617907 Redesignation of the Client Assistance Program

DEPARTMENT ON DISABILITY

NOTICE OF PUBLIC HEARING

 

Rehabilitation Services Administration to Hold a Public Hearing on the Proposed Redesignation of the Client Assistance Program

 

December 29, 2010

Washington DC Metropolitan Transit Authority (WMATA)

600 5^th Street, N.W.

1^st Floor Lobby Level Meeting Room

12-2 pm

Washington, DC  20005

 

Pursuant to section 112 of the Rehabilitation Act of 1973, as amended (the Act) (29 U.S.C. 732), and 34 C.F.R. §370.11, the Department on Disability Services/Rehabilitation Services Administration (DDS/RSA) will hold a public hearing on December 29, 2010, from 12-2 pm at the Washington DC Metropolitan Transit Authority (WMATA) building located at 600 Fifth St., NW, Washington, DC  20005, to obtain input from the public and interested parties on its intent to redesignate the Client Assistance Program (CAP) from the DDS/RSA to the D.C. Office of Human Rights (OHR). 

 

D.C. has good cause and is required to redesignate the CAP, pursuant to section 112(c)(1)(B)(ii) of the Act (29 U.S.C. 732(c)(1)(B)(ii)), because DCRSA – the public agency designated to conduct the CAP prior to February 22, 1984 – was transferred from the D.C. Department of Human Services to a newly-created DDS effective June 30, 2007.  The Rehabilitation Act Amendments of 1998 (Pub. L. 105-220 (Aug. 7, 1998)) amended the Act to require a CAP agency, housed in a VR agency or other agency that provides treatment or rehabilitation services under the Rehabilitation Act, be redesignated if it undergoes a significant structural reorganization.  The transferral of DCRSA to a newly-created organization was a significant structural reorganization, and a redesignation of the CAP was necessary.   In redesignating the CAP agency, the Rehabilitation Act requires that such a CAP be redesignated to an agency that does not provide treatment or services under the Rehabilitation Act.  In the case of D.C., that meant that the designated CAP agency could no longer be DCRSA, pursuant to section 112(c)(1)(B)(ii) (29 U.S.C. 732(c)(1)(B)(ii)). 

 

Prior to the hearing, the public will have 30 calendar days to submit comments on the redesignation of the CAP.  The purpose of the hearing is to ensure that the designated agency, the contractor providing the CAP services, the State Rehabilitation Council, the State Independent Living Council, disability rights advocacy organizations, individuals with disabilities or their representatives, and the public have an opportunity to submit comments on the proposed redesignation of the CAP from the DDS/RSA to OHR. 

 

The CAP provides information and advocacy services to applicants and consumers of vocational rehabilitation services and other services provided under the Act, pursuant to section 112(a) of the Act (29 U.S.C. 732(a)) and 34 CFR 370.4.  The CAP also must have the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of individuals’ rights receiving or applying for services under the Act (section 112(b)(1) of the Act (29 U.S.C. 732(b)(1)). 

 

Although DCRSA is the current designated CAP, DDS/RSA has contracted out the provision of CAP services to University Legal Services (ULS).  ULS is a private entity that does not otherwise provide services under the Act.  The current contract between DDS/RSA and ULS will continue through March 31, 2011, which is the contract termination date.

 

The proposed redesignation of the CAP to OHR will not affect the terms of the current contract with ULS, except that OHR – the proposed designated CAP agency – will assume responsibility for administering the contract with ULS upon the effective date of the redesignation.  As outlined in 34 C.F.R. 370.2(g), as the proposed designated CAP, OHR would remain responsible for:

 

1.      The conduct of a CAP that meets all the requirements of 34 CFR Part 370;

2.      Ensuring that the contracted entity expends CAP funds in accordance with (i) the regulations in 34 CFR Part 370; and (ii) the cost principles application to the designated agency; and

3.      The direct day-to-day supervision of the CAP services being carried out by the contractor, which must include the direct supervision of the individuals who are employed or used by the contractor to provide CAP services.

 

Additionally, OHR would be responsible for the following: 

1. Awarding the CAP contract in accordance with D.C. procurement laws;
2. Monitoring the performance of the CAP provider as set forth in the contract and as required by Federal requirements governing the CAP;
3. Making periodic site visits to monitor the implementation of the scope of work and contract terms and conditions; and
4. Compliance with federal reporting requirements, required by the Act and 34 CFR Part 370

 

The proposed redesignation will take effect on February 1, 2011. 

 

Persons wishing to review the Mayor’s Order signing into the law the redesignation of the CAP may access it online by visiting DDS’ website at www.dds.dc.gov or in person at the Martin Luther King, Jr. Memorial Library, 901 G Street, N.W., Washington, DC 20001.

 

Individuals who wish to testify should contact Mrs. Barbara Lewis, no later than 4:45pm on December 15, 2010, and should provide the following:  name(s); address(es); telephone number(s); organizational affiliation(s); accommodation need(s), if any and two (2) copies of the proposed testimony.  Mrs. Lewis can be reached via email at [e-mail] or via telephone [phone] (TDD); or 202-540-8468 (VP).  All testimony will be limited to ten (10) minutes. 

 

Individuals who wish to submit written comments can begin doing so immediately.  The 30-day comment period ends December 27, 2010.  Comments may be submitted by any interested individual, including representatives of ULS, the State Rehabilitation Council, the Statewide Independent Living Council, disability rights advocates, individuals with disabilities, and members of the public.  Comments can be submitted two ways:  via email to [e-mail] or by mail to:

 

Barbara Lewis

District of Columbia Department on Disability Services

Rehabilitation Services Administration

1125 15^th Street, NW

4^th Floor

Washington, DC 20005

 

Comments sent via email must be received by 5:00 pm of the deadline date; mailed documents must be postmarked by the deadline date.  All questions should be directed to Mrs. Lewis, 202-442-8464; 202-442-8613 (TDD); 202-540-8468 (VP).  Mrs. Lewis can be reached Monday through Friday, from 9-3 pm.

The Department will conduct public hearings concerning the proposed redesignation as follows:

Public Hearing

December 29, 2010.
Washington Metropolitan Area Transit Authority (WMATA)
600 Fifth Street, NW

Washington, DC 20001

 

Any interested party wishing to provide oral comments on the proposed redesignation of the CAP may do so at the public hearing.