RECOMMENDATIONS FOR STRUCTURE AND FEATURES OF A SEPARATE
STATE AGENCY FOR PEOPLE WHO ARE BLIND OR VISUALLY IMPAIRED
Revised 4/7/97
As states assume ever greater responsibility for administering
employment and training programs, it is fitting that vocational
rehabilitation for people with disabilities be responsive to the
needs of the various states and to the individuals served.
Statutory Authority
We advocate that the most appropriate means to provide services is
through the establishment in statute of a separate and distinct
agency organized for that purpose to provide comprehensive programs
of services including rehabilitation services for people who are
blind and visually impaired. It should be governed by a Commission
of citizens interested in advancing the independence, productivity
and self-sufficiency of the blind and visually impaired. Others
have already described why a separate agency is the most effective
means of providing rehabilitation to people who are blind or
visually impaired. The purpose of this paper is to describe the
most appropriate structure, governance, and administration for such
an agency.
Governance
The separate agency for the blind should be governed by a
Commission with responsibilities for policy, budget and personnel.
We believe it is essential for the Commission to have direct access
to the governor and legislature. It is also critical that the
Commission address the needs and attain the support of the state's
citizens who are blind or visually impaired. We believe the
structure outlined here will meet both requirements.
Commissioners should be appointed by the governor with the
confirmation of the appropriate legislative body, for a specified
period of time. While the governor must possess the authority to
remove Commissioners "for cause," protection should be included to
guard against capricious removal of a Commissioner resulting from
a change of governors or political party.
The optimal size of such a Commission will vary depending on the
population of the state and other factors. A range of 5-7 members
is recommended. A majority of the Commissioners should be legally
blind, including representatives of organizations of blind persons.
Commissioners should not be state employees. Commissioners should
be paid a per diem and should be reimbursed for actual expenses
incurred in performance of their duties.
Powers and Duties
To facilitate planning and implementation which ensures provision
of a scope and intensity of services needed by individuals who are
blind or visually impaired, the Commission must be granted specific
powers and duties in state law. At a minimum, we recommend the
following specific authority for the Commission.
The Commission shall have the express authority to:
* adopt policies and procedures (with appropriate legislative
oversight) which are in accord with the Federal Rehabilitation
Act and applicable state laws, concerning vocational
rehabilitation) independent living services, and other
applicable services for blind persons;
* develop and submit a separate State Plan for vocational
rehabilitation and independent living services, including, an
assessment of the rehabilitation needs of the state's blind
and visually impaired population, called for under the Federal
Rehabilitation Act;
* employ and specify the duties of a Director who in
accordance with guidelines established by the Commission
and personnel standards, shall employ and supervise
appropriate staff who are experienced and qualified in
matters concerning blindness;
* develop guidelines for accepting gifts, grants, devices, or
bequests or real or personal property from any source for the
use and purposes of the agency;
* identify criteria for the establishment and monitoring of
grants and contracts for the development and operation of
specialized rehabilitation facilities and programs to meet the
rehabilitation needs of individuals who are blind or visually
impaired;
* take such action and do such things as may be necessary to
carry out the functions of the agency.
Administration
The Commission shall appoint an agency director who has experience
in the provision of rehabilitation services for people who are
blind or visually impaired. The Director shall be the Chief
Executive Officer of the agency and shall be responsible for
implementing and administering the policies and procedures adopted
by the Commission.
The Director should be vested with the authority to:
* administer the agency budget and program in accordance with
applicable federal and state laws and policies.
* administer the selection and supervision of personnel in
accordance with federal and state laws and available funds;
* establish and maintain offices for the agency;
* contract as necessary with public or private agencies or
individuals for goods and services needed to carry out the
agency's programs;
* compile, maintain, and distribute information relating to the
needs and capabilities of individuals who are blind or
visually impaired;
* manage and control all property belonging to the agency and do
such other things that may be necessary to conduct the
agency's program.