TITLE XV
EDUCATION
Chapter 186-B
EDUCATION AND TRAINING OF THE BLIND
Section 186-B:1
186-B:1 Statement of Purpose. –
To enable the state to more effectively provide services to the blind of all ages in the state, it is the intent of this chapter to place the functions of education, training, vocational rehabilitation, and related services of the blind under one administration. By this transfer of functions, all of the responsibility for the education and training of all disabled children in the state becomes the responsibility of the department of education.
Source. 1970, 34:1. 1990, 140:2, X, eff. June 18, 1990.
Section 186-B:2
186-B:2 Repealed by 1994, 379:24, I, eff. June 9, 1994. –
Section 186-B:3
186-B:3 Program for Blind Established. –
I. The department of education shall establish a program for the education, training, and vocational rehabilitation for the blind of all ages, whether or not they are eligible for aid to the needy blind under the department of health and human services.
II. The department of education shall develop or cooperate with other agencies in providing services to the blind, including the locating of blind persons, vocational guidance and training of the blind, placement of blind persons in employment, instruction of the adult blind in their homes and other services to blind persons. In connection with assistance to needy blind persons the board of education shall give due consideration to the special needs associated with the condition of blindness and, in cooperation with the department of health and human services, shall: (a) adopt rules stating in terms of ophthalmic measurements the amount of visual acuity which an applicant may have and be eligible for assistance and providing for an examination by an ophthalmologist or physician skilled in diseases of the eye or by an optometrist, whichever the individual may select, in making the determination whether the individual is eligible and fixing the fee for such examination; (b) establish the procedure for securing competent medical examination; (c) designate or approve a suitable number of ophthalmologists or physicians skilled in diseases of the eye, and optometrists, who must be duly licensed or registered under the laws of this state and actively engaged in the practice of their professions, to examine applicants and recipients of aid to determine their eligibility for assistance; (d) fix the fees to be paid for medical examination from funds available to the department of health and human services.
Source. 1970, 34:1. 1983, 291:1. 1994, 379:7. 1995, 310:175, 181, eff. Nov. 1, 1995.
Section 186-B:4
186-B:4 Aid to the Blind. –
The department of education shall furnish aid to the blind of the state, as follows:
I. The blind services program, bureau of vocational rehabilitation, shall prepare and maintain a register of the blind in the state, which shall describe their condition, cause of blindness, capacity for education and industrial training, and such other data as deemed appropriate.
II. The blind services program, bureau of vocational rehabilitation, shall provide information and industrial aid for the blind, and for this purpose may furnish materials and tools to any blind person. The bureau may assist blind persons engaged in home industries in marketing their products, in finding employment, and in developing home industries. The bureau may ameliorate the condition of the blind by devising means to facilitate the circulation of books, by promoting visits among the aged or helpless blind in their homes, and by such other methods as are expedient. However, the bureau shall not undertake the permanent support or maintenance of any blind person.
III. The blind services program, bureau of vocational rehabilitation, shall furnish assistance to such blind persons, in such amounts and at such asylums, schools, or other institutions designed for the purpose of industrial aid to the blind as the department of education directs.
IV. The commissioner of education at the commissioner's discretion may contribute to the support of the blind persons from New Hampshire receiving instruction in industrial institutions outside the state.
V. The commissioner of education with approval of the state board may appoint other officials and agents necessary to assist in carrying into effect the provisions of this chapter, subject to rules of the division of personnel.
Source. 1970, 34:1. 1986, 12:4; 41:16. 1994, 379:8, eff. June 9, 1994.
Section 186-B:5
186-B:5 Repealed by 1986, 41:29, IV, eff. April 3, 1988. –
Section 186-B:6
186-B:6 Repealed by 1994, 379:24, II, eff. June 9, 1994. –
Section 186-B:7
186-B:7 Repealed by 1994, 379:24, II, eff. June 9, 1994. –
Section 186-B:8
186-B:8 Nesmith Fund. –
I. There is hereby appropriated annually the entire income derived from the Nesmith Trust Fund to be expended by the department of education for the aid, support, maintenance and education of the indigent blind of the state of New Hampshire. The governor is authorized to draw his warrants which shall be a charge against the Nesmith Fund.
II. In the event that the annual income derived from said Nesmith Fund shall be less than $4,800, there is hereby appropriated from the general fund of the state a sum equal to the difference between the amount of income from the Nesmith Fund and $4,800 which shall be added to the income and expended by the department of education for the aid, support, maintenance and education of the indigent blind to comply with the terms of the trust under the will of John Nesmith. The governor is authorized to draw his warrant for said sum out of any monies in the treasury not otherwise appropriated.
Source. 1970, 34:1. 1972, 31:2, eff. March 17, 1972.
Vending Facilities Operated by Blind Persons
Section 186-B:9
186-B:9 Purpose. –
For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under this subdivision shall be authorized to operate vending facilities on state property.
Source. 1975, 260:1, eff. Aug. 5, 1975.
Section 186-B:10
186-B:10 Definitions. –
In this subdivision:
I. "Blind person" means a person whose central acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200 is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. In determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual shall select.
II. "Blind services" means the administrative unit for the blind services program within the bureau of vocational rehabilitation, department of education.
III. "State property" means any building or land owned, leased or controlled by the state.
IV. "Vending facility" means a vending machine, cafeteria, snack bar, cart service, shelter, counter or any other facility for the vending of newspapers, periodicals, confections, tobacco products, foods or beverages, or any combination of them, whether dispensed automatically or manually, and which are prepared on or off the property.
V. "Vending machine income" means receipts other than those of a blind licensee from the operation of vending machines on state property, after cost of goods sold, where the machines are operated, serviced or maintained by, or with the approval of the state, or commissions paid other than to a blind licensee by a commercial vending concern which operates, services or maintains vending machines on state property for, or with the approval of the state.
Source. 1975, 260:1. 1981, 403:2. 1986, 41:17. 1994, 379:9, eff. June 9, 1994.
Section 186-B:11
186-B:11 Duties. –
Blind services shall:
I. Survey the vending facility opportunities on all state property;
II. Establish, whenever feasible, vending facilities on state property to the extent that such facilities do not adversely affect the interests of the state;
III. License blind persons for the operation of vending facilities on state property;
IV. Provide vending facility equipment and an adequate initial stock of suitable articles to licensed blind persons;
V. Provide the necessary training and supervision to licensed blind persons;
VI. [Repealed.]
VII. Conduct mandatory training seminars for operators of its vending facilities, which shall address topics concerning the management of vending facilities, including, but not limited to, the following:
(a) Customer relations,
(b) Marketing techniques,
(c) Personnel hiring and training,
(d) Inventory control,
(e) New products,
(f) Machine repair and maintenance, and
(g) Accounting.
Source. 1975, 260:1. 1985, 232:3. 1994, 379:24, III, eff. June 9, 1994.
Section 186-B:11-a
186-B:11-a Rulemaking Authority; Board of Education. –
The state board of education shall adopt rules, pursuant to RSA 541-A, to carry out the provisions of this chapter.
Source. 1994, 379:10, eff. June 9, 1994.
Section 186-B:12
186-B:12 Licenses. –
Blind services shall issue a license for the operation of a vending facility only to a blind person who is able, with such disability, to operate a vending facility. In issuing any license, blind services shall give preference to a blind person who is a resident of this state. Each license issued shall be for an indefinite period, but may be terminated by blind services if it is satisfied that the facility is not being operated in accordance with rules adopted by the board of education under RSA 186-B:11-a.
Source. 1975, 260:1. 1990, 140:2, XI. 1994, 379:11, eff. June 9, 1994.
Section 186-B:13
186-B:13 Vending Facilities. –
I. No person in control of the maintenance, operation and protection of any state property may offer or grant to any other party a contract or concession to operate a vending facility unless:
(a) He has notified blind services and has attempted to make an agreement with blind services for a licensed blind person to operate a vending facility; and
(b) He has determined in good faith that blind services is not willing to establish a vending facility on such property.
II. [Repealed.]
III. Blind services, with the cooperation of the person in control of the maintenance, operation and protection of any state property, shall select the type of location of the vending facility to be provided and the person to operate such facility.
IV. If blind services determines that a vending facility operated by a full-time licensed blind person is not feasible on any state property, blind services may install vending machines on such property with income accruing pursuant to RSA 186-B:14.
V. The contract for the operation of any vending facility shall specify that it shall be operated at a reasonable cost consistent with a fair return, high quality food and reasonable prices.
VI. This section shall not apply to Franconia Notch state park, Mount Sunapee state park and Mount Washington state park; nor shall it apply to any state property which operates its own vending facility unless the person in control of the maintenance, operation and protection of the property contracts with blind services to operate the vending facility.
Source. 1975, 260:1. 1981, 403:1. 1994, 379:24, IV, eff. June 9, 1994.
Section 186-B:14
186-B:14 Vending Machine Income. –
I. If a new vending machine or a replacement for an existing vending machine is installed after August 5, 1975, on any state property, vending machine income shall accrue to the licensed blind person operating a vending facility on the same property, or if none, to blind services. The licensed blind person or blind services shall be responsible for servicing and maintaining the vending machines from which vending machine income is received.
II. Vending machine income which accrues to blind services pursuant to paragraph I may be used to:
(a) Purchase new equipment and replace existing equipment for new and existing vending facilities;
(b) Purchase initial stock and supplies;
(c) Provide training services; and
(d) Establish retirement funds, health insurance contributions, paid sick leave and vacation time for licensed blind persons.
III. If vending machine income which accrues to blind services pursuant to paragraph I is limited, it may be used to earn federal funds on a matching basis.
Source. 1975, 260:1, eff. Aug. 5, 1975.
Section 186-B:15
186-B:15 Appeal. –
Any person aggrieved by a decision of blind services under this subdivision may apply for rehearing and appeal pursuant to RSA 541.
Source. 1975, 260:1, eff. Aug. 5, 1975.