Tenn. Comp. R. & Regs. 1240-08-04-.03

Current through June 26, 2024
Section 1240-08-04-.03 - INDIVIDUALIZED PLAN FOR EMPLOYMENT
(1) An Individualized Plan for Employment (IPE) is initiated for each eligible individual in an open priority category in a timely manner, but not later than 90 days after the date of determination of eligibility, unless VR and the eligible individual agree to the extension of that deadline to a specific date by which the IPE must be completed. VR services are provided in accordance with the approved IPE.
(2) The IPE is developed by the eligible individual or, as appropriate, the individual's representative, with assistance available, to the extent determined appropriate by the eligible individual, from the VR Counselor or through other technical assistance. A copy of the IPE will be provided to each individual, or, as appropriate, to the individual's representative.
(3) The IPE must be designed to achieve a specific employment outcome that is selected by the individual that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, and that will result in competitive integrated employment. It is presumed that individuals with disabilities determined eligible for VR services are capable of working in competitive integrated employment until proven otherwise.
(4) IPE development includes determining the extent of an individual's participation in the cost of services that require such participation in accordance with Rule 1240-08-05-.02.
(5) For eligible students with disabilities, the IPE will include coordination with the goals, objectives and pre-employment transition services identified by the IDEA program determined necessary to contribute towards a projected post-school employment outcome and may be amended subsequently as necessary for services and an employment objective that will lead to competitive integrated employment. A student's IPE must be developed, signed, and approved before the student exits the school system.
(6) An employment outcome must meet the requirements for competitive integrated employment and be consistent with the customer's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice and where the customer is compensated at or above the minimum wage and that the individual's wage and level of benefits are not less than that customarily paid by the employer for the same or similar work performed by non-disabled individuals and services must have been provided under an IPE that contributed to the achievement of the employment outcome. An individual must maintain employment for ninety (90) days for a successful employment outcome and case closure in accordance with Rule 1240-08-04-.06.
(7) An individual is responsible for following the terms identified in the IPE Participant Responsibilities.
(8) The IPE must be reviewed annually to assess an individual's progress in achieving the identified employment outcome and may be amended when a change in services or service providers is warranted and approved by VR.
(9) An individual may choose to not pursue competitive integrated employment. VR must provide an individual referral to community resources that may include extended (sheltered) employment where appropriate rehabilitation services may be provided by an entity other than VR. VR will close the case in accordance with Rule 1240-08-04-.06. An individual in extended (sheltered) employment may return to VR at any time to pursue competitive integrated employment.

Tenn. Comp. R. & Regs. 1240-08-04-.03

Original rule filed September 30, 1985; effective October 30, 1985. Amendment filed July 12, 2002; effective September 25, 2002. Repeal and new rule filed June 30, 2009; effective September 13, 2009. Repeal and new rules filed October 5, 2017; effective January 3, 2018. Amendments filed February 29, 2024; effective 5/29/2024.

Authority: T.C.A. §§ 4-5-202, 49-11-601, et seq., 49-11-604(b), 71-1-104, and 71-1-105(a)(12); 29 U.S.C. §§ 720, et seq.; 34 C.F.R. §§ 361.5, 361.41, 361.42, 361.45, and 361.46; and Executive Order No. 43 (1983).