[nfbmi-talk] Fw: mcb board violates federal mandates too

Wed Jan 4 19:07:41 UTC 2012

----- Original Message ----- 
From: joe harcz Comcast 
To: Patrick Cannon MCB 
Cc: Jo Anne Pilarski ; margwwolfe at usa.net ; Geri. Taecken 
Sent: Monday, March 22, 2010 9:27 AM
Subject: mcb board violates federal mandates too

March 22, 2010

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

E-mail: joeharcz at comcast.net

Re: MCB Board not acting in accordance with this either

Colleagues,

It is very clear to even the casual observer that The Michigan Commission for the Blind does not act in accordance with federal law (see attachment after my signature line here). In fact at the meeting of March 19, 2010 it was not fully accessible in accordance with the requirements herein, or with the Americans with Disabilities Act, and Section 504 of the attached act either for that matter on the issue of raised character and Braill signage alone, let alone the provision of accessible draft minutes. Moreover, the Board has not followed the requirements to be “autonomous”, “consumer controlled”, and to “supervise” key personnel as is its charge.

These and other violations of this mandate have been going on for a very long time and are too numerous to list as they likely would be encyclopedic to list.

But, the bottom line is that the Board is accountable to the people, and not the other way around. And MCB Director, Patrick Cannon is accountable to the Board and not the other way around.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCB Board

Cc: Patrick Cannon, Director, Mcb

Cc: nfb mi

Cc: mcb 2020 list

Cc: several attorneys at law

Cc: mcbvi]

Cc: several media outlets

State Vocational Rehabilitation Services Program 34 CFR Part 361 Final regulations [OSERS][Federal Register: January 17, 2001 (Volume 66, Number 11)]

[Rules and Regulations]               

[Page 4379-4435]

>From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17ja01-17]                         

(Note the following requirements)

Sec. 361.16  Establishment of an independent commission or a state 

rehabilitation council.

    (a) General requirement. Except as provided in paragraph (b) of 

this section, the State plan must contain one of the following two 

assurances:

    (1) An assurance that the designated State agency is an independent 

State commission that--

    (i) Is responsible under State law for operating, or overseeing the 

operation of, the vocational rehabilitation program in the State and is 

primarily concerned with vocational rehabilitation or vocational and 

other rehabilitation services, in accordance with Sec. 361.13(a)(1)(i);

    (ii) Is consumer-controlled by persons who--

    (A) Are individuals with physical or mental impairments that 

substantially limit major life activities; and

    (B) Represent individuals with a broad range of disabilities, 

unless the designated State unit under the direction of the commission 

is the State agency for individuals who are blind;

    (iii) Includes family members, advocates, or other representatives 

of individuals with mental impairments; and

    (iv) Conducts the functions identified in Sec. 361.17(h)(4).

    (2) An assurance that--

[[Page 4392]]

    (i) The State has established a State Rehabilitation Council 

(Council) that meets the requirements of Sec. 361.17;

    (ii) The designated State unit, in accordance with Sec. 361.29, 

jointly develops, agrees to, and reviews annually State goals and 

priorities and jointly submits to the Secretary annual reports of 

progress with the Council;

    (iii) The designated State unit regularly consults with the Council 

regarding the development, implementation, and revision of State 

policies and procedures of general applicability pertaining to the 

provision of vocational rehabilitation services;

    (iv) The designated State unit transmits to the Council--

    (A) All plans, reports, and other information required under this 

part to be submitted to the Secretary;

    (B) All policies and information on all practices and procedures of 

general applicability provided to or used by rehabilitation personnel 

providing vocational rehabilitation services under this part; and

    (C) Copies of due process hearing decisions issued under this part 

and transmitted in a manner to ensure that the identity of the 

participants in the hearings is kept confidential; and

    (v) The State plan, and any revision to the State plan, includes a 

summary of input provided by the Council, including recommendations 

from the annual report of the Council, the review and analysis of 

consumer satisfaction described in Sec. 361.17(h)(4), and other reports 

prepared by the Council, and the designated State unit's response to 

the input and recommendations, including explanations of reasons for 

rejecting any input or recommendation of the Council.

    (b) Exception for separate State agency for individuals who are 

blind. In the case of a State that designates a separate State agency 

under Sec. 361.13(a)(3) to administer the part of the State plan under 

which vocational rehabilitation services are provided to individuals 

who are blind, the State must either establish a separate State 

Rehabilitation Council for each agency that does not meet the 

requirements in paragraph (a)(1) of this section or establish one State 

Rehabilitation Council for both agencies if neither agency meets the 

requirements of paragraph (a)(1) of this section.

(Authority: Sections 101(a)(21) of the Act; 29 U.S.C. 721(a)(21))

Sec. 361.17  Requirements for a state rehabilitation council.

    If the State has established a Council under Sec. 361.16(a)(2) or 

(b), the Council must meet the following requirements:

    (a) Appointment.

    (1) The members of the Council must be appointed by the Governor 

or, in the case of a State that, under State law, vests authority for 

the administration of the activities carried out under this part in an 

entity other than the Governor (such as one or more houses of the State 

legislature or an independent board), the chief officer of that entity.

    (2) The appointing authority must select members of the Council 

after soliciting recommendations from representatives of organizations 

representing a broad range of individuals with disabilities and 

organizations interested in individuals with disabilities. In selecting 

members, the appointing authority must consider, to the greatest extent 

practicable, the extent to which minority populations are represented 

on the Council.

    (b) Composition.

    (1) General. Except as provided in paragraph (b)(3) of this 

section, the Council must be composed of at least 15 members, 

including--

    (i) At least one representative of the Statewide Independent Living 

Council, who must be the chairperson or other designee of the Statewide 

Independent Living Council;

    (ii) At least one representative of a parent training and 

information center established pursuant to section 682(a) of the 

Individuals with Disabilities Education Act;

    (iii) At least one representative of the Client Assistance Program 

established under 34 CFR part 370, who must be the director of or other 

individual recommended by the Client Assistance Program;

    (iv) At least one qualified vocational rehabilitation counselor 

with knowledge of and experience with vocational rehabilitation 

programs who serves as an ex officio, nonvoting member of the Council 

if employed by the designated State agency;

    (v) At least one representative of community rehabilitation program 

service providers;

    (vi) Four representatives of business, industry, and labor;

    (vii) Representatives of disability groups that include a cross 

section of--

    (A) Individuals with physical, cognitive, sensory, and mental 

disabilities; and

    (B) Representatives of individuals with disabilities who have 

difficulty representing themselves or are unable due to their 

disabilities to represent themselves;

    (viii) Current or former applicants for, or recipients of, 

vocational rehabilitation services;

    (ix) In a State in which one or more projects are carried out under 

section 121 of the Act (American Indian Vocational Rehabilitation 

Services), at least one representative of the directors of the 

projects;

    (x) At least one representative of the State educational agency 

responsible for the public education of students with disabilities who 

are eligible to receive services under this part and part B of the 

Individuals with Disabilities Education Act;

    (xi) At least one representative of the State workforce investment 

board; and

    (xii) The director of the designated State unit as an ex officio, 

nonvoting member of the Council.

    (2) Employees of the designated State agency. Employees of the 

designated State agency may serve only as nonvoting members of the 

Council. This provision does not apply to the representative appointed 

pursuant to paragraph (b)(1)(iii) of this section.

    (3) Composition of a separate Council for a separate State agency 

for individuals who are blind. Except as provided in paragraph (b)(4) 

of this section, if the State establishes a separate Council for a 

separate State agency for individuals who are blind, that Council 

must--

    (i) Conform with all of the composition requirements for a Council 

under paragraph (b)(1) of this section, except the requirements in 

paragraph (b)(1)(vii), unless the exception in paragraph (b)(4) of this 

section applies; and

    (ii) Include--

    (A) At least one representative of a disability advocacy group 

representing individuals who are blind; and

    (B) At least one representative of an individual who is blind, has 

multiple disabilities, and has difficulty representing himself or 

herself or is unable due to disabilities to represent himself or 

herself.

    (4) Exception. If State law in effect on October 29, 1992 requires 

a separate Council under paragraph (b)(3) of this section to have fewer 

than 15 members, the separate Council is in compliance with the 

composition requirements in paragraphs (b)(1)(vi) and (b)(1)(viii) of 

this section if it includes at least one representative who meets the 

requirements for each of those paragraphs.

    (c) Majority.

    (1) A majority of the Council members must be individuals with 

disabilities who meet the requirements of Sec. 361.5(b)(29) and are not 

employed by the designated State unit.

    (2) In the case of a separate Council established under 

Sec. 361.16(b), a majority

[[Page 4393]]

of the Council members must be individuals who are blind and are not 

employed by the designated State unit.

    (d) Chairperson. The chairperson must be--

    (1) Selected by the members of the Council from among the voting 

members of the Council, subject to the veto power of the Governor; or

    (2) In States in which the Governor does not have veto power 

pursuant to State law, the appointing authority described in paragraph 

(a)(1) of this section must designate a member of the Council to serve 

as the chairperson of the Council or must require the Council to 

designate a member to serve as chairperson.

    (e) Terms of appointment.

    (1) Each member of the Council must be appointed for a term of no 

more than 3 years, and each member of the Council, other than a 

representative identified in paragraph (b)(1)(iii) or (ix) of this 

section, may serve for no more than two consecutive full terms.

    (2) A member appointed to fill a vacancy occurring prior to the end 

of the term for which the predecessor was appointed must be appointed 

for the remainder of the predecessor's term.

    (3) The terms of service of the members initially appointed must 

be, as specified by the appointing authority as described in paragraph 

(a)(1) of this section, for varied numbers of years to ensure that 

terms expire on a staggered basis.

    (f) Vacancies.

    (1) A vacancy in the membership of the Council must be filled in 

the same manner as the original appointment, except the appointing 

authority as described in paragraph (a)(1) of this section may delegate 

the authority to fill that vacancy to the remaining members of the 

Council after making the original appointment.

    (2) No vacancy affects the power of the remaining members to 

execute the duties of the Council.

    (g) Conflict of interest. No member of the Council shall cast a 

vote on any matter that would provide direct financial benefit to the 

member or the member's organization or otherwise give the appearance of 

a conflict of interest under State law.

    (h) Functions. The Council must, after consulting with the State 

workforce investment board--

    (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 in 

achieving employment outcomes under this part;

    (2) In partnership with the designated State unit--

    (i) Develop, agree to, and review State goals and priorities in 

accordance with Sec. 361.29(c); and

    (ii) Evaluate the effectiveness of the vocational rehabilitation 

program and submit reports of progress to the Secretary in accordance 

with Sec. 361.29(e);

    (3) Advise the designated State agency and the designated State 

unit regarding activities carried out under this part and assist in the 

preparation of the State plan and amendments to the plan, applications, 

reports, needs assessments, and evaluations required by this part;

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

effectiveness of, and consumer satisfaction with--

    (i) The functions performed by the designated State agency;

    (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 under the Act; and

    (iii) The employment outcomes achieved by eligible individuals 

receiving services under this part, including the availability of 

health and other employment benefits in connection with those 

employment outcomes;

    (5) Prepare and submit to the Governor 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;

    (6) To avoid duplication of efforts and enhance the number of 

individuals served, coordinate activities with the activities of other 

councils within the State, including the Statewide Independent Living 

Council established under 34 CFR part 364, the advisory panel 

established under section 612(a)(21) of the Individuals with 

Disabilities Education Act, the State Developmental Disabilities 

Planning Council described in section 124 of the Developmental 

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

planning council established under section 1914(a) of the Public Health 

Service Act, and the State workforce investment board;

    (7) 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

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

of this part, as the Council determines to be appropriate, that are 

comparable to the other functions performed by the Council.

    (i) Resources.

    (1) The Council, in conjunction with the designated State unit, 

must prepare a plan for the provision of resources, including staff and 

other personnel, that may be necessary and sufficient for the Council 

to carry out its functions under this part.

    (2) The resource plan must, to the maximum extent possible, rely on 

the use of resources in existence during the period of implementation 

of the plan.

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

Council regarding the amount of resources necessary to carry out the 

functions of the Council must be resolved by the Governor, consistent 

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

    (4) The Council must, 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 any other agency or office of the State that would create 

a conflict of interest.

    (j) Meetings. The Council must--

    (1) Convene at least four meetings a year in locations determined 

by the Council to be necessary to conduct Council business. The 

meetings must be publicly announced, open, and accessible to the 

general 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.