12-152-1 Me. Code R. § 7

Current through 2022-18, May 4, 2022
Section 152-1-7 - INDIVIDUALIZED PLAN FOR EMPLOYMENT
1. An Individualized Plan for Employment (IPE)

The IPE shall be agreed upon, and signed by the individual with a disability, and, as appropriate, a parent, family member, guardian, advocate or authorized representative and the DVR Counselor within a counseling and guidance relationship. The IPE shall be designed to achieve an employment outcome of the individual, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, career interests and informed choice of the individual. The case record must support the selection of the vocational goal. Counselors shall provide a copy of the IPE, and any amendments, to the eligible individual. VR goods and services may only be provided in accordance with the IPE. The IPE is not a legal contract between Maine DVR and the eligible individual. Individuals will receive written notification of appeals rights, including the name and address of the person with whom an appeal may be filed, and the availability of the Client Assistance Program during IPE development, and whenever VR services are denied, reduced, suspended or terminated.

2. Standards for Development and Review of the IPE

The IPE will be developed within 90 days after the eligibility determination, unless the DVR Counselor and the eligible individual agree to the extension of that deadline to a specific date by which the individualized plan for employment must be completed . If there is a waiting list, the IPE will be developed within 90 days from the date the individual comes off the waiting list. The IPE will be reviewed at least annually by a qualified vocational rehabilitation counselor and the eligible individual, or as appropriate, the individual's representative to assess the individual's progress in achieving the identified employment outcome.

3. Options for Developing an Individualized Plan for Employment

The eligible individual, or the individual's representative, will be provided information on the individual's options for developing an Individualized Plan for Employment. Maine DVR will not pay for an agency, or a representative, to develop an IPE. The options for developing all or part of the Individualized Plan for Employment include the following:

A. with assistance from a DVR vocational rehabilitation counselor, to the extent determined to be appropriate by the individual;
B. with technical assistance from the DVR Program, or other representatives selected by the individual; or
C. the individual alone without assistance.
4. Required Components of an Individualized Plan for Employment

Regardless of the approach selected by an individual to develop an IPE, the IPE shall include the following:

A. specific vocational goal, which must be based on the assessment for determining vocational rehabilitation needs, including the individual's career interests, and must be in an integrated setting; or in the case of students and youth with disabilities; a projected vocational goal that will be amended following career exploration activities;
B. a description of the specific vocational rehabilitation services that are:
(1) needed to achieve the vocational goal, including, as appropriate, the provision of assistive technology services, and personal assistance services, including training in the management of such services; and
(2) provided in the most integrated setting that is appropriate for the service 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 the services;
D. A description of the entity chosen by the individual, or as appropriate, the individual's representative that will provide the vocational rehabilitation services, and the methods used to procure such services;
E. description of the criteria to evaluate the progress towards achievement of the employment outcome;
F. The terms and conditions of the IPE, including, as appropriate, information describing:
(1) the responsibilities of DVR;
(2) the responsibilities that the eligible individual will assume in relation to the vocational goal;
(3) the responsibility of the individual with regard to applying for and securing comparable benefits.
G. For individuals for whom an employment outcome in a supported-employment setting has been determined to be appropriate, information identifying:
(1) the extended services needed by the eligible individual after closure;
(2) the source of extended services, or to the extent that the source of extended services cannot be identified at the time of the development of the IPE, a description of the basis for concluding that there is a reasonable expectation that such source will become available
H. As determined to be necessary, a statement of projected need for post-employment services;
I. An assurance that the eligible individual has been informed of his/her rights and the means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for a review of the rehabilitation determination, as described in Section 3, Maine DVR Appeals Process; and assurance that the eligible individual has been provided a detailed explanation of the availability of the resources within a Client Assistance Program.

12-152 C.M.R. ch. 1, § 7