2023 New York Laws › EXC - Executive › Article 20 - Protection of People With Special Needs › 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.