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State Rehabilitation CouncilComposition and Membership
NATIONAL STATE REHABILITATION COUNCIL FORUM
JUNE 24, 2013
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Today’s Presentation
HistoryMembership CompositionAppointmentTerms of AppointmentContinuous Recruitment
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History
The 1998 amendments to the Rehabilitation Act emphasized the intent of a partnership role with the state agency.
Pre-1998: State Rehabilitation Advisory Council
Post-1998: State Rehabilitation Council
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Membership
Federally mandated membership requirements include a broad range of stakeholders to ensure various constituencies have a voice in the conduct of the VR agency.
The Council must be composed of at least 15 members – regulations specify requirements.
IMPORTANT
SRCs are the consumer voice for the VR program!
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Composition
1. At least 1 representative of the Statewide Independent Living Council
2. At least 1 representative of a parent training and information center
3. At least 1 representative of the Client Assistance Program
4. At least 1 qualified vocational rehabilitation counselor (ex officio)
5. At least 1 representative of community rehabilitation program service providers
6. 4 representatives of business, industry and labor
7. Representatives of disability groups
34 CFR 361.17(b)(1)(i)-(xii)
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Composition (continued)
8. Current or former applicants for, or recipients of, vocational rehabilitation services
9. Where applicable, 1 representative of the directors of American Indian Vocational Rehabilitation projects
10. At least 1 representative of the State educational agency responsible for the public education of students with disabilities
11. At least 1 representative of the State workforce investment board
12. The director of the designated State unit (ex officio)
34 CFR 361.17(b)(1)(i)-(xii)
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Composition Considerations
SRC composition varies from state to state.
A majority of the council members must be people with disabilities and NOT employed by the state unit.
Diversity of membership lends itself to broader perspectives, opinions and knowledge.
Diversity in membership may present a challenge keeping individual interests in check.
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Commonly Asked Question
Can one person represent more than one agency or stakeholder group on the SRC?
RSA has consistently stated that a member of the SRC can represent only one agency or organization on the council at a time.
Each member represents a different interest, sometimes one that is divergent from that of other members, we maintain that each organizational requirement must be met separately.
Final Regulations, 66 Fed. Reg. 4379, 4423 (Jan. 17, 2001)
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State Agency for Individuals Who are Blind
If the State establishes a separate Council for a separate state agency for individuals who are blind, that Council must—
Conform with all of the composition requirements for a Council previously stated EXCEPT…
34 CFR 361.17(b)(3)
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State Agency for Individuals Who are Blind
COUNCIL EXCEPTIONS
Rather than representatives from “disability groups” the Council must include:
(A) At least one representative of a disability advocacy group representing individuals who are blind; and
(B) At least one representative of an individual who is blind, has multiple disabilities, and has difficulty representing himself or herself or is unable due to disabilities to represent himself or
herself.
Majority of the Council members must be individuals who are blind and are not employed by the designated State unit.
34 CFR 361.17(b)(3)
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Commonly Asked Question
Must the director of the designated state unit
be a member of the SRC?Regardless of whether the SRC is a general agency or a blind agency, the director of the designated state unit must be appointed to the SRC as an ex-officio, nonvoting member.
In states where one SRC represents two designated state units – one for individuals who are blind and one for all other individuals with disabilities – both directors must be appointed to the SRC and serve in a nonvoting, ex-officio capacity.
34 CFR 361.17(b)(i)(xii)
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Appointment
If the State has established a Council under §361.16(a)(2) or (b), the Council must:
Be appointed by the governor
UNLESS
a state has a state law that vests the appointing authority to another individual or body.
34 CFR 361.17(a)(1)
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Appointment
(2) The appointing authority must select members of the Council after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. In selecting members, the appointing authority must consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council.
34 CFR 361.17(a)(2)
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Terms of Appointment
(e) Terms of appointment. (1) Each member of the Council must be appointed for a term of no more than 3 years, and each member of the Council, other than a representative identified in paragraph (b)(1)(iii) or (ix) of this section, may serve for no more than two consecutive full terms.
(2) A member appointed to fill a vacancy occurring prior to the end of the term for which the predecessor was appointed must be appointed for the remainder of the predecessor's term.
EXEMPT: CAP, AIVR, VR Director
34 CFR 361.17(e)
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Terms of Appointment
(3) The terms of service of the members initially appointed must be, as specified by the appointing authority as described in paragraph (a)(1) of this section, for varied numbers of years to ensure that terms expire on a staggered basis.
34 CFR 361.17(e)
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Commonly Asked Question
Can a member of the SRC continue to serve on the council once his or her term has expired?
No member of the SRC to whom term limits apply can continue to serve on the council once his or her term has expired, unless he or she is reappointed if eligible.The Act makes it clear that a vacancy shall not affect the ability of the remaining SRC members to perform their duties.The Act permits the appointing authority to delegate the authority to the remaining SRC members to fill a vacancy once the appointing authority has made the original appointment.
34 CFR 361.17(f)(1)(2)
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Vacancies
(f) Vacancies. (1) A vacancy in the membership of the Council must be filled in the same manner as the original appointment, except the appointing authority as described in paragraph (a)(1) of this section may delegate the authority to fill that vacancy to the remaining members of the Council after making the original appointment.
(2) No vacancy affects the power of the remaining members to execute the duties of the Council.
34 CFR 361.17(f)
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Recruitment
Ongoing
Plan for Outreach
Recruitment Plan
Challenges
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Best Practices in the Field
Recruitment StrategiesAppointments – Governor or designeeMembership – RetentionTerms of service – length of terms, period of terms
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Resources
RSA Website: http://rsa.ed.gov Formal Guidance: http://rsa.ed.gov/policy.cfm
TAC-12-01 Federal Requirements Governing the composition and Membership of, and Appointments to, the State Rehabilitation Councils
State Liaisons: http://rsa.ed.gov/people.cfmSRC On-Line Training Series: www.erehab.org36th IRI The State Rehabilitation Council – Vocational
Rehabilitation Partnership at: http://iriforum.org/books.aspx#36ua
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Thank You!
Terry Martin, EdD Sean Burlile, PhD
VR Program Specialist Idaho SRC, Chair
Technical Assistance Unit Boise, ID
Rehabilitation Services Administration
U.S. Department of Education
202-245-7275 phone
terrence.martin@ed.gov
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