110.1 The Rehabilitation Services Administration shall ensure that an Individualized Plan for Employment (IPE) meeting the requirements of this section and section 111 is developed and implemented in a timely manner for each person determined to be eligible for vocational rehabilitation services. If the District is operating under an Order of Selection, pursuant to section 126 of this chapter, the Rehabilitation Services Administration shall ensure that an IPE is developed for each eligible person to whom the agency is able to provide services in accordance with its Order of Selection Policy.

110.2 The Rehabilitation Services Administration shall ensure that services will be provided in accordance with the provisions of the IPE.

110.3 The Rehabilitation Services Administration shall conduct a comprehensive assessment:

(a) To determine the employment outcome and the nature and scope of vocational rehabilitation services to be included in the IPE; and

(b) To ensure that the IPE is designed to achieve a specific employment outcome, as defined in section 199, that is selected by the person consistent with the person's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

110.4 The Rehabilitation Services Administration shall provide the following information to each eligible person or, as appropriate, the person's representative, in writing and, if appropriate, in the native language or mode of communication of the person or the person's representative:

(a) Information on the available options for developing the IPE, including the option that an eligible person or, as appropriate, the person's representative may develop all or part of the IPE:

(1) Without assistance from the Rehabilitation Services Administration or other entity; or

(2) With assistance from:

(A) A qualified vocational rehabilitation counselor employed by the Rehabilitation Services Administration;

(B) A qualified vocational rehabilitation counselor who is not employed by the Rehabilitation Services Administration;

1. (C) A disability advocacy organization; or
2. (D) Resources other than those in subsection (A) through (C) of this section;- (b) Additional information to assist the eligible person or, as appropriate, the person's representative in developing the IPE, including:
3. (1) Information describing the full range of components that shall be included in an IPE;
4. (2) Information that is appropriate to each eligible person, such as:
   1. (A) An explanation of the agency guidelines and criteria for determining an eligible person's financial commitments under an IPE;
   2. (B) Information on the availability of assistance in completing the Rehabilitation Services Administration forms required as part of the IPE; and
   3. (C) Additional information that the eligible person requests or the Rehabilitation Services Administration determines to be necessary to the development of the IPE;
5. (3) A description of the rights and remedies available to the person, including, if appropriate, recourse based on the processes described in sections 135 through 139, 145, and 149; and
6. (4) A description of the availability of the District's Client Assistance Program and information on how to contact the Client Assistance Program.
7. (c) For persons entitled to benefits under Title II or XVI of the Social Security Act on the basis of a disability or blindness, the Rehabilitation Services Administration shall provide to the person general information on additional supports and assistance for persons with disabilities desiring to enter the workforce, including assistance with benefits planning.

110.5 The Rehabilitation Services Administration shall ensure that:

(a) The IPE is a written document prepared on forms provided by the Rehabilitation Services Administration;

1. (b) The IPE is developed and implemented in a manner that gives eligible persons the opportunity to exercise informed choice in selecting:
2. (1) The employment outcome, including the employment setting;
3. (2) The specific vocational rehabilitation services needed to achieve the employment outcome, including the settings in which services will be provided;
4. (3) The entity or entities that will provide the vocational rehabilitation services; and
5. (4) The methods available for procuring the services;
6. (c) Prior to the start of services, the IPE and any amendments are:
7. (1) Agreed to and signed by the eligible person or, as appropriate, the person's representative; and
8. (2) Approved and signed by a qualified vocational rehabilitation counselor employed by the Rehabilitation Services Administration;
9. (d) A copy of the IPE and a copy of any amendments to the IPE are provided to the eligible person or, as appropriate, to the person's representative, in writing and, if appropriate, in the native language or mode of communication of the person or, as appropriate, the person's representative;
10. (e) The IPE is reviewed at least annually by a qualified vocational rehabilitation counselor and the eligible person or, as appropriate, the person's representative, to assess the eligible person's progress in achieving the identified employment outcome. The annual review shall be documented in the person's record;
11. (f) The IPE is amended, as necessary, by the person or, as appropriate, the person's representative, in collaboration with a representative of the Rehabilitation Services Administration or a qualified vocational rehabilitation counselor employed by the Rehabilitation Services Administration (to the extent determined to be appropriate by the person), if there are substantive changes in the employment outcome, the vocational rehabilitation services to be provided, or the providers of the vocational rehabilitation services;

(g) The person is informed that amendments to the IPE do not take effect until agreed to and signed by the eligible person or, as appropriate, the person's representative, and by a qualified vocational rehabilitation counselor employed by the Rehabilitation Services Administration; and

(h) An IPE for a student with a disability receiving special education services is developed:

(1) In consideration of the student's transition plan, located in the student's Individualized Education Program (IEP), or 504 Plan services, as applicable; and

(2) In accordance with the plans, policies, procedures, and terms of the interagency agreement required under 34 C.F.R. § 361.22.

110.6 The Rehabilitation Services Administration shall develop an IPE for a person determined to be eligible for vocational rehabilitation services as soon as possible, but not later than ninety (90) days after the date of determination of eligibility, unless the Rehabilitation Services Administration and the eligible person agree to the extension of that deadline to a specific date by which the IPE must be completed.

110.7 To the extent possible, the employment outcome and the nature and scope of rehabilitation services to be included in the person's IPE shall be determined based on the data used for the assessment of eligibility under section 103.

110.8 In determining the employment outcome and the nature and scope of services to be included in the IPE of an eligible person, the Rehabilitation Services Administration 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 person, in the most integrated setting possible, consistent with the informed choice of the person.

110.9 In preparing the comprehensive needs assessment in accordance with subsection 110.3, the Rehabilitation Services Administration 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 IPE, including:

(a) Information available from other programs and providers, particularly information used by education officials and the Social Security Administration;

(b) Information provided by the person and the person’s family; and

(c) Information obtained under the assessment for determining the person’s eligibility and vocational rehabilitation needs.

SOURCE: Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 68 DCR 012929 (December 10, 2021).