[nfbmi-talk] Fw: Michigan state plan

Wed Oct 10 17:39:10 UTC 2012

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From: "McManus, Craig" <Craig.McManus at ed.gov>
Sent: Wednesday, October 10, 2012 1:25 PM
To: "Larry Posont" <president.nfb.mi at gmail.com>; "Anthony, Edward" <Edward.Anthony at ed.gov>; "Dobak, Carol" <Carol.Dobak at ed.gov>; 
"Frye, Daniel" <Daniel.Frye at ed.gov>; <jcscot at sbcglobal.net>; <laschuck at juno.com>; <cannonp at michigan.gov>; <LuzenskiS at michigan.gov>; 
"Rankin-White, Sue" <Sue.Rankin-White at ed.gov>
Subject: RE: Michigan state plan

Dear Mr. Posont,

This is in response to your email, dated September 24, 2012, regarding the submission of the Fiscal Year (FY) 2013 Vocational 
Rehabilitation (VR) State plan for the Michigan Bureau of Services for Blind Persons (BSBP), housed within the Department of 
Licensing and Regulatory Affairs (LARA) as of October 1, 2012.  In your email, you stated that the Michigan Commission for the Blind 
(MCB) and the Michigan Rehabilitation Council (MRC) had not approved the FY 2013 VR State plan and, therefore, you asserted that 
Michigan should not receive funding under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

As you know, the Governor of Michigan's Executive Order 2012-10 reorganized the structure of the VR program by eliminating MCB and 
establishing, in its place, the BSBP within LARA.  The Executive Order moved the Michigan Rehabilitation Services (MRS) from LARA to 
the Department of Human Services.  The Executive Order also established a single State Rehabilitation Council - the MRC -- to 
represent both the BSBP and MRS, as Michigan is permitted to do under section 101(a)(21)(B) of the Rehabilitation Act.  As explained 
below, the Rehabilitation Services Administration has determined that, in carrying out this reorganization, Michigan has met the 
requirements of section 101 of the Rehabilitation Act and, therefore, may receive VR funding for FY 2013.

In order to receive VR funding, a State must submit a State plan that meets the requirements of section 101 of the Rehabilitation 
Act (section 101(a)(1)(A) of the Rehabilitation Act).  Among those requirements, a State must designate a State agency and, under 
certain circumstances, a State unit, to administer the VR program (section 101(a)(2) of the Rehabilitation Act).  Beginning with FY 
2013, Executive Order 2010-10 designates LARA as Michigan's designated State agency and BSBP as its designated State unit to 
administer the VR program that serves individuals who are blind.  The FY 2013 State plan submitted by LARA/BSBP reflects the new 
organizational structure for the VR program in Michigan and describes how the VR program that serves blind individuals will be 
administered during that fiscal year.  The State plan also describes MRC and the role it will have during FY 2013.  Consistent with 
section 101(a)(21)(A)(ii)(III) of the Rehabilitation Act, the FY 2013 State plan, at Attachment 4.2(c), also reflects feedback from 
the public and members of MCB (as the former independent commission) that was acquired by LARA/BSBP during the development of the 
State plan.

There is no federal requirement that a State Rehabilitation Council approve a State plan prior to its submission.  Thus, although 
MCB existed during the time that the FY 2013 VR State plan was developed, it ceased to exist on October 1, 2012, which is the 
effective date of the FY 2013 State plan.  Therefore, the FY 2013 State plan includes feedback from the Commission, provided in a 
manner consistent with federal requirements.  We anticipate that FY 2013 VR grants will be issued shortly.

We hope that this response addresses your concerns.  If you have further questions, please contact me at 202-245-6579.

Craig McManus
Financial Management Specialist
Rehabilitation Services Administration
550 12th Street, S.W. Room 5181
Washington, D.C., 20202
202-245-6579
craig.mcmanus at ed.gov

-----Original Message-----
From: Larry Posont [mailto:president.nfb.mi at gmail.com]
Sent: Monday, September 24, 2012 9:29 PM
To: Anthony, Edward; Dobak, Carol; McManus, Craig; Frye, Daniel; president.nfb.mi at gmail.com; jcscot at sbcglobal.net; 
laschuck at juno.com; cannonp at michigan.gov; LuzenskiS at michigan.gov
Subject: Michigan state plan

20812 Ann Arbor Trail
Dearborn Heights, MI 48127

September 24, 2012

Craig McManus
Financial Management Specialist
Rehabilitation Services Administration
550 12th Street, S.W. Room 5181
Washington, D.C., 20202
202-245-6579
craig.mcmanus at ed.gov

Dear Craig McManus

    I am writing to you in my official position as Vice Chair of the Michigan Commission for the Blind Board. The State Plan for 
Michigan for 2013 was sent to the Rehabilitation Services Administration without the approval of the Michigan Rehabilitation 
counsel. It was sent by Mike Zimmer and the Department of Licensing and Regulatory Affairs without the approval of the Michigan 
Commission for the Blind Board that is functioning as the Michigan Rehabilitation counsel . This is against the mandates in the 
Rehabilitation Act of 1973.
Michigan should not receive Federal funds from the Rehabilitation Services Administration until the Department of Licensing and 
Regulatory Affairs obtains approval for the 2013 State Plan from the Michigan Rehabilitation counsel, the Michigan Commission for 
the Blind Board.

Sincerely,

Larry Posont, Vice Chair Commission for the Blind Board Member
                  The primary goal of The Commission for the Blind is the gainful employment of Michigan's blind citizens. This is 
my primary goal as a Commissioner.

(313) 271-3058
Email: president.nfb.mi at gmail.com

Lydia Schuck
JOHN SCOTT
Michigan Commission for the Blind board members 