National Council on Disability Document Archive

Training: Access, Awareness and Advocacy

Posted by: Jamal Mazrui
Date Mailed: Friday, July 18th 1997 06:12 PM

Last March, the President's Committee on Employment of People
with Disabilities and the U.S. Department of Education
cosponsored a leadership training program for minorities with
disabilities.  In three messages, I am distributing the training
materials obtained in electronic form:  (1) Access, Awareness,
and Advocacy; (2) Interacting with People with Disabilities -- An
Etiquette Handbook; and (3) Careers in Rehabilitation.

Since this first message is about 185K in size, I've put
"End of Document" at the bottom to indicate whether you received
it completely.  If not and you want it, let me know and I'll send
it on disk.

Jamal Mazrui
National Council on Disability
Email: 74444.1076@compuserve.com

----------

Training Program:

Americans with Disabilities Act

Access, Awareness, and Advocacy

presented by 

the President's Committee

on Employment of People with Disabilities

in conjunction with and funded by the

United States Department of Education

Office of Special Education

and Rehabilitation Services

National Institute on Disability and 

Rehabilitation Research

and

Rehabilitation Services Administration






PRESIDENT_S COMMITTEE
ON EMPLOYMENT OF PEOPLE
WITH DISABILITIES


Training Program: ADA Access, Awareness, and Advocacy



Table of Contents



Introduction


Module I  _ADA Overview and Historical Perspective_


Module II  _Rehabilitation Act Overview and Historical 
           Perspective_


Module III _Leadership, Communication Skills, and Group
           Dynamics_


Module IV _Disability Awareness and Cultural Sensitivity
           Program_


Module V _Building and Presenting A Program to My   
          Community, Constituents,  and Local Organizations_


Module VI _Developing and Soliciting Grants_


Module VII _Assistive Technology Demonstration_
     

President_s Committee On The Employment Of People With
Disabilities (PCEPD)
Training Program:
ADA Access, Awareness, and Advocacy


Schedule of Activities



Pre-Training Arrivals                   Saturday, March 1, 1997

12:00 Noon - 7:00 p.m.Capitol Hill Room Open
                    Program Assistance Contact Person: Kitty
Clark

2:00 p.m. - 4:30 p.m.REGISTRATION

5:00 p.m. - 6:00 p.m._Mixer_ Managers Complimentary Reception
                    in Hotel Atrium

6:00 p.m. - 7:00 p.m.Buffet Dinner


Day 1 -- MORNING SESSION                  Sunday, March 2, 1997

6:30 a.m. - 8:00 a.m.Complimentary Breakfast in Hotel Atrium Open

7:30 a.m. - 9:00 p.m.Capitol Hill Room Open

8:30 a.m.           OPENING SESSION

Mistress of CeremoniesSylvia Walker, Ed.D.
                    Vice Chair
                    PCEPD

Welcome             Sylvia Walker, Ed.D.

                    INTRODUCTIONS

Overview of 3-Day   Mary Kelly, Program Manager
Training Program    & Kitty Clark, Program Assistant
                    USDA Graduate School

9:15 a.m.           MODULE I

_ADA Overview and Historical Perspective_

Trainer:            Dan Hopkins
Co-Trainer:         Gregory Dougan

_    Overview of Section 504
_    Overview ADA
_    Health Resource Materials
_    Personal Implementation Plan 

10:15 a.m.          BREAK -- Coffee, Tea, Drinks

10:30 a.m.          Continuation of Training Session

12:30 p.m.          LUNCHEON PLENARY SESSION

Welcome             John Lancaster
                    Executive Director, PCEPD

Statement of PurposeDelores Watkins
                    Project Officer
                    NIDRR,    U.S. Department of Education

Invocation          Mr. Claudie Grant
                    Program Manager, PCEPD

                    LUNCH SESSION

Introduction of     Kimberly A. Turner
Keynote Speaker     Director of Programs
                    H.U. Research and Training Center

Keynote Speaker     Claiborne Haughton
                    Department of Defense


Day 1 -- AFTERNOON SESSION                     Sunday, March 2,
1997

2:00 p.m.           MODULE II

_Rehabilitation Act Overview and Historical Perspective_

Trainer:            Dan Hopkins
Co-Trainers:        Nydia Davis
                    Mr. Alex Lugo

_    Overview of Rehabilitation Act_Titles I-VIII
_    Pamphlet - _Review: Legislative History of the American
State-Federal Rehabilitation Program_
_    Synopsis of the Rehabilitation Act Amendments of 1992

3:45 a.m.           BREAK -- Drinks, Snacks

4:00 p.m.           Continuation of Training Session

6:30 p.m.           DINNER SESSION
Guest Speaker:      


Day 2 -- MORNING SESSION                  Monday, March 3, 1997  
          

6:00 a.m. - 8:00 a.m.Complimentary Breakfast in Hotel Atrium Open

7:45 a.m. - 9:00 p.m.Capitol Hill Room Open

8:00 a.m.           MODULE II (continued)

9:15 a.m.           PERSONAL BREAK

9:25 a.m.           MODULE III

_Leadership, Communication Skills, and Group Dynamics_

Trainer:            John English
Co-Trainer:         Kimberly A. Turner
               
_    Leadership in Groups
_    Communication Skills and Effective Techniques
_    Group Dynamics and Effective Techniques

10:35 a.m.          BREAK -- Coffee, Tea, Drinks

10:45 a.m.          Continuation of Training Session

12:00 p.m.          LUNCH BREAK

1:15 p.m.           MODULE IV

_Disability Awareness and Sensitivity Program_

Trainer:            Dan Hopkins
Co-Trainers:        Nydia Davis
                    Mr. Alex Lugo

_    Cultural Awareness
_    Elements of Diversity
_    Sensitivity
_    Cultural Competence
_    Etiquette Handbook

3:15 p.m.           BREAK -- Drinks, Snacks

3:30 p.m.           Continuation of Training Session

Day 2 -- AFTERNOON SESSION                     Monday, March 3,
1997

5:00 p.m.           MODULE V

_Building and Presenting A Program to My Community, Constituents,
and Local  Organizations_

Trainer:            John English
Co-Trainer:         Kimberly A. Turner

_    Components of a Training Program
_    How to Tailor/Focus for the Audience
_    Resources; Where to Go for Help
_    How to Market Your Program

Day 2 -- DINNER SESSION                   Monday, March 3, 1997  

6:00 p.m.           DINNER SESSION
Guest Speaker:      Ronald Blackburn Moreno
                    Executive Director
                    ASPIRA Association, Inc.

Day 3 -- MORNING SESSION                  Tuesday, March 4, 1997

6:00 a.m. - 8:00 a.m.Complimentary Breakfast in Hotel Atrium Open

7:45 a.m. - 9:00 p.m.Capitol Hill Room Open

8:00 a.m.           MODULE V (continued)

10:15 a.m.          BREAK -- Coffee, Tea, Drinks

10:30 a.m.          MODULE VI

_Developing and Soliciting Grants_

Trainer:            Dan Hopkins
Co-Trainers:        Delores Watkins
                    Nydia Davis

_    Overview of Proposal Development Process
_    Resource Guide

12:00 p.m.          LUNCH BREAK

AFTERNOON SESSION                         Tuesday, March 4, 1997

1:30 p.m.                MODULE VI (continued) -- Wrap Up
Activities
_    Continuation of Morning Session, if necessary
_    Overall Program Summary
_    Open Floor -- Questions, Comments, Answers, Follow Up
_    Program Evaluation by Participants

3:20 p.m.           BREAK -- Drinks, Snacks

3:40 p.m.           Continuation of Training Session

5:00 p.m.           Managers Complimentary Reception in Hotel
Atrium
Day 3 -- DINNER SESSION                   Tuesday, March 4, 1997

6:00 p.m.           DINNER SESSION
Guest Speaker: Judy Heumann
                    Assistant Secretary
                    OSERS,   U.S. Department of Education

Acknowledgements    Dr. Sylvia Walker, PCEPD 

Day 4 -- MORNING SESSION                  Wednesday, March 5,
1997

6:00 a.m. - 8:00 a.m.Complimentary Breakfast in Hotel Atrium Open

7:45 a.m. - 12:00 noonCapitol Hill Room Open

8:00 a.m.           MODULE VII

_Assistive Technology Demonstration_

Speaker:       Ophelia Falls
                    Director, Target Center
                    USDA Graduate School

10:00 a.m. - 12:00  Wrap Up Activities
_    Individual Follow-up Plans
_    Discussion
_    Summary 
_    Announcements

12:00 Noon     TRAINING PROGRAM ENDS






Rev. Daniel W. (Dan) Hopkins
11923 East Arkansas Avenue
                   Aurora, Colorado 80012
                                               
303/337-2210/voice & fax
                         

Dan Hopkins is the founder and President of Dan Hopkins &
Associates.  His organization is a consulting primarily serving
the public rehabilitation community.  The firm specializes in
organizational design and development, with an emphasis on
disability and diversity.  DHA provides planning, design, and
evaluation services to organizations in the areas of
management-leadership, human resource management, human resource
development, disability issues, ADA compliance, marketing,
proposal development, managing diversity, strategic planning and
other organizational development areas.

Dan serves as the National Coordinator of the Rehabilitation
Capacity Building Project (RCBP).  This Project is an initiative
of RSA aimed at bringing traditionally underrepresented
populations into the public rehabilitation program.  The RCBP
focuses primarily on skills development for grant writing and
program management.  The mission of the Projects to enhance the
capacity of minority educational institutions, minority owned
businesses and groups working with persons form minority
populations who have disabilities to compete for, acquire and
manage RSA and NIDRR grants, contracts, and cooperative
agreements.

Prior to working in the role of National Coordinator, Dan served
as a faculty member with the University of Arkansas, Regional
Rehabilitation Continuing Education Program.  In this capacity,
Dan coordinated the Cultural Diversity Initiative.  Working with
programs funded under the Rehabilitation Act, he was able to
develop programs which led to increased numbers of minority
individuals with disabilities receiving services and attaining
quality outcomes.
     
Dan is an ordained priest in the Episcopal Church.  He has served
as Rector in a local parish and as Social Justice Officer for the
Diocese of Colorado.  He has founded and run community based
non-profit organizations the area of youth development, substance
abuse, single parent support, gang intervention and community
mobilization.  He has served on numerous community city state and
federal boards and commissions.  Dan has received many awards and
honors for his efforts including: the Jefferson Award for Public
Service given by the American Institute or Public Service and the
Martin Luther King Humanitarian Award presented by the Martin
Luther King Holiday Commission.



John English



John English's clients tap into his years of organizational
development coupled with his counseling and training skills. 
Noted for his work in the fields of research, development,
vocational rehabilitation and developmental disabilities, English
systematically makes sure that your strategies continue to meet
your needs.  He has counseled executives and all levels of
management and teams in union and non union work places.  He has
eased teams through milestones, crises and celebrations.

Besides operating a successful private training and consultant to
management operation, John English is the director of a capacity
building program whose mission is to promote the rights of
minorities and all individuals with disabilities. This program is
led by the Urban League of Northeastern New York, Inc., 
partnered with the New York State Education Department's Office
of Vocational and Educational Services to Individuals having
Disabilities.

English shows that respect, high expectations, skill and planning
foster quality and breakthrough performance.  His vision is a
highly productive work place in which everyone at all levels
contributes uniquely to quality products and services that
astonish.  John English sees leadership, challenge and high
involvement as keys to realizing that vision.

Often, days after the training session is over, the brain starts
to synthesize ideas and information.  Then, the real questions
begin.  To insure that you get the most from your training
experience, John English encourages you to call, E-mail, or write
him if needed after the training session is over.  Feel free to:

call John English at (518) 463-3121
E-mail him at english@taconic.net

or S-mail (snail mail)  him at 27 Dunham Hollow Road
E. Nassau, NY  12062




Ophelia Y. Falls
Director USDA Accessible Technology Program
               U.S. Department of Agriculture
14th and Independence Avenue S.W.
Washington, DC 20250-9800
                                                            
Ophelia V. Falls is a Supervisory Computer Specialist in the USDA
Office of Operations. Ms. Falls is the Director of the USDA
Accessible Technology Program and the Technology Accessible
Resources Gives Employment Today (TARGET) Center. Ms. Falls
established the Accessible Technology Program and the TARGET
Center in December 1992. This program and Center supports all
USDA employees nationwide in the areas of accessible technology
and reasonable accommodation. The functions of the Accessible
Technology Program include support of the TARGET Center, Midwest
TARGET Center, participation in ADP Acquisition Review Team
activities, agencies planning and conferences for IRM and human
resource activities and international activities.

Ms. Falls is chairperson of an USDA Interagency Task Force formed
to ensure accessible technology and reasonable accommodations are
available throughout the Department. The task force assisted in
the establishment of the TARGET Center. This center provides
hardware, software and technology information for people with
disabilities in support of the Secretary_s Workforce Diversity,
_Framework for Change_ policy and the Rehabilitation Act of 1973
Section 508, as amended October 1994.

Ms. Falls represents USDA on the Council on Accessible Technology
(COAT), GSA Computer Information Technology Accommodations
(CITA), and Department of Commerce Committee on Resources for
Electronic Accessible Technology to End-users (CREATE) Federal
organizations. She is a member of the planing committee to the
President_s Committee for Employment of People with Disabilities
annual conferences. These committees are concerned with Federal
regulations for implementation on electronic accessibility for
persons with disabilities.

Previously, Ms. Falls served as a Principal Analysis for Syscon
Corporation, an ADP consulting company. In this position she was
responsible for developing information systems from concept to
implementation. She implemented six major military human resource
information systems while employed by Syscon Corporation.
Additionally, Ms. Falls managed feasibility studies and
requirement analyses efforts for Federal agencies such as Drug
Enforcement Administration, Department of Justice, Department of
Commerce, Department of Education and Department of Labor.

As a Computer System Analyst for Computer Sciences Corporation,
Ms. Falls developed from concept to implementation a variety of
systems for the World Bank and the State Department. She was a
task leader on a $3 Billion Department of Army effort with IBM to
convert 250 million lines of obsolete COBOL code to a new
generation language. Ms. Falls conducted beta testing on newly
developed IBM hardware and software on this project.

In September 1991, Ms. Falls received a Government Computer News
award for her accomplishments in USDA in the area of information
technology for employees with disabilities.

In October 1992 and September 1995, Ms. Falls received two
Association for Persons with Disabilities in Agriculture (APDA)
Certification of Appreciation for a Super Supervisor Award in
recognition of special efforts in support of disability
management in the Department. Secretary Dan Glickman presented
this award.

In September 1990, Ms. Falls was recognized in the _USDA
Framework for Change Women in Agriculture_ publication. She was
cited for her accomplishments for implementing Section 508 of the
Rehabilitation Act, as amended in 1994 in USDA.





















This Training Program was conducted with the assistance of the
Graduate School,  USDA. Our mission is, through education,
training and related services, to assist government organizations
to increase their efficiency, effectiveness and productivity and
to assist individuals to improve their job performance and pursue
lifelong learning.

----------
MODULE I

_ADA Overview and Historical Perspective_






Trainer: Dan Hopkins
Co-Trainers: Gregory Dougan







Module I




Goal:  To familiarize participants with Titles I-V of the
Americans With Disabilities Act and other related legislation.

Objective:  By the end of this session participants will:

a.  be familiar with Section 504 of the Rehabilitation Act of
1973;

b.  be familiar with Titles I-V of the ADA;

c.  know the categories of persons covered under the Act;

d.  be familiar with techniques for system, self, and community 
     advocacy.



The Americans with Disabilities Act of 1990


The public perception of the Americans with Disabilities Act is
that it sprang, fully armed, from the forehead of Congress
sometime in 1990. In fact, it is the culmination of almost fifty
years of legislation.

The logical beginning of the ADA was the creation in 1948 of the
President's Commission on the Employment of the Handicapped.
Perhaps motivated by the numbers of WWII veterans with service
connected disabilities, President Truman instituted the first
effort to make accommodations for special needs.

Congress passed a law in 1956 that all federal buildings had to
be accessible to the handicapped.

In 1964, congress passed the Civil Rights Act. While this Act did
not specifically address itself to the issue of disability, it
set up a mechanism for the investigation and prosecution of
discrimination complaints under its Title VII. The Equal
Employment Opportunity Commission (EEOC) and the Justice
Department were charged with enforcing the nondiscrimination
aspects of the law.

The Architectural Barriers Act of 1968 was another early attempt
to assist people with disabilities by mandating the removal of
barriers and restrictions that prevented the handicapped from
using public facilities.

The Rehabilitation Act of 1973 was the first big civil rights law
for people with disabilities. The law prohibited discrimination
against the disabled in any program or facility receiving federal
funding. Sections 503 and 504 are the most pertinent parts of the
act for persons with disabilities.

In 1990, Congress passed and President Bush signed the Americans
with Disabilities Act. It is considered the most sweeping civil
rights legislation ever for people with disabilities. It confirms
the prohibitions against discrimination in the 1973
Rehabilitation Act, and extends them into the private (not
federally funded) sector.

In 1991, on a second try, Congress passed and the President
signed a revision of the 1964 Civil Rights Act. Like the earlier
act, this one did not address issues of disability specifically,
but it did change the legal mechanism of pursuing discrimination
complaints. Specifically, it provided for jury, rather than judge
decisions, and for the awarding of damages which had previously
been limited to injunctive relief and back pay. Since
discrimination complaints under the ADA are handled in the same
manner as other civil rights discrimination cases, this law is
significant.

ADA guarantees comprehensive civil rights protection for
individuals with disabilities in:
     Title I        Employment
     Title II       State and local government Services (includes
PublicTransportation)
     Title III Public Accommodations and Services Operated by
Private Entities
     Title IV  Telecommunications
     Title V   Miscellaneous

An individual with a disability is a person who:
_    has a permanent or temporary physical or mental impairment
that substantially limits one or more major like activities, or
_    has a record of such an impairment, or
_    is regarded as having such an impairment.

Examples ... but not limited to, such contagious and
noncontagious diseases and conditions as orthopedic, visual,
speech, and hearing impairments; cerebral palsy, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, specific
learning disabilities, HIV disease, tuberculosis, drug addiction,
and alcoholism. Homosexuality and bisexuality are not physical or
mental impairments under the ADA. Individuals currently engaging
in the illegal use of drugs are not protected by the ADA when an
action is taken on the basis of current illegal drug use.

Major life activities include functions such as caring for
oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
_________________________________________________________________
_____________
For more information about ADA requirements affecting employment
contact:
     Equal Employment Opportunity Commission (EEOC)
     1801 L Street, NW             (202) 663-4900 (Voice)
     Washington, D.C. 20507        (800) 800-3302 (TDD)

For more information about ADA requirements affecting public
accommodations and state and local government services contact:
Department of Justice (DOJ)
     Office of the ADA             (202) 514-0301 (Voice)
     Civil Rights Division              (202) 514-0381 (TDD)
     P.O. Box 6618
     Washington, D.C. 20035-6118

Region VI Office in Dallas Serves Arkansas: (214) 767-3951
(Voice) or (214)767-6599 (TDD)

For more information on accessibility guidelines for buildings
and facilities, contact:
Architectural and Transportation Barriers Compliance Board
     1111 18th Street NW Suite 501(202) 653-7848 (Voice/TDD)
     Washington, DC 20066          (800) 872-2253 (Voice/TDD)

Arkansas is in Region VI and is served by the Southwest
Disability and Business Technical Assistance Center.
For ADA Information, training, and technical assistance:
800-949-4ADA (Voice/TDD) or 713- 520-0232 (V); 713-520-5136 (TDD)


Federal Laws Supporting the Independent Living Paradigm



1968 Architectural Barriers Act (designed to eliminate
architectural barriers in all federally
     owned or leased buildings)

1970 Urban Mass Transit Act (required that all new purchases of
mass transit vehicles be lift 
     equipped; APTA sought and won a court injunction barring
implementation of the 
     proposed regulations)

1973 Rehabilitation Act (Section 504 and related
non-discrimination provisions in programs 
     receiving federal funds)

1975 Developmental Disabilities Bill of Rights Act (Protection &
Advocacy or P&A agencies 
     in each state established)

1975 P.L. 94-142, Education of All Handicapped Children Act, now
titled Individuals with
     Disabilities Education Act or IDEA (written to require a
free, appropriate, integrated
     public education for children with disabilities:
_mainstreaming" children with disabilities intoregular
classrooms)

1978 Rehabilitation Act Amendments (Title VII, Comprehensive
Services for Independent
     Living was created; Part B funded creation and operation of
"centers")

1983 Rehabilitation Act Amendments (mandated that each state
operate a Client Assistance 
     Project or CAP; Title VII Part A funded to buy services for
IL clients a concept parallel 
     to the basic VR program)

1984 Voting Accessibility for the Elderly and Handicapped Act
(provides that all polling 
     places must be accessible)

1985 Mental Illness Bill of Rights Act (expanded P&As to cover
mental illness)

1986 Rehabilitation Act Amendments (advocates fought for and won
consumer control for 
     Title VII Part B center boards; supported work programs
created and funded)

1988 Air Carrier Access Act (designed to provide for equal access
on private airlines)

1988 Civil Rights Restoration Act (clarified that any
organization or corporation receiving 
     federal funds may not discriminate in any of their programs)



1988 Fair Housing Act Amendments (prohibits discrimination
against people with disabilities 
     in housing and creates universal design in new construction
provisions)

1990 Americans with Disabilities Act (creates broad civil rights
protections for people with 
     disabilities modeled after the Civil Rights Act of 1964)

1991 Civil Rights Act (allows for punitive damages in a civil
suit for discrimination on the 
     basis of disability in employment; strengthens Title I of
the ADA)

1992 Rehabilitation Act amendments (dramatically restructures
Title VII to set standards for 
     centers for independent living, to create an independent
statewide independent living 
     council responsible for statewide planning of center
networks and independent living 
     services, and establishes direct funding for centers in
states where state funding forcenter operations is less than the
federal allotment)



Disability Language


Below is a list of outdated expressions and recommended
alternatives:

Please Avoid these Terms:                    Try these instead:

Afflicted. . . . . . . . . . . . . . . .Affected by 
Birth Defect . . . . . . . . . . . . . .Disabled since birth,
born with a 
                                   congenital disability
Cerebral Palsied . . . . . . . . . . . .Person who has Cerebral
Palsy
Confined to a wheelchair . . . . . . . .Wheelchair user or uses a

                                   wheelchair
Crazy. . . . . . . . . . . . . . . . . .Has an emotional
disability or 
                                   mental illness
Crippled, Crip . . . . . . . . . . . . .Has a physical disability
Deaf and Dumb. . . . . . . . . . . . . .Hearing and speech
impaired or 
                                   deaf
Defective. . . . . . . . . . . . . . . .Impaired
Deformed . . . . . . . . . . . . . . . .Has an impairment
Dummy. . . . . . . . . . . . . . . . . .Pre-lingually deaf
Elephant man's disease . . . . . . . . .Neurofibromatosis
Emotionally disturbed. . . . . . . . . .Behavior disordered
Epileptic. . . . . . . . . . . . . . . .Has epilepsy or seizure
disorder
Fits . . . . . . . . . . . . . . . . . .Seizures
Gimp . . . . . . . . . . . . . . . . . .Amputee
Handicapped. . . . . . . . . . . . . . .Disabled or disability
Handicapped accessible . . . . . . . . .Accessible to people with

                                   disabilities, fully accessible
Hare Lip . . . . . . . . . . . . . . . .Cleft palate
Hunchbacked. . . . . . . . . . . . . . .Has a spinal curvature
Idiot, vegetable . . . . . . . . . . . .Severely mentally
retarded or 
                                   severe brain injury 
Insane, deranged, deviant. . . . . . . .Has a mental disability 
Lame . . . . . . . . . . . . . . . . . .Walks with a limp
Maimed . . . . . . . . . . . . . . . . .Injured or disabled
Midget, dwarf. . . . . . . . . . . . . .Short-statured or little
person
Mongoloid. . . . . . . . . . . . . . . .Downs' Syndrome
Normal . . . . . . . . . . . . . . . . .Non-disabled or
able-bodied
Paralytic or arthritic . . . . . . . . .Is paralyzed or has
arthritis
Retarded . . . . . . . . . . . . . . . .Has mental retardation or
Has a 
                                   developmental disability
Sick . . . . . . . . . . . . . . . . . .Has a mental illness
Spastic. . . . . . . . . . . . . . . . .Has seizures or Has
spasms
Victim . . . . . . . . . . . . . . . . .No substitute - Person
who has_
Wheelchair-bound . . . . . . . . . . . .Uses a wheelchair



INDIVIDUAL IMPLEMENTATION PLAN



This training experience has identified key barriers to the equal
and full integration of persons with disabilities in the
university community. Through your participation, you have
identified ways in which these barriers could be eliminated or
reduced. Consider the following questions when developing Your
individual implementation plan within your college, department,
and/or position.


What barriers are your first priority?

What behaviors or actions are necessary?

What action do you propose?

What personal behavior changes will you make

What organizational changes will be necessary?

What role will you play?

What individual insights have you had during the training
experience which will assist you in this process?



BARRIER        ACTION         TIMELINE       PERSON



----------
MODULE II

_Rehabilitation Act Overview and Historical Perspective_






Trainer: Dan Hopkins
Co-Trainers: Nydia Davis, Alex Lugo






Module II



Goal:  To Familiarize trainees with the Rehabilitation Act of
1973, as amended, Titles I through VIII, to develop effective
outreach and recruitment strategies for interested minority
entities in grants and contract programs funded under those
Titles.

Objectives:  By the end of this module trainees will:

a.        be familiar with and have some ability to articulate
key
     aspects of the 1973  Rehabilitation Act, as amended;

b.        be able to identify the areas of funding appropriate to
     minority entities interested in funding under the RehabAct;

c.        have knowledge of outreach and recruitmentstrategies
which are effective for use with minorityagencies interested in
funding under the Rehab Act;

d.        Know the difference between a federal grant,
contract,or cooperative agreement.



OVERVIEW OF STATE-FEDERAL REHABILITATION PROGRAM

It has become my task to give you a brief overview of the
State-Federal Vocational Rehabilitation Program. The history of
rehabilitation is the history of a long struggle to establish
dignity and opportunity as a right of persons with disabilities,
just as history in general is the story of the long struggle to
establish dignity and opportunity as a right of every human
being. Opportunity is the key word. Everyone deserves at least an
opportunity. We must not forget that persons with disabilities
make up an estimated 43 million people strong. The majority has
expressed a willingness and a desire to work, but has experienced
insurmountable obstacles. These obstacles often result in a lack
of opportunity. Rehabilitation has evolved in order to establish
opportunity as a right of individuals with disabilities. The
following is a very brief history of rehabilitation:

*Late 19th century.....Special classes for children with
disabilities was developed in the public schools, which later led
to the development of numerous state schools for children with
disabilities.
*1914-1918.....Public law 236 was enacted which established the
state/federal program in Vocational Rehabilitation.
*1916.....National Defense Act of 1916, placed an emphasis on
vocational training for soldiers to enable them to return to
civilian life, better equipped for employment.
*1918.....Soldier Rehabilitation Act was passed that initiated a
program of Vocational Rehabilitation for Veterans.
*1920.....A big year for rehabilitation...The Vocational
Rehabilitation program began in America on June 2, 1920 with the
passage of Public Law 236 in the 66th Congress. This was a
two-fold program of vocational guidance and vocational education
for persons with disabilities. Within an 18 month period, 34
states had passed legislation in order to utilize the federal
funds made available on a 50/50 matching ratio. However, during
this same time period no attempt was made to actually define the
scope of the work, or procedures to be followed. Also, the
selection of rehabilitation personnel was left to state boards
and departments of education.
*1939.....Vocational Rehabilitation was set up as a separate
division within the Office of Education.
*1943.....The Office of Vocational Rehabilitation was
established.
*1954.....Public Law 565 was passed. This was called the
_Vocational Rehabilitation Amendments of 1954._ The act
established the foundation for the development of various
rehabilitation facilities. An emphasis was placed on in-service
training as well as the new graduate degrees available in
rehabilitation counseling. For the first time, state agencies
could set up an independent agency of Vocational Rehabilitation.
*1956-1968.....Various amendments that made great strides in
rehabilitation.
*1973......This year brought us the current legislation that we
operate under...._Rehabilitation Act of 1973". Note that the word
_Vocational_ was dropped. The objective of the Act was to provide
rehabilitation services which would assist individuals with
disabilities to become employable and also to promote independent
living. The emphasis was on providing services to persons with
severe disabilities. Several amendments followed this Act in
1978, 1984, 1986, and 1992. The Act of 1973 as amended contains 8
various titles.

Title I......_Vocational Rehabilitation Services_ .... The
purpose of this title is to assist states in operating a
comprehensive, coordinated, effective, efficient, and accountable
program of vocational rehabilitation in order to assist
individuals with disabilities in preparing for, and engaging in
gainful employment.
Title II..... _Research and Training_....The purpose of this
title is to provide for research, demonstration projects,
training, and related activities in order for individuals with
disabilities to obtain full inclusion and integration into
society, employment, and  independent living.
Title III...._Training and Demonstration Projects_....The purpose
of this title is to authorize grants and contracts to ensure that
skilled personnel are available to provide rehabilitation
services to individuals with disabilities through various
rehabilitation programs, supported employment programs,
independent living programs, and through client assistance
programs.
Title IV....._National Council on Disability_....Composed of 15
members appointed by the President, with the consent of the
Senate. The purpose of the Council is to promote policies,
programs, practices, and procedures that: (1) guarantee equal
opportunity for all individuals with disabilities, and (2)
empower individuals with disabilities to achieve economic
self-sufficiency, independent living, full inclusion and
integration into society.
Title V......_Rights and Advocacy_....Established the
Architectural and Transportation Barriers Compliance Board.
Title VI....._Employment Opportunities for Individuals with
Disabilities_ Part A. Establishment of a Community Service
Employment Pilot Program. Part B. Projects with Industry. Part C.
Supported Employment Services. Part D. Business opportunities for
persons with disabilities.
Title VII...._Independent Living Services and Centers for
Independent Living_...The purpose is to promote a philosophy of
independent living, consumer control, self help, self
determination, and equal access in order to maximize the
empowerment, independence, and productivity of persons with
disabilities. It established a statewide Independent Living
Council.
Title VIII..._Special Demonstrations and Training
Projects_.....This title addresses the various grants that the
commissioner can make to states, public or non-profit
organizations, and other organizations. It also addresses the
awarding of grants to eligible institutions of higher education
to support the formation of regional partnerships.


Review: Legislative History of the American
State-Federal Rehabilitation Program



1917- Smith-Hughes Act

This act made federal monies available to states on a matching
basis for vocational education programs. It established the
Federal Board for Vocational Education which later administered
the veteran and civilian vocational rehabilitation programs. This
legislation (unintended at the time) is why Rehabilitation
Counseling subsequently became associated with Colleges of
Education in the USA.

1918 - Soldier's Rehabilitation Act

This act created a vocational rehabilitation program for disabled
veterans that was administered by the Federal Board for
Vocational Education. World War I was an impetus for the
legislation.

1920 - Smith-Fess Act

This act is also known as the Civilian Vocational Rehabilitation
Act (Public Law 236). It established a civilian vocational
rehabilitation program under the Federal Board for Vocational
Education to be funded on a 50-50 matching basis with the states.
Congress provided $750,000 for the first year and $1,000,000 for
each of the next two years. The funding could be used for
vocational guidance, training, occupational adjustment services,
and job placement. The federal vocational rehabilitation program
was not permanent at this time, and Congress needed to
periodically vote to reauthorize it.

1935 - Social Security Act

As part of the Social Security Act vocational rehabilitation was
made a permanent federal program. Congress no longer needed to
reauthorize it, but instead would need to vote if it were ever to
end it. Federal funding was $2,000,000 at this time.

1936 - Randolph-Sheppard Act

This act authorized blind individuals to operate vending stands
on federal property. It also authorized a study to determine
types of work individuals with visual disabilities could perform.

1938 - Wagner-O'Day Act

This act required the federal government to purchase certain
products from workshops for the blind, thereby expanding
employment opportunities in those workshops.

1943 - Barden-Lafollette Act

This was an extremely important act in that it expanded
eligibility for vocational rehabilitation services to mentally
retarded and psychiatrically handicapped individuals. It also
expanded the types of physical restoration services that could be
provided to individuals with disabilities, and provided
maintenance funds, but both required establishment of financial
need. The act also expanded vocational rehabilitation services
for the blind.

Vocational Rehabilitation Act Amendments of 1954

Public Law 565 represented a major expansion of the federal
government's involvement with vocational rehabilitation. It
increased the federal share of funding from 50-50 to 3 federal
dollars for every 2 state dollars, and it expanded annual federal
funding to $65,000,000 by 1958. Services for mentally retarded
and psychiatrically handicapped individuals were greatly
expanded. The act authorized research and demonstration grants,
extension and improvement grants, and funds for facility
development. Grants were also provided to colleges and
universities to train rehabilitation counselors to work with
individuals with disabilities.

Vocational Rehabilitation Act Amendments of 1965

This act expanded the federal-state funding ratio to 75-25. It
provided for 6 and 18 month extended evaluations to determine if
more severely handicapped individuals might benefit from
vocational rehabilitation services, thereby making it possible to
provide many services prior to formal acceptance into a program.
The act eliminated economic need for any vocational
rehabilitation service (states still had the option of employing
economic need tests for training and physical restoration). The
act also extended eligibility to a new category called behavior
disorder if so diagnosed by a psychologist or psychiatrist. This
made it possible to serve public offenders, those with drug and
alcohol problems, and to set up model cities programs to work
with the socially disadvantaged. This proved to be problematic in
that the limited resources of the state-federal rehabilitation
program were significantly directed toward these groups at the
apparent expense of more traditional clientele.


Rehabilitation Act of 1973

This act redirected the vocational rehabilitation program making
its first priority to serve severely disabled individuals. The
behavior disorder category was discontinued. Consumer involvement
was stressed by requiring their involvement in the development of
their Individualized Written Rehabilitation Program (IWRP). The
consumer had to sign the plan to indicate they understood it and
approved. At this time there was political debate about turning
the program into a comprehensive rather than strictly vocational
rehabilitation program. The act authorized funding for
independent living centers that could work with individuals
regardless of vocational potential, but a vocational objective
and feasibility of reaching it was maintained as an eligibility
requirement for the state-federal program. The act also stressed
program evaluation and supported rehabilitation research.

Title V

This was the section of the Rehabilitation Act of 1973 that
advanced civil rights for individuals with disabilities.

Section 501: Required nondiscrimination in hiring handicapped
individuals in the federal government. All executive branches of
the federal government were required to develop affirmative
action plans for hiring, placing and advancing handicapped
individuals.

Section 502: Established the Architectural and Transportation
Barriers and Compliance Board to oversee compliance to the
Architectural Barriers Act of 1968.

Section 503: This section prohibited discrimination against
handicapped individuals in employment by any federal contractor
or subcontractor receiving $2,500 or more. A written affirmative
action plan was required of all employers contracting with the
government and having 50 or more employees or a federal contract
of $50,000 or more.

Section 504: This section prohibits discrimination against
qualified handicapped individuals in any federally supported
program or activity. It applied to any, organization receiving
federal funds such as hospitals, school districts, and state
public welfare offices, and colleges and universities.

Rehabilitation Act Amendments of 1974, 1976 and 1978

These amendments further strengthened the emphasis on services to
individuals with the most severe disabilities.

Rehabilitation Act Amendments of 1986

This act authorized the state rehabilitation agencies to provide
supported employment services to individuals with severe
disabilities who could not traditionally be placed in competitive
employment. It mandated increased use of rehabilitation
engineering services and client assistance programs. Like the
Rehabilitation Act of 1973, it increased the focus on services to
the most severely disabled consumers.

Rehabilitation Act Amendments of 1992

This legislation strongly emphasized consumer involvement in the
policies and procedures of state rehabilitation agencies and in
the development of their IWRPs. It mandated that state
rehabilitation agencies establish Rehabilitation Advisory
Councils with the majority of members being individuals with
disabilities. The amendments emphasized the importance of
empowering people with disabilities, involving them fully in both
the construction of their IWRP and annual review of their IWRP.
It also specified areas that must be included in every consumers
IWRP. The amendments further required state agencies to respond
with an eligibility decision within 60 days of receiving an
application for services, and mandated greater interagency
collaboration through formal cooperative agreements.

                       SECTIONS 2 - 21

I.  Findings, Purpose and Policy. (Section 2)

The amendments specify overarching statements of findings,
purposes, and policy for the entire Act that are consistent with
the principles of The Americans with Disabilities Act (ADA).  

The policies include: 

o    respect for individual dignity, personal responsibility,
self-determination, and pursuit of meaningful careers, based on
the informed choice of individuals with disabilities; 

o    respect for the privacy, rights, and equal access of
individuals with disabilities;

o    inclusion, integration, and full participation of
individuals with disabilities;  

o    support for the involvement of the family, advocates or
authorized representatives, if desired or requested by the
individual with a disability; and

o    support for individual and systemic advocacy and community
involvement.  

The purposes of the Act are:

o    to empower individuals with disabilities to maximize their
employment, economic self-sufficiency, independence, and
inclusion and integration into society, and 

o    to ensure that the Federal Government plays a leadership
role in promoting the meaningful and gainful employment and the
independent living of individuals with disabilities, and assists
States and providers of services in their efforts in this regard.


II.  Definitions. (Section 7)

The amendments revise some definitions and add several new ones. 

o    The term "employment outcome" replaces the term
"employability" and means the entering or retaining of full-time
or, if appropriate, part-time competitive employment in the
integrated labor market (including supported employment) or
satisfying any other vocational outcome determined by the
Secretary and consistent with the Act. (Section 7(5))

o    The term "Federal share" as it relates to the vocational
rehabilitation program under part B of title I is changed and is
now set at the constant rate of 78.7 percent, except for the cost
of the construction of a facility in connection with the
establishment, development, or improvement of a community
rehabilitation program, which remains at 50 percent.  Thus,
effective Federal fiscal year 1993 and throughout the period of
reauthorization, the non-Federal share for vocational
rehabilitation services, other than the construction of a
facility related to a community rehabilitation program, is 21.3
percent.  (Section 7(7)(A))

o    The term "individual with a disability" replaces the term
"individual with handicaps" and modifies the former term by:

               *    using the term "impairment" instead of
"disability";

               *    replacing the term "handicap" with the term
"impediment"; and

               *    including the phrase "can benefit in terms of
an employment outcome" in place of the phrase "reasonably be
expected to benefit in terms of employability".

          The definition of an "individual with a disability" is: 


               *    An individual who has a physical or mental
impairment which for such individual constitutes or results in a
substantial impediment to employment and

               *    can benefit in terms of an employment outcome
from vocational rehabilitation services. (Section 7(8)(A))

o    A definition for the term "personal assistance services" is
added.  The definition clarifies that personal assistance
services includes a range of services designed to increase the
individual's control in life and to assist an individual with a
disability to perform daily living activities that the individual
would typically perform if the individual did not have a
disability.  As one of the mandated vocational rehabilitation
services, personal assistance services may be provided on or off
the job while an individual with a disability is receiving
vocational rehabilitation services.
          (Section 7(11))

o    The term "rehabilitation technology" replaces the term
"rehabilitation engineering" andthe definition is modified to
make it clear that "rehabilitation engineering, assistive
     technology devices, and assistive technology services" are
included under the term "rehabilitation technology".
          (Section 7(13))

o    The term "assessment for determining eligibility and
vocational rehabilitation needs"replaces the term "evaluation of
rehabilitation potential" and the definition isreorganized to
reflect the following purposes:


               *    to determine whether an individual is
eligible for vocational rehabilitation services and to assign a
priority in those States that use an order of selection 

                    -    through a review of existing information


                    -    and, to the extent additional
information is required to make these determinations, a
preliminary assessment of that information, including the
provision of goods and services during the assessment;

               *    to determine the rehabilitation needs of the
individual and the IWRP goals, objectives and nature and scope of
services, if additional information is necessary, through a
comprehensive assessment (including the need for supported
employment) of an eligible individual

                    -    using existing information; 

                    -    information provided by the individual
with a disability or the individual's family; and 

                    -    to the degree needed to make such a
determination, information generated by other assessments;

               *    to provide vocational rehabilitation services
for a total period of not more than 18 months, with an assessment
at least once in every 90 day period, for the limited purpose of
making determinations regarding the eligibility of the individual
for vocational rehabilitation services and the nature and scope
of services needed by the individual.  

          The definition places emphasis on the use of existing
data to the maximum extent possible and appropriate. (Section
7(22))

o    Included are definitions for the following terms used with
respect to supportedemployment: "supported employment";
"supported employment services"; "extendedservices"; and
"on-going support services".  These statutory definitions
closelyparallel the definitions in the recently amended 
regulations (34 CFR 363) for the StateSupported Employment
Services Program authorized under part C of title VI.
          (Section 7(18)(27)(33)(34))

o    The term "community rehabilitation program" replaces the
term "rehabilitation facility"and includes a listing of  services
that can be provided or facilitated by a communityrehabilitation
program to maximize the employment opportunities of individuals
withdisabilities. (Section 7(25))  

o    The term "impartial hearing officer" is defined and provides
parameters as to who can and cannot serve as an impartial hearing
officer.  The definition includes the requirements that the
individual:

               *    not be an employee of a public agency (other
than an administrative law judge, hearing examiner, or employee
of an institution of higher learning) or a member of the State
Rehabilitation Advisory Council;

               *    not have been involved in previous decisions
regarding the vocational rehabilitation of the applicant/client;

               *    has knowledge of the delivery of vocational
rehabilitation services, the title I State plan and State rules
governing the provision of services;  

               *    have no personal or financial conflicts of
interest; and

               *    be trained regarding the performance of
official duties. (Section 7(27))

o    The term "independent living core services" is defined as:
               *    information and referral services; 

               *    independent living skills training;

               *    peer counseling; and

               *    individual and systems advocacy. (Section
7(29))  

          The amendments also provide a listing of services which
are included in the term "independent living services".  The
Conference Report indicates that "independent living core
services" is the term used to describe required services and that
"independent living services" (other than the core services) is
the term used to describe those services that are permissive.

o    The term "transition services" is defined to conform with
the definition set forth in theIndividuals with Disabilities
Education Act (IDEA).  "Transition services" are acoordinated set
of activities for a student, based on the individual student's
needs anddesigned within an outcome-oriented process, that
promotes movement from school topost-school activities. (Section
7(35))

III.  Promulgation of Regulations. (Section 12)

o    Order of Selection

          The amendments require the promulgation of regulations
regarding the implementation of order of selection when services
cannot be provided to all eligible individuals who apply for
services.  RSA is presently developing regulatory provisions to
be published as proposed regulations in this area. 

o    Choice of Services and Service Providers

          The amendments require, within 120 days of enactment,
the publication of regulations establishing criteria for the
selection of IWRP services and service providers by a client.  In
this regard, a Notice of Intent to Regulate will be published
seeking public comment on the factors identified in the
amendments and based on that input regulations will be developed.


IV.  Carryover. (Section 19)

o    The amendments add a new section 19 to the Act which permits
unobligated and unexpended formula grant funds appropriated for a
fiscal year to be carried over by recipients of these funds to
the succeeding fiscal year during which time the funds would be
available for obligation and expenditure. 

o    This carryover provision is applicable only to the extent
that any Federal share requirement is fully satisfied in the
fiscal year for which the funds were appropriated.

o    This carryover provision applies to the following programs: 

               *    vocational rehabilitation and client
assistance under part B of title I; 

               *    innovation and expansion under part C of
title I; 

               *    protection and advocacy of individual rights
under section 509 of title V; 

               *    supported employment under part C of title
VI; 

               *    independent living services under part B of
title VII; and 

               *    centers for independent living under part C
of title VII.

V.  Client Assistance Information. (Section 20)

The amendments add a new section 20 to the Act that clarifies the
obligation of all grantees providing services to individuals with
disabilities under the Act to advise the individuals or their
authorized representatives regarding the availability and
purposes of the client assistance program (CAP), including the
means to seek CAP assistance. 


VI.  Traditionally Underserved Populations. (Section 21)

o    The amendments add a new section 21 to the Act which directs
the Commissioner to develop a policy to prepare minorities for
careers in rehabilitation and to provide financial assistance to
institutions of higher education whose minority enrollment is at
least 50 percent to prepare its students for careers in
vocational rehabilitation and other related service careers.

o    To carry out this policy, the Commissioner is to develop a
plan to provide outreach services to such institutions of higher
education, other organizations owned or controlled by minority
individuals, and underrepresented populations to enhance their
capacity and increase their participation in competitions for
available assistance.

o    To implement this plan, the Commissioner is, for each fiscal
year from 1993 through 1997, to expend one percent of the funds
appropriated for carrying out programs authorized in titles II,
III, VI, VII and VIII.  

o    All applicants for grant assistance under the Act are
required to demonstrate how they will address, in whole or part,
the needs of individuals with disabilities from minority
backgrounds. 



        TITLE I - VOCATIONAL REHABILITATION SERVICES

I.  Findings, Purpose and Policy. (Section 100(a))

The amendments include specific findings, purposes, and policy
for title I of the Act, which encompasses the State Vocational
Rehabilitation Services Program; the Client Assistance Program;
the Innovation and Expansion Program; and the American Indian
Vocational Rehabilitation Services Program.  

The policy specifies that title I programs must be carried out in
a manner consistent with the following principles:

_    individuals with disabilities, including individuals with
the most severe disabilities, are generally presumed to be
capable of engaging in gainful employment;

o    individuals with disabilities must be provided opportunities
to obtain gainful employment in integrated settings;

o    individuals must be active participants in their own
rehabilitation programs, including making meaningful and informed
choices about the selection of their vocational goals,
objectives, and services; 

o    families and natural supports can play an important role in
the success of an individual's vocational rehabilitation program;


o    qualified rehabilitation personnel can facilitate the
employment goals of the individual with a disability;

o    individuals with disabilities and their advocates are to be
full partners in the rehabilitation program and be involved in a
meaningful manner in policy development and implementation; and

o    accountability measures are to facilitate and not impede the
accomplishment of the goals and objectives of the title I
program, particularly with respect to serving individuals with
the most severe disabilities.

The amendments specify that the purpose of title I is to assist
States in operating a comprehensive, coordinated, effective,
efficient, and accountable program of vocational rehabilitation
that is designed to assess, plan, develop, and provide vocational
rehabilitation services for individuals with disabilities
consistent with their strengths, resources, priorities, concerns,
abilities, and capabilities so that such individuals may prepare
for and engage in gainful employment. 


II.  Title I State Plan. (Section 101)

The amendments revise some State plan requirements and introduce
some new ones.

A.  Development of the Plan.  (Sections 101(a)(23) and (36))

Before development of the Title I State plan, the State is to
conduct public meetings throughout the State, after appropriate
and sufficient notice, to allow interested groups, organizations
and the public the opportunity to comment on the proposed plan. 
In addition, the State agency is to seek and consider the advice
of the State Rehabilitation Advisory Council with respect to the
development of and revisions to the State plan, and provide in
the plan a summary of the advice and the agency's response to the
Council's advice and recommendations, together with an
explanation for the rejection of any advice or recommendations. 
The views of the CAP director are also to be considered in the
development of the plan. 

B.  Submission of Plan. (Section 101(a)) 

States are to submit 3 year State plans and can submit State
plans to coincide with the submission of plans under other Acts
such as IDEA. 

C.  Supported Employment. (Section 101(a)(5) and (25))  

The amendments require the State to study and consider a broad
variety of means of providing services for individuals with the
most severe disabilities, including using funds under part C of
title VI to supplement the funds of part B of title I for the
cost of services leading to supported employment.  The amendments
also clarify the requirement that the State have an acceptable
plan for carrying out part C of title VI that includes the use of
part C, title VI funds to supplement title I funds for supported
employment services. 

D.  Provision of Services to All Eligible Individuals. (Section
101(a)(5)) 

o    The amendments require the State to explain in the State
plan how it will provide vocational rehabilitation services to
all individuals with disabilities within the State who are
eligible for such services. 

o    When a State cannot serve all eligible persons and must
invoke an order of selection, the amendments specify that the
State has the authority to adopt criteria for determining which
individuals have the most severe disabilities for purposes of
selecting individuals for rehabilitation services under an order
of selection. 

E.  Rehabilitation Technology. (Section 101(a)(5)(C))
  
The amendments add new State plan provisions regarding
rehabilitation technology.  In this regard, the State plan must
describe:

o    how a broad range of rehabilitation technology services will
be provided at each stage of the rehabilitation process;

o    how the services will be provided on a statewide basis; and

o    the training to be provided to counselors, CAP personnel,
and other service personnel on rehabilitation technology. 
          
F.  Comprehensive System of Personnel Development. (Section
101(a)(7))

The amendments require the State to describe its comprehensive
system of personnel development. This description is to include
procedures and activities the State agency will employ to ensure:

o    an adequate supply of professionals and paraprofessionals
for the designated State unit;

o    coordination with the system of personnel development under
IDEA;
          
o    the development and maintenance of a system to determine, on
an annual basis, information on institutions of higher education
within the State that are preparing rehabilitation professionals;

o    development and implementation of a plan to meet current and
projected personnel training needs and to recruit, prepare and
retain qualified personnel, including personnel from minority
backgrounds and individuals with disabilities;

o    appropriate and adequate training programs are made
available to all personnel, including continuing education and
the dissemination of information from rehabilitation research
training;

o    development and maintenance of standards consistent with any
national or State certification or licensing requirements to
ensure personnel are adequately qualified in the area in which
they are providing services, and in the event that such standards
are not based on the highest standards in the State, the steps
being taken by the State agency to enable personnel to meet the
appropriate professional standards; and

o    availability of personnel to communicate in the native
language or mode of communication of the client.

G.  Comparable Benefits and Services. (Section 101(a)(8))  

The amendments add another exception to the comparable benefits
and services requirement in that the State agency is not required
to make a determination of the availability of comparable
benefits before providing services if an immediate job placement
would be lost due to a delay in the provision of such comparable
benefits. 

H.  Use of Existing Information. (Section 101(a)(9)(A))  

The amendments specify that to the maximum extent appropriate and
consistent with the requirements under the Act, existing
information available from other programs, particularly
information used by educational officials and the Social Security
Administration, and information provided by the individual with a
disability or the individual's family must be used in determining
eligibility for vocational rehabilitation services, identifying
rehabilitation needs, and choosing IWRP goals, objectives, and
services. 

I.  Interagency Cooperation. (Section 101(a)(11))  

The amendments call for:

o    interagency cooperation between VR programs and other
programs and agencies providing services to individuals with
disabilities;

     o    training of staff of other programs regarding the
availability and benefits of vocational rehabilitation services,
and the provisions related to eligibility for services to enhance
the access of individuals to such services; and

o    cooperation among agencies through interagency working
groups and formal interagency cooperative agreements.
          
J.  Statewide Studies. (Section 101(a)(15)(D))

The amendments stipulate that statewide studies of needs of
individuals with disabilities must include outreach procedures to
identify and serve individuals from minority backgrounds and
individuals who have been unserved and underserved by the
vocational rehabilitation system.

K.  Annual Review of Individuals in Extended Employment. (Section
101(a)(16))  

The amendments call for:

o    at least the annual review and reevaluation of each
individual in extended employment to determine the interests and
service needs of the individual for competitive employment in
integrated settings, including supported employment, independent
living and community participation; 

o    input of the individual with disabilities (or, as
appropriate, parent, family, etc.) into such a review; and 

o    maximum efforts to promote movement from extended employment
to integrated employment.  

L.  Role of CAP Director in Development of State Plan and Policy.
(Section 101(a)(23)(C))

The amendments add the State plan requirement that the State
agency is to consider the views of the CAP director in the
formulation of policy and in the development of the State plan.

M.  Rehabilitation Goals and Public Education. (Section
101(a)(24))  
The amendments add the requirement that the State agency must
establish policies and methods, including interagency agreements
with State education agencies, to facilitate as part of the
student's individual education program the accomplishment of
long-term rehabilitation goals for students who are individuals
with disabilities, including goals to enable the student to live
independently before the student leaves a school setting and to
facilitate the transition to vocational rehabilitation.

N.  Additional Provisions in the State Plan. (Sections 101(a)(26)
- (33))  

Additional State plan provisions require descriptions of:

o    how on-the-job or other personal assistance services will be
provided while individuals are receiving vocational
rehabilitation services;

o    how cooperative agreements are established with private
nonprofit vocational rehabilitation service providers; 

o    the needs and use of community rehabilitation programs with
regard to the Wagner-O'Day Act; 

o    how clients are given choice and increased control in
determining their vocational goals and objectives;

o    how students with disabilities who are not in special
education programs can access and receive vocational
rehabilitation services; 

o    how technology devices/services or worksite assessments are
used for assessing eligibility and rehabilitation needs; 

o    how the State modified its policies/procedures in response
to consumer satisfaction surveys conducted by the State
Rehabilitation Advisory Council, and 

o    the coordination with the Statewide Independent Living
Council and the State's independent living centers.
          
O.  Strategic Plan. (Section 101(a)(34))

The amendments add State plan requirements for the State to:

o    develop a strategic plan for expanding and improving
vocational rehabilitation and supported employment services on a
statewide basis in accordance with the provisions of part C of
title I of the Act (innovation and expansion program) and 

o    provide an assurance that the State will use at least 1.5
percent of the State's allotment under part B of title I for the
uses described in section 123 of the Act. 

P.  Evaluation of Rehabilitation Personnel. (Section 101(a)(35)) 

The amendments add a State plan requirement for the State to
describe the system for evaluating the performance of
rehabilitation counselors and other personnel used to facilitate
the accomplishment of the goals of title I, including serving
individuals with the most severe disabilities, and to assure that
any personnel evaluation system developed by the State supports
the attainment of those goals.

Q.  State Rehabilitation Advisory Council. (Section 101(a)(36))

The amendments require a State to establish a State
Rehabilitation Advisory Council which meets the requirements of
section 105 of the Act, unless a consumer-controlled independent
commission is presently overseeing the program.  In this regard,
the State plan must assure that:

o    a Council has been established that is consumer controlled
by persons with physical or mental impairments that substantially
limit major life activities and who represent individuals with a
broad range of disabilities;

o    the State agency seeks and considers the advice of the
Council regarding the development and implementation of the State
plan and the strategic plan, and other policies affecting the
provision of rehabilitation services;

o    a summary of the advice provided by the Council, consumer
satisfaction surveys and other Council input, including
recommendations, and the State agency's response to such input 
          are included in the State plan, together with an
explanation as to why any advice or recommendations were not
accepted; and

o    the designated State unit provides to the Council all
materials required under the Act to be submitted to the
Commissioner; all policies/practices/procedures applicable to the
provision of vocational rehabilitation services; and all copies
of due process hearing decisions. 

III. Determinations of Eligibility. (Section 102(a))

With respect to eligibility for the vocational rehabilitation
program, the amendments specify the following:

A.   Eligibility Criteria. (Section 102(a)(1))

o    the individual meets the definition of an "individual with a
disability", i.e., an individual who has a physical or mental
impairment which constitutes or results in a substantial
impediment to employment and can benefit in terms of an
employment outcome from vocational rehabilitation services, and

o    the individual requires vocational rehabilitation services
to prepare for, enter, engage in, or retain gainful employment. 

B.  Social Security Presumption. (Section 102(a)(2)

An individual who has a disability or is blind as determined
under title II or XVI of the Social Security Act is considered to
have a physical or mental impairment which constitutes or results
in a substantial impediment to employment (the first element of
the definition of an "individual with a disability") and to have
a severe physical or mental impairment which seriously limits one
or more functional capacities in terms of an employment outcome
(the first element of the definition of an "individual with a
severe disability"). 

C.  Determinations by Other Agencies. (Section 102(a)(3))  

Determinations by other agencies, particularly education
agencies, regarding whether an individual satisfies one or more
factors relating to the determination that an individual is an
"individual with a disability" or an "individual with a severe
disability" are to be used to the extent appropriate, available
and consistent with the requirements of the Act. 

D.  Presumption of Benefit. (Section 102(a)(4))

o    The amendments make it clear that there is a presumption
that an individual can benefit in terms of an employment outcome
from vocational rehabilitation services.  Thus, all applicants
for VR services are presumed to meet the second criterion for
program eligibility unless the State agency can rebut this
presumption.

o    To rebut this presumption, the State agency must demonstrate
by clear and convincing evidence that an individual is incapable
of benefiting from VR services in terms of an employment outcome.

o    Prior to determining that an individual is incapable of
benefiting from services due to the severity of the disability,
the designated State agency must first conduct an extended
assessment (evaluation). 

E.  Timelines. (Section 102(a)(5)) 

The State agency must make eligibility determinations:

o    within a reasonable period of time, not to exceed 60 days
after the individual has submitted an application for services 
o    unless exceptional and unforeseen circumstances exist that
are beyond the control of the State agency and the individual
concurs with the extension, or an extended evaluation is required
to determine eligibility. 

IV.  Individualized Written Rehabilitation Program. (Section
102(b))

A.  Joint Development and Agreement. (Section 102(b)(1)(A))

The amendments require that an IWRP must be jointly developed
(and amended, as appropriate), agreed upon, and signed by the
individual with a disability or, as appropriate, a parent, family
member, advocate or authorized representative and the counselor. 

B.  Contents. (Section 102(b)(1)(B))

The amendments revise some existing IWRP provisions and add new
ones.  In this regard, the IWRP must reflect:

o    an employment objective consistent with the unique
strengths, priorities, and capabilities of the individual;

o    a statement of goals and intermediate rehabilitation
objectives which are:

               *    based on the assessment determining
eligibility and vocational rehabilitation needs, including the
assessment of career interests, and

               *    to the maximum extent appropriate, include
placement in integrated settings;

o    the specific services to be provided along with the
projected dates for initiation and anticipated duration of each
service, including: 

               *    if appropriate, a statement of the specific
rehabilitation technology services;
                    
               *    if appropriate, a statement of the specific
on-the-job and related personal assistance services, and, if
appropriate and desired by the individual, training in managing,
supervising and directing personal assistance services; 

               *    an assessment of the need for postemployment
services or, if appropriate, extended services;

               *    a reassessment of the need for postemployment
services or, if appropriate, extended services prior to the point
of successful closure;

               *    a statement, if appropriate, as to how such
postemployment or extended services will be provided or arranged
through cooperative agreements with other service providers;

               *    objective criteria and an evaluation
procedure and schedule to determine if the IWRP objectives are
being achieved;

               *    the terms and conditions under which goods
and services are to be provided in the most integrated settings; 

               *    the identification of the entity or entities
that will provide the services and the process used to provide or
procure such services; 

               *    a statement by the individual in the
individual's own words describing how he or she was informed
about and involved in choosing among alternative goals,
objectives, services, entities providing services, and methods
used to provide or procure such services;

               *    a description of the rights and remedies
available to the individual;

               *    a description of the availability of the CAP;
and

               *    information identifying other services and
benefits from other programs to enhance the capacity of the
individual to achieve the IWRP's objectives.

     C.Accessible IWRP Format. (Section 102(b)(1)(B))

To the maximum extent possible, the IWRP is to be provided in the
native language or mode of communication of the individual, or,
in an appropriate case, of a parent, family member, guardian,
advocate, or authorized representative.

D.  Copy. (Section 102(b)(1)(C)) 

The amendments require that the individual, or in an appropriate
case, parent, family member, guardian, advocate, or authorized
representative be provided a copy of the IWRP and any amendments.


E.  IWRP Amendments.  (Section 102(b)(2))

Any amendments or revisions resulting from the annual review of
the IWRP do not take effect until agreed to and signed by the
individual or, as appropriate, parent, family member, advocate,
or other authorized representative.

V. Impartial Hearing Officer.  (Section 102(d))

The amendments modify some of the provisions relating to the
impartial hearing officer and add a few new ones.


A.  Selection. (Section 102(d)(2)(B) and (C)) 

o    The impartial hearing officer must be selected on a random
basis or by agreement between the director of the designated
State unit and the individual from a pool of qualified hearing
officers.

o    The pool of qualified (see definition of "impartial hearing
officer" on page 4 of this synopsis for specification of required
qualifications) hearing officers is to be identified jointly by
the designated State unit and the provider, advocate, business
and labor, and consumer representatives of the State
Rehabilitation Advisory Council or, in those instances where a
consumer-controlled commission under State law is responsible for
overseeing the operation of the State agency, by the designated
State unit and the commission. 

B.  Overturning A Decision. (Section 102(d)(3)(C)) 

The director of the State unit may not overturn or modify a
decision of the impartial hearing officer that supports the
position of the individual unless, based on clear and convincing
evidence, the director concludes that the decision is clearly
erroneous because it is contrary to Federal or State law,
including policy. 

C.  Receipt of Services Pending Completion of the Hearing.
      (Section 102(d)(5))

Pending a final determination of the hearing, the designated
State unit is not to suspend, reduce or terminate services being
provided under an IWRP, unless the services were obtained through
misrepresentation, fraud or collusion or the individual, or other
authorized representative, requests suspension, reduction, or
termination of services. 

VI.  Vocational Rehabilitation Services for Individuals. (Section
103(a))

The amendments clarify that services under title I include:

o    on-the-job or other related personal assistance services
provided while an individual is receiving services;

o    transition services that promote or facilitate the
accomplishment of long-term rehabilitation goals and objectives;

o    maintenance payments only for additional costs incurred
while participating in rehabilitation;

o    supported employment services; and

o    postemployment services to assist individuals with
disabilities to advance in employment as well as to maintain or
regain employment. 

VII.  Vocational Rehabilitation Services for Groups of
Individuals with  Disabilities. (Section 103(b))

The amendments add a new service available under the authority of
services to groups of individuals with disabilities.  The
amendments authorize State vocational rehabilitation agencies to
provide technical assistance and support services to businesses
not subject to title I of the ADA and that are seeking to employ
individuals with disabilities.

VIII. State Rehabilitation Advisory Council. (Section 105)

The amendments add a new section 105 to the Act that sets forth
the provisions concerning the State Rehabilitation Advisory
Council.  This section specifies requirements related to the:

o    establishment of the Council in order for the State to
receive financial assistance under parts B and C of title I;

o    establishment of a separate Council for a State agency for
individuals who are blind; 

o    composition of the Council, which must include a majority of
persons with disabilities, i.e., individuals with mental and
physical impairments that substantially limit major life
activities, have a record of such an impairment or are regarded
as having such an impairment, and who are not employed by the
designated State unit. Specifically, the Council is to be
comprised of at least one representative of: 

     *    the Statewide Independent Living Council; 

     *    a parent training and information center; 

     *    the client assistance program;

     *    vocational rehabilitation counselors, with knowledge of
and experience withvocational rehabilitation programs, who shall
serve as an ex officio, nonvotingmember(s) of the Council if
employed by the designated State agency; and

     *    community rehabilitation program service providers.

          In addition, the Council is to be comprised of:

     *    four representatives of business, industry and labor;

     *    representatives of disability advocacy groups
representing a cross section ofindividuals with disabilities; and
parents, family members, guardians, advocates,or authorized
representatives of individuals with disabilities who have
difficulty inrepresenting themselves or are unable due to their
disabilities to representthemselves; and

     *    current or former applicants for or recipients of VR
services. 

     The Director of the designated State unit shall be an ex
officio member of the Council and an impartial hearing officer
cannot be a member of the Council. 

o    appointment of Council members by the Governor or the
appropriate entity in the State responsible for making
appointments after soliciting recommendations from organizations
representing a broad range of individuals with disabilities;

o    maximum length of terms (3 years) and number of consecutive
full terms (2);

o    functions of the Council, which encompass:

     *    advising, based on its review and analysis, the
designated State unit regardingthe performance of its
responsibilities under title I, particularly relating to 

                    -    eligibility (including order of
selection);

                    -    the extent, scope, and effectiveness of
services provided; and
 
                    -    functions performed by State agencies
that affect or that potentially affect the ability of individuals
with disabilities in achieving rehabilitation goals and
objectives under title I;

     *    advising the designated State agency and the designated
State unit, and, at thediscretion of the designated State agency,
assisting in the preparation ofapplications, the State plan, the
strategic plan and amendments to the plans,reports, needs
assessments, and evaluations required by title I;

     *    conducting, to the extent feasible, a review and
analysis of the effectiveness ofand consumer satisfaction with 

                    -    the performance of functions of State
agencies and other public and private entities responsible for
performing functions for individuals with disabilities, and

                    -    VR services provided or paid for from
funds made available under the Act or through other public or
private sources and provided by State agencies and other public
and private entities responsible for providing vocational
rehabilitation services to individuals with disabilities;

               *    preparing and submitting an annual report to
the Governor or appropriate State entity and the Commissioner on
the status of vocational rehabilitation programs operated within
the State, and making the report available to the public;
 
               *    preparing a resource plan in consultation
with the director of the designated State unit to carry out the
functions of the Council; 

               *    coordinating with other councils within the
State, including the Statewide Independent Living Council, the
advisory panel established under section 613(a)(12) of the
Individuals with Disabilities Education Act, the State
Developmental Disabilities Planning Council, and the State Mental
Health Planning Council; 

               *    advising the designated State agency and
providing for coordination and the establishment of working
relationships between the State agency and the Statewide
Independent Living Council and centers for independent living
within the State; and

               *    performing such other functions, consistent
with the purpose of title I, as the State Rehabilitation Advisory
Council determines to be appropriate and that are comparable to
the other functions performed by the Council. 

o    convening at least 4 meetings a year and forums and hearings
(all of which are to be open and accessible to the public)
determined by the Council to be appropriate and necessary; and

o    funding of the Council's activities through use of
innovation and expansion funds under part C of title I and funds
for vocational rehabilitation services under part B of title I.

IX.  Evaluation Standards and Performance Indicators. (Section
106)

The amendments add a new section 106 to the Act, which require:

o    the establishment, with widespread input, and publication by
September 30, 1994, of evaluation standards and performance
indicators for the vocational rehabilitation program;

o    the State to report the extent to which it is meeting the
standards and indicators;

o    the provision of technical assistance to any State by the
Commissioner, if the Commissioner determines that the performance
of a State is below established standards; 

o    the joint development by the State and the Commissioner of a
program improvement plan; and,

o    in the event that the State fails to enter into a program
improvement plan or fails to substantially comply with the terms
of such a plan, the reduction or withholding of funds to the
State until the State remedies the situation.

With respect to obtaining input for the development of the
standards and indicators, RSA will publish a Notice of Intent to
Regulate seeking public comment that will be used to develop
proposed standards and indicators. 

X.  Monitoring and Review.  (Section 107)

The amendments add a new section 107 to the Act, which prescribes
rules governing the monitoring of title I programs.  The
provisions address:

o    the annual review and periodic on-site monitoring of
programs including determining whether the State is complying
with the provisions of its State plan and the evaluation
standards and indicators;

o    procedures for review and for monitoring;

o    mandated areas of inquiry;

o    provision of technical assistance to grantees; 

o    procedures for withholding funds for failure to comply with
the provisions of the State plan or with the
standards/indicators; and

o    the process for the State to use in appealing any decision
to reduce or withhold title I funds.  

XI.  Social Security Reimbursement Payments.  (Section 108)

The amendments add a new section to the Act (section 108) which
allows reimbursements from the Social Security Administration
provided to a State for expenditures under the title I program of
vocational rehabilitation to be used for carrying out programs
for which the State receives financial assistance under title I
(vocational rehabilitation, client assistance, and innovation and
expansion, but not the American Indian Vocational Rehabilitation
Services Program under part D of title I since the State is not
the grantee under this program); part C of title VI; and title
VII (independent living services under part B, centers for
independent living under part C, and services for older
individuals who are blind under part C). These reimbursements
cannot be utilized for any other purpose, including matching
Federal funds. 

XII.  Training of Employers.  (Section 109)

The amendments add a new section 109 to the Act which provides
the authority for the State to use title I funds (section 111) to
train employers regarding compliance with the requirements of
title I of the ADA and to inform employers of the existence of
and available services under the State VR services program.   

XIII.  Maintenance of Effort.  (Section 111(a)(2)(B))

The amendments modify the requirements regarding maintenance of
effort.  Effective in fiscal year 1993, the maintenance of effort
is calculated on the amount of State expenditures under the State
plan from non-Federal sources for the fiscal year two years
earlier, e.g., the maintenance of effort for fiscal year 1993
will be calculated on the amount of State expenditures from
non-Federal sources for fiscal year 1991.  Thus, if a State does
not maintain maintenance of effort in fiscal 1993 at least at its
fiscal year 1991 level, a reduction of its allotment of funds
will take place in fiscal year 1994. 

           CLIENT ASSISTANCE PROGRAM - SECTION 112

The 1992 Amendments:   

o    clarify that client assistance programs (CAPs) are
authorized to provide advocacy on behalf of an individual;

o    authorize CAPs to provide assistance with respect to
services that are directly related to facilitating the employment
of the individual;  

o    clarify that CAPs may facilitate access to the services
funded under the Act through individual and system advocacy; 

o    authorize CAPs to provide information on title I of the ADA;


o    clarify the circumstances under which a redesignation may
occur;

o    require CAPs to report on the number of requests received
annually; the number of these requests the CAP is unable to
serve; and the reasons the CAPs are unable to serve all these
requests; and

o    prohibit the Department from requiring for purposes of the
report or any periodic audit, report, or evaluation, a CAP to
disclose the identity of, or any other personally identifiable
information regarding individuals requesting assistance. 

    INNOVATION AND EXPANSION PROGRAM - SECTIONS 120 - 124

Part C of title I of the Act is amended by redesigning the
innovation and expansion grant program, which has not been funded
since the early 80's.  Effective October 1, 1993, the States must
have submitted to RSA a strategic plan for expanding and
improving vocational rehabilitation services in order to receive
funds under part B (vocational rehabilitation and client
assistance programs) and part C (innovation and expansion ) of
title I.  

Specific provisions are:  

o    Submission of the plan to the Rehabilitation Services
Administration focusing on the use of innovative approaches for
achieving long-term success in expanding and improving vocational
rehabilitation and supported employment services. 
          (Section 120)

o    Prior to the development of the strategic plan, the holding
of public forums and meeting with and receiving recommendations
of the State Rehabilitation Advisory Council and the Statewide
Independent Living Council, and, if the recommendations of the
Councils are rejected, including in the plan an explanation for
the rejection. (Section 122 (b) and (c))

o    Development of the strategic plan based on the continuing
statewide studies and the annual evaluation of the program
effectiveness. (Cross-reference: Section 101(a)(19))

o    Seeking and seriously considering in the development of the
plan and any amendments to it, on a regular and ongoing basis,
the advice of the State Rehabilitation Advisory Council. 
          (Section 122(d))

o    The annual updating of the plan based on actual experiences
of the previous year and the input of the State Rehabilitation
Advisory Council, individuals with disabilities, and other
interested parties. (Section 122(a))

o    The wide dissemination of the plan to individuals with
disabilities, related organizations, rehabilitation
professionals, and other interested individuals. (Section 122(e))

 
o    Components of the plan, which are to include:
 
               *    a statement of the mission, philosophy,
values, and principles of the State vocational rehabilitation
program;
    
               *    specific goals and objectives to expand and
improve the  vocational rehabilitation system;
    
               *    specific multifaceted and systemic approaches
to accomplish the objectives, including interagency coordination
and cooperation, that build upon state-of-the-art practices and
research findings;
    
               *    a description of the specific programs,
projects, and activities to be funded and how they relate to the
accomplishment of the objectives;  
    
               *    an assurance that the State will conduct an
annual evaluation to determine the extent to which the objectives
have been achieved; 

               *    specific criteria for determining whether the
objectives have been achieved; and, 

               *    reasons for the non achievement of specific
objectives and a description of alternative approaches that will
be taken. (Section 121)

o    Authorized activities include:

               *    expanding employment opportunities in
integrated settings for individuals with the most severe
disabilities, including individuals with specified disabilities
who have been unserved by programs under this Act; 

               *    maximizing the use of rehabilitation
technology in employment;

               *    assisting employers in accommodating,
evaluating, training or placing individuals with disabilities; 

               *    expanding client involvement in their
training and employment goals; 

               *    improving opportunities for career
advancement; 

               *    improving working relationships between
vocational rehabilitation and independent living programs; 

               *    improving the functioning of the vocational
rehabilitation system by increasing the ease of access into the
system and the quality of services;  

               *    improving the working relationships among
State agencies to better serve individuals with disabilities;

               *    improving the comprehensive system of
personnel development; 

               *    supporting the provision of training and
technical assistance to consumers and business and industry
regarding the 1992 Amendments, title V of the Act and 
                    the ADA; and

               *    supporting the State Rehabilitation Advisory
Council and the Statewide Independent Living Council. (Section
123)

Effective Date for the Amendments  

The amendments specify that the provisions of the 1992 Amendments
(Public Law 102-569) are effective on the date of enactment
(October 29, 1992), with the exception of the provisions of the
State plan identified in section 122 of the Amendments.

                              
TITLE III - TRAINING AND DEMONSTRATION PROJECTS

I. Training. (Sections 301 and 302)  

A.  In general.  The amendments reflect the following provisions:

o    technical assistance is added as an authorized activity; 

o    grants and contracts are authorized to: 

               *    provide training and information to
individuals with disabilities, their parents, families,
guardians, advocates, authorized representatives of the
individuals, and other appropriate parties to develop skills
necessary for the individuals with disabilities to access the
rehabilitation system and to become active decision-makers in the
rehabilitation process;

               *    ensure skilled personnel are available to
provide rehabilitation services to individuals with disabilities
through supported employment, independent living and client
assistance programs; and

               *    maintain and upgrade basic skills and
knowledge of personnel employed to provide state-of-the-art
service delivery systems and rehabilitation technology services. 

o    services provided under the Act, particularly with respect
to the 1992 Amendments, the work incentives under the Social
Security program, title I of ADA and section 504 are identified
as priority training areas for rehabilitation counselors and
other rehabilitation personnel (Section 302(a)(3);

o    applicants for training grants are required to provide a
detailed description of the strategies that will be utilized to
recruit and train members of minority groups and individuals with
disabilities as rehabilitation personnel (Section 302(a)(5); and

o    applicants are required to demonstrate how they will
address, in whole or in part, the needs of individuals with
disabilities from minority backgrounds. (Cross-reference: Section
21(b)(5)) 

B.  Historically Black Colleges and Universities. (Section
302(a)(4))

The Commissioner is required to make grants to Historically Black
Colleges and Universities and other institutions of higher
education with at least a 50 percent minority student population.

C.  Payback Provisions. (Section 302(b)(3))

The payback provisions are amended to shorten the time period for
repayment and to increase the opportunities to meet the
employment requirement. For any academic year beginning after
June 1, 1992, the recipient must work:

o    in one of the identified employment settings (nonprofit
rehabilitation agency, State agency or related agency that has a
service arrangement with the State unit) and

o    on a full or part-time basis for a period of not less than
the full-time equivalent of 2 years for each year of assistance
received and 2 additional years. 

D.  Specific Projects. (Sections 302(d) and (e))

The Commissioner is required to award:

o    2 grants to support rehabilitation technician programs, and

o    2 grants for career advancement or competency-based training
to current employees of public or nonprofit private agencies
providing services to individuals with disabilities. 

E.  Interpreter Training Programs. (Section 302(f))  

The limitation of twelve interpreter training programs is deleted
and the training of interpreters for individuals who are
deaf-blind is added to the authority. 

F.  Inservice Training. (Section 302(g)(3)) 

The amendments provide for:

o    a 15 percent set-aside for inservice training of designated
State agency personnel, unless the set-aside would result in a
lower level of funding for projects being carried out on October
29, 1992, by other training grant recipients;

o    designated State units as the only eligible applicants; and

o    training content areas focusing on:

               *    during fiscal years 1993 and 1994, the
amendments to the Act; 

               *    recruitment and retention of qualified
personnel;

               *    succession planning; and, 

               *    leadership development and capacity building.


II.  Special Demonstrations. (Section 311)

A.  Supported Employment Projects. (Section 311(c))  

The Commissioner is authorized to fund supported employment
demonstration projects to determine the effectiveness of natural
supports or other alternatives to provide extended employment
services, and is required to award at least two grants to serve
individuals who are either low-functioning and deaf or
low-functioning and hard-of-hearing.

B.  Services for Adults Who are Deaf. (Section 311(e))

The Commissioner is authorized to award grants to address the
education and vocational rehabilitation needs of low-functioning
adults who are deaf or hard-of-hearing.

C.  Migratory Workers. (Section 312)

The pool of eligible applicants is broadened to encompass
nonprofit agencies working in collaboration with the designated
State agency. 

D.  Special Recreation Grants. (Section 316)

o    Recreation programs will be required to maintain, at a
minimum, the same level of services over a 3-year project year
and the Federal share of costs will be on a descending scale of
100% for the first year; 75% for the second; and 50% for the
third year. 

o    A grant can be renewed if the Commissioner determines that
the grantee will continue to develop model or innovative programs
of exceptional merit or will contribute substantially to the
development or improvement of special recreational programs in
other locations. 

o    The purpose of the program has been expanded to promote
employment and to include vocational skills development as an
authorized activity.

E.  Construction.

The amendments removed the construction authority (section 301 of
the Act prior to reauthorization) from title III and special
projects authorized under section 311 can no longer contain a
construction component.


III.  Relationship with Title VIII. (Sections 302(i) and 311(f)) 

The amendments clarify that if the Commissioner chooses, funds
appropriated under title III for both training and service
demonstration projects and activities can be utilized to support
training and service demonstration programs, projects, and
activities described in title VIII.  In addition, if the level of
available funds for any fiscal year under title III exceeds the
previous year's funding level as adjusted for inflation, the
amount of excess must be treated as if the excess were
appropriated under title VIII.



                TITLE V - RIGHTS AND ADVOCACY

   Protection and Advocacy of Individual Rights (PAIR)    

A.  Purpose. (Section 509(a))

The purpose of the PAIR program is to support systems in each
State to protect the legal and human rights of individuals with
disabilities who are ineligible for:

o    the client assistance program under section 112 of the Act;

o    protection and advocacy programs under part C of the
Developmental Disabilities Act; or

o    the Protection and Advocacy for Mentally Ill Individuals Act
of 1986. 

B.  Program Authorization and Allotments. (Section 509(b) and
(c)) 

o    If the amount of the appropriation is less than $5.5
million, the Commissioner is authorized to make competitive
awards to eligible systems within States to plan for, develop
outreach strategies for, and carry out protection and advocacy
programs.  

o    If the appropriation level exceeds $5.5 million, the
Commissioner is to set aside not less than 1.8 percent or more
than 2.2 percent of the amount appropriated.  This set aside is
to be used for training and technical assistance to eligible
systems established under this program.

o    The Commissioner is then to distribute the remainder of the
appropriated funds to the eligible system within the State based
on formula in which the amount bears the same ratio to the
remainder as the population of the State bears to the population
of all the States.  Subject to the availability of
appropriations, the minimum allotment is to be $100,000 or
one-third of 1 percent, whichever is greater.

C.  System Requirements. (Section 509(f))

To be eligible, a system must:

o    have in effect a system to protect and advocate for the
rights of individuals with disabilities;

o    have the same general authorities as set out in part C of
the Developmental Disabilities Assistance and Bill of Rights Act;

o    establish a grievance procedure for clients or prospective
clients of the eligible system;  

o    have the authority to pursue legal, administrative, and
other appropriate remedies to ensure the protection of
individuals with disabilities;

o    assure that funds made available under this program will
supplement and not supplant non-Federal funds that would
otherwise be made available for similar purposes; 

o    provide information on and make referrals to programs and
services addressing the needs of individuals with disabilities in
the State; and

o    develop a statement of objectives and priorities on an
annual basis and provide to the public, including individuals
with disabilities and, as appropriate, their representatives, an
opportunity to comment on the objectives, priorities and
activities of the system for each year; the rationale for the
objectives and priorities; and the coordination of programs with
the other advocacy programs identified in paragraph A. 

D.  Direct Funding. (Section 509(g))

Any system that complies with the provisions of this part is to
receive directly the amount of the State's allotment, unless the
State provides otherwise.

E.  Limitation on Disclosure Requirements. (Section 509(h))  

PAIRs are not required to disclose the identity of, or any other
personally identifiable information regarding individuals
requesting their assistance for purposes of any audit, report or
evaluation of the performance of the eligible system established
under this section 509. 

F.  Eligibility for Assistance. (Section 509(i))

An "eligible system" is defined as a protection and advocacy
system that is established under part C of the Developmental
Disabilities Assistance and Bill of Rights Act.

G.  Administrative Costs. (Section 509(j))

An eligible system may not use more that 5% of its allotment for
administration of the system. 

H.  Carryover Provisions. (Section 509(g))

Any amount paid to a State for a fiscal year that remains
unobligated at the end of that fiscal year remains available to
the State for obligation during the next fiscal year for the same
purposes for which the funds were granted. 



     TITLE VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS
                      WITH DISABILITIES

               PART B - PROJECTS WITH INDUSTRY

I.  Purpose. (Section 621(a)(1))

The amendments incorporate "career opportunities" and "career
advancement" considerations in the purpose statement and
authorized activities of the Projects with Industry (PWI)
program.  The purpose statement focuses on the creation and
expansion of job opportunities for individuals with disabilities
in the competitive labor market by involving private industry as
partners in the rehabilitation process to identify competitive
job and career opportunities and the skills needed to perform
these jobs, to create practical job readiness and training
programs, and to provide job placements. 

II.  Eligible Applicants for PWI Grants. (Section 621(a)(2))

The amendments clarify that community rehabilitation program
providers, labor unions, trade associations, Indian tribes and
tribal organizations, designated State units, and other entities
can compete for PWI grants.

III.  Composition of Business Advisory Councils. (Section
621(a)(2))

The amendments specify that the composition of the Business
Advisory Councils must include individuals with disabilities and
their representatives. 

IV.  Determination of Eligibility. (Section 621(a)(3))

The amendments specify criteria and define the roles of the
designated State unit and the PWI grantee in determining who is
eligible to receive services from PWI grantees.  In this regard,

o    the individual must be determined by the designated State
unit to be an individual with a disability as defined in section
7(8)(A) or an individual with a severe disability as defined in
section 7(15)(A);

o    the State unit is to rely on the determination made by the
grant recipient to the extent appropriate and available and
consistent with the requirements of the Act; and,

o    if the designated State unit does not notify the PWI grantee
within 60 days that its determination is inappropriate, the
grantee may consider the individual to be eligible.


This language makes it clear that the PWI grant recipient makes
an initial eligibility determination which becomes final if the
designated State unit does not advise the grantee within 60 days
that its initial determination is inappropriate.

V.  Additional Criteria for Annual Evaluation. (Section
621(a)(5))

The amendments add the following two new items to be incorporated
into the plan to annually review and evaluate the operation of
the project in accordance with the PWI standards: 

     o    number of individuals who were terminated from project
placements, and 

o    the duration of such placements.

VI.  Technical Assistance. (Section 621(g))

The amendments provide the basis for the Commissioner to include,
as part of the agreements with PWI grantees, the authority to
provide technical assistance to employers regarding:

o    hiring of individuals with disabilities;

o    improving or developing relationships with current PWIs or
prospective grant recipients and employers or organized labor;
and,

o    understanding/meeting the requirements of the ADA as it
relates to employment of individuals with disabilities. 


         PART C - SUPPORTED EMPLOYMENT SERVICES FOR
            INDIVIDUALS WITH SEVERE DISABILITIES

Title VI, part C is revised in its entirety.  Key definitions
pertaining to supported employment are set out in section 7 of
the Act.  The amended statutory provisions reflect to a large
degree the recent revisions made in the Federal regulations (34
CFR Part 363) implementing part C of title VI under the Act prior
to reauthorization.

I.  Purpose. (Section 631)

The purpose of part C of title VI is to provide grants, in
addition to grants for vocational rehabilitation under part B of
title I, to assist States in providing supported employment
services for individuals with the most severe disabilities who
require supported employment services to enter or retain
competitive employment. 

II.  Allowable and Non Allowable Uses of Funds. (Section 633)

Funds provided under part C of title VI may be used to provide
supported employment services, which is a term defined in section
7(34).  Funds provided under part C of title VI, section 311(c)
and 311(d), and title I may not be used to provide extended
services (a term defined in section 7(27)) to eligible
individuals, either under title VI or title I. 

III.  Eligibility. (Section 634)

An individual is eligible under this part to receive supported
employment services if the individual is:

o    eligible for vocational rehabilitation services; 

o    determined to be an individual with the most severe
disabilities; and,

o    a comprehensive assessment carried out under title I
identifies supported employment as the appropriate rehabilitation
objective for the individual.

This definition introduces the following new dimensions in the
supported employment program:

o    to be eligible for supported employment services, the
individual must be an individual with the most severe
disabilities, and 

o    the determination that a supported employment placement
would be appropriate for an individual is to be based on the
comprehensive assessment carried out subsequent to the
determination of an individual's eligibility for services under
the title I program. 

IV.  State Plan. (Section 635)

The State must submit a part C, title VI supplement to the title
I State plan that addresses, among other requirements, the
following:

o    identification of the designated State agency as the agency
to administer the program;

o    a summary of the results of the statewide assessment
conducted under section 101(a)(5) with respect to the need for
supported employment services;

o    an assurance that the comprehensive assessment of an
eligible individual will include consideration of supported
employment as an appropriate rehabilitation objective;

o    description of the quality, scope and extent of supported
employment services to be provided;

o    demonstration of evidence of efforts to identify and make
arrangements with other State agencies and other appropriate
entities (including entering into cooperative agreements) to
assist in the provision of both supported employment services and
extended services;

o    an assurance that an individualized written rehabilitation
program will be developed and updated in order to specify:

               *    the supported employment services to be
provided;

               *    the expected extended services needed; and 

               *    the source of extended services, which may
include natural supports, or, if is not possible to identify the
source of the extended services at the time the IWRP is
developed, provision of a statement describing the basis for
concluding that there is a reasonable expectation that such
sources will become available;

o    an assurance that if jobs skills training is provided, the
training will be provided on-site; and

o    supported employment services will include placement in an
integrated setting for the maximum number of hours possible
          based on the unique strengths, resources, interests,
concerns, abilities, and capabilities of the individual. 

V.  Provision of Discrete Postemployment Services. (Section 637)

In addition to providing supported employment services using
title I funds, the amendments make it clear that a designated
State unit can provide discrete postemployment services utilizing
title I funds to an individual who is eligible for supported
employment services under part C of title VI or part B of title
I.



        TITLE VII - INDEPENDENT LIVING SERVICES AND 
               CENTERS FOR INDEPENDENT LIVING 
                              
Title VII of the Act is completely revised and is divided into
two chapters.  Chapter 1 is comprised of three parts: part A for
general provisions; part B for the State program of independent
living services; and part C for centers for independent living. 
Chapter 2 is devoted solely to independent living services for
older individuals who are blind  

           CHAPTER 1 - PART A - GENERAL PROVISIONS

I.  Purpose. (Section 701)

The purpose of chapter 1 is to promote a philosophy of
independent living, including a philosophy of consumer control,
peer support, self-help, self-determination, equal access, and
individual and system advocacy, in order to maximize the
leadership, empowerment, independence, and productivity of
individuals with disabilities, and their integration and full
inclusion into the mainstream of American society.

In order to attain these goals, financial assistance is provided
under chapter 1 for:

o    States to provide, expand, and improve the provision of
independent living services; 

o    development and support of a statewide network of centers
for independent living; and 

o    States to improve working relationships among other related
programs.

II.  Definitions.  (Section 702)

A.  Center for Independent Living.  

The term means:

o    a consumer-controlled, community-based, cross-disability,
nonresidential, private non-profit agency

o    that is designed and operated within a local community by
individuals with disabilities, and

o    provides an array of independent living services.

B.  Consumer Control.  

The term means, with respect to an entity, that the entity vests
power and authority in individuals with disabilities.

C.  Independent Living Services and Independent Living Core
      Services. (Sections 7(29) and (30))

"Independent living core services" is a defined term in section
7(29) of the Act and means:

o    information and referral services;

o    independent living skills training;

          opeer counseling (including cross-disability peer
counseling); and

o    individual and systems advocacy.

The term "independent living services" is defined in section
7(30) of the Act.  The term encompasses the "independent living
core services" and a variety of other services.

The Conference Report indicates that the term "independent living
core services" are required services, whereas the term
"independent living services" describes those services which are
permissive.  Section 725 of the Act requires that centers for
independent living funded under part C of title VII must provide
independent living core services.

III.  Eligibility for Independent Living Services. (Section 703)

To be eligible for services under parts B and C of chapter 1 of
title VII, an individual must be an individual with a severe
disability, which means:

o    an individual with a severe physical or mental impairment
whose ability to function independently in the family or
community or whose ability to obtain, maintain, or advance in
employment is substantially limited, and

o    for whom the delivery of independent living services will
improve the ability to function, continue functioning, or move
towards functioning independently in the family or community or
to continue in employment, respectively.

IV.  State Plan. (Section 704)

A.  Development of the Plan. (Sections 704(a)(1)(2) and (m)(6)) 

To be eligible for assistance under chapter 1 of title VII, a
State must submit a State plan that is jointly developed and
signed by the director of the designated State unit and the
chairperson of the Statewide Independent Living Council.  In
addition, public hearings regarding the contents of the plan are
to be held during both its formulation and any periodic review
and revision.

B.  State Independent Living Council. (Sections 704(b) and
705(a))

The plan must provide for the establishment of a Statewide
Independent Living Council.  Receipt of funds under chapter 1 of
title VII is contingent on the establishment of the Council.

C.  Designation of State Unit. (Section 705(c)) 

The plan must designate the State vocational rehabilitation unit
as the agency that:

o    receives, accounts for, and disburses Federal funds received
by the State under chapter 1;

o    is responsible for the provision of administrative support
services for programs under parts B and C of chapter 1;

o    keeps required records with respect to the programs and
affords the access to them that the Commissioner finds necessary;
and

o    submits additional information and assurances as required by
the Commissioner.

D.  Objectives. (Section 704(d)) 

The plan must:

o    specify objectives to be achieved under the plan;

o    establish timelines for the achievement of the objectives;
and

o    explain how the objectives are consistent with and further
the purpose of chapter 1.

     E.Independent Living Services. (Section 704(e))

The State plan must provide that the State will provide
independent living services under chapter 1 of title VII to
individuals with severe disabilities.

F.  Independent Living Plan.  (Section 704(e))

The State plan must provide that independent living services will
be provided in accordance with an independent living plan
mutually agreed upon by an appropriate staff member of the
service provider and the individual, unless the individual signs
a waiver stating that such plan is unnecessary.

G.  Scope of Services and Arrangements for Their Provision.  
(Section 704(f))  

The plan must describe the extent and scope of independent living
services to be provided under chapter 1 to meet the objectives
described in the State plan.  If the State provides for the
delivery of independent living services through a grant or
contract, the State plan must describe such arrangements.  

H.  Statewide Network of Centers for Independent Living. 
     (Section 704(g))  

The plan must set forth a design for the establishment of a
statewide network of centers for independent living services that
comply with the standards and assurances for centers for
independent living specified in section 725 of the Act.

I.  States in Which State Funding of Centers Equals or Exceeds
Federal Funding. (Section 704(h))  

In States in which State funding for centers equals or exceeds
the Federal allotment to the State for centers for independent
living under part C of chapter 1, the State plan must include
policies, practices and procedures governing the awarding of
grants to centers and the oversight of such centers consistent
with the provisions of section 723 of the Act.

J.  Cooperation, Coordination and Working Relationships Among
Various Entities. (Section 704(i))

The plan must describe the steps that will be taken to maximize
cooperation, coordination and working relationships among:

o    the independent living rehabilitation service program under
part B of chapter 1, the Statewide Independent Living Council,
and the centers for independent living, and

o    the designated State unit, other State agencies represented
on the Council, other disability related councils, and other
public and private entities determined by the Council to be
appropriate.
     
K.  Coordination of Services and Funding. (Sections 704(j) and
(k))  
The plan must describe how services funded under chapter 1 will
be coordinated with and complement other services to avoid
unnecessary duplication with other Federal, State and local
programs.  In addition, the plan must describe coordination
efforts with respect to Federal and State funding for services
provided under parts B and C of chapter 1.

L.  Outreach. (Section 704(l))  

With respect to services and centers funded under chapter 1, the
plan must describe the steps to be taken regarding outreach
activities to unserved and underserved populations, including
minority groups and urban and rural populations.

M.  Assurances. (Section 704(m))

The State plan must provide satisfactory assurances that all
recipients of financial assistance under chapter 1 must:

o    notify all individuals seeking or receiving services under
chapter 1 about the availability and purpose of client assistance
services and how to contact the client assistance program;

o    take affirmative action to employ and advance in employment
qualified individuals with disabilities consistent with the
provisions of section 503 of the Act;

o    adopt such fiscal control and fund accounting procedures to
ensure the proper disbursement and accounting for funds paid to
the State under this chapter;

o    maintain records that disclose the amount and disposition of
the proceeds of financial assistance, the total cost of any
undertaking connected with the assistance, and the amount of the
total cost provided by other sources; 

o    maintain other records determined by the Commissioner to be
appropriate to facilitate an effective audit; 

o    afford access to the records; 

o    submit reports regarding the records as determined
appropriate by the Commissioner;

o    provide access to the Commissioner and the Comptroller
General to conduct audits and examinations of any books,
documents, papers, and records of the recipients that are
pertinent to the financial assistance received under this
chapter; and

o    provide for public hearings on the contents of the plan
during both its formulation and review. 

N.  Evaluation of the Plan's Objectives. (Section 704(n))

The State plan must establish a method for the periodic
evaluation of the effectiveness of the plan in meeting the
identified objectives of the plan.  The method of evaluation must
encompass an evaluation of satisfaction by individuals with
disabilities.

V.  Statewide Independent Living Council. (Section 705)


A.  Establishment of the Council. (Section 705(a)) 

Each State must establish a Statewide Independent Living Council
in order to receive funds under chapter 1 of title VII and the
Council is not to be established within a State agency.

B.  Appointment of Council Members. (Section 705(b))

Members of the Council must be appointed by the Governor or the
appropriate entity within the State responsible for making
appointments within 90 days after the enactment of the amendments
and after soliciting recommendations from organizations
representing a broad range of individuals with disabilities.

C.  Composition of the Council. (Section 705(b))

The Council must include:

o    at least one director of a center for independent living
chosen by the directors of the centers within the State;

o    as an ex officio, nonvoting member, a representative from
the designated State unit; and also

o    as ex officio, nonvoting members, representatives from other
State agencies that provide services for individuals with
disabilities.

The Council may also include:

o    other representatives from centers for independent living;

o    parents, guardians and advocates of and for individuals with
disabilities; 

o    representatives from private businesses and organizations
that provide services for individuals with disabilities; and

o    other appropriate individuals.

The Council's chairperson is to be selected by the Council from
among the Council's members, except in those States in which the
Governor does not have veto power by State law.  In this
instance, the Governor must designate a member of the Council to
be the chairperson or require the Council to designate such a
member.

D.  Qualifications for Council Membership. (Section 705(b))

The Council must be comprised of individuals who:

o    provide statewide representation;

o    represent a broad range of individuals with disabilities;   

o    and are knowledgeable about independent living services and
centers for independent living.

In addition, a majority of the Council's membership must be made
up of individuals who have a physical or mental impairment which
substantially limits one or more of their major life activities,
have a record of such impairment, or are regarded as having such
impairment.  Such individuals, however, cannot be employees of
the designated State unit or any center for independent living. 

                                             E.  Term of
Membership. (Section 705(b))

Each member of the Council is to serve three-year terms, except
for initial members whose terms will expire on a staggered basis.
No member may serve more than two consecutive full terms.

F.  Functions of the Council. (Sections 705(c) and (d)) 

The Council must:

o    jointly develop and submit, in conjunction with the
designated State unit, the State plan;

o    monitor, review and evaluate the implementation of the State
plan;

o    coordinate activities with the State Rehabilitation Advisory
Council and other councils addressing the needs of specific
disability populations and issues under other Federal law; 

o    ensure that all regularly scheduled meetings of the Council
are open to the public with sufficient advance notice provided;
and

o    submit to the Commissioner any periodic reports as the
Commissioner may reasonably request; keep required records; and
afford access to those records as the Commissioner finds
necessary.

The Council is also authorized to hold hearings and forums as it
determines to be necessary to carry out its duties.

G.  Management of the Council. (Section 705(e))  

o    The Council must prepare, in conjunction with the designated
State unit, a resource plan, including staff and personnel, to
carry out the functions of the Council.  Funding sources for the
resource plan are chapter 1 of title VII; part C of title I (I&E
program); and, other public and private sources.

o    Consistent with State law, the Council must supervise and
evaluate Council staff and personnel.  While carrying out the
duties of the Council, such staff and other personnel are not to
be assigned duties by the designated State unit or any other
agency or office of the State that would create a conflict of
interest.

H.  Compensation and Expenses. (Section 705(f)) 

The Council may use funds to reimburse reasonable and necessary
expenses incurred by members of the Council in carrying out
Council responsibilities.  Such expenses include forfeited wages,
travel expenses, child care, personal assistance services, and
compensation to a member who is not employed or who must forfeit
wages from other employment while engaging in Council duties.

I.  Use of Existing Councils. (Section 705(g)) 

For the first year of the reauthorization, a State may use an
existing Council that is comparable to the Statewide Independent
Living Council.  Within one year of the enactment of the
amendments, a State must establish a Council that fully meets the
requirements of section 705 of title VII.

VI.  Responsibilities of the Commissioner. (Section 706)

A.  Compliance Indicators for Centers for Independent Living 

Not later than October 1, 1993, the Commissioner is to develop
and publish in the Federal Register indicators of minimum
compliance consistent with the standards set forth in  section
725 of the Act.  (RSA is presently reviewing comments received in
response to the Advanced Notice of Proposed Rulemaking in this
regard prior to publishing a Notice of Proposed Rulemaking.)

B.  On-site Compliance Reviews.  

The Commissioner must, on an annual basis, conduct random on-site
compliance reviews of at least 15 percent of the centers for
independent living receiving funds under part C of chapter 1 of
title VII.




      CHAPTER 1 - PART B - INDEPENDENT LIVING SERVICES

Part B of chapter 1 is a formula grant program providing grants
to States to support activities related to the provision of
independent living services to individuals with severe
disabilities.  It replaces the part A program under the former
title VII.

I.  Allotments. (Section 711)

Funds are allotted on the basis of population with a minimum
allotment per State of $275,000, 1/3 of 1 percent of available
funds, or the amount received in fiscal year 1992 under part A of
the former title VII, whichever is greatest.

II.  Matching Requirements. (Section 712)

o    The Federal share is 90 percent of the expenditures and

o    the non-Federal share may be provided in cash or in kind,
fairly evaluated, including plant, equipment, or services.  

III.  Authorized Uses of Funds. (Section 713)

The State may use funds under part B to:

o    pay for the resources described in the State plan pertaining
to the operation of the Statewide Independent Living Council;

     o    provide independent living services; 

o    demonstrate ways to expand/improve services; 

o    support the operation of centers for independent living; 

o    support activities to increase the capacities of public or
nonprofit agencies and organizations and other entities to
develop comprehensive approaches or systems for providing
independent living services;

o    conduct studies and analyses, gather information and present
findings and recommendations to local, State and Federal
policymakers to enhance independent living services for
individuals with disabilities; 

o    train individuals with disabilities, individuals providing
services to individuals with disabilities and others regarding
the independent living philosophy; and 

o    provide outreach to populations that are unserved and
underserved by programs under title VII, including minority
groups and urban and rural populations.



     CHAPTER 1 - PART C - CENTERS FOR INDEPENDENT LIVING

The purpose of part C of chapter 1 of title VII is to support
centers for independent living.  In fiscal year 1993, all awards
will be made by RSA.  Beginning in fiscal year 1994, the program
will be administered either by the State or RSA, depending on the
level of State funding for centers for independent living.

I.  Program Authorization. (Section 721)

A.  1994 and Subsequent Fiscal Years. (Sections 721(a) - (d))

In any year in which the amount of funds appropriated to carry
out part C exceeds the amount appropriated for fiscal year 1993:

o    The Commissioner is to reserve not less than 1.8 percent and
not more than 2 percent of the funds for grants to or contracts
or other arrangements with entities experienced in the operation
of centers for independent living for the purpose of providing
technical assistance and training on planning, developing,
conducting, administering and evaluating centers for independent
living.  

o    To determine funding priorities for these grants or
contracts, a training and technical assistance needs survey of
Statewide Independent Living Councils and centers for independent
living is to be conducted by RSA.  

o    After the reservation of funds for technical assistance and
training, the remaining funds are to be allocated among the
States on the basis of population except as follows:

               *    a State's allotment may not be less than the
amount of financial assistance received by centers for
independent living in the State for fiscal year 1992;  

               *    if the total appropriation exceeds the fiscal
year 1992 amount by $8 million, the minimum allotment per State
is to be $450,000 or one-third of one percent of the
appropriation, whichever is greater; or  

               *    if the appropriation exceeds the fiscal year
1992 amount by $4 million, but is less than $8 million, the
minimum allotment is to be $400,000 or one-third of one percent
of the appropriations, whichever is greater; or

               *    if the appropriations exceed the fiscal year
1992 amount by less than $4 million, the minimum allotment is to
approach, as nearly as possible, the minimum of $400,000 or
one-third of one percent of the appropriations, whichever is
greater.

o    Minimum allotments are to be adjusted for inflation in any
fiscal year beginning with fiscal year 1994 in which the
appropriation exceeds the previous year's appropriation by more
than the rate of inflation.

o    When the Commissioner determines that an allotment to a
State will not be expended by the State for support of centers
for independent living, those funds can be reallotted to other
States that can use the additional funds.  

B.  Transition Rules for Fiscal Year 1993. (Section 721(e))

o    From the amount appropriated to support centers for
independent living, an amount not less than 1.8 percent and not
more than 2 percent is to be reserved for training, technical
assistance and transition assistance to centers for independent
living.  

o    After the reservation is made, grants are to be made by the
Commissioner to private, nonprofit agencies that received funding
directly or through subgrants or contracts for fiscal year 1992
under part B as in effect on the day before the date of enactment
of the amendments, if their applications for funding demonstrate
they will comply by October 1, 1993, with the standards and
assurances for centers for independent living.

o    Private, nonprofit agencies that did not receive funding
under part B as in effect on the day before the date of enactment
of the amendments for fiscal year 1992 may receive funding for
fiscal year 1993 if they submit satisfactory applications, but
only after all the agencies within the State that did receive
funding in fiscal year 1992 and submitted satisfactory
applications for fiscal year 1993 have been funded.

II.  Grants to Centers in States in Which Federal Funding Exceeds
     State Funding. (Section 722)

A.  Necessary Conditions. (Section 722(a))

In any fiscal year in which the director of a designated State
unit does not award grants under section 723 of the Act to
eligible agencies in a State, the Commissioner is to make grants
from the funds allocated to the State directly to eligible
agencies within the State.
 
B.  Eligible Agency. (Section 722(b)) 

In States with approved Title VII State plans, the Commissioner
may make a grant to any eligible agency that has the power and
authority to carry out the purpose of part C and perform the
functions of a center for independent living set forth in section
725 of the Act; meets the required standards and assurances for a
center for independent living; and submits a satisfactory
application.  An eligible agency is defined as a
consumer-controlled, community-based, cross-disability,
nonresidential private nonprofit agency.

C.  Existing Eligible Agency. (Section 722(c)) 

The Commissioner is to award grants to any eligible agency that
is receiving funds for a center of independent living under part
C of chapter 1 of title VII on September 30, 1993, unless the
Commissioner determines that the agency does not meet the
required program and fiscal standards and assurances for a center
for independent living set forth in section 725 of the Act.

D.  New Centers. (Sections 722(d) and (e))  

o    If there is no center serving a region of the State or a
region is underserved, and the increase in the State's allotment
is sufficient to support an additional center, the Commissioner
may award a grant to the most qualified applicant, consistent
with the State's design described in its Title VII State plan
with respect to the establishment of a statewide network of
centers for independent living.

o    The amendments provide criteria for selecting new centers
and include the following order of priorities for allocating
funds among centers within a State:

               *    existing centers meeting the standards and
assurances of section 725;

               *    cost-of-living increases for existing
centers; and

               *    new centers.
 
o    Centers receiving support for the operation of a center
under part B (or part A as in effect on the day before the date
of the enactment of the 1992 Amendments) are not considered
"existing centers" and are eligible to compete as "new centers."

E.  Periodic Review. (Section 722(f))

o    The Commissioner is required to review each center
periodically to ensure compliance with the standards and
assurances for centers for independent living.

o    If a center for independent living is found to be out of
compliance, the Commissioner is to terminate all funds 90 days
after the date the center is notified of its noncompliance
unless:

               *    the center submits a plan to achieve
compliance within 90 days of such notification and 

               *    such plan is approved by the Commissioner.

III.  Grants to Centers in States in Which State Funding Equals
or Exceeds Federal Funding. (Section 723)

A.  Necessary Conditions. (Section 723(a))

o    Beginning October 1, 1993, if the Commissioner determines
that for a preceding fiscal year the amount of State funds
earmarked to support the general operation of centers for
independent living meeting the requirements of part C of title
VII equaled or exceeded the amount of Federal funds allotted to
the State, the director of the designated State unit may apply to
the Commissioner to award grants to  eligible agencies for the
planning, conduct, administration, and evaluation of centers for
independent living that comply with the standards and assurances
set forth in section 725.  

o    The State may continue to award grants for centers for
independent living in subsequent years if State funds earmarked
for centers for independent living continue to equal or exceed
Federal funds; if the State does not maintain the necessary level
in a fiscal year, it loses its eligibility to administer the
program after a final year following the fiscal year in which it
failed to equal or exceed Federal funding.

o    If the designated State agency of a State does not submit
and obtain approval of an application for funds under section 723
of the Act or loses eligibility to administer the program, the
Commissioner is to make the grants directly in accordance with
section 722.

B.  Eligible Agency. (Section 723(b))  

In States with approved Title VII State plans, the director of
the designated State unit may make grants to an eligible agency
that has the power and authority to carry out the purpose of part
C and perform the functions of a center for independent living
set forth in section 725; meets the required standards and
assurances for a center for independent living; and submits a
satisfactory application.  An eligible agency is defined as a
consumer-controlled, community-based, cross-disability,
nonresidential private nonprofit agency.

C.  Existing Eligible Agency. (Section 723(c)) 

The director of the designated State unit is to award grants to
any eligible agency that is receiving funds for a center for
independent living under part C of chapter 1 of title VII on
September 30, 1993, unless the director makes a finding that the
agency fails to meet the required program and fiscal standards
and assurances for a center for independent living set forth in
section 725 of the Act. 

D.  New Centers. (Sections 723(d) and (e))   

o    If there is no center serving a region of the State or a
region is underserved, and the increase in the State's allotment
is sufficient to support an additional center, the director of
the designated State unit may award a grant from among eligible
agencies, consistent with the provisions of the Title VII State
plan in terms of the State's design to establish a statewide
network of centers for independent living.

o    In selecting from among eligible agencies in awarding grants
          for new centers, the director of the designated State
unit and the chairperson of, or other individual designated by,
the Statewide Independent Living Council, acting on behalf of and
at the direction of the Council, are to jointly appoint a peer
review committee to rank applications. 

o    The peer review committee is to evaluate applications
against the standards and assurances contained in section 725 of
title VII and criteria established by the director of the
designated State unit and the chairperson of the Council based on
the selection criteria identified in section 723(d)(2)(B).  The
director of the designated State unit is to make awards based on
the recommendations of the committee, if the committee's actions
are consistent with Federal and State law.

o    Centers receiving support for the operation of a center
under part B (or part A as in effect on the day before the date
of enactment of the amendments) are not considered "existing
centers" and are eligible to compete as "new centers."  The
amendments provide the following order of priorities for
allocating funds among centers within a State:

               *    existing centers meeting the standards and
assurances of section 725;

               *    cost-of-living increases for existing
centers; and

               *    new centers.

E.  Review. (Section 723(f))

o    The director of the designated State unit must periodically
review each center to determine if it is in compliance with the
standards and assurances in section 725.

o    If the center is found to be out of compliance, the director
of the designated State unit shall terminate all funds 90 days
after the date the center is notified of its noncompliance or, if
the center requests an appeal to the Commissioner, the date of a
final decision unless the center submits a plan to achieve
compliance within 90 days and such plan is approved by the
director or, if appealed, by the Commissioner.

F.  On-site Compliance Review. (Section 723(g)) 

The director of the designated State unit is to conduct on-site
compliance reviews with a review team that includes at least one
person who is not an employee of the designated State agency, who
has experience in the operation of centers, and who is jointly
selected by the director of the State unit and the chairperson,
or other person designated by the Council, acting on behalf of
and at the direction of the Council.

G.  Adverse Actions. (Section 723(h)) 

If the director of the designated State unit proposes to take a
significant adverse action against a center for independent
living, the center may seek mediation and conciliation by an
individual or individuals, identified by the Council, who are
free of conflicts of interest.  If the issue is not resolved, the
center may appeal to the Commissioner for a final decision.


IV.  Centers for Independent Living Operated by State Agencies.
            (Section 724)

o    For fiscal year 1993, if no nonprofit private agency within
the State submits an acceptable application to operate a center
for independent living and the State directly operated a center
in fiscal year 1992 with funds provided under part B of title
VII, as in effect on the day prior to enactment of the 1992
amendments, the State may apply for a grant under part C, chapter
1 of title VII.  The State must comply with all requirements for
a center other than the center be a private, nonprofit agency. 

o    For fiscal year 1994 and subsequent fiscal years, a State
that received a grant in fiscal year 1993 under part C may
receive a grant if no nonprofit agency receives a grant or funds
are available after funding all approved applications from
nonprofit private agencies under section 722 or 723. 

V.  Standards and Assurances for Centers for Independent Living.
    (Section 725)
          
Centers must comply with the following standards and also must
provide and comply with the following assurances.


     A.Standards for Centers for Independent Living. (Section
725(b))

               *    Promote and practice the independent living
philosophy of consumer control; self-help and self-advocacy;
development of peer relationships and peer role models; and equal
access of individuals with severe disabilities.
    
               *    Provide services to individuals with a range
of severe disabilities on a cross-disability basis and
eligibility for services may not be based on the presence of any
one or more specific severe disabilities.
    
               *    Facilitate the development and achievement of
independent living goals selected by individuals with severe
disabilities.
    
               *    Increase the availability and improve the
quality of community options for independent living in order to
facilitate the development and achievement of independent living
goals by individuals with severe disabilities.
    
               *    Provide independent living core services and,
as appropriate, a combination of any other independent living
services.
    
               *    Conduct activities to increase the capacity
of communities within the service area of the center to meet the
needs of individuals with severe disabilities.
    
               *    Conduct resource development activities to
obtain funding from sources other than chapter 1 of title VII of
the Act.
 
B.  Assurances Which Must be Provided by an Eligible Agency. 
(Section 725 (c))

           *   the applicant is an eligible agency;
    
               *    the center will be designed and operated
within local communities by individuals with disabilities,
including an assurance that the center will have a Board that is
the principal governing body of the center and a majority of
which shall be composed of individuals with severe disabilities;
    
               *    the applicant will comply with the standards
in section 725 of the Act; 
         
               *    the applicant will establish clear priorities
through annual and 3-year program and financial planning
objectives for the center, including overall goals or a mission
for the center, a work plan for achieving the goals or mission,
specific objectives, service priorities, and types of services to
be provided, and a description that is to demonstrate how the
proposed activities of the applicant are consistent with the most
recent 3-year Title VII State plan;
    
     *the applicant will use sound organizational and personnel
assignment practices, including taking affirmative action to
employ and advance in employment qualified individuals with
severe disabilities on the same terms and conditions required
with respect to the employment of individuals with disabilities
under section 503;
    
               *    the applicant will ensure that the majority
of the staff, and individuals in decision-making positions, of
the applicant are individuals with disabilities.
    
               *    the applicant will practice sound fiscal
management, including making arrangements for an annual
independent fiscal audit;
    
               *    the applicant will conduct annual
self-evaluations, prepare an annual report, and maintain records
adequate to measure performance with respect to the standards in
terms of:

                    -    compliance with the standards, 

                    -    the number and types of individuals
served, 

                    -    types of services provided and number of
individuals receiving each type of service,
    
                    -    sources and amounts of funding to
operate the center,

                    -    number of individuals with severe
disabilities employed by the center and the number in management
and decision-making positions, and

                    -    a comparison between the most recent
year and prior years with respect to the activities of the
center.

               *    individuals with severe disabilities who are
seeking or receiving services at the center will be notified by
the center of the existence of, the availability of, and how to
contact the client assistance program;

           *   aggressive outreach regarding services provided
through the center will be conducted in an effort to reach
populations of individuals with severe disabilities that are
unserved or underserved by programs under this title, especially
minority groups and urban and rural populations;

             * staff at centers for independent living will
receive training on how to serve such unserved and underserved
populations, including minority groups and urban and rural
populations;

               *    the center will submit to the Statewide
Independent Living Council a copy of its approved grant
application and its annual report;
    
               *    the center will prepare and submit a report
to the designated State unit or the Commissioner, as the case may
be, at the end of each fiscal year that contains required
information and information regarding the extent to which the
center is in compliance with the standards; and

             * an independent living plan will be developed
unless the individual who would receive services under the plan
signs a waiver stating that such a plan is unnecessary.

VI.  Effective Dates.

The amendments take effect the day of enactment except:

o    Awards made to centers for independent living before October
1, 1992, may be carried out in accordance with the requirements
of law in effect prior to the enactment of the Rehabilitation Act
Amendments of 1992.

o    The provisions related to the Title VII State plan are to be
implemented as soon as practicable after the date of enactment,
consistent with effective and efficient administration, but no
later than October 1, 1993. 



        CHAPTER  2 - INDEPENDENT LIVING SERVICES FOR 
              OLDER INDIVIDUALS WHO ARE BLIND.

A.  Definition of Term "Older Individual Who is Blind". 
    (Section 751)

The term "older individual who is blind" means an individual age
55 or older whose severe visual impairment makes competitive
employment extremely difficult to attain but for whom independent
living goals are feasible.

B.  Program Administration. (Sections 752(a) and (g)) 

o    A grant is made only to a State that submits an approvable
application and identifies, under the State's law, the State
agency for individuals who are blind or other agency that
provides assistance or services to adults who are blind and that
is authorized to provide vocational rehabilitation services to
individuals who are blind as the sole State agency responsible
for the administration of the program of services to older
individuals who are blind.  

o    Services can be provided directly by the State or through
grants with public and nonprofit private agencies or
organizations.

C.  Program Funding. (Section 752(b) and (c))

o    Beginning in fiscal year 1994, for any fiscal year in which
the funds appropriated for the program are less than $13 million,
grants will be discretionary and made on a competitive basis to
States.  

o    When appropriations equal or exceed $13 million, grants will
be made to the States on a formula basis based on the ratio  of
individuals in the State over 55 years of age to the number of
individuals in the United States over 55 years of age, with a
minimum allotment of $225,000 or one-third of one percent of the
funds appropriated, whichever is greater.

o    Of any funds not paid to States because of the failure to
apply for funds or to fully utilize the funds made available, the
Commissioner may make grants to States whose population of older
individuals who are blind has a substantial need for services
relative to the populations in other States of older individuals
who are blind.

D.  Matching Requirements. (Section 752(f))

The Federal share is 90 percent with the non-Federal share either
in cash or in-kind, fairly evaluated, including plant, equipment,
or services. 

E.  Allowable Grant Activities. (Section 752(d))

The Commissioner may not make a grant unless the State agrees
that the grant will be expended only for purposes of:
    
     o    providing independent living services to older
individuals who are blind;
    
o    conducting activities that will improve or expand services
for such individuals; and
o    conducting activities to help improve public understanding
of the problems of such individuals.
 
F.  Services. (Section 752(e))

Independent living services for older individuals who are blind
include:
    
o    services to help correct blindness;

o    provision of eyeglasses and other visual aids;
    
o    provision of services and equipment to assist an individual
to become more mobile and more self-sufficient;
    
o    mobility training, Braille instruction, and other services
and equipment to help an individual adjust to blindness;
    
o    guide services, reader services, and transportation;
    
o    any other appropriate service designed to assist an
individual in coping with daily living activities, including
supportive services or rehabilitation teaching services;      

o    independent living skills training, information and referral
services, peer counseling, and individual advocacy training; and
    
o    other independent living services, as defined in section
7(30) of the Act.

G.   Requirement Related to State Plan. (Section 752(h))

As a condition for the receipt of a grant, the State must agree
to seek to incorporate into the Title VII State plan any new
methods and approaches relating to the provision of services to
older individuals who are blind.


  TITLE VIII - SPECIAL TRAINING AND DEMONSTRATION PROJECTS

I.  Background.

This is a new title under the Act and incorporates a variety of
service demonstration and training project authorities with
specifically identified purposes.  Some of the new project
authorities are required to be funded during the period covered
by the reauthorization, i.e., fiscal years 1993 through 1997,
while others are authorized but not mandated to be funded.  

II.  Funding. (Sections 801, 302(i) and 311(f)) 

One source of support for title VIII projects is funding
appropriated for activities under title III of the Act (Training
and Demonstration Projects) consistent with the provisions of
sections 302(i) and 311(f), which provide the Commissioner the
authority to utilize title III funds to support Title VIII
initiatives. When the title III appropriations for a fiscal year
exceed that of the preceding fiscal year after being adjusted for
inflation, the excess must be treated as if the excess were
appropriated under title VIII.  Another source of funding would
be funds appropriated under section 802 and/or 803.

III.  Demonstration Activities. (Section 802)

A.  Required Projects.

The Commissioner is required to award grants for demonstration
projects dealing with the:

o    provision of transportation services to individuals with
disabilities who are employed or seeking employment, or who are
receiving vocational rehabilitation services and reside in
geographic areas in which regularly scheduled public
transportation or comparable paratransit service is not
available. (It is anticipated that in fiscal year 1993, there
will be a competition for grants under this authority);

o    alternatives to case closure practice through the
identification of appropriate incentives to vocational
rehabilitation counselors to achieve high quality placements for
individuals with the most severe disabilities and of innovative
methods to evaluate the performance of counselors in a manner
consistent with the policy to serve individuals with the most
severe disabilities; and

o    early rehabilitation intervention for working adults
recently determined to have chronic and progressive diseases that
may be severely disabling with a special focus on how such
intervention contributes to job retention or the entry into new
careers and employment.

B.  Authorized Projects

In addition to the demonstration projects required to be funded,
Title VIII provides the authority for the Commissioner to fund
projects dealing with the:

o    transition of individuals with disabilities from medical
facilities to programs providing independent living in the
community living, including services such as personal assistance
services, health maintenance services, counseling, and social and
vocational services;

o    studies to examine the factors that create:

               *    barriers to successful rehabilitation for
individuals with disabilities from minority backgrounds and to
develop strategies to overcome the barriers;

               *    significant underrepresentation of
individuals from minority backgrounds in the rehabilitation
professions and to develop strategies to overcome the
underrepresentation; and

               *    barriers to successful rehabilitation
outcomes for individuals with neurological or other related
disorders, particularly the impact that the episodic nature of
the disability has on eligibility determinations and the
provision of services.

o    studies of VR management and service delivery systems;

o    increased client choice in the rehabilitation process,
including the selection of service providers, with at least 80
percent of the grant award used for direct services specifically
chosen by an eligible client, i.e., an individual with a
disability as defined in section 7(8)(A) who is not currently
receiving services under an IWRP established through a designated
State vocational rehabilitation unit. (It is anticipated that
there will be a fiscal year 1993 competition for grants under
this authority);

o    the development of model personal assistance services
systems and other innovative service programs to maximize the
full inclusion and integration into society, employment, and
independent living of individuals with disabilities;

o    upgrading the skills of workers with disabilities through a
partnership or consortium including private business concerns or
industries to improve the workers' ability to adapt to emerging
technologies, work methods, and markets, and to ensure that such
workers possess the knowledge and skills necessary to compete in
the workplace; and

o    model systems of comprehensive service delivery to
individuals with severe disabilities, other than spinal cord
injuries, which require a multidisciplinary system for the
provision of vocational and other rehabilitation services.

IV.  National Commission. (Section 802(h))

The amendments authorize the Commissioner to establish a National
Commission on Rehabilitation Services.  The Commission is to:

o    study the nature, quality and adequacy of programs
authorized by the Act; 

o    make recommendations to the President and Congress that will
enhance successful employment outcomes, independence, and
integration of individuals with disabilities into the workplace
and community; 

o    have as a majority of its members individuals with
disabilities; and

o    submit interim and final reports containing the results of
its studies and analyses together with its recommendations for
amendments to the Act needed to promote comprehensive vocational
rehabilitation and independent living services. 

V.  Training Activities. (Section 803)

A.   Required Projects

The Commissioner is required during the period covered by the
reauthorization (fiscal years 1993-1997) to award grants for
training projects in the areas of:

     o    distance learning through telecommunications to be
carried out by an eligible institution of higher education, with
consideration afforded to the sparsity of State populations in
the RSA region to be served, for the purpose of developing and
implementing in-service training programs for vocational
rehabilitation professionals through the use of interactive
audio, video, and computer technologies, and

o    training in the use of Braille for personnel providing
vocational rehabilitation or educational services to youth and
adults who are blind. The training projects can include the
development of Braille training materials and pre-service and
in-service training in the use of Braille and methods of teaching
Braille to youth and adults who are blind.

B.  Authorized Projects

In addition to the required training projects, Title VIII
provides the authority for the Commissioner to fund projects
dealing with the:

o    provision of training and information to enable individuals
with disabilities, parents, family members, guardians, advocates,
or other authorized representatives to participate more
effectively with professionals in meeting the rehabilitation
needs of the individuals with disabilities. (It is anticipated
that there will be a fiscal year 1993 competition for grants
under this authority);

o    training of impartial hearing officers to provide them with
the skills necessary to fairly decide appeals under the Act; and

o    development and demonstration of innovative methods to
attract and retain rehabilitation professionals to serve in urban
areas.


----------
MODULE III


_Leadership, Communication Skills and Group Dynamics_






Trainer: John English
Co-Trainer: Kimberly A. Turner
































Leadership in Groups

I.   Misconceptions About Leadership
     
     A.   To lead is to control

     B.   Some are born to lead

     C.   There is a teachable formula for leadership

     D.   Leadership is the answer

II.  What Determines Who Will Lead?

     A.   Physical characteristics

     B.   Gender

     C.   Intelligence

     D.   Personality traits

     E.   Participation rates

III. What Determines If A Leader Will Be Effective?

     A.   Motivational style

     B.   Situational control

     C.   Theories of leadership

     D.   Conclusions 


Communication Skills and Effective Techniques

I.   What is Communication?

     A.   Communication is the exchange of ideas, messages, or
information

     B.   Complete communication is a process

     C.   Communication is Who says What to Whom, Why, and How?

II.  What are the Required Mechanisms of Communication?

     A.   Message

     B.   Sender

     C.   Receiver

     D.   Encoder

     E.   Decoder

III. Why Do We Communicate?

     A.   To obtain or give information, assistance, or service

     B.   To explain a process, direct or instruct

     C.   To give or receive feedback

IV.  What Are The Five C's of Effective Communication?

     A.   Clear - Systematically analyzing a problem or idea to
be communicated isthe first step toward effective communication. 
Good planning considersthe goals and attitudes of those who will
receive the communication andhow they will be affected by it

     B.   Complete - Communication must reflect the sender's
attention to detail.This means checking and verifying all the
facts, presenting the message inan understandable medium, and
ensuring that all the necessaryinformation is included

     C.   Concise - In composing information to be transmitted
through any type ofmedium, it becomes important to choose the
right words and to simplifythe message. Communication reflects
the tone and attitudes of the sender
     D.   Correct - Effective messages contain accurate
information, follow standardlanguage conventions (such as correct
spelling and pronunciation), andare free of error

     E.   Courteous - Communication that reflects the positive
tone and attitude ofthe sender is most effective

V.   Possible Barriers To Effective Communication

     A.   Since so many possibilities for misunderstanding exist,
the communicatormust have a firm grasp of the mechanisms of the
communication process.The message is never independent of the
medium chosen tocommunicate it.  It is never received in quite
the same manner that thesender intended.  Usually the message
sent and the message receivedare similar enough to permit
understanding, despite interferences that mayoccur.

     B.   Barriers to effective communication can begin with the
sender.  His or herpersonal motives, prejudices, and psychology
may alter the message.The manner in which the message is encoded
is affected by the way thesender perceives the situation. The
sender must be aware that this samesituation may be perceived
differently by the receiver.  The sender'sthinking may be poorly
organized, the message may include too much ortoo little
information, or the grammar or sentence structure may beunclear.

     C.   What Are Some Possible Receiver Barriers?

          1.   Emotional Blocks:   Little or none of the message
comes through tothe receiver.  The receiver hears all messages
only in reference tohis or her own needs and cannot hear messages
that do not relateto his or her own interest. 

          2.   Hostility: Hostility may arise because the
receiver is angry withthe sender of the message, or nature of the
subject matter itselfarouses hostility.  In either case the
message sent is not oftenreceived.

          3.   Hidden Agendas: These are present when people
bring ulteriormotives to the interactions.  One team member may
reject theideas of a second team member because the member feels
it is tohis or her competitive advantage to do so.


          4.   Defensiveness: A team member's insecurity may
distort asimple question into an accusation, and he or she may
justify acertain behavior as a protection against the perceived
attack.

          5.   Personal Ideas And Beliefs: If the receiver holds
strong viewson a subject, he or she will ignore the sender's
point of view andconcentrate on imposing his or her views on the
sender.  In theprocess, the original message is lost.

          6.   Position or Status:  A person may feel threatened
by thesupervisor or leader simply because of the difference
between theirpositions.  This can prevent the worker from
conveying his or hermessage.  Such barriers also occur
oppositely.  These barriers areoften a matter of perception, that
is, how the worker perceives whatis said, rather than what is
said.

          7.   Simple Inarticulateness: Due to a verbal
deficiency, the sendermay distort or translate ineffectively the
true message which wasintended to be sent.  If the sender is
unaware of his or herdeficiency, the message may become totally
lost or misconstruedby the receiver, and a barrier will be
created.

          8.   Physical Environment: This can create conditions
that hindercommunication.  A hot stuffy room with poor air
circulation is notconducive to effective message sending and
receiving.  Also aperson's physical state at the time may be
distracting him or herfrom either sending a clear message or
hearing the message beingsent.

     D.   What Are Some Possible Sender Barriers?

          1.   Making hasty judgements
          2.   Being too general
          3.   Interrupting
          4.   Mishandling not being understood
          5.   Talking too much
          6.   Being too bossy
          7.   Talking down to people
          8.   Asking leading questions
          9.   Being sarcastic
          10.  Arguing
          11.  Emphasizing
          12.  Having poor listening habits



VI.  Active Listening Techniques

     A.   Active listening is when the listener takes an active
responsibility inunderstanding the feeling and content of what is
being said.  He or shecan respond with a statement, in his or her
own words, of what he or shefeels the sender's message means.

     B.   Active Listening allows people to paraphrase,
emphasize, reflect feelings,test accuracy of inferences, and
check assumptions to produce clearerand more effective
communication with each other.

     C.   It is not simply repeating words; it involves empathy
for the sender's pointof view.

     D.   It can lead to acceptance and trust when people
communicate, as well asfacilitate problem solving.

     E.   It is not intended as a way to manipulate people to
think as others believethey should.

     F.   Some Active Listening Techniques

          1.   Reflection
               a.   Of feelings - allows one to express one's own
observationsand perceptions of another's feelings ("You seem
angry.""You look sad."  "You look as if that made you happy." 
               b.   Of content - allows one to acknowledge one's
attention andrestate what the other has said ("So you were tired
ofreading, then you started talking on the phone.")

          2.   Clarification
               a.   Paraphrase - Allows the listener to verify
understanding byrephrasing the speakers words (You did O.K. - is
that right?)
               b.   Check assumptions - should be used with
paraphrasing.

          3.   Use of attending behaviors
               a.   Attentive body language - Sitting forward,
using eye contact,and avoiding extensive fidgeting are examples
of attendingbehavior.
               b.   Continuers - Allows the listener to avoid
taking sides and toremain neutral ("Yes, un-huh, oh, I see?)
               c.   Periodic Summarizing - allows the listener to
pull together allprevious remarks, checks accuracy, and also
allows fortransition.

          4.   Showing _ownerships and understanding of the
problem
               a.   Send _I_ messages rather than _you_ messages
               b.   Describe behavior

Giving and Receiving Feedback

I.   What is feedback?

     A.   Feedback is communicating our thoughts and feelings
about another person_s behavior to that person

     B.   Feedback can be positive or negative
     
     C.   Feedback is not expressing irritation, passing
judgements, putting down
      
II.  Why is feedback important?

     A.   Feedback can increase motivation

     B.   Feedback lets us know how to improve
     
     C.   Feedback is one way we can deal with our personal
reactions towards behaviors of others that are conducive or
disruptive to getting the job done

     D.   Feedback helps to clarify our feelings towards the
people we work with
     
     E.   Feedback helps us to see how others see us, and how our
behavior affects others

III. Guidelines for Giving Feedback

     A.   Before giving feedback

          1.   Check you motivation: Is your purpose to help or
to hurt?
          2.   Be observant of the receiver: Is she/he ready to
hear you?

     B.   Always start with positive feedback

     C.   During feedback
     
          1.   Use _I_ statements
          2.   Describe your feelings and reactions
          3.   Describe the other person_s behavior; be specific
; when, where, how

     D.   After feedback
          1.   Check receiver_s understanding
          2.   Give time to respond, answer questions, offer
support
IV.  Guidelines for Receiving Feedback

     A.   Be aware that the person giving you feedback is
describing his or her perception

     B.   Receive it with an open mind

     C.   Check your understanding of the feedback; ask questions
or request examples

     D.   Share reactions to the feedback

Group Dynamics And Effective Techniques

I.   What is a group?

     A.   A number of individuals

     B.   This number is related by common factors
     
II.  When and how do groups form?

     A.   Survival needs

     B.   Psychological needs

     C.   Informational needs

     D.   Interpersonal needs

     E.   Collective needs

     G.   Group goals     


III. What are the major ingredients in all of our group
interactions?

     A.   Task

     B.   Process

IV.  How do we observe process functions in  group?

     A.   Participation
          1.   Who are the active participants?
          2.   Who are the inactive participants?
          3.   Who talks to whom?  Do you see any reason for this
in the group_s interaction?

     B.   Influence
          1.   Which members carry a lot of influence?
          2.   Which members are not very influential?
          3.    Is there a struggle for leadership?
          4.   What effect does it have on other group members?
     

     C.   Styles of Influence
          1.   Autocratic
          2.   Peacemaker
          3.   Laissez faire
          4.   Democratic

     D.   Decision-Making Procedures
          1.   Stand alone
          2.   Consensus


V.   How do we observe task function in a group?
     1.   Questions about the task are being posed
     2.   Summarization is periodically taking place
     3.   Someone is keeping the group on target


VI.  What are some preventative maintenance checks?
     1.   Watch the gate for:
          a.   Gate openers
          b.   Gate closers
          c.   Non-listeners
          d.   Rejection methods

VII. How do we define group atmosphere? 
     1.   How conflict is handled
     2.   How member treat each other
     3.   How tasks are handled

VIII.Critical membership issues 
     1.   Look for cliques
     2.   "Read" body language
     3.   Observe feelings
     4.   Interpret Norms

IX.  Summary
     These are aspects of a group's dynamics.  An intact group
needs to have aneffective process to be productive on their task. 
A facilitator will feedback to thegroup what he or she observes
it happening in the group if the members do notseem to deal
openly with their own process issues. The more capable a
groupbecomes in managing its own dynamics and selecting the best
methods (the howdecisions) to do its task work (the what), the
more productive the group will be.
























EXERCISES


Exercise One
Getting Acquainted



Team up with a participant you do not know well, if at all. 
Interview each other.  Find out at least one skill or technique
this person would like to get from this training.  Find out one
thing about this person that nobody knows that is O.K. to share
with the group.



Exercise Two
Leadership Exercise
Success or Failure?



Record an _S_ in front of each statement if you think the
individual is a success.

Record an _F_ in front of each statement in which you think the
individual was a failure.

____1.    Ran for political office seven times and was defeated
each time.

____2.    In writing a book he was rejected by every major
publishing company in New York, including Harper and Row, Random
House and others.

____3.    Wanted to be a leader.  Was one of 35 who ran for
president of his freshman class in college and was eliminated on
the first ballot.

____4.    Wanted to be a military leader or a great statesman and
failed three times on his exams to enter a military academy.

____5.    As a boy had 24 brothers and sisters.  His mother
deserted the family when he was five.  His father drank heavily. 
He lived in poverty. The children were put into foster homes. 
When he was seven he ran away seven times in one year.  He was
sent to reform school.


----------
MODULE IV

_Disability Awareness and Cultural Sensitivity_





Trainer: Dan Hopkins
Co-Trainers: Nydia Davis, Alex Lugo





Module IV



Goal:  To Familiarize participants with issues and concerns
around cultural diversity and to develop skills and techniques
for dealing with the challenges of diversity.

Objectives:  By the end of this module participants will:

a.   be aware of the impact of culture on their lives;

b.   know the different elements of diversity;

c.   be knowledgeable of the different components ofcultural
competence;

d.   be able to utilize a variety of techniques when workingin
multi-cultural communities;

e.   more effectively advocate for individuals withdisabilities.





While you are on the journey to valuing cultural diversity
remember this:


Just a Thought



You and I_

We meet as strangers, each carrying a mystery

within us. I cannot say who you are.

I may never know you completely.

But I trust that you are a person in your own

right, possessed of a beauty and value that are

the Earth's richest treasures.

So I make this promise to you:

I will impose no identities upon you, but will

invite you to become yourself

without shame or fear.

I will hold open a space for you in the world and

allow your right to fill it with an authentic

vocation and purpose. For as long as your search

takes, you have my loyalty.

CULTURAL WORDS AND DEFINITIONS


CULTURE - A body of learned beliefs, traditions, principles and
guides for behavior that are shared among members of an
identifiable group.

PREJUDICE - An attitude, opinion, or feeling formed without
adequate prior knowledge, thought or reason.

RACISM - Prejudice or bigotry by one ethnic group over another,
with one group using its political, social economic or religious
power to keep another group at a disadvantage.

Racism is Prejudice + Power.

INTERNALIZED OPPRESSION - A subconscious belief in negative
stereotypes about one's group that results in an attempt to
fulfill those stereotypes and a projection of those stereotypes
onto other members of that group.

MULTICULTURALISM - The recognition and acknowledgement that the
United States is a pluralistic society in terms of ethnicity,
sexual orientation, geography, religion, gender and class.

SEXISM - The belief in the inherent superiority of one sex over
the other and thereby the right to dominance.

CULTURAL SENSITIVITY - A life-long learning process of becoming
aware of feelings and values held by others whose cultures are
different from your own.

STEREOTYPE - A generalization of characteristics, beliefs, and
behaviors that is applied to all people of a particular cultural
group.

ETHNOCENTRIC - Believing one's own group is superior to others.

XENOPHOBIA - Fear or hatred of strangers.



----------
MODULE V


_Building and Presenting A Program to My
Community, Constituents, and Local Organizations_






Trainer: John English
Co-Trainer: Kimberly A. Turner





























I.   Components of a Training Program

     A.   What are some components of a good training program?

          1.   Focused on core competencies

          2.   Takes advantage of the latest technology

          3.   Conducted with the least administration possible

II.  How do you do you tailor/focus training for your audience?

          1.   Needs assessments

          2.   Get goals pre-defined

          3.   Conduct a focus group
     
          4.   Form an advisory committee

III. Resources:  Where do you go for help?

          1.   Your audience

          2.   People in the field

          3.   Consultants

IV.  How do you market your program?

          1.   Make it available

          2.   Make it accessible

          3.   Make it meaningful

V.   What are some logistical considerations?

          1.   Time

          2.   Space

          3.   Price
          

VI.  Five Critical Steps In Getting Started

          1.   Organize an advisory group

          2.   Organize focus group activity

          3.   Gather information

          4.   Design and conduct advocacy and education

          5.   Develop community awareness

          6.   Place minority persons with disabilities and their
families on community boards and advisory groups



----------
MODULE VI

_Developing and Soliciting Grants_





Trainer: Dan Hopkins
Co-Trainers: Delores Watkins, Nydia Davis





Module VI



Goal:  To develop or enhance the trainees_ knowledge or expertise
in the practices and techniques necessary to locate, apply,
solicit, and acquire funding through grants and other contract
programs administered by the Federal Government or other funding
entities, with a focus on establishing local or regional
partnerships that are able to collaboratively support the scope
of work in the grant or contract.

Objectives:  At the end of this module trainees will:

a.   be able to locate and read the federal register;

c.   be able to identify different parts of a grant
applicationkit;

d.   be able to name various components for inclusion in agrant
application;

e.   know the relative importance of the components ofparts of a
grant application. 

f.   understand (if possible) the peer review process;

g.   be able to identify non-federal funding sources;

h.   be familiar with some techniques for buildingcollaborative
relationships with entities that are able toassist them in
accomplishing a scope of work.

----------
End of Document


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