​Chapter 8.21 Contents:

13. Comparable benefits.

Rehabilitation technology is exempt (per Federal Regulation 34 CFR § 361.53) from a search for comparable benefits.​  

However, vocational rehabilitation services are not intended to replace obligations other entities may have under the law.  Employers having more than 15 full-time employees are generally financially responsible under federal law (P.L. 101-336 Americans with Disabilities Act of 1990) for reasonable job- and work site- accommodation and rehabilitation technology for their employees, including VR clients who are employed, such as clients with Supported Employment job placement or clients in on-the-job training (OJT). However, if the employer is unwilling or financially unable to comply, or is not subject to ADA, the counselor may (per federal Technical Assistance Circular RSA-TAC-98-04 issued September 29, 1998) provide it during the 90-day employment period without requiring the employer to meet the ADA test for “undue hardship” or “undue burden.”  After VR case closure, the responsibility for providing rehabilitation technology lies elsewhere (e.g., with the employer or individual). Refer ADA employer obligation questions or alleged violations to the DARS Policy and Planning Division, the U.S. Department of Justice, or the U.S. Equal Employment Opportunity Commission.

Public secondary (junior and senior high) schools have a legal obligation under federal law (P.L. 105-17 Individuals with Disabilities Education Act) to provide rehabilitation technology necessary for the student to benefit from the Individualized Education Program (IEP). When needed only for the school IEP, the counselor shall not authorize the purchase.  When needed for VR only (such as eligibility and VR service needs assessment, or training that is not part of the high school curriculum, etc.), the counselor may authorize the purchase. When needed for both the IEP and to achieve the IPE employment goal, the counselor shall (per 2016 Federal Regulation 34 CFR § 361.53) document in the client casefile an attempt to negotiate co-funding with the school.

​​Chapter 5 PLAN Contents:​

• Chapter 5. - PLAN (Individualized Plan for Employment)
• 1. IPE Development
• A. IPE Development Requirements
• A1. Mandatory Client Notifications During IPE Development
  A2. Deadline to Complete and Sign the IPE in Eligible status
• A3. Eligible - E status
• A4. Counseling Relationship and Client Informed Choice During IPE Development
• A5. IPE Development Participants and Signature Requirements
• A6. IPE Development and Individuals Jointly Served by DARS and the Department for the Blind and Vision Impaired (DBVI)​
• B. Scope of Services During IPE Development
• C. Use of Forms and Screens
• C1. Use of Employment Plan Form (RS-5) and AWARE screen
• C2. Use of Client Financial Statement (RS-13)
• C3. Use of Student Need and Aid Assessment (RS-25)
• C4. Use of Consumer Information on Development of The Employment Plan (RS-4b)
• 2. IPE Content Requirements
• A. IPE Contents
• B. IPE Employment Goal
• B1. Requirements for the Employment Goal
• B2. Advancement in Employment as an Employment Goal
• B3. Homemaker as an Employment Goal
• C. Sample Progress Measures         
• 3. IPE Implementation
• 4. IPE Review
• 5. Services Interrupted
• 6. Amending the IPE

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[REVISED: 9/24/26]

1. If DRS is operating under an Order Of Selection (OOS) and the case is not moving to the Delayed status waiting list (see Chapter 2.2 ORDER, Policy 2), the case is moved into Eligible status and the Individualized Plan for Employment (IPE) shall be developed and signed as soon as possible, but within 90 days of the Eligible Date. For required IPE format, see Policy 1: Section D of this chapter. When the IPE is finalized, mutually agreed to, and signed, the counselor shall complete the AWARE Plan screen and move the case into Service status.  

​​​​In general, the 90-day deadline can be extended only if DRS and the eligible individual agree to the extension of the deadline to a specific date. (34 CFR §361.45(e)) The counselor must obtain and document the client’s agreement to the extension and the specific date of the extension. Client agreement to the extension may be provided by email. The counselor must also obtain and document pre-approval from the appropriate Unit Supervisor/Manager for the first extension and the District Director for the second and any subsequent extensions, as needed, prior to moving the consumer into extension status.  

If circumstances beyond the control of the agency impact the ability to develop an IPE containing all mandatory components (see Policy 2 of this chapter), DRS must make three (3) attempts, using the preferred contact method identified by the individual, to schedule a meeting to facilitate IPE development or secure the individual’s agreement to an IPE extension. Outreach to the client should occur no later than 15 calendar days before the IPE development deadline. 

After three (3) unsuccessful, documented (through Actual Service Note) attempts to reach agreement with the individual, the counselor may request approval of a plan extension from the appropriate Supervisor/Manager/District Director. Approval of the plan extension shall be documented.​  

To extend the deadline, including for PERT and Transition cases, the counselor shall complete the AWARE Plan Development Extension screen to document the IPE delay and move the case into Eligible - E status.  Appropriate casefile documentation maintained by the counselor should include an Actual Service Note with the reason for the extension, the scope of any client consent, detailed information about all attempts to contact the client, and from whom approval was obtained. 

2. For students with disability who are VR clients
   To continue to provide pre-employment transition services already initiated before Eligible status, whether the assigned Order of Selection priority category is open or closed, see Chapter 2.2, ORDER OF SELECTION, Policy 2 Section B
   

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A3. Eligible - E status

[REVISED: 11/22/16] 

As often as necessary, but at least every 90 days the case remains in Eligible - E status, the case record must demonstrate casework, IPE planning, vocational counseling and guidance, or justification for the IPE delay.  If the IPE for a transition case (per 2016 Federal Regulation 34 CFR § 361.22) is not finalized and signed before the student leaves the school setting, the counselor shall (per agency policy) document supervisor consultation.

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A4. Counseling Relationship and Client Informed Choice during IPE Development

[REVISED: 5/1/16]

For vocational counseling and guidance see Chapter 8.03, VR COUNSELING, Policy 1.  For informed choice see Chapter 1.6, INFORMED CHOICE, Policy 1. 

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A5. IPE Development Participants and Signature Requirements

[REVISED: 9/16/21]

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A6. IPE Development and Individuals Jointly Served by DARS and the Department for the Blind and Vision Impaired (DBVI)​

[REVISED: 12/3/18]

1. For cases jointly served by DARS and DBVI, each agency develops an IPE with the individual. See Chapter 16, INDIVIDUALS JOINTLY SERVED BY DARS AND THE DEPARTMENT FOR THE BLIND AND VISION IMPAIRED (DBVI), Policy 16, Section 7.​

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​​​

B. Scope of Services During IPE Development

[REVISED: 3/16/23] 

1. The Individualized Plan for Employment (IPE) is a written, signed agreement.  The IPE is not a legal contract and DRS will pay for services as long as there is money available to do so, the laws affecting the VR program do not change, and the client makes satisfactory progress toward reaching the employment goal on the IPE.  For requirements when developing the IPE, see Policy 1 of this chapter.  For IPE review requirements, see Policy 4 of this chapter.
   
   
2. At a minimum, the IPE shall (per 2016 Federal Regulation 34 CFR § 361.46) contain:

1. An employment goal (for requirements, see Policy 2: Section B of this chapter)
   
   
   
2. Projected time frame for achieving the employment goal.                          
   
     
3. Progress measures.
   Progress measures are a description of criteria to evaluate progress toward achieving the established employment goal.   Each must be a specific measurable outcome (skill, behavior change, etc.) needed to reduce or remove the documented impediments to employment/serious functional limitations and achieve the IPE employment goal, and way to measure it (grades, vendor report, etc. ). In developing progress measures, consider changes needed in educational level, job skills, interpersonal skills, physical or mental condition, environmental conditions and accessibility issues, and other relevant factors.  Try to use a positive tone (e.g., maintain sobriety, acquire a degree or skill, increase a specific behavior, etc.). Progress measures may used to address ancillary issues that support achieving the IPE employment goal.  For example, a progress measure to acquire skills to manage child care issues may be appropriate for an individual. However, if the individual simply needs child care services to access DRS-approved services (e.g., training) a progress measure regarding child care may not be necessary.  For samples of progress measures, see Policy 2: Section C of this chapter.  
                                          
                                 
4. Specific vocational rehabilitation services.
   
   
   1. The IPE shall include specific vocational rehabilitation services to be provided.  For example, if rehabilitation technology services are required, the IPE must identify the specific rehabilitation technology service.  The IPE shall include the projected service start date, service provider name, cost (if known), and funding source(s) including any client financial contribution and any comparable benefits.  The anticipated service end date is optional and, if used, must (per agency mandate) be based on the specific vocational rehabilitation needs of the individual. 
      
      
   2. The IPE shall include, at a minimum, 1) vocational counseling and guidance as an essential VR service (per RSA Manual Transmittal RSA-MT-92-27) and 2) job search assistance and follow up for at least 90 days after Employed Date.  See Chapter 8.03, COUNSELING, Policy 1 for counseling and guidance requirements.
      
      
   2. Counseling and guidance IPE
      This means the primary planned service is substantial counseling and guidance. While counseling and guidance is provided throughout the vocational rehabilitation process, a counseling and guidance IPE is written when the individual and counselor agree that i) planned, substantial counseling and guidance is the primary service the individual requires to achieve the established employment goal, and ii) the provision of counseling and guidance services will remove or substantially reduce the impediment to employment and will enable the individual to achieve the established employment goal.  Specific counseling issues (see ) shall be included in the progress measures.  See Chapter 8.03, COUNSELING, Policy 1 for frequency of scheduled sessions, C and G progress measures, and other requirements.  Unplanned sessions may also occur when a counseling and guidance issue needs immediate attention.  Other progress measures and services required for the individual to achieve the established employment goal or to remove or reduce the documented impediment to employment/serious functional limitation may be included as appropriate.
      
      
   3. Physical or mental restoration IPE
      This means the primary planned services are medical or mental services and related services.  A physical or mental restoration IPE is written when the individual and counselor agree that i) the individual’s substantial impediment to employment is caused by an identified physical or mental condition, and ii) the provision of physical or mental restoration services will remove or substantially reduce this impediment to employment and will enable the individual to achieve the established employment goal. Specific counseling issues (see Chapter 8.03, COUNSELING, Policy 1) shall be included in the progress measures.  See Chapter 8.03, COUNSELING, Policy 1 for frequency of scheduled sessions, progress measures, and other requirements.  For samples of physical or mental restoration progress measures, see section C of this policy.   Other progress measures and services required for the individual to achieve the established employment goal or to remove or reduce the documented impediment to employment/serious functional limitations may be included as appropriate. 
      ​
      
   4. Training IPE
      This means the primary planned service is vocational training, academic training, supported employment (SE) training, Work Adjustment Training (WAT), on-the-job training (OJT), training at Wilson Workforce and Rehabilitation Center (WWRC), or other type of training program.  A training IPE is written when the individual and counselor agree that the client i) does not have a marketable skill or the current employment is not consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities and functional limitations of the individual based on the results of the eligibility determination assessment and any additional needs assessments needed to develop the IPE, and ii) training will remove or substantially reduce this impediment to employment and will enable the individual to achieve the established employment goal.  For multi-year training programs (e.g., college degree program), the IPE shall list services, costs, providers, etc. for year 1 only. The IPE must be amended annually. Specific training-related counseling issues  and progress measures (see Chapter 8.03, COUNSELING, Policy 1) shall be included in the progress measures.  See Chapter 8.03, COUNSELING, Policy 1 for frequency of scheduled sessions, training progress measures, and other requirements.  For samples of progress measures, see section C of this policy.  Other progress measures and services required for the individual to achieve the established employment goal or to remove or reduce the documented impediment to employment/serious functional limitations may be included as appropriate.  For training services for Workers Compensation cases, see paragraph m below. 
      
                 
   5. The counselor shall be responsible for identifying providers of comparable benefits and for assisting the individual in obtaining those resources. The individual shall be responsible for applying for appropriate comparable benefits identified by the counselor.  For policy, see Chapter 14.2, Comparable Benefits. 
      
      
   6. Consumer financial participation in the cost of fee-based services is based on the Client Financial Statement RS-13 form  see Chapter 14.3, FINANCIAL, Policy 1), and RS-25 when applicable (see Chapter 7, SCHOOL, Policy 1, Section D3). 
      
      
   6. If it is not possible to identify all the information for a planned service that will be provided at a future date (i.e., transition services to be provided after the students with an IEP exits school, extended services to be provided following time-limited supported employment services, anticipated post employment services to be provided following successful rehabilitation and reassessment for post employment services) to avoid delays in the IPE development and implementation, it is acceptable to record the information that is known (i.e., the anticipated extended services service provider and basis for determining that extended services will be available) and then note on the IPE that missing information will be determined later.  
      
      
   7. Planned services include services funded by another resource that DRS staff plans, arranges, or coordinates (i.e., work site accommodation paid by employer under P.L. 101-336 Americans with Disabilities Act of 1990, physical or mental restoration paid by insurance carrier, college training paid by federal student financial aid, etc.).        
      
         
   8. Planned services include services funded by DRS VR Program but provided by a vendor (i.e., job coach training services paid by DRS and provided by an Employment Services Organization, etc.).
      
      
   9. Planned services include services provided at no charge by DRS staff, such as counseling and guidance and job placement services.
      
      
   10. The IPE should include VR support services (i.e., dependent or child care, PAS, maintenance, and transportation) that are necessary to access another VR service on the IPE.   
       
       
   11. The IPE shall (per 2016 Federal Regulation 34 CFR § 361.46) include statements concerning the expected need (yes, no/unknown) for Post-Employment Services (PES) after employment but before case closure. 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). ​Cross-reference: For definition of post-employment services (PES) and procedure to provide PES, see Chapter 8.22, POST EMPLOYMENT, Policy 1.
       
       
   12. For each service on the IPE, the counselor must document in the client record that the service is vocationally necessary to achieve the established employment goal and the client meets eligibility criteria for the service (see Chapters 7, 8, and 9).  
       
       
   13. Each service on the IPE shall (per 2016 Federal Regulation 34 CFR § 361.46) be provided in the most integrated setting possible, consistent with client informed choice, or the IPE shall include a brief justification why it is not provided in an integrated setting.  For example, “Client requires a non-integrated setting for work adjustment before moving to an integrated setting.”   
   
   
5. Schedule for periodic review and evaluation of progress.
   
   
6. How, in the words of the individual (or individual’s representative, as appropriate), how the individual was informed about and involved in choosing among alternative employment goals, progress measures, services, providers, and methods used to procure or provide services (for informed choice policy, see Chapter 1.6, CHOICE, Policy 1). This statement should include the manner in which the individual was informed about the level of integration of services and job placement options. The individual should complete this section as independently as possible.
   
   
7. The individual’s rights, avenues of appeal, responsibilities, terms, and conditions regarding the provision of vocational rehabilitation services.
   
   
8. Signatures (for requirements, see Policy 1: Section A5 of this chapter).
   
   
9. For a student with an Individualized Education Program (IEP), the DRS IPE, at a minimum, must be consistent with the transition components (goals, objectives and services related to transition from school to post-secondary activities, such as further education, vocational training, employment, and independent living) of the student’s IEP (per 2016 Federal Regulation 34 CFR § 361.22 and 2016 Federal Regulation 34 CFR § 361.45 and 2016 Federal Regulation 34 CFR § 361.46.  The counselor shall keep a copy of the IEP (or Individualized Transition Plan, if available) in the client record as documentation that the IPE and IEP transition components are consistent. The counselor may (per 2016 Federal Regulation 34 CFR § 361.47), but is not required to, summarize on the DRS IPE the transition components of the IEP.  Planned services include any VR fee-based services to be provided as well as any school-sponsored services in which DRS is not involved (i.e., vocational awareness/readiness services), but are required to achieve the established employment goal.  The DRS IPE may include, as appropriate, other progress measures in addition to those relating to the transition components of the student IEP.
   
   
10. For Supported Employment (SE) cases, the IPE shall include (per 2016  Federal Regulation 34 CFR § 361.46) the IPE contents required in Chapter 8.16, SE, Policy 1.  
    
    
11. For Self-Employment Enterprise (SEE) cases, see additional IPE requirements and SEE approval process in Chapter 8.17, SEE, Policy 1.
    
    
12. For alcohol or substance abuse cases,
    
    

1. The individual must agree, as part of the IPE, to voluntarily participate in a treatment program or a support group. Participation in an Individualized Placement and Support (IPS) program satisfies this requirement​. Due to limited DRS resources, DRS shall not (per Chapter 2.1, APPLICATION, Policy 1, Section A11) pay for treatment.
   
   
   
   Guidance 1: All issues pertaining to the individual's other responsibilities (e.g., transportation, VR counseling sessions, etc.) should be listed in the IPE.
   
   
   Guidance 2: Vocational rehabilitation and other employment services provided pursuant to an Individualized Placement and Support (IPS) program are not considered DRS payment for alcohol or substance abuse treatment as prohibited by this section.
   
    
2. The individual must agree to a progress measure to maintain abstinence from alcohol/substances and agree that no fee-based services shall be authorized until the individual has demonstrated, to the counselor's satisfaction, abstinence for a period of time specified in the IPE (per agency mandate). If the individual is participating in an Individualized Placement and Supports (IPS) program, incremental abstinence progress measures may be established as an alternative.
   
   
3. If the individual has a relapse, the counselor shall initiate an evaluation at DRS expense.  Continuation of services on the IPE may be contingent upon the individual's participation in the evaluation and recommended treatment, and abstinence from alcohol or substances.  DRS shall not pay for any recommended treatment and the counselor shall refer the individual to other community resources for treatment.
   
   
   Guidance 1: The recommended period of time for abstinence before authorizing fee-based services is at least 90 consecutive days. The 90 days may be counted from a date before the IPE is signed (e.g., from the date of application or date of certification of eligibility is the individual has not used alcohol or substances since that time). For clients participating in and Individualized Placement and Support (IPS) program, complete abstinence may not be required. Alternative progress measures may be established.
   
   
   Guidance 2: If the individual has a relapse and refuses to abstain, even after counseling and guidance and referral to community resources, the counselor may close the case.
   
   
   Guidance 3: More than one relapse within a six (6) month period, even when the individual agrees to abstain, may be an indication that the individual cannot benefit from vocational rehabilitation services in terms of an employment outcome due to the severity of the disability.
   
              
   Guidance 4: In coordination with the individual’s recovery plan and support activities, a period of vocational rehabilitation guidance and counseling under an IPE may be initiated to resolve disability adjustment issues, plan or refine services and strategies that will support recovery and will lead to employment. The following guidance should be considered:
   
   
   • Services connected to an IPE can be initiated when the individual is actively engaged in his or her recovery. Due to limited DRS resources, DRS shall not (per Chapter 2.1, APPLICATION, Policy 1, Section A11) pay for treatment.
   
   
   • When considering the recovery needs of the individual, the counselor should remain flexible regarding abstinence prior to the initiation of vocational rehabilitation services.
   
   
   
   
   • Schedule regular contacts with the individual early and throughout his/her VR case to provide guidance and counseling, to include ongoing recovery, aftercare activities and strategies to prepare for engaging in employment
   
   
   
   
   
   • Assist the individual to develop strengths-based strategies to help him or her succeed with their current IPE.
   
   ​ 

4. Sample progress measures (or written as client responsibilities) may be:
   
   
   Progress Measure: Individual will abstain from alcohol or drugs or any substances not currently prescribed by a physician familiar with the individual's alcohol/substance abuse diagnosis. No services subject to consumer financial participation will be authorized until the individual has demonstrated abstention for at least (enter appropriate time period) consecutive days. This will be measured through the treatment records or consulting with the case manager on an ongoing basis [use if individual is involved in treatment] and
    
   counselor observations of arrival time for appointments [add other behaviors consistent with abstinence].
   
   
   Progress Measure: Individual agrees to voluntarily participate in a treatment program or support group (but DRS shall not pay for treatment). This will be measured through attendance.
   
   
   Progress Measure: Individual agrees to meet with the counselor at least twice a month for the first (enter appropriate time period) consecutive days of this IPE. This will be measured through attendance at scheduled counseling sessions
   
   
   Progress Measure (Participating in an Individual Placement and Support Program): Work is an important part of my recovery. In order to make meaningful progress towards recovery, I will participate in an IPS Supported Employment Program connected with my treatment team. I will meet with my treatment team, IPS Employment Specialist and VR Counselor at least monthly, utilize agreed upon supports and follow through with responsibilities listed in my Job Support Plan in order to successfully obtain and maintain employment. This will be evidenced by self-report, confirmation during treatment team meetings/case staffing and continued employment.
   
   Progress Measure (Participating in an Individual Placement and Support Program): Through participation in IPS Supported Employment and working with my treatment team, I will work towards recovery. I will review with my treatment team, IPS Employment Specialist and VR Counselor when substance use is interfering with my job. This will be measured through self-report, treatment team report, supervisor report IPS Employment Specialist report.​
   

​

12. For all Workers’ Compensation cases, the IPE shall contain this statement:  “The carrier will be notified at time of employment and any termination or addition of services for which the carrier is paying some or all of the cost.” 
    
    
13. For Workers' Compensation cases, before planning training services, the counselor must send the insurance company a letter containing:  
        
    
    

1. Documentation from the former employer indicating there is no job (without restructuring) available within the company for the injured worker,
   
    

2. The proposed training program, duration, and the rationale for such a program,
   
    

3. Projected costs of the training program itemized (e.g., tuition and fees, textbooks and supplies, transportation, etc.),
   
    

4. Projection, insofar as possible, of the injured workers earning potential after the completion of the training program as compared to the current/continuing Workers' Compensation benefits,
   
    
5. Job Market Survey showing jobs that will exist upon completion of training, and
   
    

6. Name and address of the individual at the training institution to whom the carrier payment checks should be forwarded.
   
   
   Note: The Virginia Workers' Compensation Act requires that the carrier provide for reasonable and necessary rehabilitative training services for claimants if so directed by the Workers' Compensation Commission. If the carrier is so directed but refuses to voluntarily participate in DRS recommended program, the injured worker can appeal the carrier decision to the Workers' Compensation Commission. The injured worker must do this in writing and should include the above letter the DRS VR counselor sent the insurance carrier.
   
   
   
   Guidance: For guidelines on working with these cases, visit the Virginia Workers' Compensation Web site at http://www.vwc.state.va.us/sites/default/files/documents/Vocational-Rehabilitation-Guidelines.pdf
   
   
   

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[REVISED: 9/16/21]

1. Recorded on IPE.
   The established employment goal shall (per 2016 Federal Regulation 34 CFR § 361.45 (d)) be recorded on the Individualized Plan for Employment (IPE) (or amendment to the Plan).  
   
   
2. Specific.
   At a minimum, the established employment goal shall (per 2016 Federal Regulation 34 CFR § 361.46 (a)) describe a particular type of profession or occupation (i.e., clerical work). Use the O*Net code listing in AWARE Employment Plan screen. An employment goal of "supported employment" or "self-employment" is too vague. (per Federal Register Vol. 62, No. 28, February 11, 1997, page 6326). 
   
   
3. Employment outcome.
   The established employment goal shall (per Public Law 113-128, Title IV, Section 404, Sec 7) be competitive integrated employment (including customized employment) or supported employment. For definition of competitive integrated employment, see Chapter 11, CLOSURE, Policy 1, Section A2.) For definition of customized employment, see Chapter 11, CLOSURE, Policy 1, Section A2. For definition of supported employment, see Chapter 8.16, SUPPORTED EMPLOYMENT, Policy 1, Section A1.
   
   
4. Mutually agreed upon.
   The established employment goal shall (per 2016 Federal Regulation 34 CFR § 361.45 (d)) be mutually agreed-upon by the client and VR counselor.  It shall (per 2016 Federal Regulation 34 CFR § 361.46 (a)) reflect the client career interests and informed choice to the extent that those factors are consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual based on the results of the eligibility determination assessment and any additional needs assessments needed to develop the Employment Plan (see Chapter 6).  It shall consider the client current (and projected, if the disability is of a progressive nature) physical and mental condition and functional limitations (such as diminishing or increasing strength and energy). The counselor shall not agree to a goal that is inconsistent with these factors.
   
   Guidance 1: For a high school student with a disability (students in special education programs and those who are not), reflects the  current status since strengths, resources, priorities, concerns, abilities, and capabilities may change significantly during the transition years (per agency mandate). For example, assessment information older than three years from the date the student applies for the Vocational Rehabilitation program may require updating.
   
    
   Guidance 2: The client may be able to keep/return to same job, choose a different job goal not requiring re-training/school by using marketable or transferable skills, be qualified for other jobs with the current employer, etc. However, underemployment, certain changes in the job market or prognosis/functional limitations, etc. may make the work history become less of a factor in choosing an appropriate employment goal.
   
    
   Guidance 3: If the client has no work history or has a work history that does not include a recent job consistent with the client unique strengths, resources, priorities, concerns, abilities, and capabilities, consider job opportunities in the following order, consistent with the individual’s informed choice:
   
   

   Competitive integrated employment, then
   

   Supported employment
   

   Guidance 4: Resources to assist the consumer and counselor to establish the employment goal include OnetOnLine.org, Virginia Career View, VaView.VT.edu, Virginia Employment Commission, vocational evaluation, school counselors, local job market survey, etc.
   
   

5. Is not precluded by a felony conviction.
   A felony conviction precludes employment in certain occupations. A criminal background check is required by state law for the following: 

1. applicants for ABC license and certain ABC employees,
   
   
2. applicants for explosives blaster certification or handling permit,
   
   
3. applicants for mental health provider license,
   
   
4. employees and volunteers providing care to children, the elderly, and people with disabilities (specifically child care facilities, day care centers, child welfare agency, family day homes, nursing homes, juvenile residential facilities), 

5. fire departments,
   

6. law enforcement officers,
   

7. gun dealers,
   

8. hospital pharmacy employees,
   

9. lottery employees and sales agents,
   

10. private school employees,
    

11. private security services businesses, and
    

12. pari-mutuel wagering on horses.
    

Note: This Web site lists of some of the regulated occupations http://www.dpor.virginia.gov/ProfessionsAndOccupations/

6. Substance Use Considerations.
   Substance use, including marijuana (medical or recreational) may disqualify an individual from certain kinds of employment. Many employers mandate drug-free workplaces and require drug testing as a condition for employment. The counselor will need work with the individual on a case-by-case basis to determine whether the individual can obtain their desired employment goal consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Counseling and guidance should be provided that includes information on Virginia’s occupational and regulatory requirements regarding substance/marijuana use that could affect employment including the denial, revocation, suspension, or restriction of a license, certificate, or registration. For additional information, see Chapter 8.03 Counseling and Guidance, Policy 1A.  For information about Alcohol and Substance Abuse Assessment during Eligibility, See Chapter 4.01 Eligibility, Policy 2: Section A10.  For client legal issues, see Policy 2 of this chapter.
   

7. Job Market.
   T​​he fact that the local job market for the client desired employment goal may be limited should not by itself affect the appropriateness ​of that goal if the individual is willing to relocate to a market in which the particular job is available. On the other hand, if there is a limited local job market for the individual's desired employment goal and the individual is unwilling to relocate, then local job market conditions become a relevant factor in identifying employment options. 
   
   
8. Cost is not a consideration in goal selection.
   The counselor shall not consider the cost or the extent of vocational rehabilitative services that the client may need to achieve a particular employment goal. For example, the fact that an employment goal may require an advanced degree, while another may only require job retraining or job placement assistance, should not affect the determination of an employment goal. This does not preclude DRS from enforcing its consumer financial participation and comparable benefits policies.
   
   
9. Maximize employment outcome.
   If the client is interested in one employment goal requiring an associate degree and another goal requiring a bachelor degree, and the client has the ability and capability and interest to earn a bachelor degree, the counselor cannot use service cost as the reason to reject the latter goal.
   
   
10. Entry-level job.
    Entry level employment is an appropriate employment goal if the client is only capable of performing entry level work or if the client chooses an entry level job as the employment goal.
    
    
11. Advancement in employment.
    See Policy 2: Section B2 of this chapter.

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[REVISED: 9/16/21]

The extent to which DRS should assist individuals who are determined eligible to advance in their careers depends upon whether the individual has achieved employment consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual. Vocational rehabilitation services to an individual whose job is not consistent with these factors must assist that individual to obtain employment consistent with these factors and informed choice (per 2016 Federal Regulation 34 CFR §​ 351.52, see Chapter 1.6, INFORMED CHOICE).
​

Guidance 1: There should be evidence (vocational evaluation, comparison of job description to individual’s qualifications, situational assessment, etc.) that the individual is underemployed, there are disability-related barriers to advancement in employment, and the individual cannot remove or substantially reduce these barriers on their own but needs vocational rehabilitation services provided within a counseling and guidance relationship. DRS should not assist individuals who are in a job consistent with the individual’s strengths, etc. and who are choosing to change careers/occupations/jobs for reasons other than disability-related barriers to employment.

Guidance 2: Advancement in employment is not restricted to those in competitive employment. DRS may assist an individual in extended employment when an integrated setting becomes appropriate.

Guidance 3: Advancement in employment may include, but is not limited to, better employee benefits, part-time to full-time, increased salary or wages that reduces some or all public assistance amount received (but not doing same job for more money elsewhere), job promotion, change from unskilled or semi-skilled to skilled job, change from “dead end” job to one with career path or in a growth industry, change from employee to self-employment, when they reach retirement age during competitive employment and need VR services to remove or substantially reduce disability-related barriers to becoming self employed, etc.

​ 

[REVISED: 3/13/25]

​1. Marijuana Trade Employment

Because cultivating, purchasing, and selling marijuana is against federal law, such costs are not an allowable use of federal funds (21 U.S.C. §801 et seq.; 34 C.F.R. § 76.700).  DARS cannot assist clients in efforts to pursue job placement, training, or other activities in the marijuana trade or business.

2. Homemaker

Homemaker is not a permitted employment goal.  Homemakers do not earn a wage and are not engaged in competitive integrated employment (per 2016 Federal regulation 34 CFR 361.5(c)(9) and preamble to 2016 Federal regulation 34 CFR 361.5(c)(15)).

​

[REVISED: 4/9/18]

Guidance: The following sample progress measures are provided only to show how to: phrase them in a positive tone, focus on changes or outcomes, and include measurable criteria and progress evaluation methods. Counselors should customize the progress measures on a case-by-case basis and are not restricted to the wording shown in these samples.  Additional examples of how to relate counseling and guidance service to progress measures and serious functional limitations are in Chapter 8.03, COUNSELING, Policy 1.

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[REVISED: 5/1/16]

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[REVISED: 11/22/16]

1. The counselor shall place the case in Service – I status in AWARE when all planned services in the Individualized Plan for Employment (IPE) are interrupted.
   
   
2. The counselor shall (per 2015 Public Law 114-18, Title I, Section 102 (c) (2)) provide the Services Interrupted letter to notify the client in writing of the service suspension, the reason, and the right and avenues to appeal.
   
   
3. Services shall not be provided while the case is in Service - I status, except PAS may be provided consistent with PAS policy (see Chapter 8.13, PAS, Policy 1).
   
   
4. Supervisor pre-approval shall be required for the case to remain in Service - I status more than 18 months over the life of the case.
   
   
5. The counselor shall write a case progress note in AWARE at least every 90 days.
   
   
6. Reasons for  Service – I status include, but are not limited to: 
                                                                         

1. Incarceration less than 18 months 

 

2. Medical issues
   
    

3. Mental health issues
   
    

4. Alcohol or substance abuse relapse
   
    

5. Emergency in client family
   
    
6. Waiting for Grades and GPA to go back up
   
    
7. Client request - definite VR return date
   
    

8. Client request - indefinite VR return date
   
    

9. Lack of client progress
   
    
10. Lost contact with client
    
     

11. Other (specific reason must be noted in AWARE and letter to client)

6. Amending the IPE

[REVISED: 12/15/21]

1. Timing.
   The Individualized Plan for Employment (IPE) may be amended any time.  For IPE amendments needed at closure, see Chapter 11, CLOSURE, Policy 1,  
   
   
2. Mutual agreement.
   The IPE amendment shall (per 2016 Federal Regulation 34 CFR § 361.45) require the client (or representative, as appropriate) and DRS VR counselor mutual agreement.  The counselor may obtain the individual’s agreement by telephone call documented in the case notes, Certified Mail — Return Receipt Requested, fax, e-mail, or other appropriate method.  However, for any substantial changes to the IPE signatures are required. For formal appeals and continuation of services pending appeal, see Chapter 15, APPEALS. 
   
   
3. Signatures.
   The amendment shall not (per 2016 Federal Regulation 34 CFR § 361.45) take effect until the new signature page is signed by the required signatories (see Policy 1: Section A5 of this chapter), unless this policy does not require a signature.   At closure, see Chapter 11, CLOSURE, Policy 1, Section A2. 
   
   
4. Employment goal amendment.
   
   

   1. Signatures shall (per 2016 Federal Regulation 34 CFR § 361.45) be required to change the employment goal, even when there are no changes to progress measures, services, or service providers. At closure, see Chapter 11, CLOSURE, Policy 1, Section A2.
      
      

   2. The counselor shall update the Occupational Information Network (O*NET-SOC) Titles in AWARE when an employment goal is changed.

   
   
   
5. Services amendment.   
   
   

   1. Signatures shall be required to discontinue or delete a service already on the IPE, whether before or after the service is initiated.  However, signatures are not required when canceling hospital days authorized but not needed or fully utilized, or for an ancillary service not funded by DRS that is not directly related to achieving the employment goal. The counselor should try to recognize as early as possible when a planned service will not be necessary and should amend the IPE at that time rather than waiting until case closure. To delete services at case closure, see Chapter 11, CLOSURE.
      
      
      Cross-reference: For Service - I status when services provided under the IPE are interrupted after IPE implementation, see Policy 5 of this chapter.
      
      

   2. The counselor shall (per agency mandate) document in the client record (e.g., letter, case note, etc.) the justification for deleting or discontinuing the planned service, and cancel any unused authorized amount. If all services are being temporarily discontinued, use Service-I status and see Policy 5 of this Chapter.
      
      

   3. Signatures shall be required to add a new core service (e.g., training, school training, physical restoration services, vehicle or home modification, etc.). 
      
      
   4. Signatures are not required when:
      
      
   1. Authorizing additional diagnostic, evaluation, and assessment services.
      
      
   2. While client is hospitalized for VR services, authorizing a specialist or additional hospital days when recommended by the physician. 
      
      
   3. Adding a short-duration service required to support a service already being provided under the IPE.  Examples include: transportation, additional PAS hours and maintenance costs, interpreting and reader services, hearing aids, eyeglasses, work clothing, and WWRC ancillary services.
      
      
6. Service provider amendment.         
   Signatures shall be required to change the service provider.
   
   
7. Financial participation.
   Signatures shall be required to increase the client financial participation amount, but are not required to decrease it.
   
   
8. Other amendments.
   If the counselor anticipates consumer misunderstanding or disagreement regarding a change to the IPE that does not specifically require signatures, the counselor may, but is not required to, obtain signatures and initial each change before implementing the change.
   
   
9. Distribution of IPE amendment.
    

1. The counselor shall (per 2016 Federal Regulation 34 CFR § 361.45) provide a copy to all signatories in the native language, or appropriate mode of communication, and keep the signature page in the client record. AWARE stores the other pages either as a cloned plan or a new plan.
   
   
   
2. The counselor shall notify others (or provide a copy of the amendment) as appropriate (e.g., for Workers' Compensation case immediately notify the insurance carrier only when the carrier is paying all or part of the VR cost).                                                              

 

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​

​​​​​​​​​​​​​​​​Chapter 1.3 Contents:

[Revised: 9/24/26]

3. Documentation supporting the need for Trial Work Experience or Extended Evaluation to determine eligibility, and the TWE or EE plan, and results of the periodic review,
    
4. IPE and any amendments
   
   
5. Documentation describing the extent to which the client exercised informed choice in selecting eligibility assessment services; and -selecting the IPE employment goal, VR services, and providers and methods to procure the services, employment,​ and service settings; and justification if the setting is not integrated with non-disabled individuals
   
   
6. For a competitive employment outcome, verification  that the client is compensated at or above the minimum wage and that wage and benefits are not less than those customarily paid by the employer for the same or similar  work performed by non-disabled individuals
   
   
7. For an employment outcome in an extended employment setting in an ESO or under Section 14c of the Fair Labor Standards Act, documentation of the annual reviews and  either the client's input into the reviews or client acknowledgement that the reviews were conducted
    
8. Documentation concerning any action or decision resulting from a request for informal administrative review, formal mediation, or hearing (including administrative review of a hearing decision)
    
9. Client requests to amend or challenge the case record if the record is not amended
   
   

10. Documentation of information and referral services  provided if the case is in Delayed status under Order of Selection

11. For Closed- Rehabilitated, status, documentation that the provisions for successful case closure are satisfied

   12.  If applicable for clients 18 years of age and older, copies of a guardianship order or Power of Attorney in effect.

   13. Documentation not required to be contained in the case file pursuant to policy should not be retained to mitigate risk due to data breaches and potential exposure of client data.  For example, sensitive information, such as copies of Social Security cards, should ​not be retained except as required under Chapter 2.1, APPLICATION, Policy 1, Section A2.

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 ​

B. Client Right To Challenge VR Case Record Contents

[REVISED: 5/1/16]

1. Client right.
   The client has the right to challenge, correct, or explain information contained in the VR case record (per Government Data Collection and Dissemination Practices Act and § 2.2-3806 of the Code of Virginia).
   
   
2. Procedure.  
   
   
1. The client submits in writing (guideline up to 200 words) what is specifically challenged and an accurate and complete version of the information or justification why it should be purged.  If the client has a legal guardian or is under age 18, the request must come from the legal guardian or custodial parent.
   
   
2. The supervisor (or other custodian of record) forwards the client statement to the author/originating entity of the challenged information.  Only the originator can decide whether to amend or purge the challenged information.
   
   
3. If the decision is to purge, the supervisor informs the client, and removes the challenged information from the client record, and notifies everyone to whom the information was already released.    
   
   
4. If the decision is to amend, the supervisor replaces the old information with the amended information, and sends a copy of the amended information to everyone to whom the old information was released, and sends a copy of the amended information to the client.
   
   
5. If the decision is not to amend/purge, the supervisor notifies the client, and adds the client statement to the challenged information so they will be accessed/released together, and sends a copy of the client statement to everyone to whom the information was already released.
   
    

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C. Order of Documentation in Case Folder

C1. Scanning Standards

              

[REVISED: 11/22/16]

 Staff shall follow the standards in Scanning Standards form 262-VR-AD-002.

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C2. E-mails and other casework communications
 
[REVISED: 11/22/16]
Save electronically all e-mails and other casework communications. Where to save them is a judgment call, keeping in mind that information in AWARE case notes is saved forever while the client e-mail folder and shared drive folder is destroyed. Therefore, a combination of both is appropriate over the life of the case.
 
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C3. Case Closure Documentation
[REVISED: 1/21/99]
See Chapter 11, CLOSURE, Policy 1, Section C.

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D. Case Record is DRS Property
[REVISED: 3/1/08]
The VR case record is the property of DRS. The DRS local offices shall maintain electronic information not stored in AWARE and paper information until the information is properly destroyed.
Cross reference: For filing system and security, See Policy 2: Section C of this chapter.
Cross reference: For client access to case record, see Chapter 1.1, CONFIDENTIALITY, Policy 1, Section A3.
Cross reference: For records disposal, see Chapter 11, CLOSURE, Policy 2.
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2. Case Folder Filing System and Security
A. Filing Open Case Folders
[ REVISED: 3/1/08]
To ensure statewide uniformity and ease of use, all paper folders for open Vocational Rehabilitation program cases shall be filed alphabetically for each caseload (per agency mandate).
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B. Filing Closed Case Folders
[ REVISED: 1/21/99]
See Chapter 11, CLOSURE, Policy 2, Section A1.

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C. Case Record Security
[REVISED: 7/1/12]
DRS staff, DRS medical consultants, and DARS Central Office staff shall safeguard all client information in work areas and outside the office from loss, defacement, unauthorized changes, access by unauthorized persons, or client access to restricted information (per Government Data Collection and Dissemination Practices Act and § 2.2-3800 of the Code of Virginia). The supervisor shall institute office procedures, including storing information out of plain view at the end of the day, and locking the office when it is unattended to safeguard client information. DRS staff who violate DRS policies and procedures to safeguard the confidentiality of client personal information may be subject to disciplinary action under the Commonwealth’s Standards of Conduct.
Cross reference: For policies and procedures regarding exchange of client confidential information, see Chapter 1.1, CONFIDENTIALITY, Policy 1. For subpoenas, see Chapter 1.1, CONFIDENTIALITY, Policy 4. For mandatory reporting of suspected abuse or neglect, see Chapter 1.1, CONFIDENTIALITY, Policy 5.
Cross reference: For client and parental access to case record, see Chapter 1.1, CONFIDENTIALITY, Policy 3.
Cross reference: For custodian of records, See Policy 3 of this chapter
Cross reference: For policies and procedures for filing paper folders for closed cases and disposing of records, see Chapter 11, CLOSURE, Policy 2.

 
 
 

3. Custodian of Record
[ REVISED: 10/1/15]
The DARS Commissioner designated the supervisor, or in his or her absence, the DRS Director as the custodian of records for clients of the Vocational Rehabilitation program (including the Supported Employment program).
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4. Case Transfer to Another Counselor
A. Procedure to Transfer a Case to Another Counselor
[REVISED: 3/1/08]
The counselor transferring the case shall:
1. Obtain pre-approval from your supervisor.
   
   
2. Discuss the transfer with the customer unless it is not feasible.
   
   
3. Discuss the case and transfer with the receiving counselor (or supervisor of the receiving office if a receiving counselor has not been assigned).
   
   
4. Review the case materials to ensure they are up-to-date and in good order, all required materials are present, etc.
   
   
5. Pay all outstanding authorizations possible. Cancel any outstanding authorizations that should be canceled.
   
   
6. Forward the entire paper folder to the receiving counselor or receiving office, as appropriate. (For required contents of paper folder, See Policy 1: Section C of this chapter. ​
 
 

B. Procedure to Receive a Case from Another Counselor
[REVISED: 10/1/15]
The counselor receiving the case shall:
1. Review the case materials to become knowledgeable about the customer and case.
   
   
2. Discuss any documentation issues or other concerns with your supervisor.
   
   
3. Notify (e-mail is acceptable) the originating counselor’s regional office of acceptance of the transfer. Notification must include the customer’s name and case number, and the caseload number of the receiving counselor. Upon notification, the regional office will update AWARE.
   
   
4. If the client is receiving services at Wilson Workforce and Rehabilitation Center (WWRC), notify the Center of the case transfer.
   
   
5. See the consumer within 30 days after the transfer to initiate a counseling relationship.​​

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​

​Chapter 1.2 Contents:​

a.  alleges that DRS or DARS caused injury to the consumer or damaged the consumer's property,

b.  seeks a liability-related legal action against DRS or DARS, or

c.  injures another person or does property damage to an employer during a situational assessment or unpaid work experience.

a.  immediately notify the supervisor, district manager, and DARS claims coordinator in General Services, and

b.  send a completed Vocational Rehabilitation Accident-Incident Report Form (RS-22) to the DARS General Services' staff designee.

​Chapter 8.13 Contents:

• Chapter 8.13. - PERSONAL ASSISTANCE SERVICES (PAS)
• 1. Personal Assistance Services (PAS)
• A. Eligibility for Personal Assistance Services (PAS)
• B. PAS Procedure
• 2. Qualified Vendor for PAS
• 3. Requesting Vendor Payment for PAS
• A. Requesting Vendor Payment for Consumer-Directed PAS
• B. Requesting Vendor Payment for Agency-Managed VR PAS

[REVISED: 9/24/26]