45.21 - New York State interagency coordinating council for services to persons who are deaf, deaf-blind, or hard of hearing.

§ 45.21. New York State interagency coordinating council for services to  persons who are deaf, deaf-blind, or hard of hearing.    1.  Subject to an appropriation, the commission shall have the central  responsibility for administering the  provisions  of  this  section  and  otherwise   coordinating   the   activities  of  the  state  interagency  coordinating council for services to persons who are  deaf,  deaf-blind,  or  hard  of  hearing with respect to serving residents of the state who  are deaf, deaf-blind, or hard  of  hearing,  in  consultation  with  the  office  of  children  and family services, the office for the aging, the  public service commission, the department of health, the  department  of  labor,  the  department  of  education,  and  other  state  agencies  as  appropriate. The council shall meet a minimum of three times a year.    2. The following definitions describe the  functional  characteristics  of persons who are deaf, deaf-blind, or hard of hearing, as used in this  section.    (a)  Deaf.  Describes persons who have a profound hearing loss and who  primarily rely on visual communication, such as sign language,  writing,  lip  reading,  and  gestures,  which  may  be  used  exclusively  or  in  combination. Such persons generally use a form of American sign language  as their primary mode of communication. In addition, there is a group of  profoundly deaf individuals who communicate  orally  and  may  use  sign  language  to support their understanding of the spoken language. Hearing  aids and  other  assistive  technology  may  also  be  used  to  aid  in  communication.    (b)  Deaf-blind.  An  individual with a concomitant hearing and visual  impairment, the combination of which causes  such  severe  communication  and  other  developmental  and  educational problems that the individual  cannot be accommodated in programs for individuals who are  solely  deaf  or blind.    (c)  Hard  of  hearing.  A  hard  of  hearing person is someone with a  measurable hearing  loss  and  who  self-identifies  as  being  hard  of  hearing,  although  audiologically he or she may have a profound hearing  loss. Additionally, this person  typically  uses  his  or  her  residual  hearing,   speech  and  speech  reading  skills,  and  hearing  aids  to  communicate; he or she  may  rely  on  assistive  listening  devices  to  augment his or her ability to hear and speak.    3.  Subject  to  an  appropriation,  the  commission  shall  have  the  following powers and duties:    (a) To coordinate the activities of the state interagency coordinating  council and to  promote,  in  cooperation  with  the  appropriate  state  agencies,  the  implementation  of  a comprehensive statewide program of  coordinated services for persons who are deaf, deaf-blind,  or  hard  of  hearing  that  includes  educational,  medical, housing, transportation,  technology  supports,  personal  care,  family  supports,  day   program  services, and other essential services that maximizes existing resources  and administrative mechanisms to address issues and legal obligations.    (b) To maintain data on the incidence of deafness, deaf-blindness, and  other hearing loss.    (c)  To serve as a clearinghouse for information on services available  to persons who are deaf, deaf-blind, or hard of hearing, including,  but  not   limited   to,   resources   that   support   the  development  and  implementation of community-based services and rehabilitation.    (d) To disseminate general information  on  deafness  and  the  unique  communication  needs  of  persons  who are deaf, deaf-blind, and hard of  hearing, and to  inform  the  deaf,  deaf-blind,  and  hard  of  hearing  communities  about  available  services  and  how  such  services can be  accessed.(e) To receive complaints in matters affecting the  deaf,  deaf-blind,  or  hard  of  hearing  communities  and  to refer such complaints to the  appropriate regulatory agencies where it deems necessary or appropriate.    (f)  To  conduct  an  ongoing  evaluation  of  the  needs of the deaf,  deaf-blind, and hard of hearing communities, including technology needs.    (g) To report to the  governor  and  the  legislature,  on  or  before  November  first of each year, beginning in two thousand nine, on matters  which shall include, but not be limited to:    (i) the status of current efforts to  achieve  the  purposes  of  this  section, which will be updated in subsequent reports;    (ii)   recommendations   for   standards,  policies,  procedures,  and  strategies  necessary  to   assure   communication   accessibility   and  community-based services, including needed statutory revisions; and    (iii) in the third annual report, due on or before November first, two  thousand  eleven,  recommendations  for a uniform statewide approach for  the development and  implementation  of  a  comprehensive  continuum  of  services,   with   primary  emphasis  on  community-based  services  and  communication accessibility, which shall include but not be limited  to:  the   development   of  coordinated  linkages  among  various  agencies,  programs, consumers, and  providers;  recommendations  as  to  how  such  programs  and  services  are  to be funded, including how the commission  and, as appropriate, other state agencies, will, to the extent feasible,  utilize existing organizations with demonstrated interest  or  expertise  in  serving  persons who are deaf, deaf-blind, or hard of hearing in the  provision of such programs and services and  the  method  by  which  the  development  of  new  providers  will  be encouraged; and the evaluation  criteria and expected outcomes of the coordinated services  provided  to  persons who are deaf, deaf-blind, or hard of hearing and their families.    4.(a)  Subject to an appropriation, the state interagency coordinating  council for services to persons who are deaf,  deaf-blind,  or  hard  of  hearing is hereby established and shall consist of the following persons  to be appointed by the governor:    (i)  seven  agency  heads  or their designees, acting in an ex-officio  capacity: the chair of the commission, who shall serve as the  chair  of  the  state  interagency  coordinating  council,  the commissioner of the  office of children and family services, the director of the  office  for  aging,  the  chair of the public service commission, the commissioner of  health, the commissioner of labor, and the commissioner of education;    (ii) six persons who are residents of New York state and who shall  be  persons  who are deaf, deaf-blind, or hard of hearing, one of whom shall  be appointed on the nomination of the temporary president of the senate,  one of whom shall be appointed on the nomination of the speaker  of  the  assembly,  one  of  whom  shall  be  appointed  on the nomination of the  minority leader of the senate, and one of whom shall be appointed on the  nomination of the minority leader of the assembly; and    (iii) two persons who are residents of New  York  state  and  who  are  representatives  of  the  public  and  have a demonstrated expertise and  interest in the needs of persons who are deaf, deaf-blind,  or  hard  of  hearing.    (b)  Of the eight persons appointed pursuant to subparagraphs (ii) and  (iii) of paragraph (a) of this subdivision, two shall serve for  a  term  of  one  year,  two  shall  serve for a term of two years, and two shall  serve for a  term  of  three  years,  as  determined  by  the  governor.  Subsequent  appointments upon the expiration of term shall be for a term  of three years and shall be filled in the same manner  as  the  original  appointment.    (c)  The  eight  members of the state interagency coordinating council  described in subparagraphs (ii) and  (iii)  of  paragraph  (a)  of  thissubdivision  shall receive no compensation for their services, but shall  be  allowed  their  actual  and  necessary  expenses  incurred  in   the  performance  of  their  duties  pursuant to this section, subject to the  approval of the commission.    5.  Subject  to  an  appropriation,  the state interageny coordinating  council is charged with recommending long  range  strategic  objectives,  goals,  and priorities for promoting the availability of a comprehensive  statewide program of coordinated services  for  persons  who  are  deaf,  deaf-blind,  or  hard of hearing that is consistent with subdivision one  of  this  section.  It  shall  also  provide  advice  on  the  planning,  coordination,   and  development  of  needed  services  and  technology,  including the manner in which such services shall be funded or otherwise  supported.