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

Thu Aug 26 17:25:50 UTC 2010

Dear Commissioners,

I must say that this is a vastly improved document when compared to the one
presented at the Marquette Commission meeting.  Thanks to Geri and
Elizabeth, strides have been made to make this much more humane and
user/consumer friendly.  There are, still, lingering artifacts from that
earlier document.  There are pressures to reverse the progress that has been
made.  I have annotated the document posted on the MCB web site on 8/10/2010
and included it below.  Elizabeth Mohnke has composed a very good document
that gives an in-depth review of the Rehabilitation Act regulations as they
relate to this document.  I have only covered this topic lightly.  I
strongly encourage you to review her document to assure full compliance with
the Rehab Act.  She did a highly commendable job of research.

In the interest of time and space, I have limited my comments, with 1
exception to those places where errors or shortcomings occur.  This is not
meant to be negative, as I said, this is a great deal better than the
Marquette document that you wisely rejected.  I simply wanted to keep it
short in order to help you get through it as quickly as possible.

Thank you all for your patience and hard work.  I understand there is
pressure to get this done, however, it is most important to get it done
right.

Thank you for your attention in this most important matter.

Best Regards,

Fred Wurtzel

MCB College Policy Proposal

Preamble    

The mission of the Michigan Commission for the Blind (MCB) is to provide
individuals who are blind and visually impaired the opportunity to achieve
employment and independence.  We believe in the capacity of each blind
person to achieve their individual level of excellence, to be productive and
independent, and to be involved in their community.

Statement of Fundamental Principles    

The Michigan Commission for the Blind believes rehabilitation is a
cooperative venture between the agency and the individual, with the
individual having primary responsibility for personal successes and
failures, and that each individual is different with unique strengths,
challenges, interests and aptitudes which require vocational rehabilitation
counseling, planning and training specific to their individual needs. 

MCB values:

.     Empowering and enabling individuals to make their own choices  

.     Enabling technology that helps consumers integrate into all aspects of
society

.     A positive, respectful and effective partnership between consumers,
MCB, its counselors-staff, and institutions of higher education  

.     Supporting and empowering students to achieve their academic goals,
consistent with their talent, skills, abilities, hopes, and dreams  

.     The right of any consumer to advocate for themselves through due
process if they are not satisfied with decisions made by MCB personnel

A.    Prerequisites for college and other post secondary training 

Establishing the Individualized Plan for Employment The consumer-counselor
team shall establish the consumer's vocational goal through the
Individualized Plan for Employment (IPE).  (See section 361.48, Scope of
Services from the Rehabilitation Act PA 260.) When that goal includes the
need for post secondary training-education, the consumer-counselor team
shall include in the IPE the following expectations: 

.     a proposed time-line for completing training-education 

Commissioners: Strike "proposed".  A timeline can be changed through an IPE
amendment.

.     course load   

.     supplies and equipment 

.     location of training-education 

.     types of certificates or degrees to be obtained 

Essential Elements/Procedures:

1)    College Assessment 

Students shall participate in a college assessment to ensure that they have
the skills necessary for college participation. Students shall demonstrate
competent skills related to educational performance and independent living.
(See MCB College Assessment.) If students cannot successfully demonstrate
competent skill levels in these areas, they shall work with their counselor
to receive additional training at the Michigan Commission for the Blind
Training Center or another qualified vocational training center, or in
another manner consistent with their Rehabilitation needs based on informed
choice. 

2)    Prospective students may be asked to participate in vocational
exploration      which may include: 

.     job shadowing 

.     mentoring 

.     labor market analysis 

.     volunteer or paid work experience

.     others as defined by the IPE

.     

3)    Prospective students shall provide a letter of acceptance to the
institution of higher learning of their choice, a curriculum outline, and
the financial documents identified below in the financial aid policy (Policy
B) to their MCB counselor before financial sponsorship by MCB can be
provided.  Other documents may be identified by the consumer-counselor team
which may be needed before entering a college or post-secondary training
program.

4)    Timelines for completing a post-secondary training or college program
is established by these training-educational institutions.  Students should
complete their training or degree within one additional year of these
established timelines.

Commissioners:  Drop the "1 year" requirement.  There is already a caveat
and any other agreements regarding time can be agreed to between the client
and counselor.   

Students with additional disabilities, medical issues, family situations,
job duties, and or who are non-traditional students are encouraged to engage
their counselor in developing a timeline for completion suitable for their
needs.

5)    If a student's attendance at training is interrupted for a period of
time and they are unable to attend classes for one of the reasons referenced
in Policy A - 4, the time period that they are not attending
training-educational programs does not count against the identified timeline
according to MCB.  A written, dated, request, including the reasons for this
break in attendance shall be submitted to the MCB counselor.  Students
should also be aware that the 

Commissioners:  Strike "Students should also be aware that the".  Add "Each"
before "Training."  The counselor can explain this if the college has not
already done so.  The rest of the sentence clearly states this point.

training-educational establishment may have their own requirements about
timelines and that even if MCB approves a break in attendance; it could
jeopardize the attainment of a certificate or degree if the post-secondary
institution requires a student to complete their program with in a specific
time frame. Examples of programs that might require a continuum of
attendance are those in which rapid advancements are common such as in
computer sciences, medicine, and education.

Commissioners:  Examples are superfluous.  They do not hurt, but are wordy.

6)    The definition of a full course load is defined by each
training-educational institution.  MCB students are required to carry a full
course load unless their individualized plan specifies otherwise.   

Commissioners:  Above, "are required should be replaced with "shall".

7)    The decision to participate in a community college, four year
university, out-of-state training-educational program, correspondence, or
home-study program shall be based on the individual student's needs and
interests.  The MCB consumer-counselor team should refer to policies B and C
of the college policy so that the requirements for utilizing accredited and
non-accredited institutions, in- and out-of-state institutions, and
financial supports, are compatible with the student's institution of choice.

Commissioners:  Above, "team should refer" should be "team shall refer".

8)    The type of degree or certification a student is sponsored for will be
based on the students' vocational goal and whether gainful employment in
that vocation requires associates, bachelors, master's degree, or other type
of certificate.  

Commissioners:  Above, "will be determined" should be "shall be determined".
This section is a little weak for consumers.  It may be used to justify not
helping a student attain the best degree, since the term "gainful
employment" is included.  The argument will be that if a person can get a
minimum wage job with an associates degree, the Commission will not help
with a bachelors.  I have heard counselors say exactly this.

MCB, in most cases, provides sponsorship for post-secondary training to the
level of degree or certificate which will facilitate gainful employment.  If
it is clear that an advanced degree will be required for competitive
employment, the student's IPE should reflect this and they may continue
their education uninterrupted until they obtain the degree identified in
their IPE. 

Commissioners: "in most cases," should be replaced with "may"

9)    MCB's standard financial sponsorship is based on semesters held
September through April. A POSSIBLE exception COULD BE two 16 week
semesters, OR three 10 week quarters.  MCB's ability to financially sponsor
summer classes is considered an exception and a written, dated, request must
be submitted to the MCB Counselor.  Approval will be determined with in 2
weeks of the request based on the fiscal budget and availability of funds.  

10)   If a student decides that their vocational goal or plan to obtain
their vocational goal needs to change, the student and their MCB counselor
will discuss a new plan with possible guidance by the director of consumer
services and an IPE amendment shall be developed.

Commissioners:  Above, "counselor will discuss" needs to be "counselor shall
discuss".

11)   MCB may provide financial support for up to 24 credit-hours of
remedial study if it is not available free of charge.  Additional hours may
be considered if the consumer-counselor team agrees it is needed. 

12)   Prior to a student attending their training-educational program, the
MCB counselor shall provide an explanation of DISABLED STUDENT resources at
their particular institution and encourage the student to contact the
student assistance department to discuss any services or needs they may have
before or while attending that institution.

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. 

Commissioners:  What happened to the "hold harmless" clause.  You need to
know that the Rehab act provides for problem resolution on this point.
Leaving it out here is a way to intimidate students and does not lead to a
friendly and positive working relationship, especially in view of the Rehab
Act language to deal with this situation.  This is fundamental and serious,
if you wish to be consumer oriented and open.

Policy B.  Accreditation

MCB cooperates with colleges, universities, and other degree-granting
institutions, including correspondence, home-study and vocational training
programs that are accredited by a regional accrediting body recognized by
the U.S. Department of Education.  Exceptions may be made where
accreditation is pending or conditional and the course of study is
sufficiently unique to justify use of the institution.  Students and their
MCB counselor should discuss the risks and benefits of attending a
non-accredited training program or university as it could negatively impact
a student's ultimate vocational goal.  

Commissioners: Above, "counselor should discuss" needs to be "counselor
shall discuss".

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.  

Commissioners: Above, the mandated sections need citations.  Also, " MCB is
to provide" needs to be "MCB shall provide"

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-educational costs.  

COMMISSIONERS, COMMISSIONERS!: This is not true.  The Commission is required
to find all possible grant funding and the student is required to seek
financial aid.  There is no, no I say, requirement to ask parents for
participation.  This statement undermines the credibility of the policy
since it is not true and undermines the relationship between the parent and
the agency, since the counselor can judge when it is appropriate to ask.
This is very important to create a trusting and consumer oriented policy and
program administration.  This is not "warm and fuzzy" talk, it is sound
public policy..

There is no requirement for parents-guardians to provide financial support.
Students are required to apply for specified grants identified in Policy C-

Commissioners: " Students are required" needs to be "Students shall apply".

3.  Students are not required to apply for or utilize training or
educational loans.  

Essential Elements:

1)    Rehab Act 361.5.10, defines comparable services and benefits as any
related service, financial benefit, or assistance available to a consumer to
partially or fully pay for the required cost of vocational rehabilitation
services.  

2)    Students who receive a merit scholarship which has a specified purpose
shall use that scholarship as designated to defray educational expenses.  

3)    Other comparable benefits that shall be used towards the cost of post-
secondary training or education include financial aid, grants, stipends
administered through the student's college or university, employer benefits,
workers compensation, health insurance if applicable, and similar public
benefits.

4)    Comparable benefits do not include Social Security benefits such as
Social Security Disability Insurance (SSDI,) Supplemental Security Income
(SSI), or unrestricted awards or scholarships based on merit.

5)    According to Rehabilitation Act, 361.42 a4 students requesting college
sponsorship are required to apply for federal financial aid by completing
the Free Application for Federal Student Aid (FAFSA.)  

Commissioners: " sponsorship are required to apply" needs to be
"sponsorship, shall apply".

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. 

7)    The student shall annually submit to their counselor all necessary
documents, including the Student Aid Report (SAR) to their counselor by July
1 in order to attend college in the fall, or by November 1 for winter/spring
attendance.  Consumers who are unable to meet either deadline may be
considered for college training starting the following semester.

Commissioners:  Item 7 needs to be stricken.  Our opinion is that 6, 7 and 8
should all be stricken, however, if the MCB is determined to have this
policy, they need to take full responsibility and not hold the student
hostage to the whims of college financial aid offices who have no legal
obligation to cooperate with this superfluous form.

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.

9)    MCB contributions toward college-related costs may include the
following: 

.     tuition and fees for required curriculum courses including electives,
as long as the electives fall within the requirements for certificate or
degree.  Electives that might fall outside the scope of these requirements
may be considered by MCB if a student and their MCB counselor agree, in
writing, to this exception. 

.     required textbooks and course materials defined in the course
syllabus. 

.     reader services related to course work and/or activities related to
expectations for obtaining the identified certificate or degree 

.     text books services such as Braille, enlarged print, audio recordings,
computer scanned, or other modified materials leading to course work and or
activities related to expectations for obtaining the identified certificate
or degree 

.     any costs for room and board that exceed the normal living costs as
defined by, (34CFR361.53).

.     rehabilitation technology services and equipment as identified in the
IPE; refer to "Scope of Services"-letter R. Rehabilitation Technology, in
the MCB Policy Manual, for further details.

10)   MCB does not pay for the cost of college applications, required
entrance exams or testing fees. MCB counselors may assist consumers with
pursuing financial resources to pay for the costs of applications, entrance
exams and or testing fees if the consumer requests such assistance.

Commissioners:  This section is illegal under the Rehab Act.  MCB may not
pick and choose services like this.  All planning is required to take place
in the IPE.

11)   MCB may pay for the cost of preparation classes or materials for
entrance exams if determined appropriate by the consumer-MCB counselor team.

12)   MCB may assist with the cost of professional certification exams
and/or fees.

13)   If a consumer is in default of a student loan, no financial aid,
including Pell Grants, will be available to the consumer.

14)   MCB is prohibited from paying for any training or related services at
an institution of higher education for an individual who owes a refund on a
grant or is in default of a student loan unless the individual makes maximum
effort to resolve the default. Maximum effort means that the consumer must
work out a satisfactory payment plan with the Higher Education Services
Corporation (HESC), lending institution, or grantor, and re-establish
eligibility for financial aid.

Commissioners:  according to an attorney we consulted on this policy, this
is not true.  This rule applies to colleges, but according to the Rehab Act,
not to Rehab agencies.  Such decisions fall under the concept of
individualized services as suggested by the "I" in IPE., so the MCB may pay
for college costs even if there is a student loan default.  Again, such
errors undermine the agency credibility and weaken the client oriented goal
of the Commission.

15)   Private college attendance, whether in-state or out-of-state, can be
sponsored by MCB if the consumer-counselor team agree that attending the
intended program will enhance their goal for employment.  The contributions
for tuition at a private college shall not exceed the highest amount
required for tuition for Michigan residents attending a state supported
college or university in Michigan. 

Commissioners:  in 15 and 16 " out-of-state, can be"  Needs to be
out-of-state, may be".

Commissioners:  Again, as above, the idea is that the MCB may pay higher
tuition if the course of study is not offered at a State supported
institution.

16)   Out-of-state college attendance can be sponsored by MCB if the
student's identified program is not available in Michigan or the
consumer-counselor team agree that attending an out-of-state college will
enhance their goal for employment.  The contributions for tuition at a
comparable program shall not exceed an amount greater than the highest
tuition rate for Michigan residents attending a state-supported college or
university in Michigan.

Commissioners:  Same as above.  Can needs to be "may" and tuition may be
paid if no comparable course of study is available in-state.

17)   Out-of- country study (study abroad) shall be funded if it is part of
an approved course of study for a student's approved vocational goal.  MCB
shall support the cost in an amount no greater than the highest tuition rate
for Michigan residents attending a state-supported college or university in
Michigan.

Commissioners:  Same as above.  Out of Country should be covered if not
available in Michigan.

18)   A student may request assistance from their MCB counselors to help
them in locating financial resources if participating in an out-of-state or
abroad program or private college will enhance the attainment of their
vocational goal. 

Commissioners: There needs to be some kind of requirement that the counselor
does, in fact, provide assistance.  The mere fact that a student requests
assistance does not assure the counselor will do anything.

Policy D.  Academic Progress

All students shall perform at least at the minimal performance standards set
forth by the training or educational institution.  For under-graduate
college students, this typically means minimum cumulative grade point
average of 2.0 on a 4.0 scale, equaling a C average.  For graduate students,
this typically means a 3.0 grade point average equaling a B average.
Students should be knowledgeable of their training or educational
institutions requirements for performance so they can avoid probationary 

Commissioners: " Students should be knowledgeable " needs  be" Students
shall be knowledgeable 

to status. Students shall provide their grades or performance evaluations to
their MCB counselor within two weeks of the end of each semester or training
period.   

Essential Elements:

1)    The student's chosen curriculum has requirements, as determined by the
academic program and/or by the college or university that should be followed
by the student unless exceptions are approved by both the student's MCB
counselor and the academic program director to attain their goal to
re-establish good academic standing with MCB.

Commissioners:  #1 above is intrusive and paternalistic.  The
student/college relationship should be between those parties.  The MCB does
not need to approve changes agreed to by the college.

2)    An MCB counselor shall hold an evaluation consultation with a student
to assess their educational-training performance for any of the reasons
listed below.  A written plan for correction for an identified area of
struggle shall be established between the student and their MCB counselor. 

.     Classes are dropped for a reason other than "good cause," when MCB has
already paid for the cost of tuition and fees.  Good cause may include
problems related to obtaining agreed upon materials, equipment, and or
services, or other influences that disrupt students performance that are
clearly not the fault of the student and are communicated and agreed upon
between the student and the MCB counselor. 

.     Dropping a class puts the student at less than their identified course
load status defined in the IPE. 

.     A grade of "Incomplete" is taken in a class.  The student shall
resolve the "Incomplete" grade during the next semester enrolled.

3)    In the case when a student has failed or dropped a class and when MCB
has paid for the cost of this class, the student shall be required to pay
that amount.   The student should make arrangements with their MCB counselor
to pay this fee by the end of the following semester.

Commissioners:  First the above section should be changed to give the
opportunity for a repayment plan if the student cannot repay the cost in the
required time.  People on SSI may not be able to cover that kind of
repayment plan.  Again, a reasonable policy must take into consideration the
student's ability to pay.  If the goal is to move the student through
college as expeditiously as possible, a delay due to a repayment plan is not
consistent with the goal.

4)    If there is failure by the educational institution or MCB to provide
agreed upon quality materials or services in a timely manner, the consumer
shall not be held responsible by MCB for failed or incomplete grades. 

.     The term, "quality materials" means usable, workable materials that
allow a student to access and produce information in a reasonable manner
that promotes successful performance and does not unduly hinder their
efforts to meet course expectations. Example readable Braille or large print
text, correct text editions, accessible up-to-date maps, tables, formulas,
etc.

.     The term, "timely manner," means MCB students receive instructional
materials in specialized formats at the same time that their student peers
receive their instructional materials.  Specialized formats shall be
provided in a medium that is usable by a student and may not always be
available in the student's preferred format. Example: an audio version of a
text may be provided in full or in installments, if Braille or large print
is not available in a timely manner.  In situations such as Math or Science
where Braille or large print is essential to learning, such specialized
formats shall be provided. 

.     Students are encouraged to initiate early preparation for obtaining
course syllabi and/or communicating with class instructors to obtain text,
equipment, and other required materials. Students should then communicate
their needs to the appropriate resources in charge of providing
accommodations-materials.

.     Time frames for MCB to provide services, equipment and materials may
be discussed by the consumer-counselor team and put in writing with the
agreed upon date that those services, equipment, or materials are to be
delivered. 

.     Quality materials and timely services can be disrupted if there is a
last minute instructor or material change.  Such occurrences that result in
a student falling behind or taking an incomplete would also exempt a student
from any financial burden and allow more time for the student to reach
required expectations in performance.

Commissioners:  The above section is excellent!  This is a balanced and
positive statement that supports students and expects a respectful and
cooperative working relationship.  Bravo! For this.

Commissioners:  " incomplete would also"  needs to be " incomplete shall
also

Policy E. Exceptions and Complaints

The policies contained in this section on post-secondary education are
designed to assist students in achieving ultimate success in their
endeavors.  Though they are designed to address the needs of all potential
student consumers, MCB recognizes that there may be particular circumstances
which will require a non-traditional approach to education.  The process for
addressing these variations is as follows:

Essential Elements:

1)    Students needing clarification or adjustments in these policies are
encouraged to engage their counselors in constructive communication to most
effectively meet individual needs.  

Commissioners:  "are encouraged to engage their counselors in constructive
communication to most effectively meet individual needs.  " is wordy,
unclear and could be replaced with encouraged to negotiate changes with
their counselor.

2)    The MCB counselor may consult with the MCB director of consumer
services regarding clarification policies/practices. 

3)    Students are encouraged to document, in writing, those services and
items that they feel have not been provided in a satisfactory manner and
actively communicate their needs with their MCB counselor.

4)    If resolution is not reached through verbal and/or written
communication in regards to a complaint or disagreement with a consumer's
MCB counselor, MCB encourages consumers to advocate for themselves and
utilize due process as outlined in the agencies grievance protocol. MCB
Policy Manual - II. GENERAL POLICIES - Conflict Resolution

CONCLUSION:

The ultimate goal of this policy is to guide the relationship between the
Michigan Commission for the Blind and the prospective student who is blind
or visually impaired.  Through this process all qualified MCB consumers can
obtain a post-secondary certificate or degree and become employed at the
level of their greatest capacity.  In order to realize this goal:

Commissioners:  " consumers can obtain" needs to be " consumers may obtain"

1.    The MCB Counselor will assist MCB students in their efforts to become
self-empowered so that by the end of the post-secondary training-educational
process, the student is functioning at their maximum capacity and is
prepared to be independent and enter the work force at the level of their
capability.

Commissioners:  " Counselor will assist" needs to be " Counselor shall
assist"

2.    The MCB counselor and student will communicate with each other at
least once mid-semester unless the consumer and counselor both agree such a
meeting is not required.

Commissioners: " student will communicate" needs to be " student shall
communicate

3.    The MCB student will exercise self-determination in obtaining their
post secondary degree or certificate through: 

.     Learning to communicate needs and information in a positive,
assertive, self-advocating style 

.     Actively communicate needs to their MCB counselor, appropriate
representatives of their chosen educational institution, and other
significant professionals involved in post-secondary activities

.     Learning and utilizing networking skills

.     Identifying and utilizing accommodations and resources

.     Exercising their greatest capacity for learning and achievement.

Commissioners:  " student will exercise"  needs to be " student shall
exercise"  

To me this is a little patronizing and paternalistic.  There is no role for
the MCB counselor in this process.  There ought to be, at least 1 sentence
or phrase added to commit the Counselor to assisting in this growth and
transformation.

  _____  

From: Elizabeth [mailto:lizmohnke at hotmail.com] 
Sent: Thursday, August 26, 2010 12:17 PM
To: Fred Wurtzel; geri.taeckens at isahealthfund.org; luzenskis at michigan.gov;
alissa161 at gmail.com; cannonp at michigan.gov; dcgorton601 at comcast.net;
mohnked at hotmail.com; wild-rose at sbcglobal.net; furtond at michigan.gov;
grace at menzelcoaching.com; debate912 at gmail.com; mpvi at intergate.com;
heibeckc at michigan.gov; jbrown at mpas.org; pilarskij at charter.net;
jonesl2 at michigan.gov; kisiell at michigan.gov; Larry Posont;
laury-johnsons at michigan.gov; lovep at michigan.gov; Lydia Schuck;
mcnealg at michigan.gov; mcvoys at michigan.gov; silveya at michigan.gov;
smithd11 at michigan.gov; martzvir at msu.edu; whitee2 at michigan.gov;
wilsond9 at michigan.gov; NFB Michigan; Mary Wurtzel
Cc: brlbumps at sbcglobal.net; margwolfe at usa.net; John Scott
Subject: RE: College policy edited board draft for 8-27 meeting

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))