[nfbmi-talk] Fw: Fw: Unpaid Family Worker
joe harcz Comcast
joeharcz at comcast.net
Tue Oct 29 14:37:17 UTC 2013
----- Original Message -----
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "Wilson, Debbie (LARA)" <wilsond9 at michigan.gov>
Sent: Tuesday, October 29, 2013 10:36 AM
Subject: Re: [nfbmi-talk] Fw: Unpaid Family Worker
>I write to you to document the abuses Ms. Wilson in both law and equity.
>
> I don't need to return your phone calls though I did and you are outright
> lying here and my phone will show that you are lying outright.
>
> By the way the meeting you refer to herein contains another lie and you
> did not give me anything in accessible format whatsoever at that meeting
> and you sent me only as you acknowledge here in this very message an IL
> form. You have never and I repeat never given me even a VR form at all
> including the silly "home maker" form you reference in any format let
> alone an accessible format.
>
> Now, I'm certain things are tough for you actually having to do some basic
> case work, and all that, but frankly I don't give a rip about your
> circumstances being the poor little beatupon and highly paid bureaucrat
> you are.
>
> What I care about is that you and all in BSBP follow the law of the land
> that funds you and indeed secures for you and others a blessed exisistence
> while we who are really blind get nothing but BS from BSBP including you.\
>
>
> ----- 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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