11 - The Act and Regulations

Options for developing an individualized plan for employment

If an individual is determined to be eligible for vocational rehabilitation services as described in subsection (a) [Eligibility], the designated State unit shall complete the assessment for determining eligibility and vocational rehabilitation needs, as appropriate, and shall provide the eligible individual or the individual's representative, in writing and in an appropriate mode of communication, with information on the individual's options for developing an individualized plan for employment, including—

• Information on the availability of assistance from a qualified vocational rehabilitation counselor or, as appropriate, a disability advocacy organization in developing all or part of the individualized plan for employment for the individual…

• A description of the full range of components that shall be included in an individualized plan for employment

• As appropriate—

  • An explanation of agency guidelines and criteria associated with financial commitments concerning an individualized plan for employment;

  • Additional information the eligible individual requests or the designated State unit determines to be necessary; and 

  • Information on the availability of assistance in completing designated State agency forms required in developing an individualized plan for employment; and 

  • A description of the rights and remedies available to such an individual including, if appropriate, recourse to the processes…[listed above] and

  • A description of the availability of a client assistance program established pursuant to section 732 of this title and information about how to contact the client assistance program…

Mandatory procedures 

• Written document

An individualized plan for employment shall be a written document prepared on forms provided by the designated State unit.

• Informed choice

An individualized plan for employment shall be developed and implemented in a manner that affords eligible individuals the opportunity to exercise informed choice in selecting an employment outcome, the specific vocational rehabilitation services to be provided under the plan, the entity that will provide the vocational rehabilitation services, and the methods used to procure the services, consistent with subsection (d) [Policies and Procedures].

Signatories

An individualized plan for employment shall be—

• agreed to, and signed by, such eligible individual or, as appropriate, the individual's representative; and

• Approved and signed by a qualified vocational rehabilitation counselor employed by the designated State unit.

• Copy

A copy of the individualized plan for employment for an eligible individual shall be provided to the individual or, as appropriate, to the individual’s representative, in writing and, if appropriate, in the [preferred] language or mode of communication of the individual or, as appropriate, of the individual’s representative.

(See 29 USC § 722(b) - Eligibility and individualized plan for employment,  Development of an Individualized Plan for Employment.)

General requirements. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that—

• An individualized plan for employment meeting the requirements of this section and § 361.46 [Content of the individualized plan for employment] is developed and implemented in a timely manner for each individual determined to be eligible for vocational rehabilitation services or, if the designated State unit is operating under an order of selection, …for each eligible individual to whom the State unit is able to provide services; and

• Services will be provided in accordance with the provisions of the individualized plan for employment.

(See 34 CFR 361.45 - Development of the individualized plan for employment.)