Section 856.52 - Individualized Plan for Employment(a) The Vocational Rehabilitation Division (VRD) initiates and continuously develops an individualized plan for employment (IPE) for each individual eligible for vocational rehabilitation (VR) services and for each individual being provided such services in trial work. All IPEs must be written using the form prescribed by VRD for this purpose.(b) VRD advises the customer or, the customer's parent, guardian, or other representative, as appropriate, of the customer's options and all VRD procedures and requirements affecting the development and review of an IPE, including the availability of special modes of communication.(c) The VR counselor and customer or, as appropriate, the customer's parent, guardian, or other representative, uses information obtained during the assessment to help the customer make informed choices about VR needs, employment outcome, intermediate rehabilitation objectives, and the nature and scope of VR services and the service providers to be included in the IPE.(d) The VR counselor must provide the customer or, as appropriate, the customer's representative, with a copy of the IPE and its amendments, in the mode of communication specified by the customer or representative.(e) All substantive revisions necessary to reflect changes in the customer's employment outcome, specific VR services, service providers, and the methods used to procure services must be incorporated into the customer's IPE.(f) The customer may develop all or part of the IPE with assistance from the VR counselor, a qualified vocational rehabilitation counselor not employed by VRD, or another resource outside VRD. VRD does not pay for non-VRD assistance with IPE development. The IPE is not final until approved by the VR counselor. A copy of the plan and any amendments are provided to the customer or the customer's parent, guardian, or other representative, as appropriate.(g) The data used to prepare the IPE must include the information necessary to satisfy federal requirements and to adequately document the customer's plan of services. Regardless of the approach selected by the customer to develop the IPE, the IPE must, at a minimum, contain the following mandatory components: (1) a description of the customer's specific employment outcome;(2) a description of the specific VR services that are needed to achieve the employment outcome, including, as appropriate, the provision of assistive technology devices and assistive technology services; personal assistance services, including training in the management of those services; and timelines for initiating the services and for achieving the employment outcome;(3) a description of the entity chosen by the customer or, as appropriate, the customer's representative, that will provide the VR services, and the methods used to procure the services;(4) a description of criteria to evaluate progress toward achievement of the employment outcome;(5) the terms and conditions of the IPE, including, as appropriate, information describing: (A) VRD responsibilities; and(B) customer responsibilities, including: (i) the customer's responsibilities related to his or her employment outcome;(ii) if applicable, the customer's participation in paying for the costs of the plan;(iii) the customer's responsibility to apply for and secure comparable benefits; and(iv) the responsibilities of other entities resulting from arrangements made under comparable services or benefits;(6) for a customer with the most significant disabilities for whom an employment outcome in a supported employment setting has been determined to be appropriate, information identifying: (A) the extended services that the customer needs; and(B) the source of extended services or, if the source of the extended services cannot be identified at the time that the IPE is developed, a description of the basis for a reasonable expectation that a source will become available; and(7) as determined to be necessary, a statement of projected need for post-employment services.(h) In developing an IPE for a student with a disability who is receiving special education services, VRD must consider the student's individualized education program.(i) The VR counselor must advise the customer of the customer's rights and the means by which the customer may express and seek remedy for dissatisfaction with the plan, including the opportunity for an administrative review of VRD action and a fair hearing in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001, and the rules in Chapter 850 of this title (relating to Vocational Rehabilitation Services Administrative Rules and Procedures).(j) The VR counselor reviews the IPE as often as necessary, but on at least an annual basis, at which time the customer or the customer's parent, guardian, or other representative, as appropriate, is afforded an opportunity to review the plan and, if necessary, jointly redevelop its terms.(k) The IPE is a joint commitment that must be signed by both the VR counselor and the customer. (l) VRD may provide only goods and services that are reasonable and necessary to achieve the employment outcome identified in the customer's IPE.(m) VRD provides services in the most integrated setting that is appropriate for the services involved and is consistent with the informed choice of the eligible individual.(n) Before suspending, reducing, or terminating any planned service in the IPE, VRD shall provide notification of intent to the customer.(o) VRD must suspend, reduce, or terminate the customer's planned services no sooner than 10 working days after notice has been provided to the customer.40 Tex. Admin. Code § 856.52
The provisions of this §856.52 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773 ; Amended by Texas Register, Volume 42, Number 44, November 3, 2017, TexReg 6198, eff. 11/8/2017; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8742, eff. 12/26/2022