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

Thu Aug 26 17:43:43 UTC 2010

Fantastic work Elizabeth!

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Subject: Re: [nfbmi-talk] 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))

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