[nfbmi-talk] Commission Board Responsibilities Under the Rehab Act With Regard To The State Plan
Christine Boone
christine_boone at comcast.net
Thu Jun 9 21:04:42 UTC 2011
The current director of the MCB and I, have discussed these things upon occasion.
It is actually quite easy to comply with the Federal Rehabilitation Act as it relates to the development, maintenance and updating of the State Plan. The RSA actually gives the agency all of the boilerplate language for each year's plan, which includes the blank sheets where input from consumers that is gathered at the trienial public forums is supposed to be captured on paper for submission with the Plan itself.
Jun 6, 2011, at 1:20 PM, Fred Wurtzel wrote:
> 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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