​​Chapter 8.22 Contents:

[REVISED: 11/22/16]

  1. Definition.
    Post-employment services (PES) means (per 2016 Federal Regulation 34 CFR § 361.5 (c)(42)) one or more vocational rehabilitation services identified in 2016 Federal Regulation 34 CFR § 361.48 that are provided after Closed - Rehabilitated under the amended Individualized Plan for Employment (IEP), called a Post-Employment Services (PES) Plan, to maintain, regain, or advance in employment.

  2. Needs assessment at 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.

  3. Needs assessment at Closed - Rehabilitated.
    When closing the case in Closed - Rehabilitated, the counselor shall re-evaluate the need for PES and shall (per 2016 Federal Regulation 34 CFR § 361.56 (d)) inform the client through appropriate modes of communication of the availability of PES.

  4. Counselors shall not code a PES case as significant disability (SD) or most significant disability (MSD) unless the case was so coded before closure in Closed - Rehabilitated.

  5. Signatures.
    The same signature requirements for minor and substantial amendments for an IPE also apply to the PES Plan (see Chapter 5, PLAN, Policy 1, Section C4).  The signature page must be saved; however, PES Plans that do not require a signature are saved in AWARE.  

  6. OOS.
    When DARS is operating under Order of Selection, see Chapter 2.2, ORDER OF SELECTION, Policy 2 for supervisor pre-approval requirements for PES.

  7. Draft PES Plan.
    The counselor may draft the PES Plan on the paper form while the VR case is still open because the AWARE PES screen is not accessible for open cases. 

  8. Consumer Financial Participation                                                                                                                                                                                                                               
    Non-assessment services provided under a PES Plan are subject to consumer financial participation policies (per 2016 Federal Regulation 34 CFR § 361.54​), see Chapter 14.3. FINANCIAL PARTICIPATION.​

  9. PES Plan screen.
    To move the case into PES status, the counselor shall complete the Post-Employment Plan screen in AWARE.

  10. SE clients.
    For individuals in Supported Employment (SE), the counselor may authorize ancillary vocational rehabilitation services, but not long term follow along, under a PES Plan.  To authorize ancillary vocational rehabilitation services, the counselor shall use the appropriate agency fund code (see Virginia DRS Supported Employment Guide).

  11. Training as PES.
    The counselor may authorize training under a PES Plan only when the employment outcome at case closure 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 resulting in either a substantial reduction or termination of post employment services.  

  12. For provision of services, see the policy for the specific service.  

  13. Encumbering funds.
    Purchased services shall be subject to DRS established purchasing policies and procedures.  For encumbering funds, see Chapter 14.1, PURCHASING, Policy 1.   

  14. PES versus opening a new case.
    The counselor may authorize PES only when all the following criteria are met, otherwise a new application, case, eligibility assessment, and IPE are needed: 
      1. The most recent case has been closed in Closed - Rehabilitated status (per 2016 Federal Regulation 34 CFR § 361.5 (c)(42)).  There is no deadline to request PES; and

      2. The physical or mental condition is stable or slowly progressive, and there is no new and distinct disabling condition; and

      3. PES (per 2016 Federal Regulation 34 CFR § 361.5 (c)(42)) 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

      4. The provision of PES is directly related to the primary disability; and

      5. The rehabilitation needs do not (per 2016 Federal Regulation 34 CFR § 361.5 (c)(42)) require a complex or comprehensive provision of services and service needs should be limited in scope and duration.  Supported employment (SE), home modification, vehicle modification, etc. are not PES.  

 
 

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.