State of Oklahoma
Commission for Rehabilitation Services

Department of Rehabilitation Services
State Office, 3535 NW 58th Street, 2nd Floor
Oklahoma City, Oklahoma 73112

Monday, March 8, 2010, 10:00 am

Agenda

1.

Call to Order and Roll Call

Commissioner White   

PRESENT
Commissioner Ben White
Commissioner Ray Kirk
Commissioner Steve Shelton

PRESENT FOR THE DEPARTMENT
Paul Adams, Marla Baker, Joanie Batty, Larry Bishop, David Couch, Lori Estep, Melinda Fruendt, Jody Harlan, Larry Hawkins, Susan Hawkins, Jean Jones, Paula Land, Ray Leard, Kevin Nelson, Mike O’Brien, Rick Olderbak, Traci Prince, Kathleen Reed, Kevin Statham, Calvin Small, Sandra Stokes, Dana Tallon, Randy Weaver, Jonathan Woodward.

OTHERS PRESENT
Marilyn Burr, CAP; Theresa Hamrick, ORC; Rene Ryan, TSHA; Stella Church, Secretary for Howard Hendricks

INTERPRETERS
Will Farr
Hazel Lucas

CALL TO ORDER AND ROLL CALL
The meeting was called to order at 10:10 a.m. by Commissioner White, Commission Chair. Commission Assistant, Kathleen Reed, called the roll.
All Commissioners being present, a quorum was declared by the Chair.
 

2.

Statement of Compliance with Open Meeting Act

Commission Assistant   

Ms. Kathleen Reed, Commission Assistant, confirmed the Commission for Rehabilitation Services is in compliance with the Open Meeting Act.
 

3.

Introduction of Guests

Commissioner White   

There were no guests introduced.
 

4.

Public Comments

Commissioner White   

There were no public comments.
 

Report Items

5.

Report from the Director
to include two videos presented by Jody Harlan, PIO.

Mike O’Brien, Ed.D.
 

Director O’Brien thanked everyone for their kind wishes toward his son being home on leave from the Armed Forces.

Director O’Brien reported February as one of the most quiet months ever.

VR/VS Placements
There has been an improvement on the employment data for VR/VS. There has been an increase in placements for the month of February, 2010.

Budget
There is a separate appropriation of $1.2 million coming to DRS. It has been requested this funding be used primarily for the schools. Which is a fine idea because the funding for VR/VS is okay.

People with Disabilities Awareness Day
People with Disabilities Awareness Day is scheduled for Wednesday, April 7, 2010 from 8:30 am to 12:30 pm at the State Capitol, 2300 N. Lincoln, Oklahoma City. Registration is being taken on-line at www.okdrs.gov/pwdad/ or call 405.951.3478.

Statewide Independent Living Council (SILC)
Statewide Independent Living Council (SILC) is holding five Public Forums across the state to help develop their State Plan. One of the meetings was held on Tuesday, March 2 , in Enid. The other are scheduled on the following dates:

• Tuesday, March 9, Norman at Norman Regional Hospital Educational Complex, 901 N. Porter
• Tuesday, March 23, McAlester at Pittsburg County Health Department, 1400 El College
• Wednesday, March 24, Bartlesville at 1st Church of the Nazarene, 3650 SE Adams Blvd
• Thursday, March 25, Tulsa at Murdock Villa Apartments Community Room, 828 S. Wheeling

The meeting times are 11:30 AM to 1:00 PM. As the “round table discussions” commence a lunch will be provided.

5th Annual DRS Awards & Recognition Luncheon
Director O’Brien commented that it was nice to celebrate excellence and to award DRS employees who have done an excellent job. It was a joyous experience at the Jazz Hall of Fame.

Commissioner Kirk stated it was nice to be around award winners. Those awarded were well deserved.

Commissioner Shelton enjoyed the event, the entertainment and stated he had a great time.

Commissioner White – Compliments and praises to Kathy Reed and Malcolm Stoughtenborough, Co-Chairs of the DRS Awards & Recognition Committee and to the rest of the DRS Awards & Recognition Committee for an excellent event. The team did a good job. The Masters of Ceremonies, Larry Bishop & Malcolm Stoughtenborough, event opener was amazing. The DRS Talent and the program as a whole was excellent.

DRS Videos presented by Jody Harlan, PIO Administrator
Ms. Harlan presented two news stories videos which are listed below:

“In Your Corner”– Scott Hines, Investigative Reporter New Channel 4
Madelyn Willis, a hearing aid client, who spent money on a cheap hearing aid that did not fit. Scott Hines came to her aid and contacted Tracy Prince at OSD and in charge of DRS Hearing Aid Program, this program provides hearing aids to children and Seniors who need them. Additional Learning and Hearing devices are also available. State Hearing Equipment and Hearing Aid Program contact information is on the DRS website. This video is captioned – captioning by Dana Tallon, PIO Unit, Webmaster.

OETA VS Visual Training Center in Tulsa. This is a statewide story by Cathy Tatom, Oklahoma News Reporter. It features Marilyn Sanders, DRS VS Trainer. Dana Tallon wrote the story for this presentation.

Ms. Harlan commented that both stories turned out very well considering, when the notice is received that filming is going to be done, usually there are only a couple of hours to get everything together for the filming opportunity.

Comments from the Commission:
The two above shared videos
Commissioner White thanked Ms. Harlan for sharing the videos. He asked the audience “Doesn’t it give you a sense of pride being involved with and a part of an agency helping people with disabilities?”


 

6.

Financial report as of January 31, 2009

Cheryl Gray,
Chief Financial Officer

In absence of Ms. Gray, Mr. Kevin Statham, Financial Services Administrator, presented the Financial Status Report. The written Financial Status Report for begins on page 1 of the March 2010 Commission Meeting packet . Mr. Statham reviewed the All Programs Agency Summary as January 31, 2010 and asked for any questions or comments.

• Total Budget for the agency is $137,125,705.00
• Expenditures Year to Date are $61,867,019.36
• Percentage Expended is 45.1%
• Total Encumbrances are $66,492,778.28
• Percentage of the Budget used as of end of January 93.6%
• The previous month percentage of budget used was 93.4%.

Comments from the Commission:
Commissioner White commented that it would appear there is enough budget to end up the year. It looks like we are well within the 7/12 budget appropriation.

Commissioner White asked about the increase in travel expenses.

Director O’Brien explained that the increase is due to the ARRA meetings and more DRS Staff attending these and other meetings.

Packet document (opens in a new window): DRS Financial Status Report January 2010
 

7.

Report from Management Services Division

Goli Dunkle,
MSD Administrator

In the absence of Ms. Dunkle, the Personnel Activity Report for February 2010 was presented by Ms. Joanie Batty, HR Programs Director. The written report is available on page 8 of the March 2010 Commission Meeting packet. Ms. Batty reviewed this report and asked for any questions or comments.

Comments from the Commission:
Commissioner White referred to page 12, and asked for a definition of a SWIP position?

Ms. Batty – State Work Incentive Program (SWIP) appointments are two year limited appointments. If there is a classified position available and if funding is available, this temporary position can be moved into an FTE position. The SWIP appointee can apply for the position. If this position is not filled, duties are shifted to accommodate the duties of this temporary person.

Director O’Brien - SWIP appointments are training positions designed to give people with disabilities a chance to gain job skills and work experience. The appointments know ahead of time this is a two year training position, as is true with Executive Fellow positions.

Commissioner White asked if funding for these positions is out of operating budget.

Director O’Brien confirmed that they were.

Packet document(opens in a new window): Personnel Activity Report February 20100
 

8.

Legislative Report

Kevin Nelson
Legislative Liaison

The written Legislative Report is available on page 14 of the March 2010 Commission Meeting packet.

• Governor Brad Henry and the leadership of the House of Representatives and the Senate reached an agreement to finalize the FY2010 Budget. Governor Henry has signed the Supplemental Appropriation Bill. The agreement calls for $223.5 million to be used for FY2010 Budget; and another $223.5 million to be used for FY2011 Budget. That will leave $149 million for future fiscal years.
• The Agreement will allocate $1.2 million for Rehabilitation Services out of these Supplemental Appropriations. The agency will take the FY2010 Supplement Appropriations and decide how to use it. DRS is currently working with the House and Senate staff and with OSF to explain how these funds will be used.
• Both the House and the Senate Committee deadlines for passage of non-appropriated bills out of committee have come and gone. DRS is currently tracking 450 bills.
• Bills added to the watch list:
• HB 2310 originally a shell bill, however, language has been added to consolidate, in OSF, payroll functions, accounts payable, accounts receivable and purchasing. This is an attempt to bring some savings to the Budget. DRS and other agencies are opposed to this bill because it does not recognize the efficacy each agency already has in place. It will most likely call for some administrative consolidation. It will be hard to oppose this bill because it shows to save the state money.
• HB 2318 creates “Oklahoma State Government Modernization and Technology Act of 2010” which seeks to establish a statewide policy for social media. This bill is likely to be the primary vehicle for addressing technology related issues this session.
• HB 2319 creates the “Task Force Accountability Act of 2010”, which would dissolve any task force that has not met or issued a final report within a three year period. This bill is the vehicle to dissolve some task forces.
• HB 3327 provides scholarships for special needs students, it did not get a hearing in committee. However, HB 3393 has made it out of committee with similar language.
• HB 3311 and SB 1849 requiring affirmative approval of agency rules made it out of committee. These bills are the number one priority of the Oklahoma Hospital Association, and the general consensus of the agency liaisons is that it will be very hard to kill. This will put the legislature in the position to affirmatively decide on agency rules and on how to implement agency policy. These include environmental regulations, abortion issues. This bill will most likely pass.
• HB 3385 is rumored to be the vehicle to implement a state wide program for voluntary buyouts (VOBO) funded by the legislature. Details on the plans are sketchy at this point, but the VOBO’s will be more than some agencies are authorized to offer, and it may require positions to be eliminated or frozen for up to three years, and the decision on whether to allow an employee to VOBO may rest outside the agency.
• HB 3393 came out of committee and passed on the House floor, it allows vouchering for special education children. There has not been a strong lobby against this bill as yet.
• SB 1597 limiting the term of state board and commission members was reported out of committee with title struck. There is a lot of opposition to this bill. We are still watching this one.

The next legislative deadline to report bills from the house of origin is March 11, 2010.

Comments from the Commission
Commissioner White - What are the components and opponents of having the voucher system?

Mr. Nelson – It will allow a child who has special needs and whose parents have limited income to send their special needs child to a private school using this voucher system.

Commissioner White – Are there private schools that are fanning the flames for this bill?

Mr. Nelson – No, not that I know of.

Commissioner White – Seems that a private school cannot benefit from this voucher system, because it usually costs more for a special needs child to attend a private school.
Mr. Nelson – This bill brings mixed emotions. To an extent this bill may highlight the fact that there is not enough money allocated to special education. It is difficult for a parent of limited income but ultimately it is a parent’s choice.

Commissioner Shelton – Where did the figure of $1.2 million for Supplemental DRS Appropriations come from?

Mr. Nelson – the legislature has what information DRS has submitted in regard to 5%, 7%, and 10% Budget Reduction scenarios all along the way. The second part was the legislature identifying what monies was available and what their priorities would be.

Director O’Brien – shared that he, Mr. Nelson, and Ms. Gray have made a point of letting the legislature know what the consequences will be regarding the needs of the agency and the circumstances that will follow due to the Budget Reductions. So this has been an informed choice on the part of the legislature to provide this Supplemental Appropriation to meet the needs of the agency.

Commissioner Kirk – Vouchers may be a thing of the future, in some respects may be an advantage to the DRS Schools.

Director O’Brien – Currently the funding that goes to the public school district does not follow the student to OSB/OSD. If students came with a voucher that would be a new experience for DRS. There may be an advantage to the DRS schools.

Commissioner White – regarding HB 1597, is this bill still active.
Mr. Nelson – Yes, it is the bill limiting terms for agency Commissioners. We will see if it passes.

Packet document (opens in a new window): Legislative Update
 

9.

Report from the Oklahoma Rehabilitation Council

Theresa Hamrick,
ORC Programs Manager

The written ORC Report for February, 2010 is available on page 16 of the March 2010 Commission packet. Ms. Hamrick reviewed this report and added

• State Plan is ongoing.
• A thank you to Marilyn Burr for all her work and development on the Optional Hiring webinar.
• Attended all the Public Hearings
• ORC Strategic Plan Meeting is scheduled for April 8, 2010. ORC will be deciding on what issues and projects they will take on.

Comments from the Commission
Commissioner White voiced his appreciation to the Council for its involvement with the agency, agency policy revision and being the watchdog for the agency, he appreciates everything else they do for clients and the community.


 

Action Items

10.

Review and Discussion with possible vote to approve the February 8, 2010, Commission for Rehabilitation Minutes

Kathleen Reed
Commission Assistant

The Commission for Rehabilitation Meeting Minutes for the month of February, 2010 begin on page 17 of the March 2010 Commission packet.

Motion to approve the February 2010 Commission Minutes as submitted – Commissioner Shelton
Motion seconded by Commissioner Kirk

Packet document (opens in a new window): February 2010 Commission Meeting Minutes
 

Kirk Voted: Aye  |  Shelton Voted: Aye  |  White Voted: Aye

Motion Passed
 

11.

Review and discussion with possible vote for Approval of Proposed Policy changes:
DRS Policy Chapter 1 – Administrative Operations
DRS Policy Chapter 3 – Management Services Division
DRS Policy Chapter 5 – Financial Services Division
DRS Policy Chapter 10 – Vocational Rehabilitation & Visual Services
DRS Policy Chapter 20 – Special Schools

Sandra Stokes,
PDPS Unit Administrator

Ms. Stokes reported that the Public Hearings have been held. Comments are available in the March 2010 Commission Packet. Proposed Policy changes are available beginning on page 26 of the March 2010 Commission packet. Ms. Stokes reviewed the following DRS Policy Changes and asked for questions and comments, and explained that the final documents are now coming back for approval.

• DRS Policy Chapter 1 – Administrative Operations
• DRS Policy Chapter 3 – Management Services Division
• DRS Policy Chapter 5 – Financial Services Division
• DRS Policy Chapter 10 – Vocational Rehabilitation & Visual Services
• DRS Policy Chapter 20 – Special Schools

Director O’Brien commented that one of the DRS staff members has been reviewing Policy Manuals from other states. He has received an e-mail from this individual notifying him that these agencies have Policy Manuals totaling 68 pages or less, he hopes that the DRS Policy Manual will eventually be about that size.

Comments from the Commission
Commissioner White shared that he diligently reviewed all 200 plus pages of policy proposal changes and is ready to move forward with the voting.

Commissioner White referring to page 136 Dental Services - Have there been issues regarding this, because most dental work done in a hospital is done by an oral surgeon.

Director O’Brien assured there is no issue here. There is other policy under Medical that covers this issue.

Motion to approve the Proposed DRS Policy changes – Commissioner Kirk
Motion seconded by Commissioner Shelton

Packet documents (open in a new window):
Executive summary for Policy Changes
Summary of Written Comments
ORC Comments
CAP comments
Policy Changes Since January Commission Meeting
Resolution 2010

612-10-1-10, 612-10-1-7, 612-10-3-5, 612-10-7-1, 612-10-7-101, 612-10-7-102, 612-10-7-103, 612-10-7-104, 612-10-7-105, 612-10-7-106, 612-10-7-109, 612-10-7-111, 612-10-7-112, 612-10-7-117, 612-10-7-130, 612-10-7-131, 612-10-7-142, 612-10-7-143, 612-10-7-145, 612-10-7-147, 612-10-7-150, 612-10-7-151, 612-10-7-152, 612-10-7-153, 612-10-7-154, 612-10-7-157, 612-10-7-159, 612-10-7-161, 612-10-7-162, 612-10-7-163, 612-10-7-164, 612-10-7-168, 612-10-7-169, 612-10-7-2, 612-10-7-220, 612-10-7-230.1,   612-10-7-230.2, 612-10-7-230.3, 612-10-7-230.4, 612-10-7-230.5, 612-10-7-230, 612-10-7-27, 612-10-7-28, 612-10-7-29, 612-10-7-3, 612-10-7-30, 612-10-7-32, 612-10-7-33.1, 612-10-7-33, 612-10-7-47, 612-10-7-49, 612-10-7-6, 612-10-7-62, 612-10-7-87, 612-10-7-88, 612-10-7-98, 612-1-17-1, 612-1-3-10, 612-1-3-2.1, 612-1-3-2, 612-1-3-3, 612-1-3-8.1, 612-1-5-4.2, 612-20-2-11, 612-20-2-14, 612-20-2-16, 612-20-2-17, 612-3-1-3, 612-3-3-20, 612-3-5-12, 612-3-5-13, 612-3-5-30, 612-5-1-1, 612-5-1-2, DRS-3-3-29, DRS-3-3-73, DRS-3-3-99, DRS-3-7-1, DRS-3-7-13, DRS-3-7-14, DRS-3-7-15, DRS-3-7-16, DRS-3-7-2, DRS-3-7-26, DRS-3-7-27, DRS-3-7-28, DRS-3-7-29, DRS-3-7-3, DRS-3-7-30, DRS-3-7-40, DRS-3-7-41, DRS-3-7-42, DRS-3-7-43, DRS-3-7-44, DRS-3-7-45, DRS-3-7-46, DRS-3-7-47, DRS-3-7-48, DRS-3-7-49, DRS-3-7-50, DRS-3-7-51, DRS-5-11-1, DRS-5-13-1, DRS-5-3-1, DRS-5-5-1, DRS-5-7-1, DRS-5-9-1.
 

Kirk Voted: Aye  |  Shelton Voted: Aye  |  White Voted: Aye

Motion Passed
 

12.

Review and discussion with possible vote for Approval of a Lease/Purchase Agreement for the Purchase of Library Shelving for the OLBPH Digital Transition

Susan Hawkins,
Field Services Coordinator

The proposal was presented by Paul Adams, OLBPH Program Manager.

This item was on the OLBPH Capital Improvement Request List for the last three years. With the Library of Congress rollout , the OLBPH is now out of shelf space. Mr. Adams, consulted with Kevin Statham – FSD Administrator and they have come up with a lease/purchase plan that will enable the Library to obtain the much needed shelving.

The proposal is to have a Lease/Purchase Agreement that will allow OLBPH to pay $4,284 for 60 months for a total of $257,428.80. The monthly payments will be budgeted into the OLBPH’s Budget each fiscal year. Almost half of the OLBPH’s budget goes to pay for braille books. This proposal has to go to the State Bond Advisory Board, to do this a letter is needed from the Commission approving this lease/ purchase agreement. Central Purchasing Department is also involved so there is a double need for the approval letter. Funding should be out of the Operating Funds of OLBPH, price does include installation.

Comments from the Director
Director O’Brien – The bottom line is that for the last three years this project has been included on the Capital Improvements List that goes to the Legislature, and the allocation has not been received. The Legislature has also been pushing Lease/Purchase Options. Director O’Brien doesn’t see any other way to get this task completed.

Motion to approve a Lease/Purchase Agreement for the Purchase of Library Shelving for the OLBPH Digital Transition – Commissioner Shelton
Seconded by Commissioner Kirk

A letter from the Commission is needed to so it can be presented to the State Bond Advisory Board and to Central Purchasing. Ms. Reed will compose this letter for signature by the Commission Chair and forward it to Mr. Adams.


 

Kirk Voted: Aye  |  Shelton Voted: Aye  |  White Voted: Aye

Motion Passed
 

13.

Review and Discussion with possible vote for Larry Hawkins Approval of E-Rate Resolution that the Governing Board for the Oklahoma School for the Deaf Authorize the filing of FCC Form 471.

Larry Hawkins,
OSB/OSD Superintendent

The written Executive Summary is available on page 260 of the March 2010 Commission packet. The Resolution is available on page 261.

Motion to approve the E-Rate Resolution that the Governing Board for the Oklahoma School for the Deaf Authorize the filing of FFC Form 471 – Commissioner Kirk
Seconded by Commissioner Shelton

A copy of the March 2010 minutes and a copy of the notarized Resolution needs to be provided to Mr. Hawkins. Ms. Reed will notarize the Resolution, transcribe the minutes and send a copy of both to Mr. Hawkins as soon as possible.

Packet document (opens in a new window): E-Rate Resolution
 

Kirk Voted: Aye  |  Shelton Voted: Aye  |  White Voted: Aye

Motion passed
 

14.

Review and Discussion with possible vote for Approval of Donations to the Oklahoma School for the Blind

Larry Hawkins,
OSB/OSD Superintendent

The written OSB Executive Summary is available on page 262 with the Donation Report on page 263 of the March 2010 Commission Packet.

Motion to approve the donations to the Oklahoma School for the Blind - Commissioner Shelton
Motion seconded by Commissioner Kirk

Packet documents (opens in a new window): OSB Executive Summary Donation Report and OSB FEB 2010 Donations Report
 

Kirk Voted: Aye  |  Shelton Voted: Aye  |  White Voted: Aye

Motion Passed
 

15.

Review and Discussion with possible vote for Approval of Donations to the Oklahoma School for the Deaf

Larry Hawkins,
OSB/OSD Superintendent

The written OSD Executive Summary is available on page 264 with the Donation Report on page 265 of the March 2010 Commission Packet

Motion to approve the donations to the Oklahoma School for the Deaf – Commissioner Kirk
Motion seconded by Commissioner Shelton

Packet documents: OSD Executive Summary Donation Report and OSD February 2010 Donation Report
 

Kirk Voted: Aye  |  Shelton Voted: Aye  |  White Voted: Aye

Motion Passed
 

16.

New Business

 
 

ANNOUNCEMENTS
Being none, Commissioner White moved to new business.

NEW BUSINESS
Commissioner White called for any new business.
Being none, Commissioner White entertained a motion to adjourn


 

Kirk Voted: None Taken  |  Shelton Voted: None Taken  |  White Voted: None Taken

No action was taken
 

17.

Adjournment

Date and location of next regular meeting of the Commission for Rehabilitation Services:

Monday, April 12, 2010, 10:00 a.m.
Department of Rehabilitation Services
State Office, 3535 NW 58th Street, 2nd Floor
Oklahoma City, Oklahoma 73112

 
 

Motion to adjourn the meeting - Commissioner Shelton
Motion seconded by Commissioner Kirk

Meeting adjourned at 11:20 a.m.


 

Kirk Voted: Aye  |  Shelton Voted: Aye  |  White Voted: Aye

Motion Passed