[nfbmi-talk] College policy edited board draft for 8-27 meeting

[Elizabeth]

As members of the Michigan Commission for the Blind Board of Directors, you have and obligation to adopt policies that adhear to the regulations set forth in the Rehabilitation Act as amended. It is with this sentiment that I strongly urge the Commission Board to strike down the final draft policy that was submitted for adoption at the August 27, 2010 board meeting as it does not appear to adhear to these guidelines.
 
It does not appear as though all of the references cited in the policy are correct. For example, in the fifth bullet under number nine in Policy C on   Financial Aid, the policy refers to 34CFR361.53 which is a reference to the Rehabilitation Act regulations and not the Rehabilitation Act itself. Moreover, this reference does not appear to speak to the issue of living costs associated with providing room and board as cited in the policy. The text of the proposed policy reads as follows:
 
Policy C.  Financial Aid
9)       MCB contributions toward college-related costs may include the following:
•         Any costs for room and board that exceed the normal living costs as defined by, (34CFR361.53).
 
I am not sure how this regulation deals with the issue of providing room and board when this regulation appears to deal with comparable benefits and interagency agreements. This regulation is posted in full at the bottom of this message for anyone who would like to read it.
 
Another example of what appears to be another poorly cited reference can be found in the main policy statement of Policy C on financial aid. The policy reads as follows:
 
Policy C.  Financial Aid
According to state and federal mandates, MCB is to provide financial sponsorship to a student who is eligible for post- secondary training-education to the amount that is not covered through other financial resources.  Other financial resources include, but are not limited to; grants and comparable benefits.  According to Rehabilitation Act 361.48 F. MCB counselors are required to ask the parents-guardians of potential MCB students if they are willing to participate in the financial support of their son-daughter’s post-secondary training-
 
However, it does not appear as though this reference is referring to a section in the Rehabilitation Act, as the reference cited does not appear within the Rehabilitation Act. It is possible that this citation is referring to 34 C.F. which is part of the regulations and not the act itself. In which case, the regulation does not mention anything about asking the parents of students to financially participate in the cost of the students education. The regulation reads as follows:
 
(f) Vocational and other training services, including personal and vocational adjustment training, books, tools, and other training materials, except that no training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for with funds under this part unless maximum efforts have been made by the State unit and the individual to secure grant assistance in whole or in part from other sources to pay for that training.
 
In addition to poorly cited references, the final draft of the policy fails to include a no harm clause for the student when there is a dispute between the Michigan Commission for the Blind and a college or university when providing services to students. In section 12 under Policy A on prerequisites for college and other post secondary training, the proposed policy states the following:
 
The Memorandum of Understanding (MOU) is a written agreement between MCB and some of the state universities and colleges which defines what MCB and each college or university will be responsible for in terms of supplying a student with materials, equipment, and services.  The MCB counselor shall explain to a student, prior to their enrollment in a college or university, which institutions hold a MOU with MCB and what the student can expect from MCB and that educational institution. Students are encouraged to advocate for their needs by consulting with MCB counselors and the appropriate representative of their college or university, if there are questions related to the provision of these accommodations.
 
In previous drafts of the policy, this section continued with the following statement:
 
. If there is a dispute over which entity will provide the necessary accommodations, the Michigan Commission for the Blind shall be responsible for providing the accommodation until the dispute is resolved.
 
This same language can be found in both the Rehabilitation Act as well as the Memorandum of Understanding, and therefore should also be included in the college policy as well. The Rehabilitation Act states the following about interagency agreements.
 
Sec. 101. State Plans
(a) Plan Requirements
(8) Comparable services and benefits
(B) Interagency agreement
(ii) Reimbursement
 
If a public entity other than the designated State unit fails to provide or pay for the services described in clause (i) for an eligible individual, the designated State unit shall provide or pay for such services to the individual. Such designated State unit may claim reimbursement for the services from the public entity that failed to provide or pay for such services. Such public entity shall reimburse the designated State unit pursuant to the terms of the interagency agreement or other mechanism described in this paragraph according to the procedures established in such agreement or mechanism pursuant to subparagraph (B)(ii).
 
The Memorandum Of Understanding states the following about what happens when there is a dispute regarding who will pay for the service:
 
VII.  Interagency Disputes
 
In the unlikely event a dispute arises about financial responsibility for a service that is a part of a student’s IPE, MRS and/or MCB will pay for service under dispute pending the resolution of the dispute. Based on the results of the dispute resolution process identified above, MRS and/or MCB will request/seek reimbursement from the IHE for any service determined by the disputing parties to be the responsibility of the university. 
 
Finally, there is the issue of the new Department of Energy, Labor, and Economic Growth Financial Needs form which is a part of the proposed policy. The policy states the following in Policy C on  Financial Aid:
 
6)       MCB counselors shall utilize the DELEG/MCB Statement of Financial Need Resources and Authorization form as a budgeting tool to help determine the amount of MCB financial support that is needed for the student’s post-secondary training-educational program.
 
8)       The student’s MCB counselor shall submit the signed copy of the DELEG/MCB Statement of Financial Need, Resources and Authorization form to the financial officer at the college or university.  The completed form shall be returned to the student’s MCB counselor.  The student’s MCB counselor shall share the information on the DELEG/MCB Statement of Financial Need, Resources and Authorization form with the student and shall give the student a copy of this document.
 
I believe this form would only make it more difficult for students to receive sponsorship from the Michigan Commission for the Blind. With the transition of posting financial aid information online, a counselor is more likely to receive this information in a more timely manner by working with the student rather than with the financial aid office. I typically do not receive anything in the mail from my college about financial aid until classes have already started, or a week or two before classes are set to begin. However, this same information is available for me to view online immediately once all of my financial aid information has been processed. Last year I received an email notifying me of my financial aid status well before I received anything in writing through the mail. If the counselors could use their established relationships with students to receive financial aid through the use of the student’s online account, then students would be able to receive their services in a more timely manner.
 
 
In addition, one of the things I heard during the college policy meeting on August 20, 2010 was that the  new DELEG Financial Needs form was simply a tool for the counselor to understand the cost of attending college including accommodations and  disability related costs. However, it is my understanding that this process should have already taken place during the development of the student’s Individualized Plan for Employment. It was also mentioned that this form is already being used by Michigan Rehabilitation Services, and as such would not be a new form for the financial aid office to fill out and return back to the agency in a timely manner. However, what was not mentioned at this meeting was that Michigan Rehabilitation Services uses a means test for college students, and after reading through their college policy, it appears as though they use this form as a part of their means test. So even though the explanation of this form made it sound as though it would not be a part of a means test, I still have my doubts and concerns that it would not be used as part of a means test. As to date I have not seen any real dialog or discussion about the use of this form except for the fact that it has to be a part of the policy with no questions asked.
 
Additional References:
 
34CFR361
 
Sec. 361.53  Comparable services and benefits.
 
    (a) Determination of availability. The State plan must assure that 
prior to providing any vocational rehabilitation services, except those 
services listed in paragraph (b) of this section, to an eligible 
individual, or to members of the individual's family, the State unit 
must determine whether comparable services and benefits, as defined in 
Sec. 361.5(b)(10), exist under any other program and whether those 
services and benefits are available to the individual unless such a 
determination would interrupt or delay--
    (1) The progress of the individual toward achieving the employment 
outcome identified in the individualized plan for employment;
    (2) An immediate job placement; or
    (3) The provision of vocational rehabilitation services to any 
individual who is determined to be at extreme medical risk, based on 
medical evidence provided by an appropriate qualified medical 
professional.
    (b) Exempt services. The following vocational rehabilitation 
services described in Sec. 361.48(a) are exempt from a determination of 
the availability of comparable services and benefits under paragraph 
(a) of this section:
    (1) Assessment for determining eligibility and vocational 
rehabilitation needs.
    (2) Counseling and guidance, including information and support 
services to assist an individual in exercising informed choice.
    (3) Referral and other services to secure needed services from 
other agencies, including other components of the statewide workforce 
investment system, if those services are not available under this part.
    (4) Job-related services, including job search and placement 
assistance, job retention services, follow-up services, and follow-
along services.
    (5) Rehabilitation technology, including telecommunications, 
sensory, and other technological aids and devices.
    (6) Post-employment services consisting of the services listed 
under paragraphs (b)(1) through (5) of this section.
    (c) Provision of services.
    (1) If comparable services or benefits exist under any other 
program and are available to the individual at the time needed to 
ensure the progress of the individual toward achieving the employment 
outcome in the individual's IPE, the designated State unit must use 
those comparable services or benefits to meet, in whole or part, the 
costs of the vocational rehabilitation services.
    (2) If comparable services or benefits exist under any other 
program, but are not available to the individual at the time needed to 
ensure the progress of the individual toward achieving the employment 
outcome in the individual's IPE, the designated State unit must provide 
vocational rehabilitation services until those comparable services and 
benefits become available.
    (d) Interagency coordination.
    (1) The State plan must assure that the Governor, in consultation 
with the entity in the State responsible for the vocational 
rehabilitation program and other appropriate agencies, will ensure that 
an interagency agreement or other mechanism for interagency 
coordination takes effect between the designated State vocational 
rehabilitation unit and any appropriate public entity, including the 
State entity responsible for administering the State medicaid program, 
a public institution of higher education, and a component of the 
statewide workforce investment system, to ensure the provision of 
vocational rehabilitation services (other than those services listed in 
paragraph (b) of this section) that are included in the IPE, including 
the provision of those vocational rehabilitation services during the 
pendency of any interagency dispute in accordance with the provisions 
of paragraph (d)(3)(iii) of this section.
    (2) The Governor may meet the requirements of paragraph (d)(1) of 
this section through--
    (i) A State statute or regulation;
    (ii) A signed agreement between the respective officials of the 
public entities that clearly identifies the responsibilities of each 
public entity for the provision of the services; or
    (iii) Another appropriate mechanism as determined by the designated 
State vocational rehabilitation unit.
    (3) The interagency agreement or other mechanism for interagency 
coordination must include the following:
    (i) Agency financial responsibility. An identification of, or 
description of a method for defining, the financial responsibility of 
the public entity for providing the vocational rehabilitation services 
other than those listed in paragraph (b) of this section and a 
provision stating the financial
 
responsibility of the public entity for providing those services.
    (ii) Conditions, terms, and procedures of reimbursement. 
Information specifying the conditions, terms, and procedures under 
which the designated State unit must be reimbursed by the other public 
entities for providing vocational rehabilitation services based on the 
terms of the interagency agreement or other mechanism for interagency 
coordination.
    (iii) Interagency disputes. Information specifying procedures for 
resolving interagency disputes under the interagency agreement or other 
mechanism for interagency coordination, including procedures under 
which the designated State unit may initiate proceedings to secure 
reimbursement from other public entities or otherwise implement the 
provisions of the agreement or mechanism.
    (iv) Procedures for coordination of services. Information 
specifying policies and procedures for public entities to determine and 
identify interagency coordination responsibilities of each public 
entity to promote the coordination and timely delivery of vocational 
rehabilitation services other than those listed in paragraph (b) of 
this section.
    (e) Responsibilities under other law.
    (1) If a public entity (other than the designated State unit) is 
obligated under Federal law (such as the Americans with Disabilities 
Act, section 504 of the Act, or section 188 of the Workforce Investment 
Act) or State law, or assigned responsibility under State policy or an 
interagency agreement established under this section, to provide or pay 
for any services considered to be vocational rehabilitation services 
(e.g., interpreter services under Sec. 361.48(j)), other than those 
services listed in paragraph (b) of this section, the public entity 
must fulfill that obligation or responsibility through--
    (i) The terms of the interagency agreement or other requirements of 
this section;
    (ii) Providing or paying for the service directly or by contract; 
or
    (iii) Other arrangement.
    (2) If a public entity other than the designated State unit fails 
to provide or pay for vocational rehabilitation services for an 
eligible individual as established under this section, the designated 
State unit must provide or pay for those services to the individual and 
may claim reimbursement for the services from the public entity that 
failed to provide or pay for those services. The public entity must 
reimburse the designated State unit pursuant to the terms of the 
interagency agreement or other mechanism described in paragraph (d) of 
this section in accordance with the procedures established in the 
agreement or mechanism pursuant to paragraph (d)(3)(ii) of this 
section.
 
(Authority: Sections 12(c) and 101(a)(8) of the Act; 29 U.S.C. 
709(c) and 721(a)(8))