Advocacy

Funding in Budget Bill Replaces L.D. 765

Thanks to Senator Rosen, Representative Flood and all of the members of the 125th Maine Legislature's Committee on Appropriations and Financial Affairs:

In response to communications from concerned consumers, the Appropriations Committee has chosen to include funding for 2.5 positions identified in L.D. 765 for inclusion in Section 1 of Part FFF of the FY2013 supplemental budget bill. Section 2 of Part FFF also directs the Commissioners of Maine's Department of Labor and Department of Education to develop a plan to save $287,541 dollars through cost savings and efficiencies in order to fund four additional positions identified in L.D. 765. Section 3 of Part FFF of the budget bill directs the Commissioner of Labor and the Commissioner of Education to present their plan to the Legislature's committees on Appropriations, Labor and Education by September 15, 2012.

The positions funded in the FY2013 supplemental budget are for one contracted position for a Teacher of the Visually Impaired ("TVI") and 1.5 Orientation & Mobility ("O&M") Instructors at the Department of Labor's Division for the Blind and Visually Impaired. The four additional positions to be funded through future cost savings and efficiencies include one more contracted TVI, one Blindness Rehabilitation Specialist ("BRS") at DBVI and two contracted positions for Vision Rehabilitation Therapists ("VRT"). The TVI positions are currently contracted through Catholic Charities Maine and the VRT positions are contracted through The Iris Network and other private contractors.

A copy of Part FFF of the supplemental budget bill is here. It has been unanimously voted out of the Appropriations Committee with an "ought to pass" recommendation to the floor of the legislature.

While L.D. 765 is still on the Special Appropriations Table, we have been told by Representative Webster, (a member of the Appropriations Committee who lead the group of Legislators who worked out this solution ...Read More!

L.D. 765 April 9th Update

For more information on L.D. 765, please see the message forwarded below and the Linked letter to the Legislature’s Joint Committee on Joint Rules.

We are continuing to ask the Appropriations Committee both:

To strike Section 1 of L.D. 765 as amended; and
To fund the positions listed in the funding initiatives of L.D. 765 as amended.

L.D. 765 Impact Statement

John McMahon, Director of Maine’s Division for the Blind and Visually Impaired, has provided an Impact Statement that summarizes the loss of federal matching funds that the proposed change to DBVI’s enabling act will have if it becomes law. Click here for a copy of the Impact Statement.

April 3rd 2012 L.D. 765 Update

The linked memo indicates that Maine’s DOE intends to solve its special ed. Compliance problem by reallocating funds from vocational rehabilitation and independent living services for blind adults. As you know, if this effort succeeds, it would have a devastating impact on vocational rehabilitation services for transition-age students and adults as well as independent living services due to the loss of federal matching funds that will result along with penalties for failure to meet the federal maintenance of effort requirements.

It is necessary either to strike the proposed change to the DBVI enabling act now included in L.D. 765 as amended, or to revert to the language proposed by Representative Paul Davis at the L.C.R.E.D. work session on February 10^th which would have included the (so called) “children first” language in the Memorandum Of Understanding (“MOU”) between DOE and DBVI. There is no problem including the children first language in the Memorandum Of Understanding as Representative Paul Davis proposed. In fact, the language Representative Davis proposed was carefully crafted by DOL staff with input from DOE in advance of the February 10^th work
session.

For Maine’s DOE to work behind the scenes to change this carefully crafted language after the February 10^th work session shows a reckless disregard by Maine’s Commissioner of Education for the loss of federal matching funds which would have a disastrous impact on vocational rehabilitation and independent living services for blind and visually impaired adults and transition-age students. Furthermore, this behind the scenes change in the language of L.D. 765 has resulted in a potential change to the DBVI enabling act without the benefit of any public hearing or public discussion at a work session. This is not the way Maine’s law making process is supposed to work and it is not designed to work this way because it leads to bad public policy.

It is more important than ever to let ...Read More!

L.D. 765 Letter

Dear Senator Rector, Representative Prescott, members of the L.C.R.E.D. Committee
and Sponsors of L.D. 765:

The Iris Network and Catholic Charities Maine, administrator of DBVI’s Education Services for Blind Children program, both have significant concerns regarding certain language now included in L.D. 765 as amended. That is, the second sentence of the proposed change to DBVI’s enabling act has substituted a legislative mandate in DBVI’s enabling act instead of a simple change in the existing Memorandum of Understanding between Maine’s DOE and DBVI as originally proposed by Representative Davis at the Work Session on February 10^th.

Consequently, it is now necessary to delete the following sentence from L.D. 765 as amended:

Educational services that are required by federal law to be provided to blind or visually impaired children from birth to 20 years of age must take precedence over services provided to blind or visually impaired adults.

The shift away from Representative Davis’s approach that focused on requiring children to be served first in the MOU, to the approach now included in L.D. 765 as amended which mandates that children be served first in DBVI’s enabling act, changes the (so called) “children first” principal originally intended to be managed administratively through the MOU, to a statutory requirement. If enacted, this change in DBVI’s enabling act will require DBVI to reallocate funds from critical adult services in order to provide services to students whenever there are inadequate resources to meet all of the educational and rehabilitation needs of students and adults. This reallocation will result in the loss of federal matching funds for DBVI’s vocational rehabilitation services for transition-age students and adults as well as for independent living services for older adults; thus, further exacerbating the critical funding shortages that now exist.

For more information, please see the attached letter which ...Read More!

L.C.R.E.D. Committee Letter

Following the February 10^th work session, the L.C.R.E.D. Committee wrote a strong letter of support to the Appropriations Committee (click here for the letter) stating that L.D. 765 is the L.C.R.E.D. Committee’s only funding priority on the Special Appropriations Table this year.

Proposed Amendment to L.D. 765

On February 10^th, 2012, Representative Paul Davis proposed a carefully crafted amendment to L.D. 765 at a work session held by the Legislature’s Committee on Labor, Commerce, Research and Economic Development. The proposed amendment had been crafted by staff at the Department of Labor with input from the Department of Education In an effort to minimize the cost of the funding initiatives contained in L.D. 765 and to eliminate waiting lists of blind and severely visually impaired students needing specialized services from Teachers of the Visually Impaired and Orientation and Mobility Instructors. The L.C.R.E.D. Committee worked with the proposed amendment making a few changes and voted unanimously that L.D. 765 as amended ought to pass. The text of the amendment as Representative Davis proposed it is here:

LD 765 is Back

During the last session LD 765 was not passed but is being discussed again during this session.

This bill effects service provision in Maine for people who are blind and visually impaired. Attached you will find information about what LD 765 means for you and how to get involved.

The anticipated date for this LCRED Committee is Wednesday, January 18^th. This date is not finalized yet.

Please contact The Iris Network if you are interested in further information or attending this hearing to testify or hear more about what is happening with the bill. www.thiris.org or (207) 774-6273.

What is LD765 and What It Means To You

LD 765 is a bill that simply proposes filling staffing positions in the Maine Vocational Rehabilitation system that are currently unfilled. These positions are positions that have remained unfilled as a result of hiring freezes within the State or are documented shortages. Rehabilitation services in Maine are paid for through a combination of State and Federal tax dollars. Although recipients of these professional services are often not required to pay for them at the time the service is required or needed, they have been paid for through all of our tax contributions over the years. These documented shortages currently affect the amount of time consumers must wait for services to be delivered, or the scope of services available through the Iris Network, Division for the Blind and Visually Impaired (DBVI), and Catholic Charities. If you have received these services in the past, you already recognize their value.

You can participate by:

• 1. Locate your local State Representative ASAP at http://www.maine.gov/legis/house/townlist.htm and call, email, or write your support for this bill. To reach your Representative by phone call
1-800-423-2900 TTY number is 207-287-4469.

To reach your Senator: 1-800-423-6900 TTY number is 207-287-1583

If you wish to speak to a member of the staff, you may call the Clerk of the House at 207-287-1400 or the Office ...Read More!

Plan for state VRS Program

State Plan for the State Vocational Rehabilitation Services Program
and State Plan Supplement for the State Supported Employment Services Program

Maine Division for the Blind & Visually Impaired (DBVI) State Plan Fiscal Year 2012 (submitted FY 2011)

Attachment 4.2(c) Input of State Rehabilitation Council
Required annually by all agencies except those agencies that are independent consumer-controlled commissions.

Identify the Input provided by the state rehabilitation council, including recommendations from the council’s annual report, the review and analysis of consumer satisfaction, and other council reports. Be sure to also include:

the Designated State Unit's response to the input and recommendations; and
explanations for the Designated State Unit's rejection of any input or recommendation of the council.

The State Rehabilitation Council (SRC) works closely with DBVI leadership and staff on many aspects of our service delivery system. The primary objective of the SRC is to be a direct influence for improving the responsiveness of VR services in Maine. During the past year, the SRC has been involved in many activities with DBVI.

A statewide public hearing was held on June 15, 2011 using the ‘Polycom’ system which connected Career Center sites in Portland, Lewiston, Bangor, Presque Isle and Augusta. These locations were advertised in a number of newspapers as well as on a statewide Radio Reading Service (Maine AIRS), the Blind Forum and the DOL website. This time was used to review, answer any questions and address concerns of the 2012 draft State Plan. The full SRC was provided a copy of the 2012 draft state plan and given an opportunity to make comments. SRC comments:

Click here for the full documentVRS

Advocacy Workshop 2

The Iris Network presented the second Advocacy Workshop in Augusta Maine on May 16, 2011 featuring Executive Director Jim Phipps with an update on LD 765. Some topics suggested include ADA guidelines surrounding service dogs; self-advocacy for services; what services consumers are entitled to under the VR Act, etc.

Kathy Despres, from C.A.R.E.S. Inc. who administers the Client Assistance Program (CAP) gave an informative presentation about the work CAP does and how it interfaces with the Division for the Blind and Visually Impaired. In this video (http://youtu.be/OUZiYGNRnsg) Ms. Despres explained how CAP met with DBVI to explore solutions to staff shortages resulting in a temporary wait list for services in the Portland office.

Click here to download the complete audio of the May 16 Advocacy Workshop, including Kathy Despres’ presentation.

LD765-Status Rport

Status Report on L.D. 765 - April 16, 2011

L.D. 765 Ought to Pass

I’m pleased to report that the Maine State Legislature’s Joint Standing Committee on Labor, Commerce, Research and Economic Development (known as the “LCRED Committee”) held its Work Session on LD765 on Friday morning, April 15, and they voted the bill out of the Committee “ought to pass.” They did not make any changes to the bill, so the amounts of funding we requested are unchanged so far. Now the bill goes to the Appropriations Committee where its fate is uncertain.

Given the state’s budget situation, the bill could easily die on the Appropriations Table, but with good attention and constant monitoring, we may be able to get some or all of the funds requested in the bill. It will likely not be until the eve of the adjournment of the Legislature that we will know if they “found” any money to fund the bill. The Legislature is not likely to adjourn until the latter half of May at the earliest and it could run until late June (or even early July) depending on how difficult it is for them to arrive on a budget compromise.

Click here for the full Status Update

L.D. 765 Press Release

LD765 Funding Critical to Mainers Who Are Visually Impaired or Blind

Portland, Maine – As funding priorities are debated in Augusta, The Iris Network has thrown its support behind a bill which would assure funding to improve the deplorable inadequacy of educational and rehabilitation services for the blind and visually impaired here in Maine.

LD765, An Act to Address the Documented Educational and Rehabilitation Needs of Persons Who Are Blind or Visually Impaired, would secure $468,678 in FY2012 and $511,987 in FY2013 to fund seven FTE professional staff. Positions include two teachers of the visually impaired at Catholic Charities Maine, one mobility instructor and one blindness rehabilitation specialist at Maine’s Division for the Blind, as well as two vision rehabilitation therapists and one program design and evaluation specialist at The Iris Network.

Click here for the full Press Release

L.D. 765 Testimony

Senator Christopher W. Rector, Representative Kerri L. Prescott and Members of The Joint Standing Committee on Labor, Commerce, Research and Economic Development
Burton M. Cross State Office Building, Room 208
111 Sewall Street
Augusta, Maine

Re: Testimony in Support of L.D. 765
Dear Senator Rector, Representative Prescott and members of the LCRED Committee:

Thank you for the opportunity to present information in support of L.D. 765. L.D. 765 has been introduced as a result of two groundbreaking reports discussed below.

These reports document the fact that an immediate crisis exists due to the deplorable inadequacy of funding for educational and rehabilitation services for Maine children, students and adults who are visually impaired or blind.

Click here for the full Testimony Report

Legislative Workshop

On March 21, Jim Phipps, the Executive Director of the Iris Network provided an Introduction to the Legislative Process Workshop on How a Bill Becomes a Law. This workshop began with a one hour, informal lecture provided by Mr. Phipps that concluded with a question and answer period. To download the complete audio of this presentation, click here. To view a brief video of part of the presentation, click here.

The workshop was followed by a guided tour of the state capitol, provided by a member of the Maine State Museum. After lunch in the Cross Café, attendees had the opportunity to explore one of the hearing rooms where public testimony might be heard in the future. Consumers had an opportunity to step up to the podium, as they would if they were providing testimony, and explore the area where committee members would listen to this testimony.

This is the first of what Mr. Phipps and the Iris Network hope will be a series of workshops on the legislative process to encourage consumers from around the state to participate actively in their state government. Consumers have an opportunity to offer public testimony on Wednesday, April 6, at the hearing for LD765 held at 1:00 PM. People wishing to participate and needing transportation may contact Retta at the Iris Network, 207-774-6273.

DBVI Resolve Report

The report of the stakeholder working group established to review the current and future needs of blind or visually impaired individuals established pursuant to Resolve 2009, chapter 39 which recommends new funding for 11.5 FTEs of professional staff including:

3.5 Teachers of the Visually Impaired,
2 Orientation and Mobility Instructors,
1.5 Vocational Rehabilitation Counselors,
1.5 Vision Rehabilitation Therapists,
2 Blindness Rehabilitation Specialists,
1 Adjustment to Blindness Counselor.

Click here for the full DBVI Resolve Report

DBVI DOE Recommendations

The recommendations of the Maine Department of Education's corrective action plan work group in regard to Disability Rights Center v. Maine Department of Education dated July 28, 2010, includes the following recommendations:

Hire four additional Teachers of the Visually Impaired and one additional Orientation and Mobility Instructor;
Raise the salaries of Teachers of the Visually Impaired to $34,733 for entry level with Bachelor’s degree, and $42,754 for entry level with Master’s degree;
Pay tuition costs and an internship stipend for those who wish to become Teachers of the Visually Impaired;
Modify the DOE/DOL Cooperative Agreement to include an annual needs assessment;
Form a work group that will determine the scope and nature of the annual needs assessment;
Train school district personnel in the use of the Expanded Core Curriculum as a guide to the development of IEP’s and IFSP’s.

Click here for the full DBVI DOE Recommendations