Virginia Law

A. General requirements.

1. As described in 22VAC45-51-50, DBVI shall conduct an assessment for determining vocational rehabilitation needs, if appropriate, for each eligible individual, or if DBVI is operating under an order of selection, for each eligible individual to whom DBVI is able to provide vocational rehabilitation services. The purpose of the assessment is to determine the employment outcome and the nature and scope of vocational rehabilitation services to be included in the individualized plan for employment.

2. The IPE shall be developed and implemented within 90 days for each individual determined eligible for vocational rehabilitation services, or if DBVI is operating under an order of selection, for each eligible individual to whom DBVI is able to provide vocational rehabilitation services. DBVI shall take into consideration the needs of the individual and if an IPE cannot be developed within 90 days because a vocational goal cannot yet be established, DBVI and the individual shall agree upon an extension.

3. Vocational rehabilitation services shall be provided in accordance with the provisions of the IPE.

4. The IPE shall:

a. Be designed to achieve the specific employment outcome selected by the individual consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and

b. To the maximum extent appropriate, result in employment in an integrated setting.

B. Required information. DBVI shall provide 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, including:

1. 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 DBVI or other entity; or

b. With assistance from:

(1) A DBVI vocational rehabilitation counselor;

(2) A vocational rehabilitation counselor who is not employed by DBVI; and

(3) Resources other than those in subdivisions 1 b (1) and 1 b (2) of this subsection;

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 shall be included in an IPE;

b. As appropriate to each eligible individual:

(1) An explanation of DBVI guidelines and criteria for determining an eligible individual's financial commitments under an IPE;

(2) Information on the availability of assistance in completing DBVI forms required as a part of the IPE; and

(3) Additional information that the eligible individual requests or DBVI determines to be necessary to the development of the IPE.

c. A description of the rights and remedies available to the individual including recourse to the processes for review of DBVI determinations described in 22VAC45-51-140; and

d. A description of availability of the client assistance program within the disAbility Law Center of Virginia and information on how to contact that office.

C. IPE requirements:

1. The IPE shall be a written document prepared on forms provided by DBVI.

2. The IPE shall be developed and implemented in a manner that gives individuals the opportunity to exercise informed choice in selecting:

a. The employment outcome, including the employment setting;

b. The specific vocational rehabilitation services to achieve the employment outcome, including the settings in which vocational rehabilitation services will be provided;

c. The entity or entities that will provide the vocational rehabilitation services; and

d. The methods available for procuring the vocational rehabilitation services.

3. The IPE shall be:

a. Agreed to and signed by the eligible individual or, as appropriate, the individual's representative; and

b. Approved and signed by a DBVI vocational rehabilitation counselor.

4. DBVI shall provide a copy of the IPE and a copy of amendments to the IPE 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 by a DBVI 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 shall be amended, as necessary, by the individual or, as appropriate, the individual's representative, in collaboration with a DBVI 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 shall not take effect until agreed to and signed by the individual or, as appropriate, the individual's representative and by a DBVI vocational rehabilitation counselor.

8. The IPE for a student with a disability who is receiving special education services shall be developed:

a. In consideration of the student's individualized education plan; and

b. In accordance with the plans, policies, procedures, and terms of the interagency agreement between DBVI and the Virginia Department of Education designed to facilitate the transition of students who are blind or vision impaired from school to the receipt of vocational rehabilitation services.

9. Content of the IPE. Each IPE shall include:

a. A description of the specific employment outcome chosen by the eligible individual that is:

(1) Consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice; and

(2) To the maximum extent appropriate, results in employment in an integrated setting.

b. A description of the specific vocational rehabilitation services under 22VAC45-51-70 that are:

(1) Needed to achieve the employment outcome, including, as appropriate, the provision of assistive technology devices, assistive technology services, and personal assistance services, including training and management of those services; and

(2) Provided in the most integrated setting that is appropriate for the vocational rehabilitation services involved and is consistent with the informed choice of the eligible individual.

c. Timelines for the achievement of the employment outcome and for the initiation of vocational rehabilitation services.

d. A description of the entity or entities chosen by the eligible individual or, as appropriate, the individual's representative that shall provide the vocational rehabilitation services and the methods used to procure those vocational rehabilitation services.

e. A description of the criteria used to evaluate progress toward achievement of the employment outcome.

f. The terms and conditions of the IPE, including, as appropriate, information describing:

(1) The responsibilities of DBVI;

(2) The responsibilities of the eligible individual, including:

(a) The responsibilities the individual shall assume in relation to achieving the employment outcome;

(b) If applicable, the extent of the individual's participation in paying for the cost of vocational rehabilitation services; and

(c) The responsibility of the individual with regard to applying for and securing comparable services and benefits as defined in 22VAC45-51-10; and

(3) The services received by the individual from other comparable services and benefits as defined in 22VAC45-51-10.

10. Post-employment services. The IPE for each individual shall contain, as determined to be necessary, statements concerning:

a. The expected need for post-employment services prior to closing the record of vocational rehabilitation services of an individual who has achieved an employment outcome;

b. A description of the terms and conditions for the provision of any post-employment service; and

c. If appropriate, a statement of how post-employment services shall be provided or arranged through other comparable services and benefits as defined in 22VAC45-51-10.