NEW YORK STATE REHABILITATION COUNCIL

GUIDING PRINCIPLES

Article I. SHORT TITLE

 

  1. The name of this body shall be the New York State Adult Career and Continuing Education Services- Vocational Rehabilitation Council (SRC).
  2. This document may be cited as the “Guiding Principles” of the SRC.

 

Article II. MISSION/VISION AND DUTIES

 

  1. The SRC is established to fulfill the requirements of the Federal Rehabilitation Act of 1973 as amended under the Workforce Innovation and Opportunity Act (WIOA), and to advise the New York State Board of Regents, the Commissioner of the Education Department, and the Office of Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR) on the provision of vocational rehabilitation services.

 

  1. The Vision of the SRC shall be reviewed annually by the Executive Committee by the first general meeting of the SRC, of the calendar year. The Executive Committee will recommend changes and/or acceptance at the first meeting. The Vision will consider the issues and concerns of the general vocational rehabilitation (VR) system in New York State as well as the state of the vocational rehabilitation field in the country. The approved vision for the New York State Rehabilitation Council is:

 

The New York State Rehabilitation Council (SRC) encourages, supports and challenges ACCES-VR to make transformational change that results in competitive integrated employment, self-sufficiency and meaningful community participation of New York State citizens with disabilities.

 

  1. In fulfilling its vision, the SRC shall:
  1. Review, and analyze policies, regulations, and actions, and as such advise the New York State Board of Regents, the Commissioner of the Education Department, and ACCES-VR regarding the performance of the responsibilities of ACCES-VR under the Rehabilitation Act of 1973 as amended under WIOA, particularly responsibilities relating to:

 

  1. Eligibility (including order of selection);

 

  1. The extent, scope, and effectiveness of services provided, and

 

  1. Functions performed by State agencies that affect or that potentially affect the ability of individuals with disabilities to achieve employment outcomes under the Rehabilitation Act of 1973 as amended under WIOA.

 

  1. In partnership with ACCES-VR:

 

  1. Share information in a timely fashion to create opportunity for meaningful feedback, and

 

  1. Develop and evaluate the effectiveness of the vocational rehabilitation programs and services for people with disabilities, including those with cultural and linguistic differences

 

  1. Advise the Board of Regents, the Commissioner of the Education Department and ACCES-VR regarding activities conducted under the Rehabilitation Act of 1973 as amended under WIOA, and assist in the preparation of the ACCES-VR section of the NYS Combined State Plan and amendments to the Plan, applications, reports, needs assessment, and evaluations as required by the Rehabilitation Act of 1973 as amended under WIOA. Formal recommendations shall be made according to a protocol established and approved by the SRC. ACCES-VR will consider and respond to these recommendations in a timely manner and include them in the ACCES-VR section of the NYS Combined State Plan.

 

  1. To the extent feasible, conduct a review and analysis of the effectiveness of, and individual satisfaction with:
    1. The functions performed by ACCES-VR;
    2. The vocational rehabilitation services provided by State agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals with disabilities under the Rehabilitation Act of 1973 as amended under WIOA;
    3. The employment outcomes achieved by eligible individuals receiving services under the Rehabilitation Act of 1973 as amended under WIOA, including the availability of health and other employment benefits in connection with such employment outcomes.

 

  1. Prepare and submit an Annual Report to the Board of Regents, the Federal Commissioner of Rehabilitation Services Administration (RSA) and vocational rehabilitation programs operated within the State, and make the report available to the public within 90 days after the end of the federal fiscal year. A draft of the report shall be available for SRC review, and will act on approval prior to the end of the calendar year.

 

  1. To avoid duplication of efforts and enhance the number of individuals served, coordinate with other councils within the State, including the Statewide Independent Living Council, the New York State Commission for the Blind, the Commissioner’s Advisory Panel for Special Education Services, the Developmental Disabilities Planning Council, the Developmental Disabilities Advisory Council and the State Workforce Investment Board.

 

  1. Provide for coordination and the establishment of working relationships between ACCES-VR and the Statewide Independent Living Council and Centers for Independent Living within the State.

 

  1. Perform such other functions, consistent with the purpose of the Rehabilitation Act of 1973 as amended under WIOA, as the SRC determines to be appropriate, that are comparable to the other functions performed by the SRC.

 

 

Article III APPOINTMENT

 

  1. Members of the SRC shall be appointed by the New York State Board of Regents. The appointing authority shall select members after receiving the slate of nomination recommendations proposed by the SRC Membership Committee and approved by the full SRC.

 

  1. Each member of the SRC shall serve for a term of three (3) years. Any SRC member shall serve no more than 2 consecutive three (3) year terms, except that –

 

  1. Vacancies- a vacancy in membership must be filled in the same manner as the original appointment on an annual basis;

 

  1. Nothing in this section is meant to conflict with the required composition of the SRC;

 

  1. Individuals may reapply for membership after one year of separation based on the needs of the SRC

 

 

Article IV. COMPOSITION

 

The New York State Rehabilitation Council shall seek membership that emulates representation of the State’s cultural diversity.

 

  1. The SRC shall include:

 

  1. At least one representative of the Statewide Independent Living Council, who must be chairperson or other designee of the Statewide Independent Living Council;

 

  1. At least one representative of a Parent Training and Information Center established pursuant to Section 682(a) of the Individuals with Disabilities Education Act (IDEA);

 

  1. At least one representative of the Client Assistance Program (CAP) must either be the director of or other individual recommended by the Client Assistance Program;

 

  1. At least one vocational rehabilitation counselor, with knowledge of and experience with vocational rehabilitation programs, who, if the Counselor is an employee of the ACCES-VR, shall serve as ex-officio, non-voting member of the SRC;

 

  1. At least one representative of community rehabilitation program service providers;

 

  1. Four representatives of business, industry and labor;

 

  1. Representatives of disability advocacy groups representing a cross section of individuals with physical, cognitive, sensory and behavioral health disabilities; and representative of individuals with disabilities who have difficulty representing themselves or are unable due to their disabilities to represent themselves;

 

  1. Current or former applicants for, or recipients of, vocational rehabilitation services;

 

  1. At least one representative of the directors of projects providing Native American Services under Section 121 of the Rehabilitation Act of 1973 as amended under WIOA;

 

  1.  At least one representative of the New York State Education Department (NYSED) responsible for the public education of students with disabilities who are eligible to receive services under Part B of the Individuals with Disabilities Education Act who shall serve as ex-officio if employed directly by NYSED;

 

  1.  At least one representative of the State Workforce Investment Board, and

 

  1.  The director of ACCES-VR as ex-officio, non-voting member of the SRC.

 

  1. Qualifications - In general, the SRC shall be composed of members

 

  1. Who provide statewide representation;

 

  1. Who represent a broad range of individuals with disabilities;

 

  1. Who, if a former ACCES-VR employee, will be five years removed from that position to allow for a variety of expertise to be brought to the table, and

 

  1. Who are knowledgeable about Centers for Independent Living and independent living services.

 

  1. A majority of the voting members shall be individuals with disabilities and not employed by any State agency.

 

  1. Members shall refrain from voting on any matter that would provide a direct financial benefit to the member or would give the appearance of conflict of interest.

 

  1. Members shall receive no compensation for their services, but shall be reimbursed by ACCES-VR for reasonable and necessary expenses incurred by them in the performance of their duties in accordance with procedures established by ACCES-VR. This will be discussed annually and all SRC members will be apprised of this process.

 

  1. Voting membership on the SRC cannot exceed two (2) individuals from any one organization/entity at any one time. In the event that a current SRC member joins an organization whose representation will exceed two (2), they may only serve the balance of their current term, but will not continue for a second term, if available.

 

  1. The term of members whose employment changes from private employer to a New York State agency may only complete their current term, but will not continue a second term, if available.
  2. All SRC members should participate on one or more committees.

 

 

Article V. ELECTIONS

 

  1. Elections are to be held during the third quarterly meeting of the year, usually September.  The election process will proceed as follows:
    1. Day 1 of quarterly meeting - A call for nominations for Chairperson and Vice-Chairperson positions to be effective January 1st of the following year will be collected via ballot.
    2. With the assistance of the Membership committee all members nominated will be asked privately if they want to be considered for the position and listed on the voting ballot.
    3. A ballot will be created listing those members accepting nominations.
    4. Day 2 of quarterly meeting – A ballot will be distributed at the beginning of the meeting.  SRC voting members will have until the start of the break for lunch to cast ballots.
    5. The Executive Committee and the ACCES-VR Executive Committee Liaison will count ballots and share results at the end of the meeting.

 

  1. Removal of an elected position
    1. Any elected Chairperson or Vice-Chairperson may be removed from office with or without cause by a two-thirds (2/3) majority SRC vote.  Removal of a Chairperson or Vice-Chairperson may occur whenever in its judgement the interests of the SRC are best served.

 

  1. If a chairperson position is vacated for any reason the same procedure for elections will occur at the next quarterly meeting as listed above to fill the term until the next regularly scheduled elections.

 

 

 

Article VI.   CHAIRPERSON

 

 

  1. The SRC shall elect a Chairperson from among the voting membership of the SRC to serve for a term of one year. The individual shall serve at the pleasure of the full SRC. Annually, the full SRC by the third quarterly meeting vote, usually September, vote to continue the term of the Chairperson or nominate a Chairperson Elect.

 

  1. The Chairperson Elect will be mentored by the Chairperson during the intervening time between election and assuming office as Chairperson.

 

  1. ACCES-VR has final approval of the Chair Elect

 

  1. The SRC Chairperson shall preside at all meetings of the SRC and appoint all committees, task forces and other work groups of the SRC, with the exception of the SRC’s Executive Committee. Upon appointment of such groups, the Chairperson shall outline the specific charges to the group along with timetables and reporting procedures.

 

  1. The Chairperson shall serve as the Chair of the Executive Committee.

 

 

Article VII. VICE CHAIRPERSON

 

 

  1. The SRC shall elect up to two Vice Chairpersons from among the voting membership of the SRC to serve for a term of one year. These individuals shall serve at the pleasure of the full SRC. Annually the full SRC by the third quarterly meeting vote, usually September, vote to continue the term of the Vice Chairperson(s).  This will allow an opportunity for the outgoing Vice Chairpersons to mentor the newly elected prior to officially starting in January.

 

  1. The Vice Chairperson shall preside in the absence of the Chairperson at all meetings of the SRC and carry out the other duties of the Chairperson should this be necessary due to the inability of the Chairperson to carry out such duties.

 

  1. In the absence of the Chairperson, a Vice Chairperson will preside over the Executive Committee conference calls/meetings.

 

  1. The Vice Chairperson shall serve as Chair of the Membership Committee and will report to the Executive Committee.

 

Article VIII. MEETINGS

 

  1. The SRC shall conduct regular meetings at the call of its Chairperson, but not less than four times a year. Committees and other groups may conduct meetings at the call of their respective chairpersons.

 

  1. Special meetings shall be held at the written request to the SRC Chairperson of at least eight (8) members of the SRC. These special meetings shall be held within fifteen (15) working days of the receipt of said written report.

 

  1. All SRC meetings require at least ten (10) days written notice and shall be open to the public except that the SRC may, by a majority vote, set or schedule executive sessions and committee sessions that are not open to the public.

 

  1. Procedures for all meetings shall be in accordance with Roberts Rules of Order (latest revised edition) and with any applicable provisions of New York State Law.

 

  1. The SRC authorizes its members who experience extraordinary circumstance, as described by Chapter 56  of the Laws of 2022, which amended Section 103 of the Open Meetings Law (OML), and further defined by any rules or written procedures later adopted, to attend meetings by videoconference:

 

  1. Provided a quorum of the members attend in-person at one or more locations open to the public;
  2. Provided the member can be seen, heard, and identified while the open portion of the meeting is being conducted; and
  3. As otherwise permitted under Chapter 56 of the Laws of 2022; and
  4. The SRC shall create written procedures further governing its use of videoconferencing by its members in compliance with Chapter 56 of the Laws of 2022.

 

Article IX. QUORUM and ATTENDANCE

 

  1. A quorum of any meeting of the SRC shall consist of at least a majority of current active voting members.  The list of active voting members will be updated quarterly by the membership committee.  At any meeting having at least a quorum, any questions that may come before the meetings shall be decided by an affirmative vote of a majority of the voting membership, notwithstanding abstentions, were there no vacancies and were none of the members disqualified from acting. In the absence of a quorum, any meeting may be adjourned by a vote of the majority of the voting members of the SRC but no other business may be transacted.  The members present at a duly called or held meeting at which a quorum was present may continue to do routine business not requiring a vote (other than adjournment) should a quorum no longer be maintained in the course of the meeting.

 

  1. Should a voting member of the SRC fail to notify and attend two (2) regularly scheduled full SRC meetings within a calendar year, the Membership Committee shall review and may recommend to the Executive Committee that such member be removed from the SRC. With the approval of the Executive Committee the recommendation is then presented to ACCES-VR for their agreement. (Refer back to the provisions of Article III for membership process).

 

  1. It is the expectation that SRC members will attend all meetings, this includes full quarterly and committee meetings unless excused by the Chairperson of the meeting

 

  1. To be excused from the meeting one would need to reach out to the Chairperson of the meeting and notify them of their inability to participate in the upcoming meeting.

 

 

  1. Concerns with member participation should be brought to the Chairpersons of the Membership Committee.

 

  1. It is the expectation that if a member of the SRC can no longer fulfill their duties as an SRC member they will notify the Chairpersons of the SRC, and the ACCES-VR Executive Committee Liaison in writing.

 

Article X COMMITTEES

 

The SRC shall at all times have an Executive Committee and may from time to time establish such Standing Working Committees as it deems appropriate to carry out its responsibilities.

 

  1. EXECUTIVE COMMITTEE

 

  1. There shall be an Executive Committee of the SRC to be composed of the Chairperson of the SRC, Vice Chairperson of the SRC, the immediate past Chairperson of the SRC, if term limits are applicable,  and the Chairperson(s) of the Standing Working Committees of the SRC, a representative of the ACCES-VR liaisons to the SRC, ACCES-VR Liaisons to Standing Working Committees, and ACCES-VR Liaison supervisors for no more than one or two initial meetings to assist liaisons in completing their work and representing them when they are not available.

 

  1. The Chairperson of the SRC shall serve as the Chairperson of the Executive Committee. A Vice Chairperson shall serve in the absence of the Chairperson.

 

  1. The Executive Committee shall be empowered to act on behalf of the full SRC in all matters concerning the SRC on such occasions as it is not possible for the full SRC to meet, provided that any such action shall be subject to ratification by the full SRC at the next regularly scheduled SRC meeting.

 

  1. The Executive Committee shall consider and recommend actions to the SRC that will facilitate achievements of SRC mandates expressed in the enabling legislation, or related State/Federal mandates related to the goals appearing in the ACCES-VR section of the NYS Combined State Plan.
  2. The Executive Committee Chairperson shall report the work of the Committee at regularly scheduled SRC meetings. The SRC Chairperson in this role will communicate with ACCES Central office personnel, in addition to designated liaisons, prior to each regularly scheduled SRC meeting to discuss the upcoming agenda, the work of the Executive Committee and any recommendations that are being made by Committees to ACCES-VR.  This is done in an effort to best serve the SRC in the time allotted for meetings.

 

  1. The Executive Committee shall meet no less than once a month or at the call of its Chairperson or at the request of two or more members.

 

  1. Minutes of the Executive Committee meetings are taken at each meeting by a designee.

 

 

  1. MEMBERSHIP COMMITTEE

 

  1. The Membership Committee reports to the Executive Committee and is chaired by the SRC Vice Chairperson and includes the ACCES-VR Executive Committee Liaison.

 

  1. The Executive Committee shall appoint from the full body of the SRC the members of the Membership Committee.

 

 

  1. The Membership Committee is charged with:
    1. The recruitment and retention of SRC members.  This shall be conducted by soliciting interest through organizations representing a broad range of individuals with disabilities, interested individuals with disabilities and/or other advocates, family or legal guardian members. A selection process including interviews will be used.

 

  1. Interviews of potential candidates will consist of a minimum of one Membership Committee member and one ACCES-VR liaison.

 

  1. Annual management of SRC member orientation and mentoring of new SRC members.

 

  1. Preparing annual nominations to the NYS Board of Regents for appointment.

 

  1. The Membership Committee will, by the June meeting, review the attendance, participation and professional contribution to the SRC of each member whose first term will expire at the end of the calendar year. This review will determine whether or not a member may continue to serve for a second consecutive three-year term.

 

  1. The Membership Committee shall review on-going attendance of meetings and may recommend to the Executive Committee that an identified member(s) be removed from the SRC due to lack of attendance.

 

  1. If a member is being removed from the SRC due to lack of attendance they will be notified in writing of such.

 

  1. STANDING WORKING COMMITTEES

 

  1. Standing Working Committees may be established as necessary by vote of the SRC to perform activities undertaken by the SRC in accordance with State and Federal legislation. The SRC Chairperson shall appoint, in the absence of self-nomination, the members of Standing Working Committees from the membership of the SRC.

 

  1. All SRC members will be appointed to at least one Standing Working Committee.

 

  1. The role of the Standing Working Committees shall be to assist the SRC in fulfilling its vision and carrying out its duties.

 

  1. Each Standing Working Committee shall nominate two committee members to assume the role and responsibility of the Chairperson and Co-chairperson for the respective Committee to SRC Chairperson annually. Co-chairperson would not have term limits ending in the same year. This will ensure a continuation of experienced leadership across each committee. The SRC Chairperson shall announce the appointments by the end of the first quarterly meeting in March of the full SRC. The composition of each Standing Working Committee shall, to the extent feasible, be reflective of the composition of the full SRC.

 

  1. Each Standing Working Committee Chairperson shall report on their committee work and activities to the Executive Committee no less than monthly and to the full SRC quarterly for discussion and final determination as needed. Committees are responsible for keeping minutes of all meetings. Minutes will be presented to the Executive Committee by the end of the calendar year for inclusion in the formal record of the SRC. In the absence of the Chairperson, the Co-chairperson will assume all duties of the Committee Chairperson.

 

  1. The Standing Working Committees shall meet at the call of their Chairperson or at the request of three (3) or more members of the committee. Monthly meetings will be scheduled and Committees will meet the afternoon prior to regularly scheduled quarterly meetings of the SRC.

 

 

Article XI.  ACCES-VR WORKGROUPS

 

  1. Upon request from ACCES-VR, the Chairperson of the SRC will request volunteers to serve on Workgroups to provide technical and expert assistance to ACCES-VR as well as serve as the liaison to the SRC for such periods as workgroups may be required.

 

  1. SRC members who serve on Workgroups have the following responsibilities:

 

  1. Share updates from Workgroup meetings and any appropriate draft documents or policies with the SRC, at each quarterly meeting or as needed;

 

  1. Share SRC feedback with the Workgroup, and

 

  1. Report out at Quarterly SRC meetings about the status of the Workgroup.

 

 

Article XII.  TASK FORCES & AD HOC GROUPS

 

 

  1. Upon a demonstration of need, the Chairperson of the SRC may appoint such task forces and other ad hoc groups to provide technical and expert assistance to the SRC for such periods of operation as may be required.

 

  1. Membership of such task forces and ad hoc groups of the SRC may include but need not be limited to members of the SRC.

 

  1. Task Forces and Ad Hoc Committees will choose their own Chairperson or up to 2 Co-chairpersons. Committees are responsible for keeping minutes of all meetings. Minutes will be presented to the Executive Committee by the end of the calendar year for inclusion in the formal record of the SRC.

 

 

Article XIII. NYSED/ACCES-VR STAFF SUPPORT

 

 

  1. Staff support for the SRC, and such committees as deemed necessary, shall be provided for or arranged by ACCES-VR. Reassignments are expected; however, ACCES-VR will provide a transition period for the outgoing staff to train and mentor the newly assigned NYSED/ACCES-VR staff support person for both general SRC and/or direct Committee staff support.
  2. The SRC will prepare an Annual Resource Plan with ACCES-VR, in accordance with Federal Regulation 361.17(i). The resource plan will describe resources allocated to the operation of the SRC (e.g., travel, meals, and meeting space).

 

 

Article XIV. AMENDMENTS

 

These “Guiding Principles” may be altered, amended or repealed. Changes to and/or new “Guiding Principles” may be adopted by a vote, including written assent of members not able to be present, of two-thirds of the voting members of the SRC at any regular or special meeting where a quorum is present and the notice for the regular or special meeting was given to SRC members at least thirty (30) days in advance of the meeting and included the altered, amended or new “Guiding Principles” to be brought before the members at such meeting.

 

Approved by the NYS State Rehabilitation Council Sept. 20, 2012; amended and approved by the SRC June 25, 2014; amended and approved by the SRC December 18, 2020; amended and approved by the SRC December 15, 2021; amended and approved by SRC December 7, 2022.