[nfbmi-talk] Fw: Fw: Unpaid Family Worker
joe harcz Comcast
joeharcz at comcast.net
Tue Oct 29 14:10:10 UTC 2013
----- Original Message -----
From: "Wilson, Debbie (LARA)" <wilsond9 at michigan.gov>
To: "joe harcz Comcast" <joeharcz at comcast.net>
Sent: Tuesday, October 29, 2013 10:07 AM
Subject: RE: [nfbmi-talk] Fw: Unpaid Family Worker
Hi Joe
I have been waiting for your direction as when we spoke by phone you stated
that you had something else that you needed to do and that you would return
my call. You did not return the call but started sending emails instead. I
did send you a response via email about you request to have your case opened
with the vocational goal of unpaid family worker of which you do not meet
the criteria. We then discussed the possibility of having you case opened
with the vocational goal of homemaker and you stated that you did not want
to have your case opened as a homemaker. I did bring an IL app with me
during my initial visit and you stated that you did not feel comfortable
signing it. I am not sure what to do at this point. I want to move forward
with your case.
-----Original Message-----
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Monday, October 28, 2013 3:42 PM
To: Wilson, Debbie (LARA)
Subject: Fw: [nfbmi-talk] Fw: Unpaid Family Worker
Stille wondeering the status of my case Debbie! And I want everthing in
writing and in known accessible format.
----- Original Message -----
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Sent: Friday, October 25, 2013 8:37 AM
Subject: [nfbmi-talk] Fw: Unpaid Family Worker
Still no response....Well I guess there goes information, frank and
accessible dialogue, and of course, choice.
>From the individual blind person requesting information about his or her own
case to the macro of asking BSBP for even simple minutes this agency is
closed to all who happen to be blind, except for a handful of blind or
nominally blind hacks who work for this scofflaw institution.
Joe
----- Original Message -----
From: joe harcz Comcast
To: Wilson, Debbie (LARA)
Sent: Monday, October 21, 2013 1:10 PM
Subject: Re: Unpaid Family Worker
October 21 2013
Dear Debbie,
Here is the policy directive related to informed choice. Goes to my right to
accessible information every step of the process and my right to estalish my
goal.
Sincerely,
Joe
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND
REHABILITATIVE SERVICES
REHABILITATION SERVICES ADMINISTRATION
WASHINGTON, DC 20202
POLICY DIRECTIVE
RSA-PD-01-03
DATE: January 17, 2001
ADDRESSEES: STATE VOCATIONAL REHABILITATION AGENCIES (GENERAL)
STATE VOCATIONAL REHABILITATION AGENCIES
(BLIND)
STATE REHABILITATION COUNCILS
CLIENT ASSISTANCE PROGRAMS
REGIONAL REHABILITATION CONTINUING EDUCATION PROGRAMS
AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES PROJECTS
RSA SENIOR MANAGEMENT TEAM
SUBJECT: Implementation of Informed Choice
BACKGROUND: The Rehabilitation Act of 1973, as amended (the
Act), makes it clear in its policy statement that all programs, projects and
activities funded under the Act must be "carried out in a manner consistent
with the principles of respect for individual dignity, personal
responsibility, self-determination, and pursuit of meaningful careers, based
on informed choice, of individuals with disabilities" (section 2(c)(1) of
the Act). The Rehabilitation Act Amendments of 1992 introduced the
principle of "informed choice" into the statute and provided individuals
with disabilities expanded opportunities for increased involvement in the
direction of their vocational rehabilitation (VR) programming. The
Rehabilitation Act Amendments of 1998 (the 1998 Amendments) strengthened the
previous requirements related to informed choice and introduced additional
requirements that expanded opportunities for increased participation of
individuals with disabilities in developing and implementing their VR
programs.
This policy is reinforced in section 100(a)(3)(C) of the Act which states
that the State VR program must be carried out in a manner consistent with
the following principle: "Individuals who are applicants for such programs
or eligible to participate in such programs must be active and full partners
in the vocational rehabilitation process, making meaningful and informed
choices-- (i) during assessments for determining eligibility and vocational
rehabilitation needs; and (ii) in the selection of employment outcomes for
individuals, services needed to achieve the outcomes, entities providing
such services, and the methods used to secure such services."
The purpose of this Policy Directive (PD) is to describe how the VR program
can work with applicants and eligible individuals to ensure their full
participation, based on informed choice, throughout the rehabilitation
process. Since the implementation of informed choice makes demands on both
the individual and the VR program, this PD also discusses the roles of the
individual, the VR counselor, and the State VR agency in carrying out their
responsibilities.
Legal Requirements Related to Informed Choice
The 1998 Amendments consolidated all of the essential statutory requirements
related to informed choice in a new stand-alone section - section 102(d).
This section of the Act requires each VR agency to develop and implement
written policies and procedures that enable each applicant or eligible
individual to exercise informed choice throughout the entire rehabilitation
process. These policies and procedures must be developed in consultation
with the State Rehabilitation Council, if the agency has a Council, and must
require the State VR agency to:
* inform each applicant and individual eligible for VR services,
through appropriate modes of communication, about the opportunities to
exercise informed choice throughout the VR process, including the
availability of support services for individuals who require assistance in
exercising informed choice;
* assist applicants and eligible individuals in exercising informed
choice in making decisions related to the provision of assessment services;
* provide or assist eligible individuals in acquiring information
that enables them to exercise informed choice in the development of their
individualized plans for employment (IPE) with respect to the selection of
the employment outcome, VR services and service providers, the employment
setting and the settings in which the services will be provided, and methods
for procuring services;
* develop and implement flexible procurement policies and methods
that facilitate the provision of services and afford eligible individuals
meaningful choices among procurement methods; and
* ensure that the availability and scope of informed choice is
consistent with the obligations of the VR agency.
The Act requires the State VR agency to ensure that applicants and eligible
individuals, or their representatives, are provided information and support
services to assist them in exercising informed choice throughout the VR
process (section 101(a)(19) of the Act). Section 103(a)(2) of the Act states
that counseling and guidance services include information and support
services to assist an individual in exercising informed choice, reinforcing
the facilitative and supportive role of the VR counselor in assisting
individuals with disabilities to exercise informed choice.
The implementing regulations at 34 CFR 361.52(c) specify the minimum
information about services and service providers that must be provided by
the State VR agency to applicants and eligible individuals during the
process of developing the IPE. The information must include: the cost,
accessibility, and duration of services; the types of services; the degree
to which service settings are integrated; the qualifications of service
providers; and, to the extent available, information about consumer
satisfaction with those services. The regulations also suggest various
methods and sources for acquiring information about services and providers.
The opportunity for the individual to exercise informed choice requires
special emphasis during the development of the IPE. Section 102(b)(1)(A) of
the Act provides the individual with a choice of options for developing the
IPE. These include: (1) the individual developing all or part of the IPE;
or (2) the individual using technical assistance in developing all or part
of the IPE, including the assistance of the VR counselor employed by the
State VR agency. Section 102(b)(2)(B) of the Act requires that the IPE "be
developed and implemented in a manner that affords eligible individuals the
opportunity to exercise informed choice in selecting an employment outcome,
VR services, service providers, and methods for procuring services,
consistent with subsection (d)."
The 1998 amendments link the individual's employment outcome with the
informed choice of the individual. Section 102(b)(3)(A) of the Act
specifies the description of the individual's chosen employment outcome as a
"mandatory component" of the IPE and stipulates that the employment outcome
must be chosen by the individual and must be consistent with the strengths,
resources, priorities, concerns, abilities, capabilities, interests, and
informed choice of the individual. The respective responsibilities of the
individual and the State VR agency in working toward the achievement of the
employment outcome must be described in the IPE (Section 102(b)(3)(E)(i)
and (ii) of the Act).
The link between the employment outcome and informed choice is further
reinforced by the description of VR services in section 103(a) of the Act as
"any services described in an individualized plan for employment necessary
to assist an individual with a disability in preparing for, securing,
retaining, or regaining an employment outcome that is consistent with the
strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice of the individual." This is a change from
the previous description of VR services as "any goods or services necessary
to render an individual with a disability employable." These changes make
it clear that the cost, duration, or extent of vocational rehabilitation
services that an eligible individual may need to achieve a particular
employment goal should not be considered in identifying the goal. Instead,
the employment outcome must be based only on what is consistent with the
strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice of the individual.
Implementation of Informed Choice
Informed choice is a decision-making process that occurs throughout the
individual's experience in the VR program. Implementation of informed choice
should ensure that the individual, or if appropriate, the individual,
through his or her representative:
* makes decisions related to the assessment process and to selection
of the employment outcome and the settings in which employment occurs,
vocational rehabilitation services, service providers, the settings for
service provision, and the methods for procuring services;
* has a range of options from which to make these decisions or, to
the extent possible, the opportunity to create new options that will meet
the individual's specific rehabilitation needs;
* has access to sufficient information about the consequences of
various options;
* has skills for evaluating the information and for making
decisions, or, to the extent possible, the opportunity to develop such
skills or support and assistance in carrying out these functions;
* makes decisions in ways that reflect the individual's strengths,
resources, priorities, concerns, abilities, capabilities, and interests; and
* takes personal responsibility, to the extent possible, for
implementing the chosen options.
While the Act emphasizes the importance of the individual's ability to
exercise informed choice throughout the VR process, section 102(d)(5) of the
Act requires the State VR agencies to ensure that the availability and scope
of informed choice is consistent with the VR agencies' responsibilities for
the administration of the VR program. Parameters that affect the exercise
of informed choice are imposed by: statutory and regulatory requirements,
including sections 101(a)(6)(C) (accessible facilities), 101(a)(8)(A)
(comparable services and benefits) and 101(a)(9)(B) (provision of services)
of the Act, 34 CFR 361.50 (written policies regarding provision of services)
and 361.54 (participation in the cost of services) of the implementing
regulations, and 34 CFR 80.36(a) (procurement) of the Education Department
General Administrative Regulations; Federal and State VR agency policies;
and factors specific to each individual.
Roles and Responsibilities
Effective implementation of informed choice depends on efforts of the
individual and, as appropriate, people important in the individual's life,
working jointly with the VR counselor. The efforts of all of these
individuals should be supported by the policies, procedures, and practices
of the State VR agency.
The Applicant and/or Eligible Individual: The Conference Report for HR
1385, Workforce Investment Act of 1998, refers to the "need to provide
greater choice and involvement of vocational rehabilitation clients in
developing their service plans." (House Report 105-659, p. 355). To
accomplish this, the individual must make decisions about the options for
developing the IPE, the extent of technical assistance needed for exercising
the various options, and the extent to which family members and others are
to be involved in the IPE planning process.
Exercising informed choice and taking more responsibility in the VR process
makes demands on individuals with disabilities, and may also make demands on
other people in their lives. To be fully engaged in the VR process,
including development of the IPE, the individual must gather and use
information to the extent possible, participate in planning and problem
solving, make and implement decisions, and seek or identify needed
resources. The individual engages in these activities to make decisions
about the selection of the employment outcome, VR services, service
providers, service and employment settings, and methods for procuring
services. Once the IPE has been signed both by the individual and the VR
counselor employed by the State VR agency, the individual assumes the
responsibilities identified in the IPE for implementing the decisions and
achieving the employment outcome.
The VR Counselor: The Conference Report for HR 1385, Workforce Investment
Act of 1998, established the expectations that changes in the informed
choice and IPE provisions will "fundamentally change the role of the
client-counselor relationship, and that in many cases counselors will serve
more as facilitators of plan development." (House Report 105-659, p. 355).
The VR counselor facilitates the process with knowledge of rehabilitation
and the VR process, an understanding of informed choice, information
regarding rehabilitation resources and current labor market trends, and the
experience of assisting other individuals through the VR process.
It is generally the responsibility of the VR counselor to inform the
individual about available options for developing the IPE and for exercising
informed choice and to assure that the individual understands the options.
The counselor assists the individual during the assessment process to
discover the individual's strengths, abilities, capabilities, and interests.
If appropriate, the counselor encourages the participation of family members
and others in the VR process.
The counselor also assists the individual in exercising informed choice,
informs the individual of services that support the individual in exercising
informed choice, and helps the individual link with any necessary support
services. The counselor facilitates the development of the individual's
ability to gather information and supports the individual in making
decisions to the best of the individual's ability.
The counselor works with the individual to build relationships and to align
resources that will enable the individual to exercise informed choice and to
work toward the employment outcome.
The State VR Agency: The role of the State VR agency is to administer the VR
program in a manner that supports the joint efforts of the individual and
the VR counselor. Agencies can provide such support by implementing
policies and procedures that provide the maximum opportunity for individuals
to exercise informed choice, for the VR counselor to support individuals in
that effort, and for the development of employment and service options that
meet a wide range of individual needs. Commitment to informed choice by the
leadership of the agency is critical to these efforts.
State VR agencies are responsible for facilitating the development of
information resources, tools, and support services needed by individuals and
counselors to fully implement informed choice. Agencies need to provide
the information in accessible formats or modes of communication that
individuals can understand. The VR agency also has a responsibility to
develop or make available a variety of resources to assist individuals in
planning, problem solving, and building decision-making skills.
Working with State procurement staff and other relevant agencies, the VR
agency should seek maximum flexibility in procurement procedures for both
the VR program and its participants. The VR agency should assure that its
policies and procedures support an individual's ability to exercise informed
choice so that the agency's policies and procedures do not result in the
pre-selection of employment outcomes, services, and service providers for VR
participants.
Beyond fulfilling program requirements, the State VR agency can use its
resources and influence to promote and improve the implementation of
informed choice. The capacity for resource development can be used to
increase the employment and training options that are available for
participants and to support the development of service providers willing to
negotiate with VR participants about individualized services. Providing
training about implementation of informed choice to VR counselors and other
service providers who interact with participants helps to assure consistent
practices and to disseminate information about innovations. The agency can
foster the development of creative approaches for implementing informed
choice by identifying, supporting, and replicating promising practices.
POLICY
STATEMENT: The State VR program must provide applicants
and individuals eligible for VR services with opportunities to exercise
informed choice throughout the VR process, including making decisions about
the employment goal, VR services, service providers, settings for employment
and service provision, and methods for procuring services. To enable an
individual to make such decisions, the State VR agency must provide
information, support and assistance needed by the individual. The VR agency
has the responsibility to implement policies, procedures, and practices, and
to develop resources that enable applicants and individuals eligible for VR
services to exercise informed choice throughout the entire VR process; these
policies, procedures, and practices must be consistent with Federal
statutory and regulatory requirements.
CITATIONS: Sections 2(c)(1), 100(a)(3)(C); 101(a)(6)(C),
(8)(A), (9)(B), and (19); 102(b)(1)(A), (2)(B) and (C), (3)(A) and (3)(E)(i)
and (ii); 102(d); and 103(a) and (a)(2) of the Rehabilitation Act of 1973,
as amended.
EFFECTIVE
DATE: Upon issuance.
EXPIRATION
DATE: None
INQUIRIES: Regional Commissioners
____________________
Fredric K. Schroeder
Commissioner
CC: CSAVR
NAPAS
CANAR
NCIL
RSA Regional Offices
(Regions II, IV, V, VIII, and X)
----- Original Message -----
From: Wilson, Debbie (LARA)
To: joe harcz Comcast
Sent: Tuesday, October 15, 2013 11:34 AM
Subject: RE: Unpaid Family Worker
Hi Joe
The information is from RSA policy directive dated February 8, 2012:
RSA-PD-12-05; however, RSA's website is currently down due to the furlough.
BSBP services are individualized and we did discuss during our initial
meeting what some of the options are. I will follow up with you via phone to
further discuss your request for services.
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Monday, October 14, 2013 11:34 AM
To: Wilson, Debbie (LARA)
Subject: Re: Unpaid Family Worker
Can you send me that particular cite in full along with a list of what
might be appropriate for my case?
----- Original Message -----
From: Wilson, Debbie (LARA)
To: joeharcz at comcast.net
Sent: Monday, October 14, 2013 11:22 AM
Subject: Unpaid Family Worker
Hi Joe
As mentioned during our meeting on 10/7/13 at 1:00, I stated that I
would get back to you today regarding your request to have your case
reopened with the vocational goal of Unpaid Family Worker. The federal
definition of an Unpaid Family worker is one who works without pay on a
family farm or in a family business. Therefore your request does not meet
the criteria. Thanks
Debbie Wilson
Assistant Central Region Manager
Bureau of Services for Blind Persons
125 E. Union Street 7th Floor
Flint, Michigan 48502
Phone: 810.760.2035
Fax: 810.760.2032
E-mail: Wilsond9 at michigan.gov
www.michigan.gov/mcb
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