[nfbmi-talk] Fw: yes, virginia it is the law

Tue Jun 22 01:51:56 UTC 2010

----- Original Message ----- 
From: joe harcz Comcast 
To: blind democracy List 
Sent: Monday, June 21, 2010 9:37 PM
Subject: yes, virginia it is the law

June 21, 2010

Paul Joseph Harcz, Jr.

joeharcz at comcast.net

Re: The Real role of MCB Board Is “Policy Making”

To Whom It May Concern,

Attached after my signature line is from the Michigan Commission for the Blind web site. It was kind of hard to find as it was in the section for staff of MCB. But, I issue it today for a few pertinent reasons.

One, no one seems to talk much about the Rehab Act around Michigan and it wasn’t even mentioned at the extraordinary Special Meeting of May 3, 2010 where among other things the roles and responsibilities of the MCB Board were discussed, and much in closed session. One of the things debated was whether or not the board was a “policy making” body. I don’t know why our board isn’t more knowledgeable of its obligations and the fact that neither it nor MCB would exist without the Rehab Act, but the fact it is a “policy making” body is right here.

I don’t know why at that same meeting Barbara Schmidt, of the Michigan Attorney General’s office seemed to be in a word “clueless” about this enabling legislation and, of course the fact that federal law generally trumps state law. But, it is a part of the public record that she didn’t even mention this act either in her advice and counsel to the MCB Board on May 3, 2010.

Another reason for posting this is that Lehman Jones a part of the MCB Management Team reported to Larry Posont, just a few days ago that the MCB Board was “advisory only”. I think that Mr. Jones and indeed all staff of MCB should actually do a little reading from MCB’s own resources right here. In addition all would be well advised to go to the link on MCB’s web site that links them to the Rehabilitation Act itself. For  once again Mr. Jones, nor any staffer of MCB from the Director on down wouldn’t exist without this enabling legislation and, of course associated funding, let alone it wouldn’t exist without consumers and other stakeholders who just happen to be blind. (By the way they should also link in that very Act to Title V, including section 504 and 508 which establish the civil rights of people who are blind or otherwise disabled.)

Finally, note the reference to the State Plan requirement sans, of course, the public hearing requirement which is found, not here in this MCB summary but in the act itself.

This all would be kind of funny if it wasn’t indeed so sadly pathetic.

Sincerely,

Paul “Joe” Harcz, Jr.

Attachment with link:

http://www.michigan.gov/dleg/0,1607,7-154-28077_28313_28319_28324_32052-145925--,00.html

Rehabilitation Act Summary

The Michigan Commission for the Blind operates under the auspices of the Rehabilitation Act of 1973 as amended on August 7, 1998 in the Workforce Investment

Act.  This law provides the basic structure of the organization of the agency and establishes the basis of how the Michigan Commission for the Blind operates.

 Each state must periodically submit a state plan.  In this state plan, it must guarantee that certain minimal activities take place in the provision of

rehabilitation services to individuals who are blind in Michigan.  Under these guidelines, the Michigan Commission for the Blind is the designated state

agency for the blind. A five-member policy-making board comprised of consumers and other qualified individuals governs the agency.   The Client Services

Division is the Designated State Unit since this division of the Michigan Commission for the Blind is responsible for the provision of the bulk of the

services outlined in Title I of the Act.

Under the Act, the Michigan Commission for the Blind is responsible for determining eligibility of applicants.  Eligibility is based on a significant impediment

to employment relating to a series of functional limitations and a condition of legal blindness or rapidly deteriorating vision.  Field staff is responsible

for assisting clients in developing a comprehensive Individual Plan for Employment.  These plans are developed with significant information such that each

client can exercise the very best possible choices regarding a vocational objective and the provision of services to attain that goal.  The ultimate objective

is to have clients working in substantial jobs at the maximum level of their capabilities.

The agency must assure many things are occurring in the implementation of the State Plan.  Confidentiality, timeliness in the provision of services, choice

in the provision of services and a significant conflict resolution process to resolve issues as they arise must be assured.  Agency activities must all

be established with significant input from consumers and the general public.  The law also provides for establishing other working relationships with community

partners such as the local Workforce Investment Agencies, Institutions of Higher Learning and the Special Education and Early Intervention Program.  Much

emphasis is now being placed on transition services to students as young as 14 years of age.

Under this guidance, the Michigan Commission for the Blind is obligated to provide a wide variety of services that are supposed to be directly related to

the individual's employment objective.  Most recent interpretations indicate that the agency is to work with individuals to help them achieve their maximum

potential as long as there remains an impediment to their achievement of that goal.  In order to achieve these goals, the agency must match federal dollars.

 Currently, the match is approximately 78% federal dollars to 22% state dollars.  The Michigan Commission for the Blind spends $3.3 Million dollars per

year in case service expenditures for direct services to clients.  The balance of the funds helps support salaries, the Business Enterprise Program and

Administrative Costs.  This funding is the most significant part of the $16 Million dollar agency budget for the year.  Funding is also supplemented by

reimbursed dollars from the Social Security Administration, usually amounting to over one million dollars per year.

The balance of Social Security reimbursement dollars go to enhancing the other programs of the agency.  Also, a significant portion of the rehabilitation

dollars go to the operation of the Michigan Commission for the Blind Training Center and the Business Enterprise Program.

Although Title I is the most significant portion of the Rehabilitation Act, there are seven titles altogether.  Title II relates to research and outlines

the establishment and operation of the National Institute on Disability and Rehabilitation Research.  Title III provides for special projects, including

programs for migrants and seasonal farm workers and recreational programs for individuals with disabilities.  Title IV establishes the National Council

on Disability, describes its functioning and provides the funding to operate the Council.  Title V includes several sections on the rights of individuals

with disabilities.  It includes Section 504 that prohibits discrimination in federal hiring and access to various federal grant programs for individuals

with disabilities.  This Title also includes Section 508 that provides for universal access to electronic and other media.  Title VI, Part A provides for

projects with industry and Part B that provides the basis for the provision of supported employment to individuals with the most significant disabilities.

 Title VII establishes the guidelines for Independent Living Services.  It provides for the Statewide Independent Living Council and develops the principles

for the allotments of funding.

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