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

Rob Tabor rob.tabor at sbcglobal.net
Mon Apr 26 00:44:17 UTC 2010


David, sorry for jumping the gun. I had not seen your determination that the 
discussion was off topic before responding. Have a great evening
Rob Tabor
----- Original Message ----- 
From: "David Andrews" <dandrews at visi.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Sunday, April 25, 2010 1:02 PM
Subject: Re: [blindlaw] Fw: questions concerning informed choice, and Db's 
policy concerning out of state services


> 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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