[blindlaw] Fw: questions concerning informed choice, and Db's policy concerning out of state services

David Andrews dandrews at visi.com
Sun Apr 25 18:02:24 UTC 2010


This is not really an appropriate question for Blind Law.  While 
someone could jump through several hoops and say that it encompassed 
legal considerations -- this is a stretch at best.

Dave

At 02:31 AM 4/25/2010, you wrote:
>I raised the question in the past but did not get an answer. 
>Therefore, I will restate it.
>What does the NFB do to advocate for those in states whose state 
>agencies do not provide funding for them to attend NFB centers. 
>Secondly, what other means of funding are available for blind people 
>to attend NFB centers who for various reasons do not receive VR 
>funding? In other words, does the NFB m;ake funds available for 
>those worthy and willing to attend but have no other means?
>Chuck
>----- Original Message ----- From: "Tim Shaw" <timandvickie at hotmail.com>
>To: <blindlaw at nfbnet.org>
>Sent: Saturday, April 24, 2010 11:02 AM
>Subject: Re: [blindlaw] Fw: questions concerning informed choice, 
>and DBS's policy concerning out of state services
>
>
>>
>>As a person working for a similar agency will telly ou they will 
>>infact deny you sending you to the lousiana center unless you can 
>>come up with specific reason that you need to attend that center of 
>>their own. For example fi you were going to go into a specific 
>>vocational field and the other center had a program geared toward 
>>it while theirs did not. That is what the statement on out of state 
>>triaining is saying. If you can not show that there is a training 
>>aspect that will be provided their that you need that is not 
>>offered in state then they will only support the cheaper in state 
>>training. My advice would be to find someone you know that lives in 
>>lousiana and use their address to oopen a case there and get the 
>>lousiana agency to send yu to the center. That would be much less 
>>of a head ache
>>
>>>From: joltingjacksandefur at gmail.com
>>>To: blindlaw at nfbnet.org
>>>Date: Fri, 23 Apr 2010 00:52:18 -0400
>>>Subject: [blindlaw] Fw: questions concerning informed choice, and 
>>>DBS's policy concerning out of state services
>>>
>>>Here's the attachment she sent. Its been scanned as well. I'd like 
>>>your feed back. RJ
>>>----- Original Message ----- From: Howard-Davis, Bobbie
>>>To: RJ Sandefur
>>>Sent: Thursday, April 22, 2010 11:51 AM
>>>Subject: RE: questions concerning informed choice, and DBS's 
>>>policy concerning out of state services
>>>
>>>
>>>Mr. Sandefur, please accept my condolence to you on the lost of your mother.
>>>
>>>If you need some adjustment to blindness training at this time, we 
>>>can reopen your file and refer you the Lighthouse for the Blind of 
>>>the Palm Beaches at this time for training.
>>>
>>>
>>>
>>>I am also attaching a copy the Division's policy on Informed 
>>>Choice to help you in making your decision about training.
>>>
>>>
>>>
>>>I know you are aware of the DBS policy on Out-State-Services, 
>>>because you attached it to your e-mail.
>>>
>>>
>>>
>>>In order to assist you with training services, please call our 
>>>office and ask to have your case reopen for services at 
>>>561-681-2448 or 866-225-0794.
>>>
>>>
>>>
>>>
>>>
>>>Bobbie Howard-Davis
>>>
>>>District Administrator
>>>
>>>
>>>
>>>
>>>--------------------------------------------------------------------------------
>>>From: RJ Sandefur [mailto:joltingjacksandefur at gmail.com]
>>>Sent: Monday, April 19, 2010 10:09 AM
>>>To: Howard-Davis, Bobbie
>>>Subject: questions concerning informed choice, and DBS's policy 
>>>concerning out of state services
>>>
>>>
>>>Dear Mrs. Davis, My name is Robert Sandefur, I have some questions 
>>>for you concerning my right to informed choice, and the DBS policy 
>>>concerning out of state services. In 1999, I attended the 
>>>rehabilitation center, which is now the orientation and adjustment 
>>>center, and did not find the experience to be a pleasant one. In 
>>>2004, I closed my case with DBS, due to a disagreement with my 
>>>councilor at the time. However, due to having recently lost my 
>>>mother, and other factors, I believe I am in need of some 
>>>adjustment to blindness training, and this training should be 
>>>conducted at the Louisiana center for the blind. (LCB) I was 
>>>looking at the DBS web sight and came across the policy concerning 
>>>out of state services:
>>>Out of State Services
>>>DIVISION POLICY 6.14
>>>
>>>SUBJECT
>>>Out of State Services
>>>
>>>EFFECTIVE DATE
>>>July 9, 2003
>>>
>>>REVISION DATE
>>>February 14, 2008
>>>
>>>EXPIRATION DATE
>>>This policy will be reviewed annually and updated as needed.
>>>
>>>PURPOSE
>>>
>>>To provide guidelines for the provision of out-of-state services.
>>>
>>>AUTHORITY
>>>34 CFR 361.50(b)
>>>
>>>POLICY
>>>The Florida Division of Blind Services has established a 
>>>preference for in-State services, provided that the preference 
>>>does not effectively deny an individual a necessary service. If 
>>>the individual chooses an out-of-State service at a higher cost 
>>>than an in-State service, and either service would meet the 
>>>individual's rehabilitation needs, the designated State unit is 
>>>not responsible for those costs in excess of the cost of the 
>>>in-State service. However, if the out-of-state services provides a 
>>>unique service to meet the individual's rehabilitation plan, the 
>>>Bureau Chief should be contacted to approve or disapproval such a service.
>>>
>>>Original signed by Michael Elliott, Bureau Chief, February 14, 
>>>2008 But compare this with a directive from RSA. policy as stated 
>>>in 2001 in RSA PD-01-03:
>>>
>>>
>>>POLICY STATEMENT: The State VR program must provide applicants
>>>and individuals eligible for VR services with opportunities to
>>>exercise informed choice throughout the VR process, including making
>>>decisions about the employment goal, VR services, service providers,
>>>settings for employment and service provision, and methods for
>>>procuring services. To enable an individual to make such decisions,
>>>the State VR agency must provide information, support and assistance
>>>needed by the individual. The VR agency has the responsibility to
>>>implement policies, procedures, and practices, and to develop
>>>resources that enable applicants and individuals eligible for VR
>>>services to exercise informed choice throughout the entire VR process;
>>>these policies, procedures, and practices must be consistent with
>>>Federal statutory and regulatory requirements. Mrs. Davis, Does 
>>>this mean, that DBS can tell me, "RJ, we're denying your request 
>>>to attend LCB, due to causts?" I do realize I'd have to open a new 
>>>case with DBS, since the previous one was closed in 2004. For your 
>>>convience, I've attached a document explaining what LCB is, 
>>>although I'm shure you know who they are. Mrs. Davis, This is only 
>>>an inquiry, and I wish to get my facts so that I'll be able to 
>>>have enough information in order to make an informed choice as to 
>>>where to go from here. I did study with a Seminary, and obtain my 
>>>master of theology, in 2006, and I was licensed by my church to 
>>>preach in 2005. It was tough loosing Mom, and I know, she'd want 
>>>me to continue doing what I believe the Lord has called me to do. 
>>>However, How am I going to be an effective minister, if I don't 
>>>have the blindness training, needed to sirvive? Another concern I 
>>>have, is I have learned some ministers start out as by-vocational. 
>>>In 2004, until now, I didn't see that aspect of it. I have a 
>>>batchors degree in criminal justice. Another not so wise disision 
>>>on my part. Mrs. Davis, I look forward to your answer. Sencerly, 
>>>Robert Sandefur





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