§ 7929 — Division for the Visually Impaired

Delaware § 7929

• Jurisdiction: Delaware
• Title: 29
• Part: Departments of Government
• Ch. 79: DEPARTMENT OF HEALTH AND SOCIAL SERVICES
• Subch.: Establishment and Organization of Department

Text

(a) The Division for the Visually Impaired (“Division”) has the power, duties, and functions necessary to provide services for persons with blindness and persons with visual impairment, including the powers, duties, and functions under this section, Chapter 21 of Title 31, and Chapter 23 of Title 31 [repealed.].

(b) The Division may establish, monitor, and oversee the operation of business programs for the purpose of providing training and employment for Delaware residents who are visually impaired under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.). The business programs are known collectively as the “Business Enterprise Program” and may include vending, retail food services, meal preparation and distribution, concession stands, or other business programs that the Director of the Division may deem appropriate.

(1) The Division may promulgate rules and regulations to implement and operate the Business Enterprise Program. The rules and regulations must include provisions relating to participant eligibility, personnel management, fiscal controls, marketing plans, and enforcement of production quality standards.

(2) A participant in the Business Enterprise Program is not an employee of the Business Enterprise Program and may continue in the program only under the rules of the program. Each participant shall adhere to the rules and regulations that the Division promulgates.

(c) The Director of the Division is an exempt employee, and must be knowledgeable and skilled in the field of services to the visually impaired and responsive to the needs and concerns of that population.

(d) This State accepts the provisions and benefits of the Vocational Rehabilitation Act of 1973 (P.L. 93-112) (29 U.S.C. § 701 et seq.), as amended. The Department of Health and Social Services is a designated state agency, with the Secretary of the Department as the State Officer and the Division of the Visually Impaired as a designated state unit for all moneys from the Act that are designated for persons with visual impairment or persons with blindness. This is defined in a cooperative agreement dated December 1985 among the Department of Labor, Division for the Visually Impaired, and the Division of Vocational Rehabilitation. The Department of Health and Social Services shall cooperate with the United States Department of Education, Rehabilitation Services Administration, and, in accordance with all state laws, prepare the state plan and carry out the Rehabilitation Act of 1973 and its amendments.

Legislative History

61 Del. Laws, c. 329, § 3 ; 69 Del. Laws, c. 291, § 172 ; 70 Del. Laws, c. 425, § 159 ; 73 Del. Laws, c. 310, § 17 ; 83 Del. Laws, c. 455, § 3 ; 84 Del. Laws, c. 233, § 59