2012 New York Consolidated Laws
EXC - Executive
Article 20 - (550 - 562) PROTECTION OF PEOPLE WITH SPECIAL NEEDS
559 - New York state interagency coordinating council for services to persons who are deaf, deaf-blind, or hard of hearing.

 
    * §  559. 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   justice   center   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 justice center 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 maximize 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, 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; and
    (ii)   recommendations   for   standards,  policies,  procedures,  and
  strategies  necessary  to   assure   communication   accessibility   and
  community-based services, including needed statutory revisions.
    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 executive director of the justice center, 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  this
  subdivision  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 justice center.
    5. Subject to an appropriation,  the  state  interagency  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.
    * NB Effective June 30, 2013