[nagdu] a blind consumer's Right to Choose rehab training (federal regs)

Rovig, Lorraine LRovig at nfb.org
Thu Nov 10 15:40:04 UTC 2011


Dear NAGDU Members,
        I'm sighted and I've met, talked with, watched, helped, and learned from, not a handful, but several thousands of blind folks since becoming an NFB member in 1975. I can and do affirm that very few states have training centers that graduate students with all-around skills equal to those possessed by the graduates of the three NFB training centers. The state programs that I've noticed do the best training among the states are, guess what, also the programs that use NFB training techniques.  Some states do good to okay training in some skills; many states and private agencies have training programs that I classify as "poor to dismal" and most blind persons in those states with substandard training who show good skills most often learned from personal trial and error plus learning from other blind persons. (Example: Every time our annual convention is in a hotel with an escalator, I see blind persons teaching blind persons how to use it.) (Example: Why do we need Hadley to teach folks Braille--which we certainly do? Why isn't the state agency teaching Braille and doing a good job at it?) In addition, the attitude toward their blindness possessed by NFB center graduates is a great help to them in getting ahead. Remember what Dr. Jernigan said about baking bread?
        If the training in blindness skills is poor to dismal in your agency, read what Dick Davis sent you in his email below. And if the listserv does not permit attachments; if you need a "prettier" copy to hand to authority figures, email Dick Davis to email it to you. His email address is ddavis at blindinc.org.
        And may I remind folks that this regulation is in place because of the hard work of the members of the National Federation of the Blind? It has already helped many blind Americans (and some international guests) to get the training they needed. What do they teach? Here is a link to the 3 NFB centers: http://www.nfb.org/nfb/training_centers.asp?SnID=859795795.
        If you want to go to an NFB training center, start by reading the regs, then talk with your state's NFB affiliate president to get your backup in place and your strategy. Dr. Jernigan often said, "The way to eat an elephant is one bite at a time."

Cordially,
Lorraine Rovig
-----Original Message-----
From: Dick Davis [mailto:ddavis at blindinc.org]
Sent: Thursday, November 10, 2011 9:54 AM
To: Rovig, Lorraine
Subject: RE: [nagdu] FW: Why good O&M training is so important [Oregon notes]

Lorraine,
Interesting discussion.  Why don't you post the attached on the NAGDU
list?  I have also included it below.  It is a policy directive, which
tells state agencies how to interpret and implement the Rehab Act and
Regulations.  It may help those people who are trying to go to NFB
centers, but are not allowed to. One of the most interesting things about
it is the laundry list of all the things state agencies are required to
provide to facilitate informed choice. But do they?
Dick Davis

UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND
    REHABILITATIVE SERVICES
REHABILITATION SERVICES ADMINISTRATION
WASHINGTON, DC 20202

                                                                POLICY
DIRECTIVE

RSA-PD-01-03
                                                                DATE:
January 17, 2001

ADDRESSEES:     STATE VOCATIONAL REHABILITATION AGENCIES (GENERAL)
                        STATE VOCATIONAL REHABILITATION AGENCIES (BLIND)
                        STATE REHABILITATION COUNCILS
                        CLIENT ASSISTANCE PROGRAMS
REGIONAL REHABILITATION CONTINUING EDUCATION PROGRAMS
AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES PROJECTS
RSA SENIOR MANAGEMENT TEAM

SUBJECT:                Implementation of Informed Choice

BACKGROUND:     The Rehabilitation Act of 1973, as amended (the Act),
makes it clear in its policy statement that all programs, projects and
activities funded under the Act must be "carried out in a manner
consistent with the principles of respect for individual dignity, personal
responsibility, self-determination, and pursuit of meaningful careers,
based on informed choice, of individuals with disabilities"  (section
2(c)(1) of the Act).  The Rehabilitation Act Amendments of 1992 introduced
the principle of "informed choice" into the statute and provided
individuals with disabilities expanded opportunities for increased
involvement in the direction of their vocational rehabilitation (VR)
programming.  The Rehabilitation Act Amendments of 1998 (the 1998
Amendments) strengthened the previous requirements related to informed
choice and introduced additional requirements that expanded opportunities
for increased participation of individuals with disabilities in developing
and implementing their VR programs.

This policy is reinforced in section 100(a)(3)(C) of the Act which states
that the State VR program must be carried out in a manner consistent with
the following principle:  "Individuals who are applicants for such
programs or eligible to participate in such programs must be active and
full partners in the vocational rehabilitation process, making meaningful
and informed choices-- (i) during assessments for determining eligibility
and vocational rehabilitation needs; and (ii) in the selection of
employment outcomes for individuals, services needed to achieve the
outcomes, entities providing such services, and the methods used to secure
such services."

The purpose of this Policy Directive (PD) is to describe how the VR
program can work with applicants and eligible individuals to ensure their
full participation, based on informed choice, throughout the
rehabilitation process. Since the implementation of informed choice makes
demands on both the individual and the VR program, this PD also discusses
the roles of the individual, the VR counselor, and the State VR agency in
carrying out their responsibilities.

Legal Requirements Related to Informed Choice

The 1998 Amendments consolidated all of the essential statutory
requirements related to informed choice in a new stand-alone section -
section 102(d).  This section of the Act requires each VR agency to
develop and implement written policies and procedures that enable each
applicant or eligible individual  to exercise informed choice throughout
the entire rehabilitation process.  These policies and procedures must be
developed in consultation with the State Rehabilitation Council, if the
agency has a Council, and must require the State VR agency to:

.       inform each applicant and individual eligible for VR services,
through appropriate modes of communication, about the opportunities to
exercise informed choice throughout the VR process, including the
availability of support services for individuals who require assistance in
exercising informed choice;

.       assist applicants and eligible individuals in exercising informed
choice in making decisions related to the provision of assessment
services;

.       provide or assist eligible individuals in acquiring information
that enables them to exercise informed choice in the development of their
individualized plans for employment (IPE) with respect to the selection of
the employment outcome, VR services and service providers, the employment
setting and the settings in which the services will be provided, and
methods for procuring services;

.       develop and implement flexible procurement policies and methods
that facilitate the provision of services and afford eligible individuals
meaningful choices among procurement methods; and

.       ensure that the availability and scope of informed choice is
consistent with the obligations of the VR agency.

The Act requires the State VR agency to ensure that applicants and
eligible individuals, or their representatives, are provided information
and support services to assist them in exercising informed choice
throughout the VR process (section 101(a)(19) of the Act). Section
103(a)(2) of the Act states that counseling and guidance services include
information and support services to assist an individual in exercising
informed choice, reinforcing the facilitative and supportive role of the
VR counselor in assisting individuals with disabilities to exercise
informed choice.

The implementing regulations at 34 CFR 361.52(c) specify the minimum
information about services and service providers that must be provided by
the State VR agency to applicants and eligible individuals during the
process of developing the IPE. The information must include:  the cost,
accessibility, and duration of services; the types of services; the degree
to which service settings are integrated; the qualifications of service
providers; and, to the extent available, information about consumer
satisfaction with those services.  The regulations also suggest various
methods and sources for acquiring information about services and
providers.

The opportunity for the individual to exercise informed choice requires
special emphasis during the development of the IPE.  Section 102(b)(1)(A)
of the Act provides the individual with a choice of options for developing
the IPE.  These include: (1) the individual developing all or part of the
IPE; or (2) the individual using technical assistance in developing all or
part of the IPE, including the assistance of the VR counselor employed by
the State VR agency.   Section 102(b)(2)(B) of the Act requires that the
IPE "be developed and implemented in a manner that affords eligible
individuals the opportunity to exercise informed choice in selecting an
employment outcome, VR services, service providers, and methods for
procuring services, consistent with subsection (d)."

The 1998 amendments link the individual's employment outcome with the
informed choice of the individual.  Section 102(b)(3)(A) of the Act
specifies the description of the individual's chosen employment outcome as
a "mandatory component" of the IPE and stipulates that the  employment
outcome must be chosen by the individual and must be consistent with the
strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice of the individual.  The respective
responsibilities of the individual and the State VR agency in working
toward the achievement of the employment outcome must be described in the
IPE  (Section 102(b)(3)(E)(i) and (ii) of the Act).

The link between the employment outcome and informed choice is further
reinforced by the description of VR services in section 103(a) of the Act
as "any services described in an individualized plan for employment
necessary to assist an individual with a disability in preparing for,
securing, retaining, or regaining an employment outcome that is consistent
with the strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the individual."  This is
a change from the previous description of VR services as "any goods or
services necessary to render an individual with a disability employable."
These changes make it clear that the cost, duration, or extent of
vocational rehabilitation services that an eligible individual may need to
achieve a particular employment goal should not be considered in
identifying the goal.  Instead, the employment outcome must be based only
on what is consistent with the strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice of the individual.

Implementation of Informed Choice

Informed choice is a decision-making process that occurs throughout the
individual's experience in the VR program. Implementation of informed
choice should ensure that the individual, or if appropriate, the
individual, through his or her representative:

.       makes decisions related to the assessment process and to selection
of the employment outcome and the settings in which employment occurs,
vocational rehabilitation services, service providers, the settings for
service provision, and the methods for procuring services;

.       has a range of options from which to make these decisions or, to
the extent possible, the opportunity to create new options that will meet
the individual's specific rehabilitation needs;

.       has access to sufficient information about the consequences of
various options;

.       has skills for evaluating the information and for making
decisions, or, to the extent possible, the opportunity to develop such
skills or support and assistance in carrying out these functions;

.       makes decisions in ways that reflect the individual's strengths,
resources, priorities, concerns, abilities, capabilities, and interests;
and

.       takes personal responsibility, to the extent possible, for
implementing the chosen options.

While the Act emphasizes the importance of the individual's ability to
exercise informed choice throughout the VR process, section 102(d)(5) of
the Act requires the State VR agencies to ensure that the availability and
scope of informed choice is consistent with the VR agencies'
responsibilities for the administration of the VR program.  Parameters
that affect the exercise of informed choice are imposed by:  statutory and
regulatory requirements, including sections 101(a)(6)(C) (accessible
facilities), 101(a)(8)(A) (comparable services and benefits) and
101(a)(9)(B) (provision of services) of the Act, 34 CFR 361.50 (written
policies regarding provision of services) and 361.54 (participation in the
cost of services) of the implementing regulations, and 34 CFR 80.36(a)
(procurement) of the Education Department General Administrative
Regulations; Federal and State VR agency policies; and factors specific to
each individual.

Roles and Responsibilities

Effective implementation of informed choice depends on efforts of the
individual and, as appropriate, people important in the individual's life,
working jointly with the VR counselor.  The efforts of all of these
individuals should be supported by the policies, procedures, and practices
of the State VR agency.

The Applicant and/or Eligible Individual:  The Conference Report for HR
1385, Workforce Investment Act of 1998, refers to the "need to provide
greater choice and involvement of vocational rehabilitation clients in
developing their service plans." (House Report 105-659, p. 355).  To
accomplish this, the individual must make decisions about the options for
developing the IPE, the extent of technical assistance needed for
exercising the various options, and the extent to which family members and
others are to be involved in the IPE planning process.

Exercising informed choice and taking more responsibility in the VR
process makes demands on individuals with disabilities, and may also make
demands on other people in their lives. To be fully engaged in the VR
process, including development of the IPE, the individual must gather and
use information to the extent possible, participate in planning and
problem solving, make and implement decisions, and seek or identify needed
resources.  The individual engages in these activities to make decisions
about the selection of the employment outcome, VR services, service
providers, service and employment settings, and methods for procuring
services.  Once the IPE has been signed both by the individual and the VR
counselor employed by the State VR agency, the individual assumes the
responsibilities identified in the IPE for implementing the decisions and
achieving the employment outcome.

The VR Counselor:  The Conference Report for HR 1385, Workforce Investment
Act of 1998,  established the expectations that changes in the informed
choice and IPE provisions will "fundamentally change the role of the
client-counselor relationship, and that in many cases counselors will
serve more as facilitators of plan development."  (House Report 105-659,
p. 355).   The VR counselor facilitates the process with knowledge of
rehabilitation and the VR process, an understanding of informed choice,
information regarding rehabilitation resources and current labor market
trends, and the experience of assisting other individuals through the VR
process.

It is generally the responsibility of the VR counselor to inform the
individual about available options for developing the IPE and for
exercising informed choice and to assure that the individual understands
the options. The counselor assists the individual during the assessment
process to discover the individual's strengths, abilities, capabilities,
and interests.  If appropriate, the counselor encourages the participation
of family members and others in the VR process.

The counselor also assists the individual in exercising informed choice,
informs the individual of services that support the individual in
exercising informed choice, and helps the individual link with any
necessary support services. The counselor facilitates the development of
the individual's ability to gather information and supports the individual
in making decisions to the best of the individual's ability.

The counselor works with the individual to build relationships and to
align resources that will enable the individual to exercise informed
choice and to work toward the employment outcome.

The State VR Agency: The role of the State VR agency is to administer the
VR program in a manner that supports the joint efforts of the individual
and the VR counselor.  Agencies can provide such support by implementing
policies and procedures that provide the maximum opportunity for
individuals to exercise informed choice, for the VR counselor to support
individuals in that effort, and for the development of employment and
service options that meet a wide range of individual needs.  Commitment to
informed choice by the leadership of the agency is critical to these
efforts.

State VR agencies are responsible for facilitating the development of
information resources, tools, and support services needed by individuals
and counselors to fully implement informed choice.  Agencies need to
provide the information in accessible formats or modes of communication
that individuals can understand. The VR agency also has a responsibility
to develop or make available a variety of resources to assist individuals
in planning, problem solving, and building decision-making skills.

Working with State procurement staff and other relevant agencies, the VR
agency should seek maximum flexibility in procurement procedures for both
the VR program and its participants. The VR agency should assure that its
policies and procedures support an individual's ability to exercise
informed choice so that the agency's policies and procedures do not result
in the pre-selection of employment outcomes, services, and service
providers for VR participants.

Beyond fulfilling program requirements, the State VR agency can use its
resources and influence to promote and improve the implementation of
informed choice.  The capacity for resource development can be used to
increase the employment and training options that are available for
participants and to support the development of service providers willing
to negotiate with VR participants about individualized services. Providing
training about implementation of informed choice to VR counselors and
other service providers who interact with participants helps to assure
consistent practices and to disseminate information about innovations. The
agency can foster the development of creative approaches for implementing
informed choice by identifying, supporting, and replicating promising
practices.

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.

CITATIONS:      Sections 2(c)(1), 100(a)(3)(C); 101(a)(6)(C), (8)(A),
(9)(B), and (19); 102(b)(1)(A), (2)(B) and (C), (3)(A) and (3)(E)(i) and
(ii); 102(d); and 103(a) and (a)(2) of the Rehabilitation Act of 1973, as
amended.

EFFECTIVE
DATE:           Upon issuance.

EXPIRATION
DATE:           None

INQUIRIES:              Regional Commissioners




____________________
                                                        Fredric K.
Schroeder
                                                        Commissioner


CC:     CSAVR
        NAPAS
        CANAR
        NCIL
        RSA Regional Offices
        (Regions II, IV, V, VIII, and X)




-----Original Message-----
From: Rovig, Lorraine [mailto:LRovig at nfb.org]
Sent: Thursday, November 10, 2011 8:26 AM
To: artds55 at comcast.net
Subject: FW: [nagdu] FW: Why good O&M training is so important [Oregon
notes]
Importance: High


-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Tami Kinney
Sent: Tuesday, November 08, 2011 3:05 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] FW: Why good O&M training is so important
Importance: High

Yeah, last I heard, the state agencies are required to send consumers
there unless theh agency can provide equivalent training... I keep getting
the strong impression that the ones who refuse to obey the law there are
the ones that are furthest from providing anything close. Grrr!
I've had some occasion to note that mentioning to the VR Director here
about that law thing seems to make her real mad and she becomes even more
melodramatic by an order of magnitude. It is really quite something. /lol/
Wait, why am I laughing. She's in charge of making sure that no blind
person in the state of Oregon will recieve information, training and
adaptive tools for work. She is, as far as I have ever been able to
determine, truly dedicated to that task. Ugh!

Tami

On 11/07/2011 11:19 PM, Lyn Gwizdak wrote:
 Yeah Tami,
 Most of the folks around here are trained at the local places and the
training sucks compared to what I hear about the NFB centers. What a
shame. There are several here who have no cane skills and do all their
travel by either paratransit or people's personal cars. Our Rehab  refuses
to send folks to the NFB centers as well.

 Keep on kickin' butt!!!

 Lyn and Landon
 ----- Original Message ----- From: "Tami Kinney" <tamara.8024 at comcast.net
 To: "NAGDU Mailing List,the National Association of Guide Dog Users"
 <nagdu at nfbnet.org
 Sent: Monday, November 07, 2011 6:06 AM
 Subject: Re: [nagdu] FW: Why good O&M training is so important


 Lyn, the people I know who have beenthrough those NFB centers are
different in a whole lot of ways from those who have been through our
state agency. I'd thought it was just our agency, but it seems in a  lot
of places O&M and other instruction is so lacking that the ones  who have
had the NFB training really stand out! I also find that those  individuals
are the ones I am most likely to end up spending time with  and doing
things with... Only here it is difficult to encounterpeople  with that
training instead of training by the agency, since our agency  just says
"noe" to the NFB centers. Sigh. A few Oregonians have been  to one or the
other of the NFB centers, but not many of them seem to  live around here
or to engage in activities where I get to spend time  around them. Then
again, I haven't been getting out as much as I like  because of the Road
of Certain Doom and lack of money for bus fare,  anyway, but still!

 I did get together with one of my local deafblind friends and was able
to discuss the ins and outs of crossing at audible signals She has
recently gotten a cochlear implant, so is aware of sound cues... I  figure
since she talks to other people, too, she can tell others about  the foly
of using an audible signal as the only cue for street  crossings and so
on... We're starting to compare resources and build  up a list of
resources and so forth. She is attempting to work with  the Commission for
the Blind here, and testing them by asking  questions by e-mail... I'm
also talking to her about my evil plan to  get information about braille
curricula and maybe even texts for  self-learning into the hands of blind
people... There's another guy  around here who is doing that in some
formal sense; however, she was  telling me she cannot feel the dots he
produces on a mechanical  brailler to feel them to learn the alphabet So I
let her feel the dots  on my old BrailelNote that a friend gave me, and
that worked for her.
 Hm...

 Our guide dogs were playing with Mitzi's toys at the time, just to  bring
them in to the discussion. /lol/

 Tami

 Yeah,

 On 11/06/2011 12:20 PM, Lyn Gwizdak wrote:
 I looked at the video and wow. I haven't had cane training by the NFB
centers, but I have seen the good mobility of some NFBers at conventions
and see the difference!

 Thanks for posting this.

 Lyn and Landon
 ----- Original Message ----- From: "Rovig, Lorraine" <LRovig at nfb.org
 To: "NAGDU Mailing List, the National Association of Guide Dog Users"
 <nagdu at nfbnet.org
 Sent: Friday, November 04, 2011 10:42 AM
 Subject: [nagdu] FW: Why good O&M training is so important


 Wow! Here below is what an NFB cane travel instructor, a sighted
counselor who was trained by Dr. Kenneth Jernigan at the Iowa  Commission
for the Blind, and is now working at BLIND, Inc., in  Minneapolis, saw
when he watched the video on Tommy's need for  accessible signals at
crosswalks. (Is a state VR agency giving him  such poor travel training?)

 Lorraine Rovig
 PS: After I was taught cane travel by Dick Davis, I easily passed a
4-mile cane travel test, walking around the city of Des Moines while
wearing my sleepshades.

 -----Original Message-----
 From: Dick Davis [mailto:ddavis at blindinc.org]
 Sent: Friday, November 04, 2011 2:28 PM
 To: Rovig, Lorraine
 Subject: RE: [nagdu] Why good O&M training is so important

 Hi,
 Although you can tell from Tommy's commentary that he made a mistake
crossing the first street, in the second he hesitates before crossing,
neglects to use moving traffic to stay straight, veers to the right,  and
gets tangled up in a truck that is parked at the curb a distance  from the
crosswalk. If you use the video in seminar class, I suggest somebody
describe what is happening. Check out his other stuff: he can't swing a
golf club worth a darn, and flying to Los Angeles for the weekend  becomes
a major adventure. The fact that he has the man who showed up with the
wheelchair lead him through security and all the way to the boarding  area
demonstrates how independent he really is. They are making a film on  his
life as a blind person, and if they succeed in marketing it, I think it
will do a lot of damage to public attitudes about blindness. Center
students might want to see the video and offer comments on YouTube. I
thought of adding my own, but I think they would be better coming from
blind people.
 Dick Davis
 BLIND, Inc.
 -----Original Message-----
 From: Rovig, Lorraine [mailto:LRovig at nfb.org]
 Sent: Friday, November 04, 2011 9:05 AM
 To: Dick Davis
 Subject: FW: [nagdu] Why good O&M training is so important
 Importance: High

 The several emails on this NAGDU listserv topic make a thoughtful
discussion in their own right that is completely in line with NFB
convention  resolutions. The email below is the first in the series. BTW,
the  archive  for an NFB listserv is open to non-members.
 Lorraine

 -----Original Message-----
 From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf  Of Aaron Cannon
 Sent: Wednesday, November 02, 2011 10:17 AM
 To: NAGDU Mailing List, the National Association of Guide Dog Users
 Subject: [nagdu] Why good O&M training is so important
 Importance: High

 This video posted on the Yahoo Accessibility blog seeks to demonstrate
the  need for accessible crossing signals. However, in my opinion it
manages  to do just the opposite quite nicely.

 http://yaccessibilityblog.com/wp/blind-people-cross-street.html

 I find it troubling that he talks about needing the signal "to indicate
that it's safe for me to cross the street." Even worse is his  comment "I
don't have to listen for the traffic coming the other way, I can just
listen to the tone."

 He also calls crossing without a signal "daunting" and "scary".

 I can understand that such crossings can be quite daunting and scary if
you don't have good training or practice making such crossings, so I
don't  really fault him for that. However, I fear that people, especially
other  blind people, watching this video will assume that that's how it is
for  everyone.

 Finally, I do think that accessible signals can have their place, but
certainly not the type shown in this video, which seem like they could
actually interfere with listening to the traffic.

 Anyway, I just thought I'd share.

 Aaron Cannon

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