INTRODUCTION
The Association for the Education and Rehabilitation of the Blind and Visually Impaired (Alabama Chapter) takes great pleasure and pride in presenting this, the fourth issue of the Rights and Privileges of the Blind in Alabama.
The first issue of this publication was the brain child of Ms. Vera McClain, a rehabilitation teacher in Birmingham, Alabama. Ms. McClain was very ably assisted in her project by Leslie B. Adams, Jr., former law student and editor of the Law Review at Cumberland School of Law, Samford University in Birmingham.
This booklet was very well written and served its purpose until 1977. At that time the second issue of Rights and Privileges was developed because the Code of Alabama had been revised and reorganized in 1976. Don Sims, who at that time was the Vocational Rehabilitation Counselor for the Blind in Tuscaloosa, worked with David Brannen, Law Librarian, University of Alabama School of Law, to revise and rewrite the booklet.
When the two principle organizations of professional workers in the field of blindness merged in June 1983, President Tom Elliott felt that one of the high priorities of the new organization should be to revise the Rights and Privileges of the Blind document. To complete this task he appointed a committee consisting of Don Sims, Chairman, the late Danny McDaniel, Vera McClain, Mary Jean Sanspree, and Mark Voorhies to rewrite the document. After Mr. Elliott left office in 1984 his successor, Charles J. "Chuck" Delong left the committee intact and urged it to continue its efforts which resulted in the third edition.
The present document constitutes the fourth edition of this booklet and many resources have been utilized and many persons have contributed to it. In 1992, the AER Board asked Mr. Don Sims and Mr. Jim Stovall to review the third edition, make any necessary updates, and publish a revised fourth edition. Both the University of Alabama School of Law and the Cumberland School of Law have been provided copies of the document and their comments have been helpful in producing this latest edition. A number of attorneys in private practice have also examined the document and have provided invaluable input. Both Mrs. Lamona H. Lucas, Director, Division of Rehabilitation Services, State Department of Education, and Dr. Joseph Busta, President, Alabama Institute of Deaf and Blind have been extremely generous in providing time for staff to work on this project. The AIDB office of Health Evaluation and Outreach has been especially helpful in rewriting the section on admissions to the Alabama Institute for Deaf and Blind. The Alabama Instructional Resource Center for the Blind produced the document and contributed both time and expertise in the technical production of the Braille and large print documents and the taping of the audio version. Specifically, Mrs. Sherry Presley and Mrs. Brenda Haynes are to be commended for their efforts in producing this document. The Alabama Public Library Service is also to be thanked for agreeing to provide copies of the book on tape to its patrons.
It is very important for the user of this pamphlet to realize that it is not a list of federal laws nor does it deal with restrictions placed upon blind people by law. It is, however, a listing of the rights as guaranteed by a legal statute and the privileges as given by the statute and agency policy and mandate to blind and visually impaired citizens of Alabama. It is intended for the use of the layman and should be used as a general guideline only. AER recommends that when specific questions or problems arise readers should consult the appropriate state agency or a licensed attorney accredited by the Alabama Bar Association. To avoid inconvenience to the reader or their attorney the articles, sections, or chapters of the code revised 1976 to which each paragraph refers is listed in parentheses at the end of each paragraph. The Association for the Education and Rehabilitation of the Blind and Visually Impaired (Alabama Chapter) hopes this booklet will provide a means by which both professional and lay persons working with the blind and visually impaired to assist them in being certain that they are provided all rights and privileges due them under the law. It further hopes that blind and visually impaired citizens themselves will utilize this booklet in order to better understand, appreciate, and be aware of their rights and privileges as citizens of the state of Alabama.
ALABAMA'S LEGAL DEFINITION OF BLINDNESS
A "blind person" in the state of Alabama is a person who has no vision or whose vision is so impaired that the person cannot perform ordinary activities which require vision, even with the aid of glasses. This means that generally a person is considered blind if he has central visual acuity of 20/200 or less in his better eye with glasses. If, however, his central visual acuity is greater than 20/200 in his better eye, but his "peripheral field has contracted to such an extent that the widest diameter of the visual field subtends an angular distance no greater than 20 degrees," he is also considered legally blind. Sec. 1-1-3(A).
Either a duly licensed optometrist or a duly licensed ophthalmologist may certify blindness as defined above in order that a blind person may receive the rights and benefits to which he is entitled by law. Sec. 1-1-3(b).
The Department of Human Resources is not prevented by this section, however, from establishing a different definition of blindness in determining eligibility for its blind assistance program. Sec. 1-1-3(c).
RIGHTS OF THE BLIND
In order to encourage and enable the blind to participate fully in the social and economic life of the state (Sec. 21-7-1), the Code of Alabama specifically lists certain rights accorded the blind, which include, but are not limited to, the following:
Blind persons have the same right as the able-bodied to use freely the public roadways, public buildings, and other public places. Sec. 21-7-2.
Blind persons are entitled to full and equal accommodations, as well as privileges of common carriers such as buses, motor vehicles, airplanes, etc. Sec. 21-7-3.
Blind persons are entitled to full and equal access, as are other members of the general public, to housing accommodations offered for rent, lease or compensation, but an individual is not required by law "to modify his property" to aid the blind or "to provide a higher degree of care for a blind person". "Housing accommodations" means any real property or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more human beings, but shall not include any accommodations included within subsection (a) of this section or any single-family residence, the occupants of which rent, lease or furnish for compensation not more than one room therein. Nothing in this section shall require any person renting, leasing or providing for compensation real property to modify his property in any way or provide a higher degree of care for a blind person, visually handicapped person or other physically disabled person than for a person who is not physically disabled. Sec. 21-7-9(a-c).
Blind persons who have guide dogs are also entitled to full and equal access to housing accommodations, but these people will be "liable for any damage done to the premises by such guide dog". Sec. 21-7-9(d).
Blind persons "have all the rights and privileges conferred by law upon other persons" regardless of whether or not they carry a white or metallic cane (with or without a red tip) or are accompanied by a guide dog. Sec. 21-7-6 to 7.
Drivers of vehicles approaching a blind person who is carrying such a cane or is accompanied by a guide dog "shall take all necessary precautions to avoid injury to such blind pedestrian". Sec. 21-7-6.
Any driver who fails to take these precautions "shall be liable in damages for any injury caused" to the blind pedestrian, and the failure of the blind pedestrian to carry a cane (as described above) or use a guide dog "shall not be held to constitute nor be evidence of contributory negligence". Sec. 21-7-6 to 7.
Any individual who interferes with the rights or privileges of a blind person is guilty of a misdemeanor. Sec. 21-7-5.
ALABAMA EDUCATIONAL BENEFITS FOR DEPENDENTS OF BLIND PARENTS ACT (Sec. 16-33-1 to 12)
"Tuition benefits received under the provisions of this chapter shall be called `Alabama scholarships for dependents of blind parents`." Sec. 16-33-12.
"In any family where the head of the household is blind, and the family income is $8,000, or less per year, and there is
one child; or the family income is $9,200, or less per year, and there are two children; or the family income is $10,400, or less per year, and there are three children; or the family income is $11,600, or less per year, and there are four or more children, each such child may attend an Alabama state institution of higher learning, college, or university for a period of four standard academic years of nine months each, not to exceed thirty-six months total, without paying any instructional fees or tuition whatsoever for such college or university attendance, or any such child may take a prescribed course in any Alabama state trade school, for the length of any prescribed course of study of his or her choosing, without the payment of any instructional fees or tuition whatsoever. Training under this section must be initiated within two years after high school graduation, but in no case after the child's twenty-third birthday, and must be completed within five years after its initiation, except for delays caused by military service during the period, and in no case may training be received under this Act beyond the thirtieth birthday of such child."
To qualify for these benefits, a child must apply to the State Department of Education (Sec. 16-33-6), and produce the following:
Proof of permanent residency in the state of Alabama for at least five years prior to application;
Proof of eligibility under all terms of the statute;
Proof of qualifications and ability to pursue the course of study for which application is made. (Sec. 16-33-5).
These provisions are not to be construed as lowering the admission standards of any state school or institution for applicants qualifying under this section. To receive the benefits mentioned, the applicant must meet the scholastic and other requirements of the school he or she hopes to attend. If any other state or federal legislation provides benefits equal to or greater than those provided by this Act, the applicant will be ineligible for the benefits listed above.
Only an immediate child of a blind person may receive these benefits.
EDUCATION
ALABAMA INSTITUTE FOR THE DEAF AND BLIND
The Alabama Institute for the Deaf and Blind is a corporation located in Talladega, Alabama (Sec. 21-1-1). The Institute is the official state agency for conducting educational and training programs for the blind and visually handicapped. (Sec. 21-1-23). The Board of Trustees is authorized, (among other things):
to provide residential training programs throughout the state without time or age limitations on the participants (Sec. 21-1-8a); and
to employ teachers to provide home instruction to blind persons as long as they do not "undertake the permanent support or maintenance of any blind person". (Sec. 21-1-17). The Institute is required (among other things):
to "maintain a register of blind persons living in Alabama which shall describe the condition, cause of blindness, capacity for education and industrial training for each blind person registered..." (Sec. 21-1-16); and
to "maintain a bureau of information, to aid the blind, whose training is not otherwise provided for in finding employment, in developing home industries and in marketing their products" (Sec. 21-1-17); and
may also provide for training at the junior college level at the discretion of the Board of Directors (Sec. 21-1-9). The Institute provides services for both children and adults.
CRITERIA FOR ADMISSION
- The family of the prospective student must reside in the state of Alabama or be sponsored by another state through a contractual agreement.
The prospective student must be in the following age range:
Residential or Day Program - 3 years to 21 years
Parent Infant Program - Birth through 5 years
The prospective Alabama School for the Blind student must meet one of the following criteria related to the sensory handicap:
Blind-one, who after the best possible correction, has no usable vision; therefore, must rely upon tactile and auditory senses to obtain information.
Partially sighted-one who has a visual acuity of 20/70 or less in the better eye with best possible correction, has a peripheral field so restricted that it affects the student's ability to learn, or has a progressive loss of vision which may in the future affect the student's ability to learn.
The prospective student must be able to adjust socially and psychologically to the residential environment, presenting no deficits in adaptive behavior which would interfere with either their or other student's educational endeavors.
The prospective student must test no lower than Trainable Mentally Retarded. Subjective criteria and procedures indicated in statements (a) and (b) may be used when the severe impairment of the child indicates the assessment results require additional consideration.
Children will be considered for acceptance when potential is exhibited during the testing and observation periods as evidenced by progress in self-help areas (eating, dressing, responses to bathing, toileting schedule, etc.); adaptation to new environment (children, dorm staff, teachers): tolerance for change from one setting to another (dorm, dining hall, evaluation setting); and/or modification of undesirable and inappropriate behaviors as a result of planned interventions during evaluation periods, curiosity, initiative in exploratory play, willingness and/or acceptance of manipulation through gross motor activities presented during general evaluation routines (i.e., dressing, moving spoon toward mouth, etc.).
In the event that it is not possible to determine a level of intellectual functioning due to a child's inability to carry out tasks presented during psychological testing and educational evaluation, for any reason, including immaturity or emotional problems, acceptance on an extended evaluation basis may be considered if, in the opinion of the Admissions Committee, the child appears to be a suitable candidate for admission. In the case of the prospective student who exhibits severe emotional and behavioral problems, an extended evaluation may be required to bring about the behavioral changes necessary for the child to function effectively in a learning situation.
The prospective student must exhibit the following self-help skills:
schedule trained in toileting
accept solid foods
be able to finger feed and cooperate in bathing, dressing, and grooming
express his/her needs through natural gestures/signs /vocalizations
show a differential reaction to a familiar adult and accept tactual stimulation
As ascertained from a variety of sources, including intelligence test, physicals, adaptive behavior, and personal interviews and observations, the prospective student must demonstrate potential for academic learning, self-care and semi-independent functioning as an adult. A child will not be accepted if this potential cannot be demonstrated and it is obvious that continued care and supportive assistance will be required into adulthood.
Due to the residential nature of the program and the fact that P.L. 94-142 does not require an agency to provide medical care, children with significant problems cannot be considered for admission to the residential program. Since the Institute assumes a twenty-four (24) hour responsibility for its students, students with significant medical problems would require medical attention which goes beyond the mission of the Institute and the requirements of P.L. 94-142. Significant problems do not refer to problems not usually associated with Rubella syndrome. Significant problems can include, but not be limited to, planned hospitalization for twenty days or more during any 180 day period, chronic moderate to severe respiratory difficulties, semi-consciousness and/or the requirement of sustained medical support services beyond the capability of the Institute's Infirmary, and seriously emotionally disturbed children who are so disruptive that they require hospitalization and constant medical care and treatment by a psychiatrist.
PLACEMENT
If a student is determined eligible for admission to the Alabama Institute for Deaf and Blind, educational placement within the schools of the Alabama Institute for Deaf and Blind will be recommended by the Alabama Institute for Deaf and Blind Admissions Committee, and determined by each child's Individualized Education Plan.
DEPARTMENT OF ADULT BLIND AND DEAF
The Department of Adult Blind and Deaf of the Alabama Institute for Deaf and Blind (Sec. 21-1-15) in addition to its other powers, is authorized:
to maintain and develop workshops for training and employing blind and visually handicapped persons.
to aid the blind and visually handicapped in securing employment, in developing home industries, and in marketing their products.
to act as the agent or salesman of workshops or other non-profit agencies employing the blind or visually handicapped.
to issue a descriptive catalog of the products produced under its supervision to all state agencies, departments, etc.
to receive requisitions for goods and services and distribute such orders among workshops and other non-profit organizations under its supervision. (Sec. 21-1-15).
BLIND MADE PRODUCTS
Only the Adult Blind Department of the Alabama Institute for Deaf and Blind can certify a product or service as "blind made" (Sec. 21-1-60). And only if the manufacturer employs blind persons to an extent that constitutes no less than 75% of the direct labor, production or manufacture of such products or services (Sec. 21-1-60).
The Director of Finance, the Attorney General, and the President of the Alabama Institute for the Deaf and Blind constitute the Board which will fix a fair market value for the articles produced and determine if the articles meet the reasonable requirements of state agencies, departments, etc. (Sec. 21-2-3). Those products or services which meet the reasonable requirements shall be given preference over other available products other than those produced by convicts employed by the Alabama Department of Corrections. (Sec. 21-2-2). When the blind-made products meet the requirements of any department, institute or agency supported in whole or in part by the state as to quantity or quality, state law directs that department, institution or agency purchase the blind-made product at the fair market value adopted by the board. (Sec. 21-2-2). Competitive bids are not required for purchases made by the blind when certified as blind-made. (Sec. 41-16-51(a)(6)).
PREFERENCE IN STATE VENDING OPERATIONS
The Vocational Rehabilitation Service of the State Department of Education is the authorized agency for the issuance of licenses to blind persons to operate vending stands in the buildings and on the property of the state. The Adult Blind and Deaf Department of the Alabama Institute for Deaf and Blind will cooperate with the state agency in establishing vending stands which may sell newspapers, periodicals, confections, tobacco products and other articles approved by the agency. No such license will be issued for the operation of a vending stand in any building or on any property owned by any county or municipality without the approval of the county or municipality, which, if given, may be revoked at any time (Sec. 21-1-41).
The licensing agency, in issuing each license for the operation of a vending stand, shall give preference to the blind residents of Alabama. Each license will be issued for an indefinite period but may be terminated by the licensing agency if it is satisfied that the stand is not being operated in accordance with the rules and regulations prescribed by the agency (Sec. 21-1-41).
WORKER'S COMPENSATION FOR EYE INJURIES
COST OF MEDICAL SERVICES
The employer is required to pay the "actual cost of attention, physical rehabilitation, medicine, medical and surgical supplies.as may be obtained by the injured employee..." (Sec. 25-5-77a).
The employer may select the treating physician, but the employee may request another if he is not satisfied. If he is not satisfied with the second physician he may ask for a third. (Sec. 25-5-77a). The employee is not entitled to be treated by the physician of his choice unless he pays for the services. If the employee refuses medical or surgical treatment from the physician selected by the employer he will not be entitled to compensation. (Sec. 25-5-77b).
If the employee does submit to treatment by the physician selected by the employer he must make himself available for examination at all reasonable times he is requested to do so by his employer. The employee has a right to have his own physician present during these examinations as long as he pays the cost of his physician. (Sec. 25-5-77b).
Should the employee's insurance be liable for the part of the medical cost, the employer is only liable for the amount that the insurance does not cover. (Sec. 25-5-77a).
COST OF VOCATIONAL REHABILITATION
The employer may require that the employee undergo vocational rehabilitation in a facility recommended by a vocational rehabilitation specialist. The employer must pay the cost of such rehabilitation. (Sec. 25-5-77c).
Should the employee refuse to submit to rehabilitation as requested by his employer, he will lose compensation for each week he refuses. (Sec. 25-5-77d).
If the employee is unable to return to his former employment he may request vocational rehabilitation at the employer's expense. To be entitled to such rehabilitation (in the absence of his employer's request) the employee must obtain the written opinion of his treating physician and vocational rehabilitation specialist (to be paid by the employer) that rehabilitation is in the best interests of the employee and can be "reasonably calculated to restore the employee to gainful employment". (Sec. 25-5-77a).
If the employee is not able to live at his usual residence during such rehabilitation the employer shall be liable for "reasonable charges for the employee's necessary board, lodging and travel". (Sec. 25-5-77c).
PERMANENT PARTIAL DISABILITY-LOSS OF SIGHT IN ONE EYE
An employee is entitled to compensation amounting to 66-2/3 percent of the average weekly earnings for 124 weeks. (Sec. 25-5-57a2). The average weekly earning is determined by the director of industrial relations. (Sec. 25-5-68). Compensation may be withheld if the employee refuses to accept reasonable employment suitable to his capacity which he may be offered, unless a circuit court judge determines that his refusal is justified. (Sec. 25-5-57a2c).
Should the injured employee find employment with another employer he must notify his former employer of that fact by affidavit specifying:
the name of his new employer; and
the place of employment; and
the amount of wages being earned.
Should he fail to provide the required information, compensation may be withheld until it is provided.
The employer at the time of the injury may request the above information at any time, and if not provided may withhold compensation until it is provided. (Sec. 25-5-57a2b).
PERMANENT TOTAL DISABILITY-LOSS OF SIGHT IN BOTH EYES
Loss of sight in both eyes is considered permanent total disability. Compensation for total disability is 66-2/3 percent of the average weekly earning at the time of injury. (Sec. 25-5-57a4d, Sec. 25-5-57a4a). Should the employee refuse to undergo physical or vocational rehabilitation he will not be considered totally disabled (and thus ineligible for compensation). (Sec. 25-5-57-a4d).
Should the persons receiving compensation obtain employment with anyone other than the employer for whom he worked at the time of injury, he is required to furnish his former employer an affidavit to that effect specifying the same information required as if partially disabled (see above). (Sec. 25-5-57a4j).
Should the person receiving permanent total disability compensation become an inmate in a public institution, compensation will cease unless:
he has persons "wholly dependent on him for support". (Sec. 25-5-57a4c); or,
he pays the cost of such institutionalization (or it is paid on his behalf). (Sec. 25-5-57a4c).
Should the disabled person either recover or, through rehabilitation, be able to obtain gainful employment, benefits will cease. If his average weekly earning is less than it was at the time of injury, he will be entitled to 66-2/3 percent of the difference in earning. (Sec. 25-5-57a4i).
DISPUTES OVER COMPENSATION
If a dispute arises between the employer and the employee with respect to the employee's entitlement to compensation or the amount of compensation to which he is entitled, the matter may be heard in the circuit court having jurisdiction. (Sec. 25-5-81a1).
CLAIMS AGAINST THIRD PARTIES
If a third person is liable for the injury the employee may bring suit against the third person and also be compensated by workmen's compensation. For additional information see Sec. 25-5-11.
An employment of the handicapped liaison group shall be established to consist of the chairman of the "Governor's Committee on Employment of the Handicapped," the chairman of the Advising Council and the Executive Secretary in order to maintain coordination of the program. (Sec. 21-5-7).
TAX EXEMPTIONS FOR THE BLIND
PRIVILEGE LICENSE TAX EXEMPTION
A blind person as defined in Sec. 40-1-1, is exempt from paying any state, county or municipal privilege license tax if:
he has been a continuous resident of the state for two years prior to applying for the exemption; and
he furnishes a vision certificate from a regularly licensed physician in the county in which he lives; and
he files the required certificate with the probate judge or license commissioner in the county in which the license fee is due.
The license exemption may not exceed the amount of $75.00 for state license and $75.00 for municipal license during any one year. (Sec. 40-12-330). Penalties are provided for misrepresenting eligibility.
SALES TAX EXEMPTION
"All blind vendors associated with the Business Enterprise Program (BEP) of the Division of Rehabilitation and Crippled Children Service through the Department of Education, are hereby exempted from paying any state, county or municipal sales or use taxes (Click here for BEP Policy Manual).
All vendors who are blind as defined by Section 1-1-3, and who are certified by the rehabilitation and crippled children service, are hereby exempted from paying any state, county or municipal sales or use taxes." (Sec. 40-23-5-(h)(i)).
Persons 65 years of age or older are exempt from paying sales tax on medicines prescribed by a physician and filled by a licensed pharmacist. Proof of age must be filed with the pharmacist. Such proof may be:
The name and claim number as shown on a "Medicare" form issued by the Social Security Administration; or
A certificate executed by any adult who has knowledge that the person is not less than 65; or
An affidavit executed by any adult who has knowledge that the person is not less than 65.
Penalties are provided for misrepresenting eligibility. (Sec. 40-23-4-(30)).
PROPERTY TAX
A blind person is exempt from ad valorem property taxes up to a value of $12,000.00 (if the property is valued at over $12,000.00 the blind person will be liable for property tax on the value in excess of $12,000.00). (Sec. 40-9-1). Due to the passage of the Lid Bill this provision is interpreted differently in some locations. Persons seeking information should contact their local or county tax assessor.
DEPARTMENT OF HUMAN RESOURCES
WHO IS ELIGIBLE FOR SERVICES?
You are eligible for services if you are making your home in Alabama and are:
Receiving Aid to Families with Dependent Children (AFDC) or your needs were considered in determining the needs of someone receiving AFDC; or
Receiving Supplemental Security Income (SSI); or
Receiving State Supplementation; or
Not receiving one of these types of financial aid but are "income eligible" because you have no more income than is allowable; or
In need of a specific service which can be provided without regard to income.
WHAT IS THE ALLOWABLE INCOME FOR "INCOME ELIGIBLES"?
For all services other than Day Care for Children and Residential Care for Individuals with Exceptional Needs, the maximum allowable gross monthly income is:
| No. in Family |
Monthly Income |
No. in Family |
Monthly Income |
| 1 Person |
$ 469 |
7 Persons |
$1,218 |
| 2 Persons |
614 |
8 Persons |
1,245 |
| 3 Persons |
758 |
9 Persons |
1,272 |
| 4 Persons |
902 |
10 Persons |
1,299 |
| 5 Persons |
1,047 |
11 Persons |
1,326 |
| 6 Persons |
1,191 |
12 Persons |
1,354 |
For Children's Day Care, the maximum allowable gross monthly income is:
| No. in Family |
Monthly Income |
No. in Family |
Monthly Income |
| 2 Persons |
$ 962 |
7 Persons |
$2,186 |
| 3 Persons |
1,207 |
8 Persons |
2,431 |
| 4 Persons |
1,452 |
9 Persons |
2,676 |
| 5 Persons |
1,697 |
10 Persons |
2,921 |
| 6 Persons |
1,941 |
- |
- |
For Residential Care for Individuals with Exceptional Needs, the maximum allowable gross monthly income is:
| No. in Family |
Monthly Income |
No. in Family |
Monthly Income |
| 1 Person |
$3,196 |
6 Persons |
$4,419 |
| 2 Persons |
3,341 |
7 Persons |
4,465 |
| 3 Persons |
3,681 |
8 Persons |
4,511 |
| 4 Persons |
3,928 |
9 Persons |
4,557 |
| 5 Persons |
4,175 |
10 Persons |
4,602 |
For Residential Care Services for Individuals with Exceptional Needs, the SSI recipient must be eligible based on income.
WHO IS INCLUDED IN A FAMILY?
"Family" means the basic family unit consisting of an adult and his or her spouse (including common law) and children under 18 (or under 21 if in school) related by blood, marriage or adoption who are residing in the same household. A member of this basic family unit temporarily out of the home (for example, attending school but returning for holidays and vacations, or hospitalized, continues to be considered a part of the family. Considered as separate families are:
related persons 18 years of age or over, other than spouses, who live together;
unrelated persons 18 years of age or over who live together;
children for whom the Department, another State Department, or licensed child placing agency has custody or planning responsibility and who are in need of placement in a foster care facility with the following exception: if the Department, another State Department or licensed child placing agency has only planning responsibility for children in need of Residential Care Services for Individuals with Exceptional Needs, these children must be considered a part of their own family in determining eligibility;
children for whom the Department has custody or planning responsibility who are living with relatives other than parents;
individuals under 18 years of age who are:
married; or
self-supporting and living apart from the basic family unit; or
grantee relatives for their own children or siblings (for purposes of considering family income).
Services can be requested at the Department of Human Resources in the county where you live. The office is located in the county seat.
WHAT SERVICES ARE PROVIDED?
Most of the services listed below are available statewide for eligible persons who need them:
Day care for children and adults
Foster care for children and adults
Help with family planning and with problems about child rearing, employment, health, home management, and housing
Homemaker services for adults
Information and referral
Protective services for adults and children
Services for unmarried parents
Additional services are provided in some localities through contracts with other organizations and agencies. There may be waiting lists for some services.
All service programs are administered without regard to race, color, religion, sex, marital status, age, creed, national origin, or political beliefs, and in compliance with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap.
WHAT ARE MY RIGHTS AS AN APPLICANT?
- To make application for services.
To receive notice of disposition of application.
To have a fair hearing if application is denied or not acted on promptly.
To have your application acted on in compliance with applicable requirements of Title VI of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973.
WHAT ARE MY OBLIGATIONS AS AN APPLICANT OR RECIPIENT?
- To provide the Department of Human Resources with accurate information.
To cooperate in the verification of information.
To inform the agency when changes occur in:
Income (of person in need of services and of the family);
Family composition;
Address
WHAT CAN YOU DO IF YOU ARE NOT SATISFIED BY ACTIONS OF THE COUNTY DEPARTMENT (OR ITS FAILURE TO ACT)?
There are steps you can take if you are not satisfied because: your application was not acted on in 45 days; you were denied service; or your service was reduced or ended. The steps you can take include: (1) ask for a conference with someone in the County Department of Human Resources; (2) ask for an informal review of your case by the State Department; or (3) ask for a formal hearing. The State Department and County Department work under the same rules.
If you want a formal hearing, your request must be in writing, must say why you are not satisfied, give the date on which the action you are not satisfied about happened, and be sent to the Department of Human Resources within 60 days after the date the action occurred.
Specific information about procedures for hearings and appeal is provided when services are begun, reduced, denied or terminated, or upon request for that information.
RIGHT TO PUBLIC EMPLOYMENT
It is the policy of the state of Alabama that the blind and the visually handicapped shall be employed in the state service (e.g. political subdivisions, schools, etc.) and all other employment supported by public funds on the same terms and conditions as the sighted, unless it is shown that the particular disability prevents the performance of the work involved. (Sec. 21-7-8).
NON-DRIVERS LICENSE
The Department of Public Safety will provide blind residents of Alabama a non-driver identification card upon application. The non-driver card is similar to the driver's license, except the word "non-driver" appears on the face of the identification card. The identification card can be used as a credible source of identification and includes a photograph of the card holder. (Sec. 32-6-1).
SERVICES PROVIDED BY CRIPPLED CHILDREN'S SERVICE
Alabama accepts all the benefits and provisions of the act of the U.S. Congress entitled "an act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment" (29 U.S.C., Sections 31-41). Funds received, whether state or federal, are to be used by the superintendent of education to further the efforts of the National Social Security Act in strengthening its program of vocational rehabilitation of physically disabled persons, and to provide physical restoration when necessary. (Sec. 16-38-2). The purpose of the Crippled Children's Service is to further the efforts of the state board of education for locating crippled children and for providing medical, surgical, corrective, and other services, care and treatment facilities for diagnosis, hospitalization and aftercare for children.
ALABAMA PUBLIC LIBRARY SERVICE
DIVISION FOR THE BLIND AND PHYSICALLY HANDICAPPED
POLICY STATEMENT
The Division for the Blind and Physically Handicapped of the Alabama Public Library Service is a part of a national and international network of libraries serving eligible patrons. This network begins with the Library of Congress, National Library Service, and extends into each state through a system of regional and sub-regional libraries located throughout the designated service area. Eligible patrons are defined by the Library of Congress, National Library Service, as:
The following persons are eligible for loan service:
Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting lenses, or whose widest diameter of visual field subtends an angular distance no greater than 20 degrees.
Other physically handicapped persons as follows:
Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material.
Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations.
Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.
In cases of blindness, visual disability, or physical limitations, "competent authority" is defined to include doctors of medicine; doctors of osteopathy; ophthalmologists; optometrists; registered nurses; therapists; professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents). In the absence of any of these, certification may be made by professional librarians or by any person whose competence under specific circumstances is acceptable to the Library of Congress.
In the case of reading disability from organic dysfunction, competent authority is defined as doctors of medicine and doctors of osteopathy who may consult with colleagues in associated disciplines.
Qualified readers must be residents of the United States, including the several states, territories, insular possessions, and the District of Columbia, or American citizens domiciled abroad.
This Division reserves the right to deny service if: an applicant fails to qualify under Library of Congress, National Library Service regulations; a patron abuses the service available to him through intent or neglect; or there is dissatisfaction of the service rendered the patron which in irreconcilable. Any denial of service will be documented for use by the Library of Congress, National Library Service, in the event of appeal by the patron. This division is responsible for the administration of library service and policy for the blind and physically handicapped in Alabama, subject to the administration and policy of the Alabama Public Library Service and its Executive Board.
This division will strive to meet the Standards for Library Services for the Blind and Physically Handicapped as set forth by the Association of Specialized and Cooperative Libraries Division of the American Library Association.
An advisory body will interpret the positions of the users and the providers of the library services for the blind and physically handicapped to this division. The Consumer Advisory Committee for the Division for the Blind and Physically Handicapped of the Alabama Public Library Service shall consist of providers of service to and representatives of organizations of the blind, visually handicapped, and physically handicapped. Meetings shall be held three times a year. Input from these two advisory bodies shall be considered by the division in planning for the development of library services under its jurisdiction.
All talking book machines, accessories, talking books and Braille books are provided by the Library of Congress, National Library Service, to this division and are the property of the United States government. This division is accountable to the Library of Congress, National Library Service, for this property. Every effort will be made by this division to maintain written and/or computerized records of its disposition and maintenance. All machines, equipment and books purchased by the Alabama Public Library Service for use through this division will be accorded similar treatment. Talking book machines may be placed in libraries or state agencies for demonstration purposes only. These machines may not be distributed to patrons except at the direction of the division or the sub-regional libraries. Sub-regional libraries are subject to the rules and regulations of the Library of Congress, National Library Service, as administered by the division. Services rendered by the sub-regional libraries should be compatible with the division and under the jurisdiction of the division.
The conference room of the division is for use by the state agency. It may be utilized by organizations of the blind and physically handicapped or those working with the blind and physically handicapped at the convenience of the agency during regular working hours.
RESOLUTIONS 78-B
Whereas, on June 8, 1976 a group of appointed blind people and others designated as a "Committee on Library Development" met at the Regional Library for the Blind in Talladega, to study the feasibility of removing the responsibility of rendering library services from the Department of Adult Blind and Deaf, and making said responsibility a service of the Alabama Public Library Service; and
Whereas, the group voted to make this change; and
Whereas, the Alabama Public Library Service has now constructed a building, employed a staff of professional library personnel, and is rendering satisfactory services to the blind and physically handicapped of Alabama; Therefore, be it resolved by the Alumni and Workers Association Inc., of the Alabama School for the Blind, in convention at Talladega, on May 27, 1978, that Section 1-A of the Bob Mallas recommendations pertaining to library service for the blind shall be implemented.
Be it further resolved that a copy of this resolution be sent to Dr. Wayne Teague, Mr. Anthony Meile, and released to the news media.
REQUEST FOR THE TRANSFER OF RESPONSIBILITY FOR STATEWIDE LIBRARY SERVICE FOR THE BLIND AND PHYSICALLY HANDICAPPED FROM THE SPECIAL TECHNICAL FACILITY, DEPARTMENT OF THE ADULT BLIND AND DEAF TO THE ALABAMA PUBLIC LIBRARY SERVICE, September 30, 1976
By mutual agreement, the Special Technical Facility, Department of the Adult Blind and Deaf, and the Alabama Public Library Service respectfully request the Governor of the State of Alabama to transfer the responsibility of statewide library service for the blind and physically handicapped from the Special Technical Facility, Department of the Adult Blind and Deaf, to the Alabama Public Library Service effective October 1, 1977.
Both state agencies believe that the Alabama Public Library Service, in carrying out its responsibility for total public library service for the citizens of the state, can best meet the reading needs of the blind and physically handicapped. The regional library will be a separate but equal department of the public library agency. Talladega will then become a sub-regional library serving the blind and physically handicapped of the special institutions in Talladega County.
This transfer is contingent upon the Alabama Public Library Service being assured that funds will be available for a facility, special equipment and annual operating expenses.
OTHER IMPORTANT INFORMATION
EMBLEM OF THE BLIND
- "A cane predominately white or metallic in color, with or without a red tip, is hereby recognized and adopted as the emblem or sign of blind persons..." (Sec. 32-5-276(a).
A guide dog who is leading a blind person must be wearing a harness, and the blind person must be able to present "credentials issued by an accredited school for training guide dogs." Any person who refuses a blind person with a dog guide admittance to a public building shall be guilty of a misdemeanor and fined not more than $50.00. (Sec. 3-1-7).
USE OF GUIDE DOGS
- A blind person may be accompanied by an especially trained guide dog on airplanes, trains, buses or other public conveyances without having to pay additional fare for the dog. (Sec. 21-7-4).
A blind person may also be accompanied by an especially trained guide dog in any hotel, lodging place, "any places of public accommodation, amusement or resort and other places to which the general public is invited..." without paying any additional charge for the dog. (Sec. 21-7-4).
It is unlawful to refuse to permit a guide dog to accompany a blind person in any "place of public accommodation, amusement or resort..." if the dog is wearing a harness and the blind person presents "credentials issued by an accredited school for training dog guides." (Sec. 3-1-7).
BLIND PEDESTRIANS RIGHT OF WAY
- Drivers shall yield the right of way to blind pedestrians carrying a "clearly visible white cane or accompanied by a guide dog." (Sec. 32-5A-220).
- Drivers are required to "take all necessary precautions" to avoid injury to blind pedestrians they approach "carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog..." (Sec. 21-7-6).
WHITE CANE SAFETY DAY
"Each year, the governor shall take suitable public notice of October 15 as White Cane Safety Day" to remind the general public of its responsibility to the blind and otherwise handicapped persons. (Sec. 21-7-10).
BUILDING ACCESSIBILITY
The state fire marshal is required to prescribe standards for public buildings to make them accessible to blind persons. These specifications are to include audible warning devices to warn blind persons of danger. (Sec. 21-4-3). The specifications are to be adhered to in constructing buildings to be used by the public if the construction is financed in whole or part by state municipal funds. (Sec. 2-4-4). The state fire marshal is authorized to inspect buildings and to order compliance with the standards prescribed. (Sec. 21-4-7).
ASSISTANCE IN VOTING
A person who is visually impaired may receive help in applying for an absentee ballot and/or in the actual process of voting either in person or by absentee ballot. A person needing assistance may ask any one of his or her choice, except the voter's employer or agent of the employer or an officer or agent of the voter's union. If a voter does not request a specific individual to aid him/her, an election official may assist the voter. To obtain assistance, the voter must sign on the poll list in the column requesting assistance. The person assisting the voter is also required to sign the poll list.
IF YOU ARE A REGISTERED VOTER, YOU MAY VOTE ABSENTEE IF:
- you will be out of the county on elections day;
you are ill or have a physical disability which prevents you from going to the polls, or
you are a member of the armed forces, are employed outside the U.S., are away at college, or are the spouse or child of such person.
WHEN TO APPLY FOR AN ABSENTEE BALLOT
The Absentee Election Managers of the 67 Alabama counties will begin accepting applications for absentee voting for the primary and general elections 60 days before each election, and will continue to accept applications until 5 days prior to that election.
Since a voter is entitled to vote only in one political party's primary election, a voter must designate in which party's primary he chooses to vote when making an application to vote in primary elections.
HOW AND WHEN TO RETURN ABSENTEE BALLOTS
Completed application for absentee ballots and voted ballots must be returned to the Absentee Election Manager by the voter in person or by U.S. mail.
Absentee ballots must be received by the Absentee Election Manager by noon on election day.
PROMOTING PUBLIC AWARENESS
"The Governor shall take suitable public notice of October 15, as White Cane Safety Day..." He is also to issue a proclamation explaining the significance of the white cane, and explain the need for the public to be aware of the needs of the blind. (Sec. 21-7-10). The Governor shall also designate the first full week in October each year as "Employment of the Handicapped Week." (Sec. 21-5-2).
EXECUTION OF WILLS AND OTHER DOCUMENTS
- 1. A blind person may execute his will by directing that his name be signed by another person. This person may also be one of the subscribing witnesses. (Sec. 43-9-131: Riley v. Riley, AL 496 (1860).
2. In conveying land, a blind person's name may be signed at his direction and witnessed by two persons (Sec. 35-4-20)
DIRECTORY ASSISTANCE CHARGE EXEMPTION
A blind person will not be charged for local directory assistance calls; however, proof of blindness is required. For further information contact your local telephone company.
ALABAMA STATE PARKS SERVICE
The Alabama State Parks Service offers handicapped persons, including the blind, special discounts on all of its parks. For details about the discounts available in each park call toll free 1-800-ALA-PARK (1-800-252-7275).
SERVICES TO OLDER ALABAMIANS INCLUDING THE BLIND AND VISUALLY IMPAIRED
The Alabama Commission on Aging, a department of Alabama State Government, administers a statewide senior citizens services program which is conducted by local organizations. Alabama is divided into 13 aging, planning, and service areas known as Area Agencies on Aging. All citizens of Alabama are invited and encouraged to participate in the various opportunities afforded by the Area Agencies on Aging without regard to any personal impairments or limitations which might exist. The eligibility criteria for most programs is that the recipient be age 60 or older or be the spouse of an individual age 60 or older. There is currently no means test for most services provided through Area Agencies on Aging. The array of services available in each locality will vary considerably, but all Area Agencies on Aging serve as a focal point for advocacy and services to older Alabamians. To determine which services might be appropriate for blind and visually impaired older persons, please call the Area Agency on Aging listed in the local telephone directory. For specific directions call the Alabama Commission on Aging Hotline, 1-800-AGELINE (243-5463).
SPECIAL EDUCATION SERVICES
In Alabama special education services are provided to students, ages 3-21, based on 13 exceptionality areas. These areas of exceptionality are defined in the Alabama Administrative Code, Special Program I, Chapter 290-080-090. The definitions of Deaf-Blind and Visually Impaired are cited as follows:
DEAF-BLIND
Deaf-Blind means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that they cannot be accommodated in special education programs solely for deaf or blind children.
VISUALLY IMPAIRED
Visually Impaired means a visual impairment which, even with correction, adversely affects a child's educational performance. The term includes both partially-seeing and blind.
SPECIAL SERVICES
Services related to the instruction of the visually impaired including, but not limited to: orientation and mobility, braillist services and materials, typists and readers for the blind and other special materials and equipment are legally mandated. (Sec. 16-39-2).
TEXTBOOKS, EQUIPMENT, ETC., FOR VISION
The state superintendent of education is authorized to purchase and arrange for distribution among school boards previously adopted textbooks, equipment and materials which are prepared in various resource and media centers for the use of vision impaired children enrolled in the public schools in Alabama or whose tuition and expenses at other schools are being paid by a school board under the provisions of this chapter. (Sec. 16-39-10).
Further information on procedural and eligibility issues can be obtained from the Division of Special Education Services, 50 North Ripley Street, Montgomery, Alabama 36130-3901.
