[nfbmi-talk] Commission Board Responsibilities Under the Rehab Act With Regard To The State Plan

[Fred Wurtzel]

Hello,

 

I have always focused on P.A. 260 for the direction of MCB.  It is clear to
me that MCB is not fully complying with its own law.  Now, I have begun to
study the Rehab Act.  What do you know?  MCB is not fulfilling its
responsibilities here, either.  I know this is boring and a little difficult
to read and follow, but I know you all can read English and  this is a form
of English, similar to the way we talk.  So, suck it up and read on. (smile)

 

 

Below, I have pasted a portion of the relevant sections of the requirements
for the State Rehabilitation Council.  In Michigan the MCB Board is the
designated group which substitutes for a full blown State Rehab Council
(SRC).  

 

Just a few timely items:

 

The commission ought to have its own staff persons separate from the
Director.

 

The Commission needs to review and approve all personnel policies including
training to assure that staff is properly trained and clients are served
evenly.

 

The Commissioners are to receive and evaluate consumer satisfaction surveys.

 

Consumer group comments are to be solicited and accounted for in the
submission of the state plan.

 

These are very general comments on some very specific requirements.
Federationists and Commissioners, take note, many of the conflicts presently
existing between consumers and the MCB are specifically addressed in these
rules.  We all need to make comments about our experiences to the Commission
and see to it that they are included in the submission to the feds.  Please
note the word "shall" in the first sentence and then the following which
has, to my knowledge, never been done by the Commission Board.

 

(4) Prepare and submit to the Governor, or appropriate State entity,

and to the Secretary no later than 90 days after the end of the Federal

fiscal year an annual report on the status of

vocational rehabilitation

programs operated within the State and make the report available to the

public through appropriate modes of communication;

 

NFB of Michigan has been concerned about the undue manipulation and control
of the MCB board for a long time.  Here is what the federal law says about a
degree of autonomy for the Board. (remember the MCB Board serves as the SRC)

 

(4) The Council shall, consistent with State law, supervise and

evaluate the staff and personnel that are necessary to carry out its

functions.

(5) Those staff and personnel that are assisting the Council in

carrying out its functions may not be assigned duties by the designated

State unit or

[[Page 306]]

any other agency or office of the State that would create a conflict of

interest.

 

Regarding our intense interest in staff training, including a belief in
blind people,  the Commission Board is mandated to do the following:

 

(d) Staff development. (1) The State plan must include the State

agency's policies and describe the procedures and activities the State

agency will undertake to ensure that all personnel employed by the State

unit receive appropriate and adequate training, including a description

of--

(i) A system of staff development for

rehabilitation

professionals

and paraprofessionals within the State unit, particularly with respect

to

rehabilitation

technology; and

(ii) Procedures for acquiring and disseminating to rehabilitation

professionals and paraprofessionals within the designated State unit

significant knowledge from research and other sources, including

procedures for providing training regarding the amendments to the

Rehabilitation Act of 1973 made by the Rehabilitation

Act Amendments of

1992.

(2) The specific training areas for staff development must be based

on the needs of each State unit and may include, but are not limited to,

training with respect to the requirements of the Americans with

Disabilities Act, IDEA, and Social Security work incentive programs,

training to facilitate informed choice under this program, and training

to improve the provision of services to culturally diverse populations.

(

 

OK, now comes the selected section, including the word "shall:

 

(h) Functions. The Council shall--

(1) Review, analyze, and advise the designated State unit regarding

the performance of the State unit's responsibilities under this part,

particularly responsibilities related to--

(i) Eligibility, including order of selection;

(ii) The extent, scope, and effectiveness of services provided; and

(iii) Functions performed by State agencies that affect or

potentially affect the ability of individuals with disabilities to

achieve

rehabilitation

goals and objectives under this part;

(2) Advise, and at the discretion of the State agency assist, the

State unit in the preparation of applications, the State plan, the

strategic plan, and amendments to the plans, reports, needs assessments,

and evaluations required by this part;

(3) To the extent feasible, conduct a review and analysis of the

effectiveness of, and consumer satisfaction with--

(i) The functions performed by State agencies and other public and

private entities responsible for serving individuals with disabilities;

and

(ii) The

vocational rehabilitation

services provided by State

agencies and other public and private entities responsible for providing

vocational rehabilitation

services to individuals with disabilities from

funds made available under the Act or through other public or private

sources;

(4) Prepare and submit to the Governor, or appropriate State entity,

and to the Secretary no later than 90 days after the end of the Federal

fiscal year an annual report on the status of

vocational rehabilitation

programs operated within the State and make the report available to the

public through appropriate modes of communication;

(5) Coordinate with other councils within the State, including the

Statewide Independent Living Council established under 34 CFR part 364,

the advisory panel established under section 613(a)(12) of IDEA, the

State Planning Council described in section 124 of the Developmental

Disabilities Assistance and Bill of Rights Act, and the State mental

health planning council established under section 1916(e) of the Public

Health Service Act;

(6) Advise the designated State agency and provide for coordination

and the establishment of working relationships between the designated

State agency and the Statewide Independent Living Council and centers

for independent living within the State; and

(7) Perform other comparable functions, consistent with the purpose

of this part, that the Council determines to be appropriate.

(i) Resources. (1) The Council, in conjunction with the designated

State unit, shall prepare a plan for the provision of resources,

including staff and other personnel, that may be necessary for the

Council to carry out its functions under this part.

(2) In implementing the resources plan, the Council shall rely on

existing resources to the maximum extent possible.

(3) Any disagreements between the designated State unit and the

Council regarding the amount of resources necessary must be resolved by

the Governor or other appointing entity, consistent with paragraphs

(i)(1) and (2) of this section.

(4) The Council shall, consistent with State law, supervise and

evaluate the staff and personnel that are necessary to carry out its

functions.

(5) Those staff and personnel that are assisting the Council in

carrying out its functions may not be assigned duties by the designated

State unit or

[[Page 306]]

any other agency or office of the State that would create a conflict of

interest.

(j) Meetings. The Council shall--

(1) Convene at least four meetings a year to conduct Council

business that are publicly announced, open and accessible to the public,

including individuals with disabilities, unless there is a valid reason

for an executive session; and

(2) Conduct forums or hearings, as appropriate, that are publicly

announced, open and accessible to the public, including individuals with

disabilities.

(k) Compensation. Funds appropriated under title I of the Act,

except funds to carry out sections 112 and 130 of the Act, may be used

to compensate and reimburse the expenses of Council members in

accordance with section 105(g) of the Act.

(Approved by the Office of Management and Budget under control number

1820-0500)

(Authority: Sec. 105 of the Act; 29 U.S.C. 725)

Sec. 361.18  Comprehensive system of personnel development.

The State plan must describe the procedures and activities the State

agency will undertake to establish and maintain a comprehensive system

of personnel development designed to ensure an adequate supply of

qualified

rehabilitation

personnel, including professionals and

paraprofessionals, for the designated State unit. If the State agency

has a State

Rehabilitation

Advisory Council, this description must, at a

minimum, specify that the Council has an opportunity to review and

comment on the development of plans, policies, and procedures necessary

to meet the requirements of paragraphs (b) through (d) and paragraph (f)

of this section. This description must also conform with the following

requirements:

(a) Data system on personnel and personnel development. The State

plan must describe the development and maintenance of a system by the

State agency for collecting and analyzing on an annual basis data on

qualified personnel needs and personnel development, in accordance with

the following requirements:

(1) Data on qualified personnel needs must include--

(i) The number of personnel who are employed by the State agency in

the provision of

vocational rehabilitation

services in relation to the

number of individuals served, broken down by personnel category;

(ii) The number of personnel currently needed by the State agency to

provide

vocational rehabilitation

services, broken down by personnel

category; and

(iii) Projections of the number of personnel, broken down by

personnel category, who will be needed by the State agency to provide

vocational rehabilitation

services in the State in five years based on

projections of the number of individuals to be served, including

individuals with severe disabilities, the number of personnel expected

to retire or leave the field, and other relevant factors.

(2) Data on personnel development must include--

(i) A list of the institutions of higher education in the State that

are preparing

vocational rehabilitation

professionals, by type of

program;

(ii) The number of students enrolled at each of those institutions,

broken down by type of program; and

(iii) The number of students who graduated during the prior year

from each of those institutions with certification or licensure, or with

the credentials for certification or licensure, broken down by the

personnel category for which they have received, or have the credentials

to receive, certification or licensure.

(b) Plan for recruitment, preparation, and retention of qualified

personnel. The State plan must describe the development, updating, and

implementation of a plan to address the current and projected needs for

personnel who are qualified in accordance with paragraph (c) of this

section. The plan must identify the personnel needs based on the data

collection and analysis system described in paragraph (a) of this

section and must provide for the coordination and facilitation of

efforts between the designated State unit and institutions of higher

education and professional

[[Page 307]]

associations to recruit, prepare, and retain personnel who are qualified

in accordance with paragraph (c) of this section, including personnel

from minority backgrounds and personnel who are individuals with

disabilities.

(c) Personnel standards. (1) The State plan must include the State

agency's policies and describe the procedures the State agency will

undertake to establish and maintain standards to ensure that

professional and paraprofessional personnel needed within the State unit

to carry out this part are appropriately and adequately prepared and

trained, including--

(i) Standards that are consistent with any national or State-

approved or -recognized certification, licensing, or registration

requirements, or, in the absence of these requirements, other comparable

requirements (including State personnel requirements), that apply to the

profession or discipline in which that category of personnel is

providing

vocational rehabilitation

services; and

(ii) To the extent that existing standards are not based on the

highest requirements in the State, the steps the State is currently

taking and the steps the State plans to take to retrain or hire

personnel to meet standards that are based on the highest requirements

in the State, including measures to notify State unit personnel, the

institutions of higher education identified under paragraph (a)(2)(i) of

this section, and other public agencies of these steps and the timelines

for taking each step.

(2) As used in this section--

(i) Highest requirements in the State applicable to that profession

or discipline means the highest entry-level academic degree needed for

any national or State-approved or -recognized certification, licensing,

registration, or other comparable requirements that apply to that

profession or discipline. The current requirements of all State statutes

and regulations of other agencies in the State applicable to that

profession or discipline must be considered and must be kept on file by

the designated State unit and available to the public.

(ii) Profession or discipline means a specific occupational

category, including any paraprofessional occupational category, that--

(A) Provides

rehabilitation

services to individuals with

disabilities;

(B) Has been established or designated by the State; and

(C) Has a specified scope of responsibility.

(d) Staff development. (1) The State plan must include the State

agency's policies and describe the procedures and activities the State

agency will undertake to ensure that all personnel employed by the State

unit receive appropriate and adequate training, including a description

of--

(i) A system of staff development for

rehabilitation

professionals

and paraprofessionals within the State unit, particularly with respect

to

rehabilitation

technology; and

(ii) Procedures for acquiring and disseminating to rehabilitation

professionals and paraprofessionals within the designated State unit

significant knowledge from research and other sources, including

procedures for providing training regarding the amendments to the

Rehabilitation Act of 1973 made by the Rehabilitation

Act Amendments of

1992.

(2) The specific training areas for staff development must be based

on the needs of each State unit and may include, but are not limited to,

training with respect to the requirements of the Americans with

Disabilities Act, IDEA, and Social Security work incentive programs,

training to facilitate informed choice under this program, and training

to improve the provision of services to culturally diverse populations.

(e) Personnel to address individual communication needs. The State

plan must describe how the State unit--

(1) Includes among its personnel, or obtains the services of,

individuals able to communicate in the native languages of applicants

and eligible individuals who have limited English speaking ability; and

(2) Includes among its personnel, or obtains the services of,

individuals able to communicate with applicants and eligible individuals

in appropriate modes of communication.

[[Page 308]]

(f) Performance evaluation system. The State plan must describe how

the system for evaluating the performance of

rehabilitation

counselors,

coordinators, and other personnel used in the State unit facilitates,

and in no way impedes, the accomplishment of the purpose and policy of

the program as described in sections 100(a)(2) and 100(a)(3) of the Act,

including the policy of serving, among others, individuals with the most

severe disabilities.

(g) Coordination with personnel development under IDEA. The State

plan must describe the procedures and activities the State agency will

undertake to coordinate its comprehensive system of personnel

development under the Act with personnel development under IDEA.

(Approved by the Office of Management and Budget under control number

1820-0500)

(Authority: Sec. 101 (a)(7) and (a)(35) of the Act; 29 U.S.C. 721(a) (7)

and (35))

Note: Under the Act and the regulations in this part, the State

agency is required to collect and analyze data regarding personnel needs

by type or category of personnel. The personnel data must be collected

and analyzed according to personnel category breakdowns that are based

on the major categories of staff in the State unit. Similarly, the data

from institutions of higher education must be broken down by type of

program to correspond as closely as possible with the personnel

categories of the State unit.

Sec. 361.19  Affirmative action for individuals with disabilities.

The State plan must assure that the State agency takes affirmative

action to employ and advance in employment qualified individuals with

disabilities.

(Approved by the Office of Management and Budget under control number

1820-0500)

(Authority: Sec. 101(a)(6)(A) of the Act; 29 U.S.C. 721(a)(6)(A))

Sec. 361.20  State plan development.

(a) Public participation requirements--(1) Plan development and

revisions. The State plan must assure that the State unit conducts

public meetings throughout the State to provide all segments of the

public, including interested groups, organizations, and individuals, an

opportunity to comment on the State plan prior to its development and to

comment on any revisions to the State plan.

(2) Notice requirements. The State plan must assure that the State

unit, prior to conducting public meetings, provides appropriate and

sufficient notice throughout the State of the meetings in accordance

with--

(i) State law governing public meetings; or

(ii) In the absence of State law governing public meetings,

procedures developed by the State unit in consultation with the State

Rehabilitation

Advisory Council.

(3) Revisions based on consumer satisfaction surveys. The State plan

must describe the manner in which the State's policies and procedures

will be revised based on the results of consumer satisfaction surveys

conducted by the State

Rehabilitation

Advisory Council under

Sec. 361.17(h)(3) or by the State agency if it is an independent

commission in accordance with the requirements of Sec. 361.16.

(b) Special consultation requirements. The State plan must assure

that, as appropriate, the State unit actively consults in the

development and revision of the State plan with the CAP director, the

State

Rehabilitation

Advisory Council, and, as appropriate, those Indian

tribes, tribal organizations, and native Hawaiian organizations that

represent significant numbers of individuals with disabilities within

the State.

(c) Summary of public comments. The State plan must include a

summary of the public comments on the State plan, including comments on

revisions to the State plan and the State unit's response to those

comments.

(d) Appropriate modes of communication. The State unit shall

provide, through appropriate modes of communication, the notices of the

public meetings, any materials furnished prior to or during the public

meetings, and the approved State plan.

(Approved by the Office of Management and Budget under control number

1820-0500)

(Authority: Sec. 101(a)(20), 101(a)(23), 101(a)(32), and 105(c)(2) of

the Act; 29 U.S.C. 721(a)(20), (23), and (32) and 725(c)(2))

[[Page 309]]

Sec. 361.21  Consultations regarding the administration of the State

plan.

(a) The State plan must assure that, in connection with matters of

general policy development and implementation arising in the

administration of the State plan, the State unit seeks and takes into

account the views of--

(1) Individuals who receive

vocational rehabilitation

services or,

as appropriate, the individuals' representatives;

(2) Personnel working in the field of

vocational rehabilitation

;

(3) Providers of

vocational rehabilitation

services;

(4) The CAP director; and

(5) The State

Rehabilitation

Advisory Council, if the State has a

Council.

(b) The State plan must specifically describe the manner in which

the State unit will take into account the views regarding State policy

and administration of the State plan that are expressed in the consumer

satisfaction surveys conducted by the State

Rehabilitation

Advisory

Council under Sec. 361.17(h)(3) or by the State agency if it is an

independent commission in accordance with the requirements of

Sec. 361.16(a)(1).

(Approved by the Office of Management and Budget under control number

1820-0500)

(Authority: Secs. 101(a)(18), 101(a)(32), and 105(c)(2) of the Act; 29

U.S.C. 721(a)(18), 721(a)(32), and 725(c)(2))

Sec. 361.22  Cooperation with agencies responsible for students with

disabilities.