New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.11 - Individualized plan for employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The New York State Education Department,
				  hereinafter known as the agency, will complete an assessment for determining
				  eligibility and vocational rehabilitation needs, if appropriate, and shall then
				  provide information to each individual eligible for vocational rehabilitation
				  services about the individual's options for developing an individualized plan
				  for employment.
(b) Process for
				  developing the individualized plan for employment.
(1) The plan shall be developed by the
				  individual with the assistance of a vocational rehabilitation counselor to the
				  extent the individual determines. The plan shall be a written document using
				  forms provided by the agency and must be agreed to and signed by the individual
				  or, if appropriate, the individual's representative. It must also be approved
				  and signed by a qualified vocational rehabilitation counselor employed by the
				  agency. A copy of the plan and any amendments or revisions thereto shall be
				  provided to the individual or, as appropriate, the individual's parent,
				  guardian or other representative in the language or mode of communication
				  appropriate.
(2) The plan shall be
				  developed promptly after an individual is determined to be eligible for
				  vocational rehabilitation services. To the extent possible, the employment
				  outcome and the nature and scope of rehabilitation services must be determined
				  based on the data used for the assessment of eligibility.
(3) If additional data are necessary, the
				  agency shall conduct a comprehensive assessment of the unique strengths,
				  resources, priorities, concerns, abilities, capabilities, interests, and needs,
				  including the need for supported employment services, of an eligible
				  individual, in the most integrated setting possible, consistent with the
				  informed choice of the individual. The comprehensive assessment must be limited
				  to information that is necessary to identify the rehabilitation needs of the
				  individual and develop the individualized plan for employment and may, to the
				  extent needed, include:
(i) an analysis of
				  the pertinent medical, psychiatric, psychological, neuropsychological, and
				  other pertinent vocational, educational, cultural, social, recreational, and
				  environmental factors that affect the employment and rehabilitation needs of
				  the individual;
(ii) an analysis of
				  the individual's personality, career 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;
(iii) an appraisal of the individual's
				  patterns of work behavior and services needed to acquire occupational skills
				  and to develop work attitudes, work habits, work tolerance, and social and
				  behavior patterns suitable 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;
(iv) a referral for the provision of
				  rehabilitation technology services, to assess and develop the individual's
				  capacities to perform in a work environment; and
(v) an exploration of the individual's
				  abilities, capabilities, and capacity to perform in work situations, which
				  shall be assessed periodically during trial work experiences, including
				  experiences in which the individual is provided appropriate supports and
				  training.
(4) The
				  program shall be designed to achieve an employment outcome that is consistent
				  with the individual's unique strengths, priorities, concerns, abilities,
				  capabilities, career interests and informed choice.
(5) The program for a student with a
				  disability who is receiving special education services, shall consider the
				  student's individualized education program and be coordinated with it in terms
				  of the goals, objectives, and services identified.