SECTION 106.433. Individualized Plan for Employment (IPE)

(a) All IPEs must be written on the form prescribed by DBS for this purpose.

(b) DBS advises the consumer or, as appropriate, the consumer's representative, of the consumer's options and all DBS procedures and requirements affecting the development and review of an IPE, including the availability of special modes of communication.

(c) In developing an IPE for a student with a disability who is receiving special education services, DBS must consider the student's individualized education program.

(d) The IPE is reviewed with the consumer, or as appropriate, the consumer's representative, as often as necessary, but at least once each year, to assess the consumer's progress in meeting the objectives identified in the IPE.

(e) All substantive revisions necessary to reflect changes in the consumer's employment outcome, specific vocational rehabilitation services, service providers, and the methods used to procure services must be incorporated into the consumer's IPE.

(f) The counselor must provide the consumer or, as appropriate, the consumer's representative with a copy of the IPE and its amendments, in the mode of communication specified by the consumer or representative.

(g) The data used to prepare the IPE must include the information necessary to satisfy federal requirements and to adequately document the consumer's plan of services. Regardless of the approach selected by the consumer to develop the IPE, the IPE must, at a minimum, contain the following mandatory components:

(1) a description of the consumer's specific employment outcome;

(2) a description of the specific vocational rehabilitation 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 consumer or, as appropriate, the consumer's representative, that will provide the vocational rehabilitation 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) the responsibilities of DBS;

(B) the responsibilities of the consumer, including:

(i) the consumer's responsibilities related to his or her employment outcome;

(ii) if applicable, the consumer's participation in paying for the costs of the plan;

(iii) the consumer'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 consumer 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 needed by the consumer; and

(B) the source of extended services or, if the source of the extended services cannot be identified at the time of 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) Prior to suspending, reducing, or terminating any planned service in the IPE, DBS shall send written notification of intent to the consumer's last known address.

(i) DBS must suspend, reduce, or terminate the consumer's planned services no sooner than 10 working days after written notice has been mailed to the consumer.

Source Note: The provisions of this §106.433 adopted to be effective December 10, 2012, 37 TexReg 9644