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

[joe harcz Comcast]

Yup. And as importantly once again public hearings relative to the State 
Plan are not just for commissioners but all stakeholders and clients too.

Joe
----- Original Message ----- 
From: "Fred Wurtzel" <f.wurtzel at att.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>; 
"larry Posont" <President.nfb.mi at gmail.com>; "Jo Ann Pilarski" 
<pilarskij at charter.net>; "JOHN SCOTT" <jcscot at sbcglobal.net>; 
<laschuck at juno.com>
Sent: Monday, June 06, 2011 1:20 PM
Subject: [nfbmi-talk] Commission Board Responsibilities Under the Rehab 
ActWith Regard To The State Plan


> 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.
>
> _______________________________________________
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