Section 17-401.1-10 - Development of the individualized plan for employment(a) The division shall ensure that an individualized plan for employment (IPE) meeting the requirements of this section and section 17-401.1-11 is developed and implemented in a timely manner for each individual determined to be eligible for VR services or, if the division is operating under an order of selection in accordance with section 17-401.1-5, for each eligible individual to whom the division is able to provide services, and that services are provided in accordance with the provisions of the IPE.(b) The division must conduct an assessment for determining VR needs, if appropriate, for each eligible individual or, if the division is operating under an order of selection, for each eligible individual to whom the division is able to provide services. (1) The purpose of this assessment is to determine the employment outcome, and the nature and scope of VR services to be included in the IPE.(2) To the extent possible, the employment outcome and the nature and scope of rehabilitation services to be included in the individual's IPE must be determined based on the data used for the assessment of eligibility and priority for services under section 17-401.1-7.(3) To the extent additional data are necessary to make a determination of the employment outcome and the nature and scope of VR services to be included in the IPE of an eligible individual, the division must 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 individual. This comprehensive assessment: (A) Is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the IPE of the eligible individual;(B) Uses as a primary source of information to the maximum extent possible and appropriate and in accordance with confidentiality requirements: (i) Existing information obtained for the purposes of determining the eligibility of the individual and assigning the priority for an order of selection described in section 17-401.1-5 for the individual; and(ii) Information that can be provided by the individual and, if appropriate, by the family of the individual;(C) May include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors that affect the employment and rehabilitation needs of the individual; and(D) May include, to the degree needed, an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the use of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment.(c) The IPE must be designed to achieve a specific employment outcome as defined in section 17-401.1-2, that is selected by the individual consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.(d) The division must provide the following information to each eligible individual or, as appropriate, the individual's representative, in writing and, if appropriate, in the native language or mode of communication of the individual or the individual's representative: (1) Information on the available options for developing the IPE, including the option that an eligible individual or, as appropriate, the individual's representative may develop all or part of the IPE: (A) Without assistance from the division or other entity; or(B) With assistance from: (i) A qualified vocational rehabilitation counselor employed by the division;(ii) A qualified vocational rehabilitation counselor who is not employed by the division; or(iii) Resources other than those in (i) or (ii);(2) Additional information to assist the eligible individual or, as appropriate, the individual's representative in developing the IPE, including: (A) Information describing the full range of components that must be included in an IPE;(B) As appropriate to each eligible individual: (i) An explanation of agency guidelines and criteria for determining an eligible individual's financial commitments under an IPE;(ii) Information on the availability of assistance in completing division forms required as part of the IPE; and(iii) Additional information that the eligible individual requests or the division determines to be necessary to the development of the IPE;(3) A description of the rights and remedies available to the individual, including, if appropriate, recourse to the processes described in section 17-400.1-5; and(4) A description of the availability of the Client Assistance Program of the Hawaii Disability Rights Center and information on how to contact them.(e) The division must ensure that: (1) The IPE is a written document prepared on forms provided by the division;(2) The IPE is developed and implemented in a manner that gives eligible individuals the opportunity to exercise informed choice, consistent with section 17-401.1-12 in selecting: (A) The employment outcome, including the employment setting;(B) The specific VR 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 VR services; and(D) The methods available for procuring the services;(3) The IPE is: (A) Agreed to and signed by the eligible individual or, as appropriate, the individual's representative; and(B) Approved and signed by a qualified VR counselor employed by the division;(4) A copy of the IPE and a copy of any amendments to the IPE are 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 is reviewed at least annually by a qualified VR 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 is amended, as necessary, by the individual or, as appropriate, the individual's representative, in collaboration with a representative of the division or a qualified VR counselor (to the extent determined to be appropriate by the individual), if there are substantive changes in the employment outcome, the VR services to be provided, or the providers of VR 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 qualified VR counselor employed by the division; and(8) An IPE for a student with a disability receiving special education services is developed: (A) In consideration of the student's IEP (individualized education program); and(B) In accordance with the plans, policies, procedures, and terms of the interagency agreement required under section 17-400.1-13(a)(2).(f) The division must establish and implement standards for the prompt development of IPEs for the individuals identified under subsection (a), including timelines that take into consideration the needs of the individuals.(g) A copy of the IPE and any amendments must be included in the division's record of services for the individual.(h) Assessment services for determining VR needs are exempt from the comparable services and benefits provisions of section 17-401.1-13 and personal resources provisions of section 17-401.1-14.Haw. Code R. § 17-401.1-10
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§705, 721, 722, 723; 34 C.F.R. §§361.5(b)(6), 361.45, 361.47) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§705, 721, 722, 723; 34 C.F.R. §§361.5(b)(6), 361.45, 361.47 )