1. State Rehabilitation Council Composition and Membership NATIONAL STATE REHABILITATION COUNCIL FORUM JUNE 24, 2013 1

2. Today’s Presentation History Membership Composition Appointment Terms of Appointment Continuous Recruitment 2

3. 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 3

4. 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! 4

5. 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) 5

6. 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) 6

7. 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. 7

8. 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) 8

9. 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) 9

10. 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) 10

11. 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) 11

12. 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) 12

13. 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) 13

14. 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) 14

15. 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) 15

16. 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) 16

17. 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) 17

18. Recruitment Ongoing Plan for Outreach Recruitment Plan Challenges 18

19. Best Practices in the Field Recruitment Strategies Appointments – Governor or designee Membership – Retention Terms of service – length of terms, period of terms 19

20. Resources RSA Website: http://rsa.ed.govhttp://rsa.ed.gov Formal Guidance: http://rsa.ed.gov/policy.cfmhttp://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.cfmhttp://rsa.ed.gov/people.cfm SRC On-Line Training Series: www.erehab.orgwww.erehab.org 36 th IRI The State Rehabilitation Council – Vocational Rehabilitation Partnership at: http://iriforum.org/books.aspx#36ua 20

21. Thank You! Terry Martin, EdDSean Burlile, PhD VR Program SpecialistIdaho SRC, Chair Technical Assistance Unit Boise, ID Rehabilitation Services Administration U.S. Department of Education 202-245-7275 phone terrence.martin@ed.gov 21