Vocational Rehabilitation Services Manual B-400: Completing the Comprehensive Assessment

34 CFR §361.5(c)(5)

"Assessment for determining eligibility and vocational rehabilitation needs means, as appropriate in each case—

(i)(A) A review of existing data—

(1) To determine if an individual is eligible for vocational rehabilitation services; and

(2) To assign priority for an order of selection described in §361.36 in the States that use an order of selection; and

(B) To the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make the eligibility determination and assignment;

(ii) To the extent additional data are necessary to make a determination of the employment outcomes and the nature and scope of vocational rehabilitation services to be included in the individualized plan for employment of an eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment, of the eligible individual. This comprehensive assessment—

(A) Is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the individualized plan for employment of the eligible individual;

(B) Uses as a primary source of information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements—

(1) Existing information obtained for the purposes of determining the eligibility of the individual and assigning priority for an order of selection described in §361.36 for the individual; and

(2) Information that can be provided by the individual and, if appropriate, by the family of the individual;

(C) May include, to the degree needed to make such a determination, 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;

(D) May include, to the degree needed, 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, 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; and

(E) To the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community and in other integrated community settings;

(iii) 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; and

(iv) An exploration of the individual's abilities, capabilities, and capacity to perform in work situations, which must be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training."

34 CFR §361.45

"(f) Data for preparing the individualized plan for employment.

(1) Preparation without comprehensive assessment. To the extent possible, the employment outcome and the nature and scope of rehabilitation services to be included in the individual's individualized plan for employment must be determined based on the data used for the assessment of eligibility and priority for services under §361.42.

(2) Preparation based on comprehensive assessment.

(i) If additional data are necessary to determine the employment outcome and the nature and scope of services to be included in the individualized plan for employment of an eligible individual, the State unit must conduct a comprehensive assessment of the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment services, of the eligible individual, in the most integrated setting possible, consistent with the informed choice of the individual in accordance with the provisions of §361.5(c)(5)(ii).

(ii) In preparing the comprehensive assessment, the State unit must use, to the maximum extent possible and appropriate and in accordance with confidentiality requirements, existing information that is current as of the date of the development of the individualized plan for employment, including information—

(A) Available from other programs and providers, particularly information used by education officials and the Social Security Administration;

(B) Provided by the individual and the individual's family; and

(C) Obtained under the assessment for determining the individual's eligibility and vocational rehabilitation needs."

Information, including additional assessments, used to determine eligibility for VR services can also be used for completing the comprehensive assessment. For more information, see B-308: Assessments.

However, to the greatest extent possible, the comprehensive assessment should be based on the customer's experiences in competitive integrated employment and in other integrated community settings.

The comprehensive assessment is intended to:

• clarify the customer's vocational interests and aptitudes;
• assess the marketability of the customer's present and potential skill levels;
• describe the types of services needed to improve the customer's skills;
• identify the best use of rehabilitation technology; and
• identify other needs and issues that are relevant to VR services.

The VR counselor ensures that assessments are provided in the most individualized and most integrated setting possible that is consistent with the customer's informed choice.

Examples of assessments that may be necessary to gather information to complete the comprehensive assessment may include:

• psychological or neuropsychological evaluations;
• vocational evaluations;
• functional capacity evaluations;
• low-vision evaluations;
• assistive technology evaluations; or
• situational assessments.

See D-202: VR Staff Responsibilities to determine whom to contact for help interpreting assessments or for recommendations on additional assessments.

B-403-1: Required Assessments

In some cases, the VR counselor must obtain required documentation before planning services, to ensure that the proper VR services are offered.

Post-secondary Training

When considering vocational or academic training, the VR counselor ensures that the case file includes documentation that demonstrates the customer's ability to successfully complete the training. Examples of documentation include, but are not limited to transcripts or academic assessments. See C-400: Training Services for more information.

Medical Services

When considering medical services such as surgeries, therapies, or post-acute brain injury services, see C-700: Medical Services. All required approvals and consultations must be completed prior to including a service on the customer's IPE.

Other VR Services

In each instance, the VR counselor reviews the relevant chapter in the Vocational Rehabilitation Services Manual (VRSM) on each service to ensure that the required assessment is completed for planning the service.

B-403-2: Specialized Assessment and Evaluations

When completing the comprehensive assessment, it may be necessary to obtain condition-specific or service-specific assessments.  Refer to the following VRSM and VR-SFP chapters for additional information on the following:

• Assistive Technology Unit Evaluation (see C-202: Assistive Technology Unit Services)
• Environmental Work Assessment (see VR-SFP Chapter 4: Employment Assessments, 4.5 Environmental Work Assessment)
• Career Planning Assessment (see VR-SFP Chapter 4: Employment Assessments, 4.6 Career Planning Assessment)
• Intensive Work Preparation and Life Skills Training Program Assessment (see C-900: Intensive Work Preparation and Life Skills Training)

B-403-3: Comprehensive Vocational Evaluation System

The Comprehensive Vocational Evaluation System (CVES) is the only test battery designed and standardized for a person who is blind or has significant visual impairment. The CVES is a neuropsychological, psychological, or vocational assessment depending on the qualifications of the person administering and interpreting it.

For a customer with a significant visual impairment, the VR counselor must only purchase comprehensive psychological and vocational evaluations from a psychologist certified to administer the CVES. For a more limited assessment, such as to evaluate only for emotional functioning without intellectual or vocational measurement, CVES certification is not required.

To verify an evaluator's certification to administer comprehensive psychological or vocational evaluation to a customer with significant visual impairment, contact the TWC Vocational Diagnostic Unit (VDU) by emailing vr.vdu@twc.texas.gov.

VR has authority to obtain a Computerized Criminal History check (CCH) on customers from the Texas Department of Public Safety (DPS) (Texas Government Code, §411.117) for the purpose of employment planning. See A-207: Confidentiality and Use of Customer Records and Information for more information.

B-405-1: Obtaining and Maintaining Computerized Criminal History Check Results

Occupations requiring a license, permit, or other credential may include a CCH as part of the credentialing process.

If a customer wants to work in an occupation or participate in a training program requiring a license, permit, or other type of credentialing, the VRC should explain to the customer why the CCH is necessary and document in a case note the reasons for obtaining the CCH, along with a summary of the discussion with the customer.

Requests for the CCH can be submitted only on cases determined eligible or that are in active status.

When to Request a CCH

Request a CCH using the VR1510, Request for Customer Computerized Criminal History (CCH) Search, after an eligibility determination has been made, when:

• At the customer's request, if a customer has reported to the counselor difficulty in obtaining employment due to a history of felony conviction or
• Prior to signing an Individualized Plan for Employment (IPE), if a customer wants to work in an occupation that requires a license or other credential and he or she does not hold a valid license or credential in that occupation
  • Provide the customer with information about the impact of certain criminal offenses on whether the person will be eligible to obtain the required credentials to engage in specific employment outcomes.
  • If a customer's CCH shows a criminal history and the occupational goal is licensed by the Texas Department of Licensing and Regulation (TDLR), you must request a criminal history evaluation to determine whether the customer's criminal history will prevent him or her from being licensed in that occupation. (See the TDLR Criminal History Evaluation Letter page for more information.)
  • For occupations not licensed by TDLR, contact the appropriate licensing entity to determine if it is feasible for the customer to be licensed.
  • Do NOT select as a vocational goal any occupation for which TDLR or any other licensing entity has determined that the customer may not be licensed.

The CCH can be used in planning for the possible use of Employment Service Criminal Background Premium. 

Making the Name-Based CCH Request

Complete the VR1510, Request for Customer Computerized Criminal History (CCH) Search, and email it to the regional point of contact with the following subject line (to ensure encryption): "<ENCRYPT> Background Check Request"  To find the list of regional points of contact for CCH, see POCs for Computerized Criminal History Reports.

Refer to A-208-2: Release of Customer Criminal History Records for policy and procedure regarding the release of a CCH.

B-405-2: Referrals to the Criss Cole Rehabilitation Center

Once a VR counselor refers a customer to the Criss Cole Rehabilitation Center (CCRC), the designated CCRC admissions staff member will run the CCH report. For more information, refer to C-500: Criss Cole Rehabilitation Center.

B-405-3: When Fingerprinting Is Needed

If multiple names come up in a CCH search, the VR counselor can use the CCH results only if:

• the customer can verify the details of the CCH;
• the VR counselor can verify that the customer is the correct individual based on the photograph that accompanies the results;
• the VR counselor can identify the customer by any unique distinguishing marks or tattoos; or
• the VR counselor can identify the customer through alternative forms of identification, such as a Texas photo ID number or Social Security number displayed on the CCH.

Fingerprinting

If verification cannot be made through the means listed above, the VR counselor contacts the State Office Program Specialist for Employment Re-entry, Work Experience and Proprietary Schools,  to obtain a fingerprint-based CCH at VR's expense. Alternatively, the customer may go to the Texas Department of Public Safety independently to obtain a fingerprint-based CCH; however, VR will not pay for this cost.

If a customer reports to be from another state in the United States, a fingerprint-based CCH is recommended.

For additional information on making a fingerprint-based CCH, refer to D-510-6: Fingerprint Procedures.

B-405-4: Evaluating and Documenting Computerized Criminal History Results

CCH Documentation

To document a CCH in ReHabWorks (RHW), the VR counselor does the following:

1. Enters a case note explaining what counseling and guidance was offered to the customer about selecting his or her vocational goal and obtaining a CCH before the customer and the VR counselor agree to the content of the IPE.
2. Enters a case note confirming that a CCH was requested using the procedure indicated and why it was requested. Any RHW case note topic may be used, but "CCH Request" must be included in the Add to Topic section of the case note.
3. After the CCH results are received, discusses the implications of the results with the customer.
4. Documents how the implications of the CCH affect the selection of the vocational goal. Do not cut and paste or otherwise include the specific details obtained from the CCS, for example, the dates and types of convictions, in the case note.

The VR counselor must use the following process to handle and destroy CCH results:

1. The CCH results must be purged and destroyed (for example, deleting from email and then deleting from the Deleted folder in the email application, such as Outlook) immediately after the criminal history record has served the immediate purpose for which it was obtained. For example, after the VR counselor discusses the implication of the CCH results with the customer, the VR counselor immediately destroys the CCH results.
2. VR may release the fingerprint-based CCH results to the customer or customer’s representative if there is a valid release or written request prior to the destruction of the fingerprint CCH results by the VR counselor.
3. The name-based CCH results are not to be printed for any reason.
4. The CCH results are not to be stored in a paper case file or the customer’s virtual case file under any circumstances.

CCH reports are often incomplete and difficult to interpret. For assistance, refer to the guidance document on interpreting CCHs or consult the regional office CCH representative, the VR supervisor, the State Office Program Specialist for Employment Re-entry Work Experience and Proprietary Schools, or TWC's Office of General Counsel (OCG).

After the VR counselor obtains OGC's interpretation of the CCH report and determines that a customer's criminal history would preclude the customer from obtaining a license through the Texas Department of Licensing and Regulation (TDLR), the VR counselor must notify the customer of the determination. The customer may request a criminal history evaluation directly from TDLR.  For instructions on how to submit a request to TDLR, refer to the TDLR Criminal History Evaluation Letter.

For occupations not licensed by TDLR, the VR counselor contacts the appropriate licensing entity to obtain an opinion about licensing as it relates to criminal history. The VR counselor must not support or include a vocational goal on an IPE for any occupation for which TDLR or another licensing agent has determined that the customer may not be licensed. The VR counselor documents the result of the customer's inquiry to TDLR or other licensing entity.

Releasing the CCH Results

For additional information on releasing CCH results, refer to VRSM A-208-2: Release of Customer Criminal History Records.

Explaining and/or sharing information about a comprehensive assessment with a customer is a valuable counseling and guidance service (see C-100: Counseling and Guidance) that can help the customer better understand:

• the disability and its impact on employment;
• strategies to overcome the impediments created by the disability; and
• how to select an employment goal that that will increase the opportunity for a successful outcome.

The VR counselor does not share information that might be harmful to the customer directly with the customer. If, based on their professional judgment, the VR counselor believes that sharing certain information will be harmful to the customer, the VR counselor coordinates an appointment between the customer and the physician or psychologist who provided the report that contains the information that is believed to be harmful; the physician or psychologist will decide whether or not to disclose the information during that appointment.

The VR counselor discloses medical and psychological records to the customer (and/or representative) only as allowed under the guidelines on release and confidentiality of customer records in D-305: Confidentiality and Use of Customer Records and Information.