Download as PDF
163.470 Office for the Blind.
(1)
(2)
(3)
(4)
(5)
(6)
There is created within the Education and Workforce Development Cabinet the
Office for the Blind.
The executive director shall be appointed by the secretary of the Education
and Workforce Development Cabinet pursuant to KRS 12.050.
The office shall be the state agency responsible for all rehabilitation services
for the blind and the visually impaired and other services as deemed
necessary. The office shall be the agency authorized to expend all state and
federal funds designated for rehabilitation services for the blind and visually
impaired. The Office of the Secretary of the Education and Workforce
Development Cabinet is authorized as the state agency to receive all state and
federal funds and gifts and bequests for the benefit of rehabilitation services for
the blind and visually impaired. The State Treasurer is designated as the
custodian of all funds and shall make disbursements for rehabilitation purposes
upon certification by the executive director.
(a) The Kentucky Office for the Blind State Rehabilitation Council is hereby
created and established to accomplish the purposes and functions
enumerated in the Rehabilitation Act of 1973, as amended. Members of
the council shall be appointed by the Governor from recommendations
submitted by the Office for the Blind consistent with the federal mandate
to include a majority of individuals who are blind or visually impaired
representing specified organizations, service providers, and advocacy
groups. The composition, qualifications, and terms of service of the
council shall conform to those prescribed by the federal law. There shall
be statewide representation on the council.
(b) 1.
Except as provided in subparagraph 2. of this paragraph, any
vacancy occurring in the membership of the Office for the Blind
State Rehabilitation Council shall be filled in the same manner as
the original appointment. The vacancy shall not affect the power of
the remaining members of the council.
2.
The Governor may delegate the authority to fill a vacancy to the
remaining voting members of the council.
(c) Each member of the Office for the Blind State Rehabilitation Council may
receive a per diem of one hundred dollars ($100), not to exceed six
hundred dollars ($600) annually, for each regular or special meeting
attended if the member is not employed or must forfeit wages from other
employment. Each member may have travel expenses approved at the
established state rate and expenses reimbursed at the established state
agency rate for services such as personal assistance, child care, and
drivers for attendance at council meetings, and in the performance of
duties authorized by the Kentucky Office for the Blind State Rehabilitation
Council. The per diem and expenses shall be paid out of the federal funds
appropriated under the Rehabilitation Act of 1973, as amended.
The office shall establish and implement policies and procedures for the
carrying out of the program of services for the blind.
At the close of each biennium, the office shall prepare a financial report and
present it to the secretary of the Education and Workforce Development
Cabinet and to the Governor. The biennial report shall be published. The
biennial report shall also contain a precise review of the work of the office and
contain necessary suggestions for improvement.
(7) The office shall coordinate its functions with other appropriate public and
private agencies.
(8) The office shall perform all other duties as required of it by law.
(9) The executive director shall hire personnel as necessary to carry out the work
of the office and the provisions of KRS 163.450 to 163.470. Preference shall be
given to hiring qualified blind persons.
(10) There shall be created under the authority of the office, to be directed by a
director appointed by the secretary of the Education and Workforce
Development Cabinet pursuant to KRS 12.050, a Division of Consumer
Services which shall provide intake and rehabilitation counseling services;
distribute or sell technical educational and other aids to the blind; provide
educational materials such as recorded texts, braille or large-type texts, or such
other materials as may be deemed necessary for the education of the blind;
research into the development of new technical aids for the blind, mobility
training, work evaluation, personal adjustment, independent living, and other
services as needed for blind adults, and services for the blind who have other
disabilities; and promote employment of the blind in public and private sectors.
(11) There shall be established under the authority of the office, to be directed by a
director appointed by the secretary pursuant to KRS 12.050, the Division of
Kentucky Business Enterprise. This division shall manage and supervise the
Vending Facilities Program and license qualified blind persons as vendors. In
connection therewith, the office shall be authorized to own or lease vending
equipment for the operation of vending facilities in federal, state, private, and
other buildings. The set-aside charges levied shall comply with the existing
federal regulations as specified in 34 CFR 395.9. One (1) or more facility
placement agents shall be employed to locate and establish additional vending
facilities. The Office for the Blind shall make such surveys as may be deemed
necessary to determine the vending facility opportunities for blind vendors in
state buildings or on other property owned, leased, or otherwise occupied by
the state government and shall install vending facilities in suitable locations on
such property for the use of the blind. All of the net income from vending
machines which are on the same property as a vending facility shall be paid to
the blind vendor of the vending facility. Whenever there exists a conflict of
interest between state agencies seeking to vend merchandise on the same
state property, the agencies shall negotiate a fair agreement which shall
protect the interest of both from unreasonable competition. The agreement
shall be submitted to the custodial authority having jurisdiction over the
property for approval. Provided, however, that in all situations the blind vendor
shall be permitted to vend all items of merchandise customarily sold at similar
vending facilities.
(12) The Office for the Blind, at all times, shall be authorized to provide industrial
evaluation, training, and employment. The office shall provide staff services
which shall include staff development and training, program development and
evaluation, and other staff services as may be deemed necessary.
(13) The provisions of any other statute notwithstanding, the executive director is
authorized to use receipt of funds from the Social Security reimbursement
program for a direct service delivery staff incentive program. Incentives may be
awarded if case service costs are reimbursed for job placement of Social
Security or Supplemental Security Income recipients at the Substantial Gainful
Activity (SGA) level for nine (9) months pursuant to 42 U.S.C. sec. 422 and
under those conditions and criteria as are established by the federal
reimbursement program.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 11, sec. 53, effective June 25, 2009. -Amended 2006 Ky. Acts ch. 211, sec. 93, effective July 12, 2006. -- Amended
2000 Ky. Acts ch. 125, sec. 1, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 33, sec. 2, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 49,
sec. 2, effective July 15, 1994; ch. 126, sec. 3, effective July 15, 1994; ch. 363,
sec. 10, effective July 15, 1994; and ch. 469, sec. 37, effective July 15, 1994. -Amended 1990 Ky. Acts ch. 470, sec. 57, effective July 1, 1990. -- Amended
1988 Ky. Acts ch. 265, sec. 1, effective July 15, 1988. -- Amended 1982 Ky.
Acts ch. 353, sec. 2, effective July 15, 1982; and ch. 381, sec. 9, effective July
15, 1982. -- Created 1976 Ky. Acts ch. 377, sec. 3.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.