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Department of Assistive and Rehabilitative Services Council
Criss Cole Rehabilitation Center
4800 North Lamar Boulevard
Austin, Texas
Friday, April 26, 2013
MINUTES
Members Present:
Lee Chayes, Chair
Don Roy, Vice-Chair
David Coco, Ph.D.
Judy Scott
Diego Demaya
Jon Arnold
Tom Fordyce
Thomas Grahm, M.D.
Member Absent:
Berkley Dyer
Welcome and Introductions
Chair Lee Chayes called the meeting to order at 9:04 a.m. Members of the Council
and staff introduced themselves.
Public Comments – General
No public comments were received.
Approval of Minutes
Members reviewed the minutes of the January 25, 2013, Council meeting.
Motion
Members approved the minutes of the January 25, 2013, Council meeting as
presented.
Made by: Tom Fordyce
Second: Jon Arnold
The motion passed unanimously.
Commissioner’s Update
Commissioner Debra Wanser was unable to attend the Council meeting due to
legislative commitments. Deputy Commissioner Glenn Neal presented the
Commissioner’s update, which included the following information:
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Legislative Session Update
o Members of the Appropriations Conference Committee
o Timelines for the remainder of the legislative session
o Status of exceptional items request
Rollout of ReHabWorks for the Division for Blind Services (DBS), which was
completed in February 2013 - During the post implementation phase,
information technology staff members will focus on high-priority change requests
identified by program staff.
Status of the ReHabWorks audit by the State Auditor’s Office - DARS has
resolved 18 of the 22 recommendations cited in the audit report. The remaining
four recommendations are scheduled to be completed by September 2013.
Consolidation of Health and Human Services (HHS) consumer procurement
functions - DARS and other HHS agency procurement staff began reporting to
the Health and Human Services Commission (HHSC) deputy executive
commissioner of procurement effective April 1, 2013.
Comprehensive Rehabilitation Services (CRS) - Early in FY 2013, the demand
for CRS program services continued at a high level and the cost to complete
services for consumers carried over from FY 2012 as well as consumers
brought into service in FY2013 resulted in the agency having to reestablish a
waiting list for services. DARS is working with HHSC to identify additional
funding to continue to serve those consumers currently in the CRS program.
Staff changes:
o John Reynolds retired as director of programs management-south.
o Tammy Ames has been hired as Mr. Reynolds’ replacement.
o Dr. Suzanna Hupp has assumed the new position of Associate
Commissioner for Veterans’ Services at the Health and Human Services
Commission.
Get Fit Texas - The first annual Get Fit Texas State Agency Physical Activity
Challenge encouraged all state agency employees to be physically active for at
least 30 minutes a day, 5 days a week during the 10-week challenge, which
began January 14. DARS placed second in the statewide agency challenge with
36 percent, or 1,091 employees completing the challenge.
State Employee Charitable Campaign - DARS employees demonstrated their
community spirit and generosity during the campaign. Twenty-five percent of
DARS employees participated in the charitable campaign and pledged $91,376.
Presentations
Kim Wedel, assistant commissioner for early childhood intervention (ECI) services,
provided an overview of the program’s history and how services are delivered to
children with developmental delays in Texas.
The ECI Program has 51 contractors whose employees deliver services to ECI
families. These employees work closely with local community centers, school
districts, educational service centers, and other nonprofits in providing services for
these children. Children are given a comprehensive evaluation that includes not
only a formal evaluation in five domains, but also a functional evaluation that
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assesses the child’s life with his or her family and with the community. This
approach helps children and their families integrate techniques and learning skills
so the child can develop in his or her own way.
After Assistant Commissioner Wedel gave her presentation, the mother of a child
who received ECI services told her story about the benefits of ECI for her son and
their family.
Rules
Proposed rule amendments for Texas Administrative Code, Title 40, Part 2,
Chapter 108, Division for Early Childhood Intervention Services
Background: HHSC, on behalf of DARS, proposes amendments, repeals, and
new rules for Texas Administrative Code, Title 40, Part 2, Chapter 108, Division
for ECI Services.
Summary: DARS proposes amendments to Subchapter A, General Rules;
Subchapter B, Procedural Safeguards and Due Process Procedures; Subchapter
C, Staff Qualifications; Subchapter G, Referral, Pre-Enrollment, and
Developmental Screening; Subchapter J, Individualized Family Service Plan
(IFSP); Subchapter K, Service Delivery; and Subchapter L, Transition.
DARS also proposes the repeal of Subchapter H, Eligibility; Subchapter I,
Evaluation and Assessment; Subchapter M, Child and Family Outcomes;
Subchapter O, Public Outreach; and Subchapter P, Contract Requirements.
Additionally, DARS proposes new Subchapter F, Public Outreach; new
Subchapter H, Eligibility, Evaluation, and Assessment; new Subchapter M, Child
and Family Outcomes; and new Subchapter P, Contract Requirements, as
replacements for the repealed chapters. The repeals and new rules with respect
to Subchapters H, I, M, O, and P are being proposed as the result of DARS’
review of these subchapters in accordance with Texas Government Code,
Section 2001.039, which requires rule review every four years.
Partners and Stakeholders: Feedback from partners and stakeholders,
including feedback gathered through a series of regional contractor
meetings last year, contributed to the drafting of these proposed rule
amendments. In addition, DARS ECI provided contractors an opportunity
to submit feedback on the initial draft of the proposed rules.
Public Comments: The public will have an opportunity to comment on
this proposal when it is posted on the DARS ECI website in April. An
additional public comment period begins when the proposed rules are
posted in the Texas Register in late May 2013.
Motion: Recommend HHSC approval for publication of the proposed rules and
preamble in the Texas Register.
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Made by: Judy Scott
Second: Dr. David Coco
The motion passed unanimously.
David Hagerla, Director of the Center for Policy and External Relations, presented
updates on rules previously posed to the Council.
Absence of Member
Mr. Fordyce excused himself from the meeting at 10:40 a.m.
Break
The Council was in recess from 10:40 a.m. to 11:00 a.m.
Staffing Update
Chief Operating Officer Alvin Miller provided an update on workforce demographics,
turnover, retirements, compensation, and teleworking data.
HHSC Hiring Freeze
HHSC implemented a hiring freeze effective January 20, 2010. Vacant positions in
areas that provide direct service delivery continue to be filled with approval from
Commissioner Wanser. Other vacant positions considered critical to maintain client
services can be filled with approval from Executive Commissioner Dr. Kyle Janek.
HHSC Salary Freeze
In addition to the hiring freeze, HHSC has limited its one-time and regular merit salary
actions. The Executive Commissioner has given approval for HHS agencies to award
limited merit payments during each of the past two fiscal years.
DDS Hiring Freeze
The Social Security Administration (SSA) implemented a hiring freeze effective
September 1, 2010. DDS has not been allowed to fill vacant positions from external
applicants since this time. To address workload demands, DDS transfers employees to
fill critical vacant positions. In addition, DDS has streamlined and redesigned business
processes.
Even with increases in disability claims in federal fiscal years 2011 and 2012, the DDS
staff has maintained timeliness and accuracy standards and was awarded the SSA
Commissioner’s Citation for outstanding work in federal fiscal year 2012.
DARS Career Ladder Program
The career ladder program is a performance-based compensation plan. Employees in
career ladder positions can advance when they meet specific qualifications. Effective
July 2012, DARS eliminated 47 of the 64 career ladder positions. The only positions
retained were those that:
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Involve direct service delivery
Require extensive DARS-specific training and other education and skills not
available to the general labor market
Some career ladders increased the years of experience required to advance to the next
level to better reflect the expertise necessary to deliver high-quality services. In FY
2013, DARS will implement more detailed competency requirements for advancing on a
career ladder.
Legislative Update
Deputy Commissioner Glenn Neal provided an overview of current and future legislative
activities, as well as legislation that DARS is tracking. DARS is tracking 534 bills. The
department has assigned 233 bills for analysis and placed 301 bills on the watch list.
Bills of particular interest to DARS include:
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HB 489 – Relating to the use of animals that assist persons with disabilities;
providing criminal penalties
HB 617 – Relating to transition and employment services for public school students
enrolled in special education programs
HB 2072 – Relating to services for persons who are deaf or hard of hearing and to
licensing requirements for interpreters for persons who are deaf or hard of hearing
HB 3587 – Relating to the establishment of the Texas Early Learning Council
SB 128 – Relating to criminal history record information concerning certain
applicants and clients of DARS
SB 512 – Relating to the specialized telecommunication assistance program (STAP)
SB 1060 – Relating to ECI’s family cost-share provisions
SB 1620 – Relating to certified communication access realtime translation providers
Financial Update
Chief Financial Officer (CFO) Mary Wright was unable to attend the Council meeting
due to legislative commitments. Council reviewed the budget report and was asked to
submit any questions to staff. A copy of the CFO’s report will be sent to the Council.
Consumer Satisfaction Surveys
Deputy Commissioner Glenn Neal provided an overview of the consumer satisfaction
survey results for the Vocational Rehabilitation (VR) and Independent Living (IL)
programs, which were provided to the Council in their briefing book. Additional
information was provided regarding how the surveys were conducted.
Advisory Council Reports
Mr. Demaya reported that he has been involved in mentoring workshops with DBS.
Ms. Scott said that she participated in community workshops focused on using certain
types of equipment and communication businesses to ensure individuals have
accessible telephones and systems in the event of an emergency. The American
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Foundation for the Blind is partnering with DBS in hosting a conference in Waco to
make people more aware of visual impairment and resources available to them.
Mr. Roy attended the Rehabilitation Council of Texas (RCT) meeting in January. At that
meeting, an overview of the fall conference of the Council of State Administrators for
Vocational Rehabilitation was provided. Of special interest was an update on a State
Rehabilitation Council meeting where the emphasis was on practices that worked best
for state rehabilitation councils. The practices included:
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A full day of training for members
Members having a mentor for one year
Targeted recruitment
Recognition of the value that council members contribute
Clear mission statements
Recognition of consumers
Mr. Roy participated in breakout sessions of the Program Planning and Review
Committee and the Advocacy and Education Committee.
Mr. Arnold reported that he and Mr. Fordyce, along with Commissioner Wanser, met
with Dr. Suzanna Hupp, Associate Commissioner for Veterans’ Services for the Health
and Human Services Commission. Dr. Hupp will lead a multi-agency effort to strengthen
services for veterans. She has been doing field outreach and visiting various areas of
the state to learn about what services are provided for veterans and which areas need
new or improved programs. Some areas being studied are:
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Providing information and resources to veterans
Investigating organizations to find out what services are provided to veterans
Dr. Hupp advocates providing a link on all state agency websites to provide information
about the agency’s services for veterans. Phone applications and phone numbers for
services such as mental health assistance, general assistance, and female-veteran
programs also are being explored as possible available resources.
Dr. Coco reported that he attended the Rehabilitation Council of Texas (RCT) meeting
in April and that the council still is working on recruiting potential members. Dr. Coco
also participated in a breakout session focused on developing the annual report in
conjunction with DARS staff. Discussion focused on the message put forth in the report,
not only in words but also pictorially, and brought up questions such as:
 Should photos show staff or consumers?
 Should photos reflect a diversity of disabilities?
The discussion arose because the format of the annual report influences how the public
views the RCT, its connection with DARS, and the consumers served. Additionally,
there was discussion about how best to make the annual report accessible.
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Dr. Coco also attended a national conference of the Association of Medical
Professionals with Hearing Loss, which was hosted by the Texas School for the Deaf.
One goal of the conference is to provide attendees and association members with an
opportunity to support one another. The association also recruits and provides
opportunities for students and others with hearing impairments to choose medicine as
their profession.
Mr. Arnold reported that he attended a beeping Easter egg hunt for children who are
visually impaired or blind. This event is sponsored by DBS, along with a fraternity and
the Delta Gamma sorority from Texas State University. The consumers were walked
through the Easter egg hunt, and there was a barbecue for all the families to enjoy.
Future Meetings
Future meetings of the DARS Council are scheduled as follows:
July 26, 2013
October 25, 2013
Austin
Houston
Adjournment
Motion: To adjourn the meeting.
Made by: Diego Demaya
Second: Judy Scott
The motion passed unanimously, and the meeting adjourned at 12:00 p.m.
Submitted by,
Diane Vivian
Executive Assistant to the Commissioner