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Vocational Rehabilitation Services

Assessment of Vocational Rehabilitation Needs and Employment Plan

Summary
The Assessment of Vocational Rehabilitation Needs and Employment Plan policy describes the factors Vocational Rehabilitation Services staff must consider when determining a consumer's vocational rehabilitation needs. It also outlines requirements for developing an Employment Plan.

Relevant Laws, Rules, or Policies
Code of Federal Regulations, Title 34
The Rehabilitation Act
School-to-Work Transition Services
Supported Employment

Effective Date
9/1/1993

Last Updated
7/13/2022

Contact
Heather Farmer, Heather.Farmer@state.mn.us
Tel   612.414.9668
Fax  651.297.5159

Policy

Assessment of Vocational Rehabilitation Needs

Vocational Rehabilitation Services must conduct an assessment of vocational rehabilitation needs to determine the specific employment goal, and the nature and scope of vocational rehabilitation services to be included in the Employment Plan (EP).

To the extent possible, the assessment will be based on the information used to determine eligibility and priority for services. If the person’s unique strengths, resources, priorities, concerns, abilities, capabilities, and interests cannot be determined using information already gathered to determine eligibility and priority for services, a comprehensive assessment must be conducted. Comprehensive assessments must be conducted in the most integrated settings possible.

In an assessment, information from other programs and providers such as information from school staff, social workers, physicians, psychologists, Employment Networks, the Social Security Administration (SSA), and information provided by the individual and family, must be used to the maximum extent possible.

To the degree needed to develop a Plan, an assessment may include:

  • 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;
  • 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. This can include the use of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment;
  • Referral for the provision of rehabilitation technology services to the individual to assess and develop the capacities of the individual to perform in a work environment.

The Vocational Rehabilitation Services counselor is responsible for assuring that the assessment of vocational rehabilitation needs is adequate develop a job goal and the nature and scope of services based on available information.

The individual or his/her representative will be provided in writing information person regarding options for the development his/her Employment Plan. These include the options that the individual (or as appropriate the individual’s representative) may develop all or part of the Employment Plan without assistance; or with assistance from a Vocational Rehabilitation Services counselor, a vocational rehabilitation counselor not employed by the State, or any other resource they choose.

This written information will also include:

  • What must be included on the Employment Plan;
  • How Consumer Financial Participation (CFP) is determined;
  • Information regarding the availability of assistance in completing the Employment Plan form;
  • A description of the rights and remedies available to the person;
  • Information about the availability of the Client Assistance Project and how to contact them; and
  • Information about work incentives and work incentives planning and assistance services.

Services Involving Construction/Remodeling

When modifications involving construction are being considered, the Vocational Rehabilitation Services counselor must consult with his/her supervisor and the Field Operations Specialist prior to arranging for related assessment services or including these services on the Employment Plan.

Providing Services in a Non-Integrated Setting

If it is necessary for services to be provided in a non-integrated setting, staff must consult with his/her supervisor prior to arranging for related assessment services or including these services on an Employment Plan.

Employment Plan

An Employment Plan will be developed as early as possible but no later than 90 days from the date the person enters a planning status. Extensions beyond 90 days will be made only if there are exceptional and unforeseen circumstances beyond agency control and the counselor and individual have agreed to a specific extension of time. The record of service must contain the Workforce One "Extension for 90-Day Employment Plan Development" case note template.

The Vocational Rehabilitation Services counselor is responsible for determining if the Employment Plan is likely to lead to competitive integrated employment, that the services are needed to achieve the job goal, consistent with the assessment findings and other relevant information in the record of service, and that all required parts of the Employment Plan are complete.

Vocational Rehabilitation Services cannot support employment goals or small businesses which are in violation of federal or state laws, are considered hobbies; that are not income-producing, nor business ventures that are speculative in nature or considered high risk.

Before any Plan is implemented it must be reviewed, approved and signed by both the Vocational Rehabilitation Services counselor and the individual or his/her representative. If a person has a legal guardian, the record of service must contain evidence of the guardianship. In cases where the individual has chosen to designate an authorized representative to represent their decisions regarding the development of the Employment Plan, the record must contain a signed copy of the “Authorized Representative Designation” form.

The VR participant, or as appropriate the individual’s representative, must be provided a copy of the Employment Plan and any amendments. The Employment Plan will be provided in the language or mode of communication understandable to the person (or the person’s representative).

The Employment Plan and any amendments must be on Agency-approved forms.

Services will be implemented in a timely manner. No vocational rehabilitation services beyond assessment may be provided without an approved Employment Plan.

The Employment Plan will be reviewed at least annually by the Vocational Rehabilitation Services counselor and the VR participant (or representative) to assess the individual’s progress in achieving the job goal.

The Employment Plan will be amended if there is a substantive change in the person’s job goal, the services to be provided, or the service provider. Amendments to the Employment Plan do not take effect until agreed to and signed by the VR participant (or his/her representative) and the Vocational Rehabilitation Services counselor.

The Employment Plan will be amended, as necessary, to include the postemployment services and service providers that are necessary for the individual to maintain, advance in or regain employment, consistent with individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

The Employment Plan must include:

  1. A specific job goal that is chosen by the eligible individual, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice consistent with the general goal of competitive integrated employment. In the case of a student or youth with a disability, the description of the individual’s projected post-school employment outcome is acceptable;
  2. A job goal that is expected to result in competitive integrated employment;
  3. A description of the specific rehabilitation services needed to achieve the job goal based on the information available at the time the Employment Plan is written, including, as appropriate, the provision of assistive technology devices, assistive technology services, and personal assistance services;
  4. In the case of a Plan for a student or youth with a disability, the specific transition services and supports needed to achieve the job goal or projected post-school job goal;
  5. In the case of a Plan for a student with a disability, a description of Pre-Employment Transition Services needed to achieve the job goal or projected post-school job goal;
  6. Services that are provided in the most integrated setting that is appropriate for the services involved and is consistent with the informed choice of the individual;
  7. Time lines for the achievement of the job goal and for the initiation of services;
  8. A description of the entity or entities chosen by the eligible individual or, as appropriate the person’s representative, that will provide services;
  9. A description of the criteria to evaluate progress toward achievement of the job goal;
  10. The terms and conditions of the Employment Plan. These include:
    • A description of the responsibilities of Vocational Rehabilitation Services;
    • A description of the responsibilities of the individual to achieve the job goal;
    • The extent of participation, if any, of the VR participant in paying for any costs;
    • The responsibility of the VR participant to apply for, and secure any comparable services or benefits;
    • The responsibility of other entities as the result of arrangements made from the comparable services or benefits search.
  11. Statements, as determined to be necessary, concerning
    • the expected need for postemployment services,
    • A description of the terms and conditions for the provision of any post-employment services, and,
    • If appropriate, a statement of how post-employment services will be provided or arranged through other entities identified as a comparable benefit.
  12. Responsibilities for Postsecondary Education if the Employment Plan includes postsecondary training.
  13. Responsibilities for Small Business if the Employment Plan includes initial start-up or stabilization services for small business.

Exceptions may be requested from the Director of Vocational Rehabilitation Services or a designee when there are unique rehabilitation needs that cannot be met.

Through appropriate modes of communication, each VR participant must be given the information necessary to make informed choices regarding vocational goal, services and providers. Individuals who need assistance in exercising informed choice must be made aware that support services are available.

As appropriate, services can be obtained from either an in-state or out-of-state provider. If a VR participant chooses an out-of-state provider at a higher cost than an in-state provider, if either provider would meet the individual’s rehabilitation needs, Vocational Rehabilitation Services is not responsible for those costs in excess of the cost of the in-state service.

Employment Plan for Supported Employment

If the employment outcome is expected to be in a Supported Employment setting, refer to the Supported Employment policy for the additional requirements that need to be on the Employment Plan.

Employment Plan for Students in Transition

An Employment Plan will be developed and approved as early as possible during the transition planning process but no later than 90 days of the student entering a planning status or by the time the student leaves the school setting, whichever occurs first. Extensions beyond 90 days will be made only if there are exceptional and unforeseen circumstances beyond agency control and the counselor and the person have agreed to a specific extension of time. The record of service must contain the Workforce One "Extension of 90-Day Employment Plan Development" case note template.

Employment Plans will consider the IEP and services provided under section 504 of the Rehabilitation Act, as applicable, and will coordinate with those services and goals of the IEP or section 504 services that facilitates an employment outcome. The Employment Plan will include those services that Vocational Rehabilitation Services will provide while the student is in school.

The Employment Plan will be developed in accordance with the plans, policies, procedures and terms of the interagency agreement between the Minnesota Department of Employment and Economic Development Vocational Rehabilitation Services and the Minnesota Department of Education. (See School to Work Transition Services for further policies related to transition.)


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