[nfbmi-talk] state plan comments

[joe harcz Comcast]

July 15 2012 More Comments and More Violations in State Plan 

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

To: D. Gaston via internet

 

All,

 

 

I quote   from Executive Order 2012-10:

 

 

“          Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement of the Director of the Commission for the Blind are transferred to the Director of the Department of Licensing and Regulatory Affairs.

“

 

These are clearly non-delegable authorities to  non VR entity under the Rehabilitation Act and are an invalid exercise of the Designated State Agency cited in:

 

“TECHNICAL ASSISTANCE CIRCULAR

RSA-TAC-12-03

DATE:  April 16, 2012

“

 

Specifically here:

 

“In addition, regulations found at 34 CFR 361.13(c) require that certain functions be reserved solely to the staff of the DSU and that these functions may not be delegated to any other agency or individual (34 CFR 361.13(c)(2)).  At a minimum, these “non-delegable” responsibilities relate to decisions affecting:

 

·         eligibility, the nature and scope of services, and the provision of those services (34 CFR 361.13(c)(1)(i));

·         the determination that individuals have achieved employment outcomes (34 CFR 361.13(c)(1)(ii)); 

·         policy formulation and implementation (34 CFR 361.13(c)(1)(iii)); 

·         the allocation and expenditure of VR funds (34 CFR 361.13(c)(1)(iv)); and 

·         the participation of the DSU in the one-stop service delivery system in accordance with Title I of the Workforce Investment Act (WIA) and the regulatory requirements specified in 20 CFR Part 662 (34 CFR 361.13(c)(1)(v)).

 

 

“

 

Bottom line here is that the entire MCB State Plan and the Executive Order creating it are an invalid abuse of federal law and an open knowing misappropriation of federal VR funds to a non-vocational entity (DSA/LARA).

 

Sincerely

 

Paul Joseph Harcz, Jr.

 

Cc: MCB Commissioners

Cc: MPAS

Cc: MRC

Cc: NFB, ACB

Cc: RSA

Cc: several