§ 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\npersons who are deaf, deaf-blind, or hard of hearing. 1. Subject to an\nappropriation, the justice center shall have the central responsibility\nfor administering the provisions of this section and otherwise\ncoordinating the activities of the state interagency coordinating\ncouncil for services to persons who are deaf, deaf-blind, or hard of\nhearing with respect to serving residents of the state who are deaf,\ndeaf-blind, or hard of hearing, in consultation with the office of\nchildren and family services, the office for the aging, the public\nservice commission, the department of health, the department of labor,\nthe department of education, and other state agencies as appropriate.\nThe council shall meet a minimum of three times a year.\n 2. The following definitions describe the functional characteristics\nof persons who are deaf, deaf-blind, or hard of hearing, as used in this\nsection.\n (a) Deaf. Describes persons who have a profound hearing loss and who\nprimarily rely on visual communication, such as sign language, writing,\nlip reading, and gestures, which may be used exclusively or in\ncombination. Such persons generally use a form of American sign language\nas their primary mode of communication. In addition, there is a group of\nprofoundly deaf individuals who communicate orally and may use sign\nlanguage to support their understanding of the spoken language. Hearing\naids and other assistive technology may also be used to aid in\ncommunication.\n (b) Deaf-blind. An individual with a concomitant hearing and visual\nimpairment, the combination of which causes such severe communication\nand other developmental and educational problems that the individual\ncannot be accommodated in programs for individuals who are solely deaf\nor blind.\n (c) Hard of hearing. A hard of hearing person is someone with a\nmeasurable hearing loss and who self-identifies as being hard of\nhearing, although audiologically he or she may have a profound hearing\nloss. Additionally, this person typically uses his or her residual\nhearing, speech and speech reading skills, and hearing aids to\ncommunicate; he or she may rely on assistive listening devices to\naugment his or her ability to hear and speak.\n 3. Subject to an appropriation, the justice center shall have the\nfollowing powers and duties:\n (a) To coordinate the activities of the state interagency coordinating\ncouncil and to promote, in cooperation with the appropriate state\nagencies, the implementation of a comprehensive statewide program of\ncoordinated services for persons who are deaf, deaf-blind, or hard of\nhearing that includes educational, medical, housing, transportation,\ntechnology supports, personal care, family supports, day program\nservices, and other essential services that maximize existing resources\nand administrative mechanisms to address issues and legal obligations.\n (b) To maintain data on the incidence of deafness, deaf-blindness, and\nother hearing loss.\n (c) To serve as a clearinghouse for information on services available\nto persons who are deaf, deaf-blind, or hard of hearing, including, but\nnot limited to, resources that support the development and\nimplementation of community-based services and rehabilitation.\n (d) To disseminate general information on deafness and the unique\ncommunication needs of persons who are deaf, deaf-blind, and hard of\nhearing, and to inform the deaf, deaf-blind, and hard of hearing\ncommunities about available services and how such services can be\naccessed.\n (e) To receive complaints in matters affecting the deaf, deaf-blind,\nor hard of hearing communities and to refer such complaints to the\nappropriate regulatory agencies where it deems necessary or appropriate.\n (f) To conduct an ongoing evaluation of the needs of the deaf,\ndeaf-blind, and hard of hearing communities, including technology needs.\n (g) To report to the governor and the legislature, on or before\nNovember first of each year, on matters which shall include, but not be\nlimited to:\n (i) the status of current efforts to achieve the purposes of this\nsection, which will be updated in subsequent reports; and\n (ii) recommendations for standards, policies, procedures, and\nstrategies necessary to assure communication accessibility and\ncommunity-based services, including needed statutory revisions.\n 4. (a) Subject to an appropriation, the state interagency coordinating\ncouncil for services to persons who are deaf, deaf-blind, or hard of\nhearing is hereby established and shall consist of the following persons\nto be appointed by the governor:\n (i) seven agency heads or their designees, acting in an ex officio\ncapacity: the executive director of the justice center, who shall serve\nas the chair of the state interagency coordinating council, the\ncommissioner of the office of children and family services, the director\nof the office for aging, the chair of the public service commission, the\ncommissioner of health, the commissioner of labor, and the commissioner\nof education;\n (ii) six persons who are residents of New York state and who shall be\npersons who are deaf, deaf-blind, or hard of hearing, one of whom shall\nbe appointed on the nomination of the temporary president of the senate,\none of whom shall be appointed on the nomination of the speaker of the\nassembly, one of whom shall be appointed on the nomination of the\nminority leader of the senate, and one of whom shall be appointed on the\nnomination of the minority leader of the assembly; and\n (iii) two persons who are residents of New York state and who are\nrepresentatives of the public and have a demonstrated expertise and\ninterest in the needs of persons who are deaf, deaf-blind, or hard of\nhearing.\n (b) Of the eight persons appointed pursuant to subparagraphs (ii) and\n(iii) of paragraph (a) of this subdivision, two shall serve for a term\nof one year, two shall serve for a term of two years, and two shall\nserve for a term of three years, as determined by the governor.\nSubsequent appointments upon the expiration of term shall be for a term\nof three years and shall be filled in the same manner as the original\nappointment.\n (c) The eight members of the state interagency coordinating council\ndescribed in subparagraphs (ii) and (iii) of paragraph (a) of this\nsubdivision shall receive no compensation for their services, but shall\nbe allowed their actual and necessary expenses incurred in the\nperformance of their duties pursuant to this section, subject to the\napproval of the justice center.\n 5. Subject to an appropriation, the state interagency coordinating\ncouncil is charged with recommending long range strategic objectives,\ngoals, and priorities for promoting the availability of a comprehensive\nstatewide program of coordinated services for persons who are deaf,\ndeaf-blind, or hard of hearing that is consistent with subdivision one\nof this section. It shall also provide advice on the planning,\ncoordination, and development of needed services and technology,\nincluding the manner in which such services shall be funded or otherwise\nsupported.\n