[nfbmi-talk] Fw: false statements in spil cap info alternate formats

[joe harcz Comcast]

Was this distributed to members of the SILC? And for the record in spite of 
numerous oral and written requests I have still not recieved this 
information in the four alternate formats  from MPAS/CAP for distribution at 
the NFB of Michigan State convention which was held October 10. So I guess 
timely delivery is out of the question.

Sincerely,

Paul Joseph Harcz, Jr.
----- Original Message ----- 
From: "joe harcz Comcast via nfbmi-talk" <nfbmi-talk at nfbnet.org>
To: "Timothy Beatty RSA" <Timothy.Beatty at ed.gov>
Cc: "Marlene Malloy MCRS Dir." <marlene at mcrs13.org>; "Sarah Gravetti silc 
mcrs mcil" <SARA at dnmichigan.org>; "MARK CODY mpas pair" <MCODY at mpas.org>; 
"Ed Rodgers BSBP Dir." <rodgerse at michigan.gov>; <nfbmi-talk at nfbnet.org>; 
"BRIAN SABOURIN" <BSABOUR at mpas.org>; "Elmer Cerano MPAS" <ECERANO at mpas.org>; 
"MARK MCWILLIAMS MPAS" <MMCWILL at mpas.org>; "Rodney Craig MISILC" 
<rodney at misilc.org>
Sent: Friday, November 14, 2014 11:55 AM
Subject: [nfbmi-talk] false statements in spil cap info alternate formats


November 14 2014 on SPIL CAP Info



Paul Joseph Harcz, Jr.

1365 E. Mt. Morris, Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262



Re: Accessible CAP Info in SPIL

To

Rodney Craig, Michigan SILC, Interim ED

Sarah Gravetti, Chair MI SILC

Michigan Protection and Advocacy Services, Inc. /CAP

Edward Rodgers, BSBP

(Via e-mail ()



    All,



I point your attention to the false entry in the current Statewide Plan for 
Independent Living:





“3.3 All service providers will use formats that are accessible to notify 
individuals seeking or receiving IL services under chapter 1 of title VII 
about:

List of 3 items

• the availability of the CAP authorized by section 112 of the Act;

• the purposes of the services provided under the CAP; and

• how to contact the CAP.

list end

Yes”



In fact Title II of the ADA, subpart e requires that all entities of state 
and local government produce without surcharge and in a timely manner to 
members of the public who are blind, based upon “primary consideration”. 
That includes:



1. Braille

2. Accessible electronic

3. Large Print

4. Audio



These things are also supposed to be prepared in advance, affirmatively as 
well.This only makes sense for the “timeliness component” cannot be met if 
the entity doesn’t act affirmatively and it is a civil right to receive this 
affirmatively.



Similar obligations are required under Section 504 which applies to each and 
every recipient of federal funding including all of our 15 CILs and indeed 
Michigan Protection and Advocacy Services itself.

Now, MPAS and CAP does not remit said information in the four accessible 
formats even upon request as illustrated by my  phone and written request to 
CAP/MPAS made in September of this year to distribute CAP basics in the four 
alternate formats at the National Federation of the Blind State convention. 
I ststill have not received this information to this date!



Nor can this basic information be found in any of our CILS that I know of 
including my CIL, The Disability Network in Flint.



I dare say since CAP itself doesn’t do this that no CIL acts affirmatively 
and moreover most don’t even put this stuff on their web sites. And 
particularly for newly blinded individuals they likely don’t have adaptive 
computers, etc. in order to access this crucial information in the first 
place even if it is on a web site which is why this information needs to be 
made accessible in the other formats.



Moreover, MRS and BSBP do not routinely supply these documents affirmatively 
in their offices in the four alternative formats.



Shoot BSBP doesn’t even supply information related to IL/OB programs to 
customers in accessible formats affirmatively as demonstrated in its own 
consumer satisfaction surveys.



Thus all entities in the IL loop here violate the civil rights of the blind 
of Michigan. And thus the above entry in the SPIL is a demonstrable false 
statement.





Moreover, the failure to give said information out uniformly in the most 
effective format of the individual here denies customers who are blind or 
visually impaired of due process.



We have to struggle to get the phone number of CAP let alone clearly 
delineated rights!



This situation needs to be rectified yesterday!



Finally I call upon the Chair of the SILC and the Executive Director to 
distribute this to all members of the SILC and to all CILs and to ask them 
to produce these required documents in the four alternate formats yesterday, 
for indeed it was required under the ADA alone as of January 26, 1992 under 
implementing regulations!

The proof is in the pudding!



Bottom line is that every CIL, BSBP, MPAS, DHS/MRS and all IL related 
entities in this state violate the rights of the blind and visually impaired 
community daily, and in documented fashion in these regards and it must end.



Sincerely,



Paul Joseph Harcz, Jr.



Cc: NFB MI

Cc: MI ADAPT

Cc: MCRS, ED


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