[nfbmi-talk] why not mcb and mrc?

[joe harcz Comcast]

Attached find a closure of but one Office of Civil rights complaint made while in New Hampshire against its VR agency and its SRC. Now years later getting timely and accessible information from MCB including such things as draft minutes and financial documents is still discriminatory and the boss knows it which makes it malicious discrimination.

Ditto for the clowns at Michigan Rehabilitation Services.

Moreover, we can see by the suit against the Cadillac Place and the DTMB facility surveys that both organizations use daily, and public meetings in facilities that are non-compliant with both the program access requirements of Title II of the ADA and Section 504 of the very Rehabilitation Act of 1973 that creates and funds these scofflaw institutions.

Joe Harcz
From: Deakin, Robert <Robert_Deakin at ed.gov>
To: 'harcz at office.mv.com' <harcz at office.mv.com>
Cc: Pierce, Robert <Robert_Pierce at ed.gov>
Subject: Re: Complaint No.  01-00-3002
Date: Thursday, October 26, 2000 8:27 AM





October 25, 2000


Mr. Paul Joseph Harcz, Jr.
harcz at office.mv.com
234 B Green Street, Apt. #6
Manchester, New Hampshire 03103

     Re: Complaint No.  01-00-3002

Dear Mr. Harcz:

The Office for Civil Rights (OCR) has completed its investigation of this
complaint from you against the New Hampshire Department of Education (NHDE)
alleging discrimination on the basis of your disability. Specifically, you
alleged that the Division of Adult Learning and Rehabilitation (DALR) failed
to provide you with notices of State Rehabilitation Council (Council)
meetings in a format accessible to you. We are sending this letter to you at
your e-mail address and also by regular mail.

OCR accepted this complaint because you made allegations that fall under the
jurisdiction of Section 504 of the Rehabilitation Act of 1973 (Section 504),
and Title II of the Americans with Disabilities Act of 1990 (ADA).  These
laws prohibit discrimination based on disability. The NHDE is subject to the
requirements of Section 504 because it receives Federal financial assistance
from the U.S. Department of Education, and it is subject to the requirements
of the ADA because it is a public entity with responsibility for elementary
and secondary education programs. 

OCR has determined that NHDE has agreed to take appropriate action to
resolve your allegation. An explanation for our determination is set forth
below.

Under Section 504 and the ADA, social service agencies such as NHDE, and
DALR are subject to a number of regulatory requirements. Such agencies,
among other requirements, must provide appropriate auxiliary aids to persons
with impaired sensory, manual, or speaking skills, where necessary to afford
such persons an equal opportunity to benefit from the service[s] such agency
provides.  Auxiliary aids may include Brailled and taped material,
interpreters, and other aids for persons with impaired hearing or vision.
If the agency provides notice of services, benefits, rights or consent to
treatment, the agency must take the necessary steps to ensure that qualified
persons with disabilities, including those with impaired sensory or speaking
skills, are not denied effective notice because of their disabilities.
While a client's primary means of communication should be considered by the
agency in providing services, it is not the only means of communications
that may be used by the agency. Other methods of communication by the agency
may be suitable and conform to the requirements of Section 504 and the ADA
depending on the nature and characteristics of the communication, and other
concerns that may be relevant to the particular matter involved. 

OCR contacted the NHDE and received information about its policies for
providing services, including adjustments in services to clients with
disabilities. OCR also received information about your status as a client
and services from the NHDE and its subordinate components, and in turn,
discussed this information with NHDE staff. OCR also learned that notices of
the Council's meetings were printed in a newspaper, The Manchester Union
Leader, that is widely circulated in the state.  Council staff also told OCR
that a column concerning access issues in that newspaper included
information about Council activities and was usually posted on the Internet
in a list service sharing information of interest to persons with
disabilities.
 
OCR learned that since May 2000 the NHDE posts information about the Council
on the NHDE Internet site found at:
http://www.ed.state.nh.us/VRWEB/adCouncil.html. This includes information
about the organization of the Council, as well as Council meetings and how
to get information about the Council and its activities. In addition it
provides a contact name and address for persons with disabilities to request
information including requests for adjusted services.

OCR also learned that at your request, you are being sent an email notice
about Council meetings in addition to the information available on the NHDE
website noted above. In addition, a member of the Council's administrative
staff agreed to report to OCR by November 10, 2000 concerning the use of
public service radio announcements, posting information about upcoming
Council activities on the NHDE's website, as well as other means, such as
postings on the NH Federation of the Blind's internet list service. These
will supplement the existing notice methods that include electronic mailings
to individuals on request and publication in the only statewide daily
newspaper. 

Based on NHDE's commitment to notify you by electronic mail of Council
activities and commitment to take additional steps to resolve the
allegation, OCR considers the allegation resolved and is closing the
investigation as of the date of this letter. 

If you have any questions or comments regarding this complaint please
contact Robert Deakin at (617) 223-9673 (voice), (617) 223-9669 (fax) or me
at (617) 223-9699.


     Sincerely,


      Robert L. Pierce
      Program Manager