Florida Department of Education: Division of Blind Services

There are many important services that are run through the state department of education – in any given state. The Florida Department of Education, for example, runs a Division of Blind Services, as well as services for other disabled individuals and groups within the state. It is a very important organization for disabled individuals and the Division of Blind Services takes legal action to help these disabled citizens to live happily, fulfilled lives through their many complex processes and services.

Purpose

The Florida Department of Education’s Division of Blind Services provides many important services for disabled individuals in the state of Florida. The mission statement of the Florida Division of Blind Services is “to ensure blind and visually-impaired Floridians have the tools, support and opportunity to achieve success” (Florida Division of Blind Services [Education], 2014). Their vision statement reads: “in partnership with others, create a barrier-free environment in the lives of Floridians with visual disabilities” (Florida Division of Blind Services [Education], 2014). These organizations provide a lot of services and opportunities to the disabled students in their communities, and it goes far beyond legal proceedings of hearings and decision making. There are many great things that the DBS provides.

This organization has a rich history of providing services to people who are blind or have a severe visual impairment, as well as to those who find it difficult to read regular print in books and other reading material. “Persons of all ages living in Florida who are blind or who require alternative reading materials may benefit from the agency’s services” (Florida Coordinating Council for the Deaf and Hard of Hearing, 2014). There are 12 district offices, as well as the Division’s Orientation and Adjustment Center for the Blind, and local rehabilitation community centers. They also support independent living programs and centers for blind and visually impaired individuals in the state of Florida.

The Division of Blind Services also works with the Bureau of Braille and Talking Books Library for more than 31,000 people in the state of Florida, who need non-traditional reading materials due to visual, physical or reading disabilities. “It is the largest library of its kind in the U.S., with a collection of more than 2.4 million items in Braille and audio format, and annual loans exceeding 1.99 million items” ("Bureau of Braille,” 2014). The talking library services are a large part of the Division of Blind Services and its services are an important part of the community. In 2007, the DBS received the Florida Sterling Council’s Governor’s Sterling Award for “decisiveness, responsive to challenge, innovation, maximum efficiency, reliability, confident use of advanced technology, quick action, flexibility, a collaborative approach, integrity, and pride” (Florida Sterling Council, 2007).

The United States Department of Education, in 2010, announced that it would be awarding more than $5.6 million in grants that would support the professional development of staff in divisions like the DBS and the Florida Department of Education in order to provide services that would lead to employment to those who are disabled (Bradshaw, 2010).

‘These funds are aimed at helping Americans with disabilities find employment,’ said `U.S. Secretary of Education Arne Duncan. ‘Improving the job skills of persons with disabilities is an investment in their future — and in the country's economic future’ (Bradshaw, 2010).

The Florida Department of Education’s Division of Blind Services has a very important purpose within the community. Its services ensure that each and every person, despite any physical, visual or educational disability, gets a fair chance at living a fulfilling life with stable employment and education.

Enabling Legislation

Legally, disabled Americans have just as many rights as their fellow citizens, and enjoy freedom from discrimination due to their disabilities. The Americans with Disabilities Act (ADA) set out to establish a clear and comprehensive prohibition on the basis of disability (1990). Section 2, part a, number 8 of Title V under the Americans with Disabilities Act says: “the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals” (1990). The Florida Division of Blind Services, and the Florida Department of Education, works hard to ensure that disabled citizens in their communities receive education, job training and are allowed as much independence as they desire.

As well, the Bureau for Braille is protected under Title 36 of the Code of Federal Regulations. It allows loans of library materials for blind or other physically handicapped persons (Title 36, 1981). The program is in connection with “the Library's program of service under the act of March 3, 1931 (46 Stat. 1487), as amended, it's National Library Service for the Blind and Physically Handicapped provides books in raised characters (braille), on sound reproduction recordings, or in any other form, under regulations established by the Librarian of Congress” (1981). The Library in question is the Library in Congress, and this Federal Regulation ensures the production and distribution of braille material and other materials for the visually impaired.

The Rehabilitation Act of 1973, as amended, was passed to ensure the rights of Disabled Americans. One of its primary purposes is as follows:

“to ensure that the Federal Government plays a leadership role in promoting the employment of individuals with disabilities, especially individuals with significant disabilities, and in assisting States and providers of services in fulfilling the aspirations of such individuals with disabilities for meaningful and gainful employment and independent living” (Rehabilitation Act, 1973).

Section 2 of the act also notes that the United States Congress finds that all disabled Americans “enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society” (Rehabilitation Act, 1973). Disabled Americans’ rights are protected under the law, as is the ability to ensure that they are allowed facilities that cater to their steps to become more independent in their lives, jobs, and educational careers.

Due Process Procedures

Due process means that there is a legal requirement to respect and uphold all of the rights that a person has under the law. The Division of Blind Services makes sure that each student who qualifies for the services that they provide, and the services provided to them by the Florida Department of Education, get a fair arrangement. If they need mediation or an appeal, the Division of Blind Services makes sure that this happens fairly.

An eligible student has the right to pursue mediation with respect to any decision that has been made regarding services received by the Division of Blind for Blind Services. This process is strictly voluntary, and cannot be used to delay or deny the student’s right to a formal hearing. The mediation will be conducted by an impartial party, a mediator who will be trained in “effective mediation techniques… the cost of mediation is the sole responsibility of DBS” (Division Policy, 2013). This is a good foreshadowing of both discretionary and judiciary authority within the organization.

Each student has a representative at the Division of Blind Services, and the representative has the authority to settle so that the client’s demands are met, without any further consultation on the matter. There is also allowance for mediation, which has to be scheduled within 45 days of the original written request. The student must submit a request for mediation within 30 days of the date of the decision regarding their services. This will be turned into the Bureau Chief of Client Services and Program Support. Mediation agreements are settled at this point. Discussions that take place during mediation are purely confidential, of course, and are not used as evidence in any sort of proceedings regarding the student’s received services. To make sure of this, both sides sign an agreement stating such. Also, there will be no extensions unless agreed upon by the student’s representative (Division Policy, 2013).

Each review is conducted, and the decisions are written up, all within a certain time period. An informal review process cannot delay an actual hearing unless the student’s representative agrees upon such a decision. All of this information – hearings, mediations, and reviews – will be included in the student’s file (Division Policy, 2013).This representation could be detrimental to the student’s case and the services that they receive, and the rules regarding representative approval are important to the process.

Rulemaking Authority

Generally, the rule-making authority of an organization is the process by which it creates and upholds the rules of said organization. The Florida Department of Education’s Division of Blind Services holds certain responsibilities and rule-making authority for the state of Florida. Some students who are blind or visually impaired have what is called an Individualized Education Program (IEP) provided by their local school systems. These students are provided rights under IDEA, the Individuals with Disabilities Education Act. Rehabilitation specialists inform parents of the rights of their children and students about which services they will be receiving. The Advocacy Center could provide information regarding the rights of all disabled school-age children (Review, 2008). The core of the rule-making authority of the DBS means caring for each student to preserve their personal needs.

Under this, the Division of Blind Services does suspend, terminate or reduce any services that are provided by a student’s Individual Plan of Services (IPS), or any other evaluations or assessments. Services that will be provided to students will have to go through a final resolution through a district review of such services. They may also undergo administrative review, mediation, or other type of administrative hearing. Unless there is evidence otherwise obtained that indicated through fraud, criminal conduct, collusion, or otherwise noted to be false, a student will receive the services that they need (Review, 2008). This is an important aspect of the rule-making authority of the Division of Blind Services because it ensures that each client gets the services that they need, and that the money (discretionary authority) goes to the right people.

Discretionary Authority

Discretionary authority means that the Department of Education and the Division is able to spend money as they see fit amongst their programs and services provided to the community. As stated in the background information regarding the Florida Department of Education and the Division of Blind Services, there is money allotted every year to these organizations. It is clear that they make sure that their services go to the students who need them the very most, as well as provided certain public services such as the Talking Books Library, being the largest of its kind in the entire country.

According to the 2010 article, “$5.6 Million in Grants Awarded to Help Boost Job Prospects for People with Disabilities,” from the U.S. Department of Education, more than one million Americans with disabilities are served by vocation rehabilitation programs funded by the Rehabilitation Services Administration (Bradshaw, 2010). In 2010, the Florida Department of Education received $158,300 toward programs for their Division of Vocation Rehabilitation. The same article notes that the Florida Division of Blind Services at the Department of Education received $45,491 that same year. “Support services include vocational evaluation, counseling and guidance, work adjustment, diagnosis and treatment of physical and mental impairments, education and vocational training, job placement and post-employment services” (Bradshaw, 2010). The Florida Department of Education cares deeply to serve those with disabilities and the services provided to them from government funding.

Judicatory Authority

Judiciary authority indicates the hearings and other administrative trials that would need to take place for a student to qualify for and obtain the services that they need. There is quite a lot to a hearing from the Division of Blind Services, and rules to be followed in accordance with how the division cares for its fair processes. This is a very important part of the authority of the Division of Blind Services because, like rule-making authority, it ensures that money and resources are going to those individuals who truly need them.

An applicant or client would first request a formal review of a decision relating to the creation or denial of any service through an administrative hearing of sorts. These hearings are available to students requesting these services through Florida’s Administrative Procedures Act, “for persons whose substantial interests are affected by a state agency’s action” (Review, 2008).

Such a hearing is conducted by an Administrative Law Judge (also known as an ALJ), and this judge is assigned then by the Division of Administrative Hearings (known as the DOAH).

Now, the student, as well as the student’s representative through the Division of Blind Services, will be able to present evidence at their hearing. They will also be afforded the right to provide witnesses for their case. They may present any information that they believe will help their case. The student can also elect to be represented by someone other than their previously appointed representative At this point, the Administrative Law Judge can submit what is called a Recommended Order (also called an RO). This is submitted to “the parties based upon the evidentiary record of the hearing and consisting of findings of fact, conclusions of law, and disposition based on the provisions of the approved State Plan, the Rehabilitation Act, Chapter 413, Part I, Florida Statutes, and federal and state regulations and policies” (Review, 2008). Final decisions regarding this order will be made within 90 days.

Delegation Authority

Delegation of authority means to pass duties to another; for example, a higher-up passes duties to a subordinate. The Division of Blind Services works with other organizations to make sure that all disabled individuals receive the care and services that they need. Such a web ensures that individuals get all the services that they qualify for and need.

As a part of the programs that are set aside for the disabled in the state of Florida, a program called the Client Assistance Program (CAP) was established for the purpose of assisting clients and applicants with three basic issues:

Understanding services available through DBS; pursuing appropriate remedies to ensure the protection of client's rights; and helping to resolve any dissatisfaction that the client may have with regard to the furnishing or denial of services from DBS through the processes of informal, mediation, or formal reviews (Review, 2008).

The Division of Blind Services itself is a branch from the Florida Department of Education. The DBS, as well, has programs within it and works with other programs that affect their clients’ lives. All of these work together for the sake of each disabled individual in the state of Florida that needs and deserves their services.

Rules Coverage

There are certain rules that the Florida Division of Blind Services follow, and certain services that they offer given the individuals or groups qualify. Rules will be outlined through mediation and a proper qualification process. This may include a formal hearing for the appeal. The rules covered by the Division of Blind Services are also those of the Florida Department of Education. For example, students present evidence and information in order to prove their case, and the fact they need and deserve the services provided by the Division of Blind Services and the Florida Department of Education.

Conclusion

The Florida Department of Education – any state’s department of education – has a great job to do, and sometimes it can get very complicated. The Florida Division of Blind Services has its own unique place in the community, and it is very important to understand how much the organization serves those who need it the most: the disabled citizens of Florida.

References

Bradshaw, J. (2010). $5.6 Million in grants awarded to help boost job prospects for people with disabilities. U.S. Department of Education. Retrieved from http://www.ed.gov/news/press-releases/56-million-grants-awarded-help-boost-job-prospects-people-disabilities.

Bureau of Braille and Talking Books Library. (2014). Division of blind services. Florida Department of Education. Retrieved from http://dbs.myflorida.com/library/index.php.

Florida Division of Blind Services. (1973). Rehabilitation Act, as amended. Florida Department of Education. Retrieved from http://dbs.myflorida.com/legal/rehab-act-1973.php.

Florida Division of Blind Services. (1981). Title 36 code of federal regulations. Florida Department of Education. Retrieved from http://dbs.myflorida.com/legal/title-36-code.php.

Florida Division of Blind Services. (1990). Americans with Disabilities Act of 1990. Florida Department of Education. Retrieved from http://dbs.myflorida.com/legal/ada.php.

Florida Division of Blind Services. (2013). Division Policy 2.05. Retrieved from http://dbs.myflorida.com/legal/client-services-policies/02.05-review-process-VR.php.

Florida Division of Blind Services. (2014). Education. Retrieved from http://dbs.myflorida.com/.

Florida Division of Blind Services. (2014). Florida Coordinating Council for the Deaf and Hard of Hearing. Retrieved from http://www.fccdhh.org/services/state-agencies/florida-division-of-blind-services.html.

Governor’s Sterling Award. (2007). Florida Division of Blind Services. Florida Sterling Council. Retrieved from http://www.floridasterling.com/pdf/Blind_Services__final_.pdf.

Review Process. (2008). Florida Department of Education Division of Blind Services. Retrieved from http://www.newvisionfl.org/files/File/Division%20of%20Blind%20Services%20Client%20Rights.pdf.