​​​​​​​​​​​​​​​​​​​​​​​​Chapter 8.22 Contents:

[REVISED: 9/15/22]

1. Definition.
    Post-employment services (PES) means (per 2016 Federal Regulation 34 CFR § 361.5 (c)(41)) one or more vocational rehabilitation services identified in 2016 Federal Regulation 34 CFR § 361.48 that are provided during Employed status that are subsequent to the achievement of                an employment outcome but before case closure to maintain, regain, or advance in employment (per RSA-FAQ-22-03 issued March 11, 2022). PES are:

                   a. Provided under an amended individualized plan for employment (IPE);​
                   b. Limited in scope and duration; and
                   c. Available to meet rehabilitation needs that do not require a complex or comprehensive provision of services.
​​
2. PES on the IPE.
    When developing the Individualized Plan for Employment (IPE), the counselor shall (per 2016 Federal Regulation 34 CFR § 361.46) evaluate the need for PES and include a statement on the IPE concerning the expected need (yes, no/unknown), and if PES needs are known, the                      anticipated services and providers and terms and conditions and comparable benefits.
     
    ​​​If PES needs are not known at the time of IPE development, but the need for PES occurs after Employed status but before case closure, the IPE shall be amended accordingly.  See Chapter 5, PLAN, Policy 6.​
 
3. Criteria for Providing PES.
    The counselor may authorize PES only when all the following criteria are met: 
                    a. ​​The case is in Employed status, subsequent to the achievement of an employment outcome but before case closure or with supervisor approval, the most recent case was closed in Closed - Rehabilitated status and the reporting quarter in which the closure occurred                                     has not ended (see Notes)  (per 2016 Federal Regulation 34 CFR § 361.5 (c)(4​1) and RSA-FAQ-22-03 issued March 11, 2022).  ; and
​​                    b. The physical or mental condition is stable or slowly progressive, and there is no new and distinct disabling condition; and
​​                    c. PES (per 2016 Federal Regulation 34 CFR § 361.5 (c)(41)) is necessary to reduce or remove an impediment to employment and is needed for the individual to maintain (such as conflicts with supervisor or co-workers jeopardize employment and mental health                                                  counseling is needed), regain (such as a job is eliminated through reorganization and new placement services are needed), or advance in employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests;                                                and
​​                    d. The provision of PES is directly related to the primary disability; and
​​                    e. The rehabilitation needs do not (per 2016 Federal Regulation 34 CFR § 361.5 (c)(41)) require a complex or comprehensive provision of services and service needs should be limited in scope and duration.  Home modification, vehicle modification, etc. are not PES.

 

Note 1:  A new application, case, eligibility assessment, and IPE are needed for former clients with cases closed outside of the current reporting quarter as Closed-Rehabilitated who seek vocational rehabilitation services from DRS.  Supervisor approval is required to reinstate Closed-Rehabilitated cases to Service Status within the same reporting quarter.  (Per RSA-FAQ-22-03 issued March 11, 2022)

 

Note 2: Federal program reporting quarters are as follows:

  • July 1 – September 30
  • October 1 – December 31
  • January 1 – March 31
  • April 1 – June 30

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  1. Consumer Financial Participation                                                                                                                                                                                                                               
    Non-assessment services provided under PES are subject to consumer financial participation policies (per 2016 Federal Regulation 34 CFR § 361.54 ), see Cr 14.3. FINANCIAL PARTICIPATION.
  2. SE clients.
    For individuals in Supported Employment (SE), the counselor may authorize ancillary vocational rehabilitation services, but not long-term follow along, under PES.  To authorize ancillary vocational rehabilitation services, the counselor shall use the appropriate agency fund code (see Virginia DRS Supported Employment Guide).
  3. Training as PES.
    The counselor may authorize training as a PES only when the employment outcome was appropriate at the time but nevertheless is below the individual's potential, and the more suitable employment A) is to maintain the individual in employment (such as training restaurant cashier to be a store cashier), and B) is closely related to the existing job so that it does not entail an extended training period and change of occupation (such as training clerk typist to be a clerk stenographer), and C) will improve the individual's level of independence.  
  4. For provision of services, see the policy for the specific service.  
  5. Encumbering funds.
    Purchased services shall be subject to DRS established purchasing policies and procedures.  For encumbering funds, see Chapter 14.1, PURCHASING, Policy 1.   



 

Links to the Code of Federal Regulations (CFR) are currently unavailable while we await federal changes to the vocational rehabilitation program. Upon promulgation of the final regulations the links will be updated and activated.