§ 7130. Mandatory Procedures for Development of the Individualized Plan for Employment (Ipe); Review; Amendment.

(a) The following mandatory procedures shall be used to develop an Individualized Plan for Employment (IPE).

(1) The IPE shall be a written document prepared on the form DR 215 (Rev. 03/04) provided by the Department.

(2) The IPE shall be developed and implemented in a manner that gives eligible individuals the opportunity to exercise informed choice consistent with 7029.6 of these regulations, in selecting -

(A) The employment outcome, including the employment setting;

(B) The specific vocational rehabilitation services needed to achieve the employment outcome, including the settings in which services will be provided;

(C) The entity or entities that will provide the vocational rehabilitation services; and

(D) The methods available for procuring the services, consistent with applicable State procurement laws and regulations and federal policy directives issued by the U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS), Rehabilitation Services Administration.

(3) The IPE must be -

(A) Agreed to and signed by the eligible individual or, as appropriate, the individual's representative; and

(B) Approved, signed, and dated by a Rehabilitation Counselor employed by the Department.

1. Before approving the IPE, the Rehabilitation Counselor shall determine that the employment outcome, the specific vocational rehabilitation services needed to achieve the employment outcome, the employment setting and settings in which services will be provided, the entities that will provide the services, and the methods available for procuring the services are appropriate and necessary in consideration of:

a. The individual's unique strengths, resources, priorities, concerns, abilities, capabilities, and interests; and

b. The scope of applicable laws and regulations specified in Section 7029. 6(c) of these regulations.

(4) A copy of the IPE and a copy of any amendments to the IPE shall be provided to the eligible individual or, as appropriate, to the individual's representative, in writing and, if appropriate, in the native language or mode of communication of the individual or, as appropriate, the individual's representative.

(5) The IPE shall be reviewed at least annually in accordance with Section 7133 of these regulations by a qualified vocational rehabilitation counselor and the eligible individual or, as appropriate, the individual's representative to assess the eligible individual's progress in achieving the identified employment outcome.

(6) The IPE may be amended, as necessary, by the individual or, as appropriate, the individual's representative, in collaboration with a representative of the Department or a qualified vocational rehabilitation counselor (to the extent determined to be appropriate by the individual), if there are substantive changes in the employment outcome, the vocational rehabilitation services to be provided, or the providers of the vocational rehabilitation services.

(7) Amendments to the IPE do not take effect until agreed to and signed by the eligible individual or, as appropriate, the individual's representative and by a Rehabilitation Counselor employed by the Department. Before approving and signing any amendment to the IPE, the Rehabilitation Counselor shall review the amendment consistent with applicable requirements established in (a)(3)(B)1. of this section.

HISTORY

1. New sectionfiled 3-4-2004; operative 4-3-2004 (Register 2004, No. 10). For prior history, see Register 91, No. 15.

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 721(a)(19) and 722(b) and (d); 34 CFR Sections 361.45, 361.50 and 361.52; and Sections 19005, 19011, 19012 and 19013.5, Welfare and Institutions Code.