Virginia Law

A. General requirements.

1. For each individual determined to be eligible for vocational rehabilitation services or, if the department is operating under an order of selection in accordance with 22VAC30-20-90, for each eligible individual to whom the department is able to provide services, an individualized plan for employment meeting the requirements of this section shall be developed and implemented in a timely manner, not to exceed 90 days after the individuals eligibility determination date. This 90-day deadline for developing the individualized plan for employment may be extended if the department and the eligible individual agree to an extension of the deadline to a specific date by which the plan shall be developed.

2. The individualized plan for employment must be designed to achieve a specific employment outcome as defined in 22VAC30-20-10.

3. The department shall conduct an assessment for determining vocational rehabilitation needs, if appropriate, for each eligible individual, or if the department is operating under an order of selection, the department shall conduct an assessment for each eligible individual to whom the department is able to provide services. The purpose of this 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.

a. To the extent possible, the employment outcome and the nature and scope of rehabilitation services to be included in the individualized plan for employment shall be determined based on data from assessment of eligibility and priority of services under 22VAC30-20-30.

b. If additional data are necessary to determine the employment outcome and the nature and scope of services, the department shall 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, in the most integrated setting possible. In preparing the comprehensive assessment, the department shall use, to the maximum extent possible and appropriate and in accordance with confidentiality requirements, existing information that is current as of the date of the development of the individualized plan for employment. This includes information (i) available from other programs and providers, particularly information used by the education system and the Social Security Administration; (ii) provided by the individual and the individual's family; and (iii) obtained under the assessment for determining the individual's eligibility and vocational needs.

4. The individualized plan for employment shall be a written document prepared on forms provided by the department.

5. Vocational rehabilitation services shall be provided in accordance with the provisions of the individualized plan for employment. An eligible individual or, as appropriate, the individual's representative may develop all or part of the individualized plan for employment with or without assistance from the department or other entity. The individualized plan for employment shall be approved and signed by the qualified vocational rehabilitation counselor employed by the department and the individual or, as appropriate, the individual's representative. The department shall establish and implement standards for the prompt development of individualized plans for employment for the individuals identified in subdivision 1 of this subsection, including timelines that take into consideration the needs of the individual.

6. The department shall promptly provide each individual or, as appropriate, the individual's representative a written copy of the individualized plan for employment and its amendments in the native language or appropriate mode of communication of the individual or, as appropriate, the individual's representative.

7. The department shall advise in writing each individual or, as appropriate, the individual's representative of all department procedures and requirements affecting the development and review of an individualized plan for employment, including the availability of appropriate modes of communication.

8. The individualized plan for employment for a student with a disability must be developed in consideration of the student's individualized education program or services under § 504 of the Act, as applicable, and the plans, policies, and procedures and terms of interagency agreement with the state agency and education officials designed to facilitate the transition of students with disabilities from the receipt of educational services to the receipt of vocational rehabilitation services.

9. The department shall provide individuals entitled to benefits under Title II or Title XVI of the Social Security Act information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including benefits planning.

B. Individualized plan for employment review. The department shall review the plan with the individual or, as appropriate, the individual's representative as often as necessary, but at least once each year to assess the individual's progress in achieving the identified employment outcome. The plan may be amended as necessary if there are substantive changes in the employment outcome, the vocational rehabilitation services to be provided, or the providers of the vocational rehabilitation services. Amendments to the plan do not take effect until agreed to and signed by the individual or, as appropriate, the individual's representative and by a qualified vocational rehabilitation counselor employed by the department.