Executive Order  No. 636: Reaffirming and Reconstituting a State Rehabilitation Advisory Council for the Massachusetts Commission for the Blind

WHEREAS, the provision of comprehensive and coordinated state-of-the-art vocational rehabilitation services can enable individuals who are blind to pursue meaningful careers by securing gainful employment commensurate with their abilities and capacities;

WHEREAS, the Commonwealth, through the Massachusetts Commission for the Blind, provides comprehensive vocational rehabilitation services to individuals who are blind through the state-federal programs authorized by the federal Rehabilitation Act of 1973, as amended (the “Rehabilitation Act”);

WHEREAS, the Massachusetts Commission for the Blind supports individuals in Massachusetts who are legally blind by providing access to employment opportunities and social rehabilitation with the goal of increasing independence and full community participation and as such is the State agency designated to provide services established pursuant to the Rehabilitation Act to persons who are blind;

WHEREAS, individuals who are blind and their advocates play a regular and meaningful role in policy development and program implementation that support the provisions of the Rehabilitation Act;

NOW, THEREFORE, I, Maura T. Healey, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution, Part 2, c. 2, § 1, Art. 1, do hereby revoke and rescind Executive Order No. 598 and order as follows:

Section 1.   Reestablishing the Council  

A State Rehabilitation Council (“Council”) for the Massachusetts Commission for the Blind is hereby established to participate in advising the Commission regarding its responsibilities for the provision of vocational rehabilitation services for persons who are blind, in compliance with the requirements of the Rehabilitation Act.

Section 2.   Composition of the Council

(A)  The Council is established within the Massachusetts Commission for the Blind.

The Council shall consist of at least 15 members appointed by the Governor.

(B)  The Governor shall make appointments to the Council after soliciting recommendations from representatives of organizations representing a broad range of individuals who are blind and organizations interested in and supportive of individuals who are blind. The members of the Council shall reflect a diversity of perspectives and backgrounds, enjoy the respect of organizations representing or supporting a broad range of individuals who are blind, equitably represent communities of color and historically underrepresented populations, and be representative of the geographic diversity of the Commonwealth.  A majority of the Council members shall be individuals who are blind and who are not employed by the Massachusetts Commission for the Blind.

The Council members shall include:

(1) at least one representative of the Statewide Independent Living Council (“SILC”) established under 29 U.S.C. § 796d, who must be the chairperson or other designee of the SILC;

(2) at least one representative of a parent training and information center established pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1471;

(3) at least one representative of the Client Assistance Program established under the Rehabilitation Act, 29 U.S.C. § 732, who must be the director of, or otherwise recommended by the Client Assistance Program;

(4) at least one qualified vocational rehabilitation counselor with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex officio, nonvoting member of the Council if employed by the Massachusetts Commission for the Blind;

(5) at least one representative of community rehabilitation service providers;

(6) four representatives of business, labor, and industry;

(7) at least one representative of a disability advocacy group representing individuals who are blind;

(8) at least one representative of an individual who is blind, has multiple disabilities, and has difficulty representing themselves or is unable due to disabilities to represent themselves;

(9) at least one current or former applicant for, or recipient of, vocational rehabilitation services;

(10) at least one representative of the Department of Elementary and Secondary Education or any successor agency responsible for the public education of students with disabilities;  

(11) at least one representative of the State Workforce Development Board established pursuant to G.L. c. 23H, § 7; and

(12) the Commissioner of the Massachusetts Commission for the Blind, who shall serve as an ex officio, nonvoting member of the Council and who shall not be subject to a term limit.

(C) If a federal- or state-recognized Indian Tribe located within the Commonwealth carries out projects funded under Section 121 of the Rehabilitation Act, at least one representative of the projects shall serve as a voting member.

(D)  Terms of Appointment.

(1) Each member of the Council shall serve for a term of not more than three years.

(2) No member of the Council may serve for more than two consecutive full terms except that this limitation shall not apply to (i) the member appointed to represent the Client Assistance Program, or (ii) any member appointed to represent the projects carried out by a federal- or state-recognized Indian Tribe located within the Commonwealth that is funded under Section 121 of the Rehabilitation Act. Service under Executive Order 598 shall count toward these term limits without exception or limitation.

(3) A member appointed to fill a vacancy occurring prior to the expiration of a predecessor’s term shall be appointed for the remainder of such term.

(4) In order to provide for staggered terms, in which each year approximately one-third of the members’ terms expire, the Governor may appoint members to less than a three-year term.

(E)  Quorum and Vacancies.

(1) Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment.

(2) A quorum of the Council shall be a majority of the voting and ex officio members then serving on the Council.

(3) No vacancy shall affect the power of the Council to execute the duties of the Council.

Section 3.   Administrative Matters

(A)  The Council shall select a chair from among its voting members.

(B)  The Council shall convene at least four (4) meetings a year and conduct such forums or hearings as the Council considers appropriate.  All meetings of the Council shall be conducted in conformity with the requirements of the Massachusetts Open Meeting Law, G. L. c. 30A, §§ 18-25.

(C)  Members of the Council shall be subject to and abide by the provisions of the Massachusetts conflict of interest law, chapter 268A.

(D)  The Massachusetts Commission for the Blind is authorized and directed to provide administrative support to assist the Council in executing its functions.  Council members shall serve without compensation but may be reimbursed for their reasonable and necessary expenses as provided for in the Rehabilitation Act and subject to the annual appropriation and allocation of federal funds in conjunction with any annual contribution by the Commonwealth.

Section 4.   Duties

The Council shall have the following duties and responsibilities:        

(A)  Advise the Massachusetts Commission for the Blind regarding the performance of its responsibilities for administering a vocational rehabilitation program under Title I of the Rehabilitation Act, particularly with respect to its responsibilities relating to: (i) eligibility and order of selection; and (ii) the extent, scope, and effectiveness of vocational rehabilitation services provided;

(B)  Advise the Massachusetts Commission for the Blind concerning the functions performed by state agencies that affect the ability of individuals who are blind to achieve vocational rehabilitation goals and objectives;

(C) Advise the Massachusetts Commission for the Blind concerning: (i) the preparation of grant applications; (ii) the state plan for vocational rehabilitation services and amendments thereto; and (iii) reports, needs assessments and evaluations required by Title I of the Rehabilitation Act;

(D)   Evaluate the effectiveness of the vocational rehabilitation program and, in partnership with the Massachusetts Commission for the Blind, develop, agree to, and review State goals and priorities for the vocational rehabilitation program in accordance with 29 U.S.C. § 721(a)(15)(C);

(E)  To the extent feasible, conduct a review and analysis of the effectiveness of and consumer satisfaction with: (i) the functions performed by the Massachusetts Commission for the Blind; (ii) vocational rehabilitation services and functions performed by State agencies and other public and private entities responsible for providing vocational rehabilitation services to persons who are blind, and (iii) employment outcomes achieved by eligible individuals receiving vocational rehabilitation services, including the availability of health and other employment benefits in connection with those employment outcomes;

(F) Prepare and submit an annual report to the Governor and the Secretary of the Executive Office of Health and Human Services on the status of vocational rehabilitation programs operated within Massachusetts and make the report available to the public;

(G)  To avoid duplication of efforts and enhance the number of individuals served, coordinate with other organizations within Massachusetts that plan or oversee the provision of services for persons who are blind, including the Statewide Independent Living Council established under Title VII of the Rehabilitation Act, the advisory panel established under the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(20), the Massachusetts Developmental Disabilities Council established under 42 U.S.C. § 15025, the Massachusetts Mental Health Planning Council established under 42 U.S.C. § 300x–3(a), the State workforce development board established pursuant to G. L. c. 23H, § 7, and entities operating programs under the Assistive Technology Act of 1998, 29 U.S.C. § 3001 et seq.;

(H) Advise the Massachusetts Commission for the Blind concerning coordination and establishment of working relationships between the Commission and the Statewide Independent Living Council and centers for independent living within Massachusetts; and

(I)  Perform other functions, comparable to those outlined above, consistent with the purpose of the State Vocational Rehabilitation Services Program and as the Council determines to be appropriate.