in an IPE;
(B) As appropriate to each eligible
individual:
(i) An explanation of agency
guidelines and criteria for determining an eligible individual's financial
commitments under an IPE;
(ii)
Information on the availability of assistance in completing division forms
required as part of the IPE; and
(iii) Additional information that the
eligible individual requests or the division determines to be necessary to the
development of the IPE;
(3) A description of the rights and remedies
available to the individual, including, if appropriate, recourse to the
processes described in section 17-400.1-5; and
(4) A description of the availability of the
Client Assistance Program of the Hawaii Disability Rights Center and
information on how to contact them.
(e) The division must ensure that:
(1) The IPE is a written document prepared on
forms provided by the division;
(2)
The IPE is developed and implemented in a manner that gives eligible
individuals the opportunity to exercise informed choice, consistent with
section 17-401.1-12 in selecting:
(A) The
employment outcome, including the employment setting;
(B) The specific VR 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 VR services; and
(D) The methods available for procuring the
services;
(3) The IPE
is:
(A) Agreed to and signed by the eligible
individual or, as appropriate, the individual's representative; and
(B) Approved and signed by a qualified VR
counselor employed by the division;
(4) A copy of the IPE and a copy of any
amendments to the IPE are 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 is reviewed at least annually by
a qualified VR 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 is amended, as necessary, by the
individual or, as appropriate, the individual's representative, in
collaboration with a representative of the division or a qualified VR counselor
(to the extent determined to be appropriate by the individual), if there are
substantive changes in the employment outcome, the VR services to be provided,
or the providers of VR 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 qualified VR counselor employed by the
division; and
(8) An IPE for a
student with a disability receiving special education services is developed:
(A) In consideration of the student's IEP
(individualized education program); and
(B) In accordance with the plans, policies,
procedures, and terms of the interagency agreement required under section
17-400.1-13(a)(2).
(f) The division must establish and implement
standards for the prompt development of IPEs for the individuals identified
under subsection (a), including timelines that take into consideration the
needs of the individuals.
(g) A
copy of the IPE and any amendments must be included in the division's record of
services for the individual.
(h)
Assessment services for determining VR needs are exempt from the comparable
services and benefits provisions of section 17-401.1-13 and personal resources
provisions of section 17-401.1-14.
