N.Y. Executive Law § 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

persons who are deaf, deaf-blind, or hard of hearing. 1. Subject to an

appropriation, the justice center shall have the central responsibility

for administering the provisions of this section and otherwise

coordinating the activities of the state interagency coordinating

council for services to persons who are deaf, deaf-blind, or hard of

hearing with respect to serving residents of the state who are deaf,

deaf-blind, or hard of hearing, in consultation with the office of

children and family services, the office for the aging, the public

service commission, the department of health, the department of labor,

the department of education, and other state agencies as appropriate.

The council shall meet a minimum of three times a year.

2. The following definitions describe the functional characteristics

of persons who are deaf, deaf-blind, or hard of hearing, as used in this

section.

(a) Deaf. Describes persons who have a profound hearing loss and who

primarily rely on visual communication, such as sign language, writing,

lip reading, and gestures, which may be used exclusively or in

combination. Such persons generally use a form of American sign language

as their primary mode of communication. In addition, there is a group of

profoundly deaf individuals who communicate orally and may use sign

language to support their understanding of the spoken language. Hearing

aids and other assistive technology may also be used to aid in

communication.

(b) Deaf-blind. An individual with a concomitant hearing and visual

impairment, the combination of which causes such severe communication

and other developmental and educational problems that the individual

cannot be accommodated in programs for individuals who are solely deaf

or blind.

(c) Hard of hearing. A hard of hearing person is someone with a

measurable hearing loss and who self-identifies as being hard of

hearing, although audiologically he or she may have a profound hearing

loss. Additionally, this person typically uses his or her residual

hearing, speech and speech reading skills, and hearing aids to

communicate; he or she may rely on assistive listening devices to

augment his or her ability to hear and speak.

3. Subject to an appropriation, the justice center shall have the

following powers and duties:

(a) To coordinate the activities of the state interagency coordinating

council and to promote, in cooperation with the appropriate state

agencies, the implementation of a comprehensive statewide program of

coordinated services for persons who are deaf, deaf-blind, or hard of

hearing that includes educational, medical, housing, transportation,

technology supports, personal care, family supports, day program

services, and other essential services that maximize existing resources

and administrative mechanisms to address issues and legal obligations.

(b) To maintain data on the incidence of deafness, deaf-blindness, and

other hearing loss.

(c) To serve as a clearinghouse for information on services available

to persons who are deaf, deaf-blind, or hard of hearing, including, but

not limited to, resources that support the development and

implementation of community-based services and rehabilitation.

(d) To disseminate general information on deafness and the unique

communication needs of persons who are deaf, deaf-blind, and hard of

hearing, and to inform the deaf, deaf-blind, and hard of hearing

communities about available services and how such services can be

accessed.

(e) To receive complaints in matters affecting the deaf, deaf-blind,

or hard of hearing communities and to refer such complaints to the

appropriate regulatory agencies where it deems necessary or appropriate.

(f) To conduct an ongoing evaluation of the needs of the deaf,

deaf-blind, and hard of hearing communities, including technology needs.

(g) To report to the governor and the legislature, on or before

November first of each year, on matters which shall include, but not be

limited to:

(i) the status of current efforts to achieve the purposes of this

section, which will be updated in subsequent reports; and

(ii) recommendations for standards, policies, procedures, and

strategies necessary to assure communication accessibility and

community-based services, including needed statutory revisions.

4. (a) Subject to an appropriation, the state interagency coordinating

council for services to persons who are deaf, deaf-blind, or hard of

hearing is hereby established and shall consist of the following persons

to be appointed by the governor:

(i) seven agency heads or their designees, acting in an ex officio

capacity: the executive director of the justice center, who shall serve

as the chair of the state interagency coordinating council, the

commissioner of the office of children and family services, the director

of the office for aging, the chair of the public service commission, the

commissioner of health, the commissioner of labor, and the commissioner

of education;

(ii) six persons who are residents of New York state and who shall be

persons who are deaf, deaf-blind, or hard of hearing, one of whom shall

be appointed on the nomination of the temporary president of the senate,

one of whom shall be appointed on the nomination of the speaker of the

assembly, one of whom shall be appointed on the nomination of the

minority leader of the senate, and one of whom shall be appointed on the

nomination of the minority leader of the assembly; and

(iii) two persons who are residents of New York state and who are

representatives of the public and have a demonstrated expertise and

interest in the needs of persons who are deaf, deaf-blind, or hard of

hearing.

(b) Of the eight persons appointed pursuant to subparagraphs (ii) and

(iii) of paragraph (a) of this subdivision, two shall serve for a term

of one year, two shall serve for a term of two years, and two shall

serve for a term of three years, as determined by the governor.

Subsequent appointments upon the expiration of term shall be for a term

of three years and shall be filled in the same manner as the original

appointment.

(c) The eight members of the state interagency coordinating council

described in subparagraphs (ii) and (iii) of paragraph (a) of this

subdivision shall receive no compensation for their services, but shall

be allowed their actual and necessary expenses incurred in the

performance of their duties pursuant to this section, subject to the

approval of the justice center.

5. Subject to an appropriation, the state interagency coordinating

council is charged with recommending long range strategic objectives,

goals, and priorities for promoting the availability of a comprehensive

statewide program of coordinated services for persons who are deaf,

deaf-blind, or hard of hearing that is consistent with subdivision one

of this section. It shall also provide advice on the planning,

coordination, and development of needed services and technology,

including the manner in which such services shall be funded or otherwise

supported.