MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Education; Appropriations
By: Representative Masterson
AN ACT TO CREATE THE MISSISSIPPI COMMISSION FOR THE BLIND AND PROVIDE FOR ITS MEMBERSHIP; TO SPECIFY THE POWERS AND DUTIES OF THE COMMISSION; TO AMEND SECTIONS 37-33-53, 37-33-54, 37-33-55, 37-33-57, 37-33-59, 37-33-61, 37-33-63, 37-33-65, 37-33-71, 37-33-73, 37-33-153, 43-3-103, 43-5-1, 43-5-5, 43-5-7, 43-5-8, 43-5-11, 43-5-13, 43-5-15 AND 43-5-17, MISSISSIPPI CODE OF 1972, TO TRANSFER THE FUNCTIONS OF THE OFFICE OF VOCATIONAL REHABILITATION FOR THE BLIND, THE MISSISSIPPI INDUSTRIES FOR THE BLIND AND THE MISSISSIPPI SCHOOL FOR THE BLIND TO THE COMMISSION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The purpose of this act is to establish and authorize a coordinated program of services, which will be available to persons who are blind throughout the state. The program shall be designed to maximize employment opportunities for those persons and to increase their independence and self-sufficiency and access to relevant reading material.
(2) It is the policy of the State of Mississippi that all programs, projects and activities of the commission shall be carried out in a manner consistent with the following principles:
(a) Respect for individual dignity, personal responsibility, self determination and pursuit of meaningful career based on informed choice;
(b) Support for the involvement of a person's representative if a person requests, desires or needs that support;
(c) Respect for the person's privacy and equal access to programs and information, including the use of accessible formats;
(d) Integration and full participation of persons who are blind in society on equal terms with others;
(e) Utilize a balanced approach to consumers and consumer organizations to guarantee available and free exchange of ideas from which informed choices can be made; and
(f) The commission shall, wherever possible, employ persons who are blind or visually impaired throughout both its administration and program positions.
SECTION 2. (1) There is created the Mississippi Commission for the Blind. The commission shall consist of five (5) members, three (3) to be appointed by the Governor and two (2) to be appointed by the Lieutenant Governor, with the advice and consent of the Senate. All members shall be qualified to serve based on knowledge and experience in rehabilitation and related services for the blind. A majority of the members shall be persons who are blind and represent a balanced cross-section of the blindness organizations and community. During the two (2) years before being appointed to the commission, the term of commission membership and two (2) years after completing the commission membership, no member of the commission shall be employed by the commission. No member of the commission shall be the director of any state agency during the term of that membership. No member of the commission shall serve more than two (2) consecutive full terms. Except as provided by this subsection, appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age or national origin of the appointees.
(2) The Governor and Lieutenant Governor shall consult with recognized consumer groups of people who are blind within the state to obtain recommendations of persons to be appointed to the commission.
(3) Of the initial appointments of the Governor, one (1) member shall be appointed for a term that expires on June 30, 2006, one (1) member shall be appointed for a term that expires on June 30, 2007, and one (1) member shall be appointed for a term that expires on June 30, 2008. Of the initial appointment of the Lieutenant Governor, one (1) member shall be appointed for a term that expires on June 30, 2006, and one (1) member shall be appointed for a term that expires on June 30, 2007. After the expiration of the initial terms, all members of the commission shall be appointed for terms of three (3) years from the expiration date of the previous term.
(4) The commission shall meet quarterly and at such other times as the commission determines. The chairman of the commission shall be elected by the members present and voting at the first meeting of the commission and annually thereafter. Members of the commission shall receive no salary for their service on the commission, but they shall be allowed mileage, subsistence and per diem as authorized by law. Three (3) members of the commission shall constitute a quorum to transact business. Meetings of the commission shall be conducted according to Roberts Rules of Order, Revised, until the commission develops specific policies and procedures that will govern the manner in which it conducts business. Those policies and procedures shall be filed with the Secretary of State under the Administrative Procedures Law. Meetings may be conducted by telephone or video conference, provided that at least one (1) fully accessible facility is made available for public attendance of and participation in those meetings, and that the public notice of those meetings clearly identifies the medium being used and the location for public access. The location shall contain the necessary equipment to clearly amplify and broadcast the audio of the meeting throughout the assembly room. Members of the commission may be reimbursed for any telephone expenses related to their participation in those meetings.
(5) Any member of the commission who is absent from two (2) consecutive meetings, including those held by telephone or video conference, without a documented excuse from the chairman, shall receive a written warning from the chairman that a third consecutive absence will result in the automatic termination of membership on the commission. Anyone losing an appointment in this manner shall not be eligible for a future appointment to the commission for the following three (3) years.
SECTION 3. (1) The commission shall appoint an executive director with knowledge and experience in rehabilitation and related services for the blind and with relevant administrative experience. The executive director shall serve as secretary to the commission and shall be the chief administrative officer of the commission. The executive director's appointment shall be for an indefinite period, but the executive director may be terminated for cause as determined by a majority of the commission. Preference shall be given to employing a person who is blind and who meets the qualifications specified by the commission for the position of executive director.
(2) The executive director shall employ such personnel as needed to fulfill the mission of the commission, and shall fix their compensation, subject to approval of the State Personnel Board. The commission shall, wherever possible, employ persons who are blind or visually impaired throughout both its administration and program positions.
(3) Upon its establishment, the commission shall receive one hundred eight (108) PINs related to the Office of Rehabilitation for the Blind of the Department of Rehabilitation Services, and nine (9) PINs related to the Mississippi Library Commission, Blind and Physically Handicapped Library Services.
(4) In order to more effectively recruit qualified personnel, and to encourage the personal growth and advancement potential of all employees, the positions of program or department director and of immediate assistant directors within the commission shall be permanent positions, and shall not be filled on a "will and pleasure" basis.
SECTION 4. (1) The commission shall:
(a) Develop and carry out a state plan for vocational rehabilitation services for persons who are blind under Section 101 of the Rehabilitation Act of 1973, as amended.
(b) Provide independent living and social services for persons who are blind or visually impaired, including, but not limited to, services for older persons who are blind under Title VII of the Rehabilitation Act of 1973, as amended.
(c) Establish, equip and maintain a personnel adjustment center or centers to provide prevocational and other training (such as, but not limited to, braille, use of the white cane for independent travel, and computer and adaptive technology training) to prepare persons who are blind or visually impaired for eventual vocational training, job placement and maximum independence in the community.
(d) Establish and carry out a small business enterprise program for persons who are blind, and serve as the state licensing agency for persons who are blind under the Randolph Sheppard Act.
(e) Purchase specialized equipment and technology for the persons who are blind or visually impaired directly from specialty vendors. Those purchases shall be exempt from state centralized purchasing procedures.
(f) Operate the Blind and Physically Handicapped Library Services, which is currently operated by the Mississippi Library Commission. This library shall establish and maintain a full and current collection of reading material in braille, large print, audio and video recordings, audio tape players and other related forms of media that will enable the commission, the Blind and Physically Handicapped Library Services, and associated volunteer organizations involved in the production of braille or recorded materials for use by this library, the Library of Congress, and related types of organizations to work together more closely and effectively. This library shall establish and maintain a facility that shall be used by trained volunteers for the repair of special media and other reading and writing equipment required by persons who are unable to use ordinary print, and for the production of materials in special media by volunteer organizations.
(g) Operate the Mississippi School for the Blind.
(h) Operate the Mississippi Industries for the Blind.
(i) Provide technical assistance in cooperation with other appropriate agencies to assist the State Department of Education and local education agencies in the provision of auxiliary aids and services to students who are blind and their parents in complying with the Americans with Disabilities Act and the Individuals with Disabilities Education Act, as amended.
(j) Provide technical assistance to agencies within the state in order to assure that information technology purchased or used by those agencies (including agency web sites) is accessible to and useable by persons who are blind at the time the technology is purchased or used.
(k) Participate, through the designation of the executive director or an appropriate staff member of the commission, on boards, commissions or bodies that may exist or be established within the state for the purpose of coordination and planning of services for persons who are blind.
(l) Conduct a review of consumer satisfaction with programs of the commission and perform other functions of the statewide Rehabilitation Council specified in Section 105(C) of the Rehabilitation Act of 1973, as amended.
(m) Promulgate rules to carry out programs of the commission, in accordance with the Administrative Procedures Law.
(n) Apply for and receive money from any state or federal agency to support the programs of the commission and receive on behalf of the state any gifts, donations or bequests from any source, to be used in carrying out the commission's duties as described in this act.
(o) Develop and administer any other program that will further the provision of services to persons who are blind and is determined by the commission to fall within its scope of responsibility.
(p) Assist persons who are blind in obtaining aids and appliances (including low vision aids) that are used to improve the person's ability to function without normal sight.
(q) Provide all clients of the commission with current information (including membership forms) for all recognized consumer groups of persons who are blind within the state. This information shall be in the accessible format requested by the client. The executive director shall maintain open lines of communications with these organizations in order to assure that this information is always current.
(2) The commission may carry out any of the powers and duties enumerated in this section by contract or cooperative agreement or by the direct administration of any program.
SECTION 5. The commission shall publish an annual report including a list of accomplishments, findings and recommendations for improvement based on the commission's performance during the year. The report shall contain information needed to evaluate the progress of the commission in meeting the needs of persons who are blind in the state. All public documents of the commission shall be simultaneously published in braille, large print, audio cassette tape, and in files that are accessible via adaptive computer technologies.
SECTION 6. (1) Any applicant for or recipient of services from the commission who is dissatisfied with any action taken or decision made regarding those services may file a complaint setting forth the basis for the dissatisfaction and the remedy sought. Upon receipt of the complaint, the executive director shall inform the person of the voluntary process available for mediation of the dispute. If the person chooses mediation, a qualified and impartial mediator will conduct mediation, and the commission shall pay the cost.
(2) If mediation or other informal means cannot resolve the dispute, the executive director shall, upon request of the person, convene an arbitration panel, which shall give notice, conduct a hearing and render a decision. The arbitration panel shall be composed of three (3) members appointed as follows: one (1) person designated by the executive director; one (1) person designated by the person filing the complaint; and one (1) person chosen by the other designees who is an impartial hearing officer as defined in Section 102 of the Rehabilitation Act of 1973, as amended, who shall serve as chair of the arbitration panel and issue the decision. The commission shall promulgate rules sufficient to regulate the conduct of all proceedings required in this section and to assure the rights of all parties participating in the proceedings.
SECTION 7. (1) All appropriations, real and personal property, equipment, supplies, personnel, positions and money which, before the effective date of this act, were owned or controlled by the Department of Rehabilitation Services, the Mississippi Library Commission, Blind and Physically Handicapped Library Services, the Mississippi School for the Blind and Mississippi Industries for the Blind, in providing services to persons who are blind, are transferred to the Mississippi Commission for the Blind.
(2) All contracts and agreements concerning services for persons who are blind that are in effect on the effective date of this act and to which any agency specified in subsection (1) of this section is a party, shall be binding upon the commission to the same extent that the contracts or agreements were binding upon the agency from which they were transferred to the commission under subsection (1) of this section.
(3) All reimbursements from the Social Security Administration for the successful rehabilitation of blind, Supplemental Security Income or Social Security Disability Insurance recipients that are either received or claimed after the effective date of this act shall be assigned to the commission.
(4) The division of federal matching funds for rehabilitation shall be twenty-five percent (25%) for the commission and seventy-five percent (75%) for the Department of Rehabilitation Services.
SECTION 8. The central office of the commission shall be located along easily accessible public transportation routes within the City of Jackson. All commission offices and properties shall be fully accessible to people with disabilities at all times, and shall be fully compliant with the Americans with Disabilities Act.
SECTION 9. Section 37-33-53, Mississippi Code of 1972, is amended as follows:
37-33-53. As used in the Vocational Rehabilitation for the Blind Law:
(a) "Commission" means the Mississippi Commission for the Blind created by Section 2 of this act;
(b) "Director" means the Director of the Mississippi Commission for the Blind;
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(c) "Independent living services" includes, but are not limited to, the following services in accordance with definitions in the most current amendment of the Rehabilitation Act: (i) independent living core services (information and referral services, independent living skills training, peer counseling including cross-disability peer counseling, and individual and systems advocacy); (ii) counseling services, including psychological, psychotherapeutic, and related services; (iii) services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of the Rehabilitation Act and of the titles of the Rehabilitation Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with disabilities); (iv) rehabilitation technology; (v) mobility training; (vi) services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services; (vii) personal assistance services, including attendant care and the training of personnel providing such services; (viii) surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services; (ix) consumer information programs on rehabilitation and independent living services available under the Rehabilitation Act, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under the Rehabilitation Act; (x) education and training necessary for living in a community and participating in community activities; (xi) supported living; (xii) transportation, including referral and assistance for that transportation and training in the use of public transportation vehicles and systems; (xiii) physical rehabilitation; (xiv) therapeutic treatment; (xv) provision of needed prostheses and other appliances and devices; (xvi) individual and group social and recreational services; (xvii) training to develop skills specifically designed for youths who are individuals with disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options; (xviii) services for children; (xix) services under other federal, state, or local programs designed to provide resources, training, counseling, or other assistance, of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with disabilities; (xx) appropriate preventive services to decrease the need of individuals assisted under the Rehabilitation Act for similar services in the future; (xxi) community awareness programs to enhance the understanding and integration into society of individuals with disabilities; and (xxii) such other services as may be necessary and not inconsistent with the provisions of the most current amendment of the Rehabilitation Act;
(d) "Individual who is blind" means any person with insufficient vision to perform vocational or independent living tasks for which sight is essential;
(e) "Maintenance" means monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual's participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of vocational rehabilitation services under an individualized plan for employment;
(f) "Physical restoration services" means (i) corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment; (ii) diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with state licensure laws; (iii) dentistry; (iv) nursing services; (v) necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services; (vi) drugs and supplies; (vii) prosthetic and orthotic devices; (viii) eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with state licensure laws; (ix) podiatry; (x) physical therapy; (xi) occupational therapy; (xii) speech or hearing therapy; (xiii) mental health services; (xiv) treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment; (xv) special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and (xvi) other medical or medically related rehabilitation services;
(g) "Prosthetic appliance" means any artificial device necessary to support, to take the place of, a part of the body, or to increase the acuity of a sense organ;
(h) "Occupational licenses" means any license, permit or other written authority required by any government unit to be obtained in order to engage in an occupation;
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(i) "Regulations" means regulations made by the director with the approval of the commission, including regulations pertaining to independent living services;
(j) "Rehabilitation engineering services" means the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community;
(k) "Rehabilitation training" means all necessary training provided to an individual who is blind to enable him or her to overcome his or her substantial impediment to employment,including, but not limited to, manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities;
(l) "Supported employment services"means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment that are provided by the department (i) for a period of time not to exceed eighteen (18) months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and (ii) following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment;
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(m) "Substantial impediment to employment" means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's abilities and capabilities;
(n) "Vocational rehabilitation" and "vocational rehabilitation services" mean, for an individual who is blind, services available to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including, but not limited to, services in accordance with definitions in the most current amendment of the Rehabilitation Act: (i) assessment for determining eligibility and priority for services by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (ii) assessment for determining vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (iii) vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice; (iv) referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies, including other components of the statewide workforce investment system and to advise those individuals about client assistance programs; (v) physical and mental restoration services, to the extent that financial support is not readily available from a source other than the State Department of Rehabilitation Services (such as through health insurance or a comparable service or benefit); (vi) vocational and other training services, including personal and vocational adjustment training, books, tools, and other training materials, except that no training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for with funds under this law unless maximum efforts have been made by the state unit and the individual to secure grant assistance in whole or in part from other sources to pay for that training; (vii) maintenance; (viii) transportation in connection with the rendering of any vocational rehabilitation service; (ix) vocational rehabilitation services to family members of an applicant or eligible individual if necessary to enable the applicant or eligible individual to achieve an employment outcome; (x) interpreter services, including sign language and oral interpreter services, for individuals who are deaf or hard of hearing and tactile interpreting services for individuals who are deaf-blind provided by qualified personnel; (xi) reader services, rehabilitation teaching services, and orientation and mobility services for individuals who are blind; (xii) job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services; (xiii) supported employment services; (xiv) personal assistance services; (xv) post-employment services; (xvi) occupational licenses, tools, equipment, initial stocks, and supplies; (xvii) rehabilitation technology including vehicular modification, telecommunications, sensory, and other technological aids and devices; (xviii) transition services; (xix) technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent those resources are authorized to be provided through the statewide workforce investment system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome; (xx) other goods and services determined necessary for the individual with a disability to achieve an employment outcome.
SECTION 10. Section 37-33-54, Mississippi Code of 1972, is amended as follows:
37-33-54. The Mississippi Commission for the Blind shall administer the Vocational Rehabilitation for the Blind Law as prescribed in Sections 37-33-53 through 37-33-75, Sections 43-3-3 through 43-3-15 and Section 43-3-93. The * * * director of the commission shall assign to the office such powers and duties deemed appropriate to carry out the lawful functions of this law and any federal law or regulation.
SECTION 11. Section 37-33-55, Mississippi Code of 1972, is amended as follows:
37-33-55. * * * The Mississippi Commission for the Blind shall appoint a director * * * in accordance with established personnel standards and on the basis of his or her education, training, experience and administrative ability. The director shall devote his or her full time to the administration of vocational rehabilitation. In carrying out his or her duties under the Vocational Rehabilitation for the Blind Law, the director:
(a) Shall, with the approval of the commission, make regulations in conformity with the most recent amendment of the federalRehabilitation Act and its associated regulations governing the protection of records and confidential information, the manner and form of filing applications, eligibility and investigations and determinations thereof for vocationalrehabilitation services, procedures for fair hearings, and such other regulations as are found necessary to carry out the purposes of that law;
(b) Shall, with the approval of the commission, establish appropriate subordinate administrative units within the office for providing vocational rehabilitation, independent living, supported employment, rehabilitation engineering and other services to children, adolescents and adults under federal and state regulatory guidelines;
(c) Shall, with the approval of the commission, recommend for appointment of such personnel as may be necessary for the efficient performance of the functions of the office;
(d) Shall prepare and submit to the commission through the executive director annual reports of activities and expenditures and, before each regular session of the Legislature, shall submit estimates of sums required for carrying out the Vocational Rehabilitation for the Blind Law and estimates of the amounts to be made available for this purpose from all sources;
(e) Shall, if the commission so authorizes, make certifications on behalf of the executive director for the disbursement of funds available for vocational rehabilitation for individuals who are blind;
(f) Shall, with the approval of the commission, take such other action as he or she deems necessary or appropriate to carry out the purposes of the Vocational Rehabilitation for the Blind Law;
(g) May, with the approval of the commission, delegate to any officer or employee of the office such of his or her powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of the Vocational Rehabilitation for the Blind Law;
(h) Shall, with the approval of the commission, appoint committees to serve as the governing authority for independent living centers or other entities as required by federal law.
SECTION 12. Section 37-33-57, Mississippi Code of 1972, is amended as follows:
37-33-57. The director, with the approval of the commission, may accept and use gifts and donations made unconditionally or otherwise for carrying out the purposes of the Vocational Rehabilitation for the Blind Law, from either public or private sources. Gifts made under such conditions as in the judgment of the commission are proper and consistent with the provisions of that law may be so accepted and shall be held, invested, reinvested and used in accordance with the conditions of the gift. All monies received as gifts or donations, except conditional gifts requiring other treatment, shall be deposited in the State Treasury and shall constitute a permanent fund to be called the "Special Fund for the VocationalRehabilitation of Individuals who are Blind,"and to be used by the commission for those purposes. The commission shall report annually to the State Legislature, setting forth the condition of vocational rehabilitation of individuals who are blind in Mississippi, the expenditures made from state and federal funds in carrying out the provisions of that law or its purpose, and a detailed statement of all gifts and donations offered and accepted, together with the names of donors and the respective amounts prescribed by each and all the disbursements made therefrom.
SECTION 13. Section 37-33-59, Mississippi Code of 1972, is amended as follows:
37-33-59. The commission shall provide vocationalrehabilitation services to individuals who are blind who are determined by the commission to be eligible therefor, and in carrying out the purposes of the Vocational Rehabilitation for the Blind Law, the commission is authorized among other things:
(a) To cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of individuals who are blind, in studying the problems involved therein, and in establishing, developing and providing, in conformity with the purposes of that law, such programs, facilities and services as may be necessary or desirable;
(b) To conduct research and compile statistics relating to the vocationalrehabilitation of individuals who are blind;
(c) To prescribe and provide such courses of vocational training as may be necessary for the vocational rehabilitation of individuals who are blind.
SECTION 14. Section 37-33-61, Mississippi Code of 1972, is amended as follows:
37-33-61. The commission shall cooperate, under agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation of individuals who are blind, and is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of those agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of those federal statutes and appropriations, to administer any legislation under those federal statutes and appropriations that is enacted by the State of Mississippi, to direct the disbursement and administer the use of all funds provided by the federal government or this state for the vocational rehabilitation of individuals who are blind in this state, and to do all things necessary to insure the vocational rehabilitation of individuals who are blind.
SECTION 15. Section 37-33-63, Mississippi Code of 1972, is amended as follows:
37-33-63. (1) Vocational rehabilitation services shall be provided to any individual who is blind,(i) who is a resident of the state at the time of filing his or her application therefor and whose vocational rehabilitation the director determines after full investigation can be satisfactorily achieved, or (ii) who is eligible therefor under the terms of an agreement with another state or with the federal government. Except as otherwise provided by law or as specified in any agreement with the federal government with respect to classes of individuals certified to the commission under that agreement, the following rehabilitation services shall be provided to blind individuals, utilizing available financial resources. These may include state, federal and/or personal funds. The services shall include:
(a) Physical restoration;
(b) Transportation not provided to determine the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary;
(c) Occupational licenses;
(d) Placement equipment, tools and supplies;
(e) Maintenance;
(f) Training books and materials;
(g) Supported employment services, rehabilitation engineering services and independent living services.
(2) No person shall be determined ineligible because of financial status.
SECTION 16. Section 37-33-65, Mississippi Code of 1972, is amended as follows:
37-33-65. Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the commission shall be entitled, in accordance with regulations promulgated by the commission, to a fair hearing.
SECTION 17. Section 37-33-71, Mississippi Code of 1972, is amended as follows:
37-33-71. The State Treasurer isdesignated as the custodian of all funds received by the state from appropriations made by the Congress of the United States, or from other sources for the purpose of carrying out any state or federal statutes pertaining to vocationalrehabilitation services for individuals who are blind. The State Treasurer is authorized to receive and provide for the proper custody of those funds, establish such special funds and accounts as may be necessary, and shall make disbursements from those funds and accounts for vocationalrehabilitation purposes upon requisition by the * * * director and upon the issuance of warrants by the State Fiscal Officer.
SECTION 18. Section 37-33-73, Mississippi Code of 1972, is amended as follows:
37-33-73. Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services for the blind and for the administration of that program shall be submitted in such manner as may be provided by law, and sufficient funds for the purpose of carrying out the provisions of the Vocational Rehabilitation for the Blind Law shall be appropriated by the Legislature. In the event federal funds are available to the State of Mississippi for vocational rehabilitation purposes, the commission is authorized to comply with such requirements as may be necessary to obtain those federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and constitution. In the event the national Congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the State Legislature shall appropriate such funds as may be necessary to carry out the provisions of that law.
SECTION 19. Section 37-33-153, Mississippi Code of 1972, is amended as follows:
37-33-153. In order to provide for rehabilitation, habilitation and other services to eligible individuals with disabilities, their families and the community, there is created the State Department of Rehabilitation Services. The department shall be composed of the following offices:
(a) The Office of Vocational Rehabilitation;
(b) The Office of Disability Determination Services; and
(c) The Office of Special Disability Programs.
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SECTION 20. Section 43-3-103, Mississippi Code of 1972, is amended as follows:
43-3-103. (1) * * * The MIB shall be governed by the Mississippi Commission for the Blind created by Section 2 of this act. The commission shall * * * appoint * * * an executive director, who shall be the executive and administrative head of MIB and who shall serve at the pleasure of the commission. The commission shall set the compensation of the executive director, subject to the approval of the State Personnel Board.
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(2) There is created a revolving fund in the State Treasury, which shall be used by the Mississippi Industries for the Blind for the purpose of taking advantage of contractual opportunities that would not be available to MIB without those funds and for the purpose of meeting the obligations of those types of contracts. The fund shall consist of monies that are specifically made available by the Legislature for the purpose of the fund. MIB shall not be authorized to expend any monies in the fund until it has received the prior written approval of the Executive Director of the Department of Finance and Administration and the State Treasurer. MIB shall repay to the fund all monies that it expends from the fund, which monies then may be used by MIB for future contractual opportunities and obligations. Monies in the fund at the end of a fiscal year shall not lapse into the State General Fund, and all interest earned on monies in the fund shall be credited to the fund.
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SECTION 21. Section 43-5-1, Mississippi Code of 1972, is amended as follows:
43-5-1. (1) (a) The State Board of Education shall be the Board of Trustees of the Mississippi School for the Deaf * * * and shall retain all powers and duties granted by law to the Board of Trustees of the Mississippi School for the Deaf * * *. Wherever the term Board of Trustees of the Mississippi School for the Deaf * * * appears in any law, the same shall mean the State Board of Education.
(b) The Mississippi Commission for the Blind created by Section 2 of this act shall be the Board of Trustees of the Mississippi School for the Blind and shall retain all powers and duties granted by law to the Board of Trustees of the Mississippi School for the Blind. Wherever the term Board of Trustees of the Mississippi School for the Blind appears in any law, the same shall mean the Mississippi Commission for the Blind.
(2) The provisions of this section shall not be construed to require any consolidation or combination of the Mississippi School for the Deaf and the Mississippi School for the Blind other than where economies can be realized through the common utilization of maintenance personnel and equipment, physical facilities, vehicles and administrative personnel, where the same can be done without impairment of the effectiveness of the educational programs of the two (2) institutions or the welfare of the students.
(3) The provisions of this section shall not be construed to require any consolidation of services involving curriculum or instructional programs of the two (2) institutions.
(4) (a) The State Board of Education, on behalf of the Mississippi School for the Deaf, shall have the power to receive and hold property, real and personal, and to accept and use as provided by law, separate from the needs of the other institutions, all bequests, devices and donations made or which may in the future be made to or for it, and shall continue to enjoy the rights and privileges heretofore conferred upon it by law and such as are necessary now, or hereafter, to accomplish the purposes of its own establishment and operation and maintenance hereunder, provided that the same be not inconsistent with or in conflict with this chapter.
(b) The Mississippi Commission for the Blind, on behalf of the Mississippi School for the Blind, shall have the power to receive and hold property, real and personal, and to accept and use as provided by law, separate from the needs of the other institutions, all bequests, devices and donations made or which may in the future be made to or for it, and shall continue to enjoy the rights and privileges heretofore conferred upon it by law and such as are necessary now, or hereafter, to accomplish the purposes of its own establishment and operation and maintenance hereunder, provided that the same be not inconsistent with or in conflict with this chapter.
SECTION 22. Section 43-5-5, Mississippi Code of 1972, is amended as follows:
43-5-5. (1) The State Board of Education shall adopt all needful rules and regulations for the government of the Mississippi School for the Deaf. The State Board of Education shall have authority and control over the pupils and over the properties of the Mississippi School for the Deaf except where otherwise prescribed by law. The State Board of Education shall provide and maintain a library for the Mississippi School for the Deaf, and shall provide for proper and needful recreational facilities for the pupils of the Mississippi School for the Deaf, and encourage their physical and hygienic and religious advancement, including facilities for church attendances on the Sabbath.
(2) The Mississippi Commission for the Blind shall adopt all needful rules and regulations for the government of the Mississippi School for the Blind. The Mississippi Commission for the Blind shall have authority and control over the pupils and over the properties of the Mississippi School for the Blind except where otherwise prescribed by law. The Mississippi Commission for the Blind shall provide and maintain a library for the Mississippi School for the Blind, and shall provide for proper and needful recreational facilities for the pupils of the Mississippi School for the Blind, and encourage their physical and hygienic and religious advancement, including facilities for church attendances on the Sabbath.
SECTION 23. Section 43-5-7, Mississippi Code of 1972, is amended as follows:
43-5-7. (1) The State Superintendent of Education, or his designee, shall make regular and frequent inspections of the Mississippi School for the Deaf, and shall personally visit the Mississippi School for the Deaf at least once a month during every school session, and shall prescribe when and where and by whom and in what quantities all supplies and sustenance of every kind shall be purchased. As far as practicable, the purchases for the Mississippi School for the Deaf shall be on basis of wholesale rather than at retail prices. The State Superintendent of Education shall prepare in writing, monthly, the status of the Mississippi School for the Deaf and needs, and the physical and moral conditions of the pupils, and they shall require that the records of the Mississippi School for the Deaf are preserved, and shall assume such duties as may through legislative enactment hereafter be placed upon the State Superintendent of Education.
(2) The Director of the Mississippi Commission for the Blind, or his designee, shall make regular and frequent inspections of the Mississippi School for the Blind, and shall personally visit the Mississippi School for the Blind at least once a month during every school session, and shall prescribe when and where and by whom and in what quantities all supplies and sustenance of every kind shall be purchased. As far as practicable the purchases for the Mississippi School for the Blind shall be on basis of wholesale rather than at retail prices. The Mississippi Commission for the Blind shall prepare in writing, monthly, the status of the Mississippi School for the Blind and needs, and the physical and moral conditions of the pupils, and they shall require that the records of the Mississippi School for the Blind are preserved, and shall assume such duties as may through legislative enactment hereafter be placed upon the Mississippi Commission for the Blind.
SECTION 24. Section 43-5-8, Mississippi Code of 1972, is amended as follows:
43-5-8. (1) The * * * superintendent of the Mississippi School for the Deaf and the principal and directors shall be selected by and hold office subject to the will and pleasure of the State Superintendent of Education, subject to the approval of the State Board of Education. The State Board of Education may provide housing for the superintendent so employed either on- or off-campus. The superintendent shall at all times maintain supervision of the physical properties of the Mississippi School for the Deaf unless otherwise provided. All other personnel shall be competitively appointed by the state superintendent and shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board. The state superintendent, subject to the approval of the State Personnel Board, shall fix the amount of compensation or expenses of any of the personnel of the Mississippi School for the Deaf, which shall be paid upon the requisition of the state superintendent and warrant issued thereunder by the State Fiscal Officer out of the funds appropriated by the Legislature in a lump sum upon the basis of budgetary requirements submitted by the Superintendent of Education or out of funds otherwise made available. The entire expense of administering the Mississippi School for the Deaf shall never exceed the amount appropriated therefor, plus funds received from sources other than state appropriations. For a violation of this provision, the superintendent shall be liable, and he and the sureties on his bond shall be required to restore any excess.
(2) The superintendent of the Mississippi School for the Blind and the principal and directors shall be selected by and hold office subject to the will and pleasure of the Mississippi Commission for the Blind. The Mississippi Commission for the Blind may provide housing for the superintendent so employed either on- or off-campus. The superintendent shall at all times maintain supervision of the physical properties of the Mississippi School for the Blind unless otherwise provided. All other personnel shall be competitively appointed by the state superintendent and shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board. The Mississippi Commission for the Blind shall fix the amount of compensation or expenses of any of the personnel of the Mississippi School for the Blind, which shall be paid upon the requisition of the Mississippi Commission for the Blind and warrant issued thereunder by the State Fiscal Officer out of the funds appropriated by the Legislature in a lump sum upon the basis of budgetary requirements submitted by the Mississippi Commission for the Blind or out of funds otherwise made available. The entire expense of administering the Mississippi School for the Blind shall never exceed the amount appropriated therefor, plus funds received from sources other than state appropriations. For a violation of this provision, the superintendent shall be liable, and he and the sureties on his bond shall be required to restore any excess.
SECTION 25. Section 43-5-11, Mississippi Code of 1972, is amended as follows:
43-5-11. (1) The State Board of Education shall make a report to every annual term of the Legislature, showing the needs and condition and status of the Mississippi School for the Deaf. Such report to the Legislature shall show how the money appropriated to the Mississippi School for the Deaf has been expended during the preceding year, beginning and ending with the fiscal year of the Mississippi School for the Deaf. Such report shall exhibit the salaries paid to teachers, officers and employees and each and every item of receipt and expenditure. Each report shall be balanced and shall begin with the balance at the end of the preceding fiscal year. If any property belonging to the state or the school is used for profit, such report shall show the expenses incurred in managing the property and the amount received from the same. Such report shall also show a summary of the gross receipts and gross disbursements for each fiscal year and shall show the money on hand at the beginning of the fiscal period of the school preceding each session of the Legislature and the necessary amount of expenses to be incurred from that date to January 1 next following.
(2) The Mississippi Commission for the Blind shall make a report to every annual term of the Legislature, showing the needs and condition and status of the Mississippi School for the Blind. Such report to the Legislature shall show how the money appropriated to the Mississippi School for the Blind has been expended during the preceding year, beginning and ending with the fiscal year of the Mississippi School for the Blind. Such report shall exhibit the salaries paid to teachers, officers and employees and each and every item of receipt and expenditure. Each report shall be balanced and shall begin with the balance at the end of the preceding fiscal year. If any property belonging to the state or the school is used for profit, such report shall show the expenses incurred in managing the property and the amount received from the same. Such report shall also show a summary of the gross receipts and gross disbursements for each fiscal year and shall show the money on hand at the beginning of the fiscal period of the school preceding each session of the Legislature and the necessary amount of expenses to be incurred from that date to January 1 next following.
SECTION 26. Section 43-5-13, Mississippi Code of 1972, is amended as follows:
43-5-13. (1) Every teacher or instructor in the Mississippi School for the Deaf, whose duties include oral instruction of pupils, shall become acquainted with the most efficient and advanced methods of lipreading, but every teacher shall also master the manual alphabet in order to be able to communicate with pupils who cannot read lips and in order to aid and participate in student activities outside the classrooms. Every pupil entering the school shall be given oral instruction until it is clearly determined whether he can master lipreading to an extent enabling him to progress satisfactorily in his studies, but manual instruction shall be provided in all subjects for all pupils unable to progress satisfactorily under oral instruction alone. The State Board of Education may set and determine the additional requirements necessary for each teacher or instructor at the Mississippi School for the Deaf. All teachers and instructors must enter into written contracts of employment to indicate and cover the period for which they are respectively employed. Complete courses in shorthand and typewriting are to be offered at the Mississippi School for the Deaf.
(2) Braille print, designated commonly as revised Braille Grade Two, shall be taught in the Mississippi School for the Blind. The use of this print shall be included in the high school literary courses of students in such school. The Mississippi Commission for the Blind may set and determine the additional requirements necessary for each teacher or instructor at the Mississippi School for the Blind. All teachers and instructors must enter into written contracts of employment to indicate and cover the period for which they are respectively employed.
SECTION 27. Section 43-5-15, Mississippi Code of 1972, is amended as follows:
43-5-15. (1) The Mississippi School for the Deaf shall be open to receive all pupils eligible to attend it, and shall provide for the proper lodging, maintenance, care and education while in attendance. * * * A pupil shall not be admitted or remain as a pupil in the Mississippi School for the Deaf whose ability to hear is customarily sufficient for him or her to attend the public schools provided for normal children. The State Board of Education, in its discretion, shall establish the age of eligibility for students seeking admission to the Mississippi School for the Deaf. No person shall be admitted to the Mississippi School for the Deaf as a pupil who is not a bona fide resident of this state or who is not of good moral character.
The State Board of Education shall fix the amount to be paid, and the terms of payment, by pupils in the Mississippi School for the Deaf for board, and the conditions of admission, subject to the provisions of this chapter; and shall admit free of charges, upon the certificate of the county superintendent of education of any county in the state, all pupils eligible to attend the school, provided the amount appropriated by the Legislature is sufficient properly to care for the same. The Mississippi School for the Deaf shall provide requisite facilities for every pupil therein to acquire as complete a literary and musical education as practicable; and shall provide and maintain an industrial department in which expert instruction shall be given in such trades and crafts as may be suited to render the pupil therein self-sustaining in after life.
(2) The Mississippi School for the Blind shall be open to receive all pupils eligible to attend it, and shall provide for the proper lodging, maintenance, care and education while in attendance. A student shall not be admitted to or continue as a pupil in the Mississippi School for the Blind whose acuity of vision is, or becomes, habitually greater than fifty percent (50%) of normal vision. The Mississippi Commission for the Blind, in its discretion, shall establish the age of eligibility for students seeking admission to the Mississippi School for the Blind. No person shall be admitted to the Mississippi School for the Blind as a pupil who is not a bona fide resident of this state or who is not of good moral character.
The Mississippi Commission for the Blind shall fix the amount to be paid, and the terms of payment, by pupils in the Mississippi School for the Blind for board, and the conditions of admission, subject to the provisions of this chapter; and shall admit free of charges, upon the certificate of the county superintendent of education of any county in the state, all pupils eligible to attend the school, provided the amount appropriated by the Legislature is sufficient properly to care for the same. The Mississippi School for the Blind shall provide requisite facilities for every pupil therein to acquire as complete a literary and musical education as practicable; and shall provide and maintain an industrial department in which expert instruction shall be given in such trades and crafts as may be suited to render the pupil therein self-sustaining in after life.
SECTION 28. Section 43-5-17, Mississippi Code of 1972, is amended as follows:
43-5-17. (1) The State Board of Education shall maintain the Mississippi School for the Deaf at as high a grade of work and education as may be practicable, and shall endeavor to give the pupils the same extent and scope of education that the pupils would receive if attending the public schools of this state; and shall have diplomas or certificates granted unto those pupils who have successfully finished the prescribed courses taught.
(2) The Mississippi Commission for the Blind shall maintain the Mississippi School for the Blind at as high a grade of work and education as may be practicable, and shall endeavor to give the pupils the same extent and scope of education that the pupils would receive if attending the public schools of this state; and shall have diplomas or certificates granted unto those pupils who have successfully finished the prescribed courses taught.
SECTION 29. This act shall take effect and be in force from and after July 1, 2005.