N.J. Admin. Code § 10:91-1.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:91-1.8 - Legal authority to provide services

(a) The Commission for the Blind and Visually Impaired operates under State and Federal laws. These include the State legislation which created the Commission and made it a division of the Department of Human Services, as well as the Federal Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq., and the Education for All Handicapped Children Act of 1975 as amended by the Individuals with Disabilities Education Act, 20 U.S.C. § 1413(a)(12).

(b) Pursuant to 30:6-1 et seq., the Commission for the Blind and Visually Impaired is legally authorized to:

1. Maintain a register of all blind individuals within the State;

2. Fund and provide vocational training;

3. Pay for medical and surgical treatment;

4. Study the causes of blindness and undertake prevention programs;

5. Administer a vending stand program;

6. Provide instruction and facilitate least restrictive educational programs for blind and visually impaired children; and

7. Promote the sale and distribution of products made by people who are blind and visually impaired.

(c) The Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq., is the Federal statute governing the State administration of Federally funded vocational rehabilitation services.

(d) In the State Plan submitted by the Department of Human Services, the Commission is designated the "sole state agency for the blind" in New Jersey. This designation means that the Commission is the only State agency which is legally authorized to provide vocational rehabilitation services to persons who are blind and visually impaired.

(e) The New Jersey Department of Labor, Division of Vocational Rehabilitation Services (DVRS), and the Commission share the Federal VR Grant annually allotted to New Jersey. The Commission and DVRS have a written agreement pursuant to 34 CFR 361.5. to clarify what agency will be responsible for client services. A copy of the agreement may be obtained by contacting the Commission's Administrative Office at 153 Halsey Street, P.O. Box 47017, Newark, New Jersey 07101.

(f) The Education of All Handicapped Children Act of 1975, as amended by the Individuals with Disabilities Education Act, 20 U.S.C. § 1413(a)(12), is the Federal statute guaranteeing children with disabilities, ages three through 21, a "free appropriate public education emphasizing special education and related services." The IDEA and its implementing regulation to apply to all agencies having direct or delegated authority for the education of children with disabilities regardless of whether they receive funds under the Act. In New Jersey, these agencies include the New Jersey Department of Education, local school districts, State-operated facilities and the Commission.

N.J. Admin. Code § 10:91-1.8

Amended by R.2000 d.313, effective 8/7/2000.
See: 32 N.J.R. 1482(a), 32 N.J.R. 2902(a).
In (b), changed Rehabilitation Act Amendments reference.
Amended by R.2001 d.349, effective 10/1/2001.
See: 33 N.J.R. 2066(a), 33 N.J.R. 3449(a).
In (a), rewrote the second sentence; in (f), substituted "1997" for "1990" and "Pub.L. 105-17" for "P.L. 1010-476".
Amended by R.2005 d.379, effective 11/7/2005.
See: 37 N.J.R. 2343(a), 37 N.J.R. 4261(a).
In (a), (c), and (f), the numbers of the public laws were deleted and replaced with U.S.C. citations.
LAW REVIEW AND JOURNAL COMMENTARIES:
Education--Administrative Law--Disabilities. Judith Nallin, 134 N.J.L.J. No. 8, 70 (1993).