(A) OOD shall conduct an assessment for determining the vocational rehabilitation needs, if appropriate, for each eligible individual, or, if OOD is operating under an order of selection, for each eligible individual to whom OOD is able to provide vocational rehabilitation services. The assessment(s) shall be conducted consistent 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 services and accommodations necessary to enable the individual to participate in assessment(s) and/or vocational guidance and counseling necessary to develop the IPE consistent with 34 CFR 361.45, in effect on the effective date of this rule.
(B) OOD shall assist each eligible individual in exercising informed choice in the development of the IPE, identifying necessary services and training consistent with 34 CFR 361.48, in effect on the effective date of this rule, and choosing an employment outcome that is mutually agreed on between OOD and the eligible individual.
(C) The IPE shall be developed as soon as possible, but not later than ninety days after the date of an eligibility determination, unless OOD and the eligible individual agree to extend that deadline to a specific date by which the IPE must be completed. If OOD is operating under an order of selection, the IPE shall be developed no later than ninety days after the individual is released from the wait list.
(1) The IPE shall include content consistent with 34 CFR 361.46, in effect on the effective date of this rule.
(2) The IPE is not a contract or in any way binding on the parties.
(3) The IPE shall not provide for 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 eligibile individual's progress in achieving the identified employment outcome.
(E) 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 agreed to and signed by the eligible individual or, individual's representative, as appropriate, and by a qualified vocational rehabilitation counselor employed by OOD. OOD may determine in 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 if a service is provided during an emergency.
(F) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.
Last updated April 19, 2021 at 9:34 AM