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title-21•Title 21 — Handicapped Persons
There shall be a body corporate under the corporate name of “Alabama Institute for Deaf and Blind,” which by that name may sue and be sued, acquire and hold real and personal property and have and exercise all the powers of a corporation, and which shall maintain and operate a state educational institution for the deaf and the blind. The Alabama Institute for Deaf and Blind shall be located at Talladega, Alabama.
(School Code 1927, §577; Code 1940, T. 52, §519.)
The Alabama Institute for Deaf and Blind shall be managed and controlled by a board of trustees which shall consist of the Governor, the State Superintendent of Education, and 13 other persons who shall be appointed by the Governor and confirmed by the Senate at the time of the appointment or at the next meeting of the Legislature following the appointment. If any appointment by the Governor is rejected by the Senate, the Governor shall again appoint until the full number of appointments at such time is complete. In case of a vacancy on the board by death or resignation of a member or from any cause other than the expiration of the term of office, the Governor may fill the vacancy by appointment, which shall be good until the next meeting of the Legislature and until a successor is duly appointed and confirmed. The appointive members of the board shall consist of four members from the congressional district in which the school is located, one from each of the other congressional districts in the state as they now or may hereafter exist and as many other members as is necessary to complete the total membership of the board, who shall be appointed from the state at large. The at-large members shall be individuals who have formerly attended the institute. Three of the members from the congressional district in which the institute is located shall be appointed from Talladega County. The other member from the congressional district in which the institute is located shall be from any of the counties in the congressional district, other than Talladega County. The members of the board shall be divided into three classes. The members from the First and Second Congressional Districts, one at-large member, and one of the members from the district where the school is located shall compose the first class. The members from the Fourth and Fifth Congressional Districts, one at-large member, and one of the members from the district where the school is located shall compose the second class. The members from the Sixth and Seventh Congressional Districts, one at-large member, and one of the members from the district where the school is located shall compose the third class. The members of the three classes described in this section shall commence their terms of office when the terms of office of their predecessors in the three classes expire or the respective offices become vacant. The term of office of the member added by Act 95-501 shall commence upon appointment by the Governor and confirmation by the Senate. The appointive members of the board shall hold office for a term of six years and until their successors are appointed and qualified.
(School Code 1927, §578; Code 1940, T. 52, §520; Acts 1977, No. 591, p. 786; Acts 1995, No. 95-501, p. 1008, §1.)
A majority of such board may act and may meet and adjourn from time to time as, in their judgment, the interest of the institution may require. They shall appoint a secretary, who shall keep a complete record of all their proceedings in a well-bound book. They shall also appoint a treasurer, who shall not be a trustee, who shall give bond in such amount as the board may determine and with such sureties as they may deem sufficient, for the faithful discharge of his duties as such treasurer; and he and his sureties shall be responsible for all funds which may come into his hands by virtue of his office.
(School Code 1927, §579; Code 1940, T. 52, §521.)
The board may select from their number an executive committee of three, subject to change and removal by the majority of the board at any time. Such committee is authorized to meet and transact any business that may be transacted by a majority of the board, and whatever acts such committee may do shall be considered as done by the whole board.
(School Code 1927, §583; Code 1940, T. 52, §533.)
The board shall appoint from their number a chairman, who shall preside over the board in the absence of the Governor and shall sign all diplomas. They shall also appoint a president for such institution, who may nominate to the board such other assistants and teachers in the institution as he may think necessary for its successful management, such board or the executive committee thereof having power of confirmation or rejection. Should any nominee of the president of the institute be rejected by the board or the executive committee, the president of the institute shall, within the time granted by the board or the executive committee, make other nominations, which shall be ratified or rejected by the board or the executive committee when the board so delegates such duty to the executive committee. The board or the executive committee shall fix the amount of compensation for each of the officers and teachers and the time of payment.
(School Code 1927, §581; Code 1940, T. 52, §523.)
The board of trustees must provide good and sufficient insurance, payable to the State of Alabama, upon the property of the state under their control and keep and maintain such property in good repair.
(School Code 1927, §586; Code 1940, T. 52, §534.)
The treasurer must pay over such funds as may come into his hands as such on the written order of the president of the school, countersigned by the secretary and recorded in the minutes or records of the proceedings of the board kept by such secretary. The treasurer shall make a full report at the close of the fiscal year and more often if required by the Governor.
(School Code 1927, §580; Code 1940, T. 52, §522.)
(a) The board of trustees of the Alabama Institute for Deaf and Blind is hereby authorized to provide for the education and training of the deaf, the hearing impaired, the blind, and the visually handicapped in residential programs at any location within the state, with no limitations on the age of participants and no time limit on any participant.
(b) All applicants must make satisfactory proof to the president of the institute that they are citizens of the state, except as otherwise provided in Section 21-1-14, and that they are proper candidates for admission. Proof may be made by the applicant in person or by next best friend or by affidavit of any person cognizant of the facts before the probate judge or notary public. No pupil shall be retained in school after it has been ascertained that such pupil has ceased to make progress or is not being benefited. Any pupil may be dropped at any time for cause by the board of trustees.
(c) The board of trustees of the Alabama Institute for Deaf and Blind is hereby authorized to cooperate with any local school board or group of school boards, with the State Board of Education, and with any other state agencies in providing education and training and necessary supportive services to persons having disabilities under the scope of this section.
(d) Local school boards, the State Board of Education, and all other state agencies are hereby authorized to cooperate, in their discretion, with the board of trustees of the Alabama Institute for Deaf and Blind in providing education and training and necessary supportive services to persons having disabilities under the scope of this section.
(e) Nothing in this section shall abrogate the responsibility of any local school board or of the State Board of Education under Chapter 39 of Title 16 of this Code.
(School Code 1927, §582; Acts 1931, No. 281, p. 332; Code 1940, T. 52, §524; Acts 1943, No. 250, p. 220; Acts 1975, No. 1164, p. 2290, §§1-4.)
The board of trustees of the Alabama Institute for Deaf and Blind may, in its discretion, provide for the education and training of deaf, blind, visually handicapped, and otherwise severely handicapped persons at the preschool and junior college levels.
(Acts 1969, No. 424, p. 828.)
It shall be the duty of any parent, guardian, or other person having control of any deaf or blind child of mandatory school attendance age and so handicapped by deafness, blindness, or inability to speak as to be unable to make satisfactory progress in the public schools of the community in which such child resides to enroll such child in the Alabama Institute for Deaf and Blind located at Talladega, Alabama, not later than five days after the opening of this school and to keep such child in school during each scholastic year for a term of 36 weeks, or for the length of the school term.
(Acts 1931, No. 61, p. 125; Code 1940, T. 52, §525; Act 2009-564, p. 1648, §1.)
The following children, when issued a certificate of exemption by the county superintendent of education, when the child resides in territory under the control of the county board of education, or by the city superintendent, when the child resides in territory under a city board of education, shall not be required to attend the Alabama Institute for Deaf and Blind:
(1) A child whose physical or mental condition is such as to render inadvisable his attendance at the aforesaid school, such mental or physical condition to be determined by the county health officer before the issuance of certificate of exemption; or
(2) A child who may be attending a public, private, denominational, or parochial school, within or without the State of Alabama, in which competent teachers, certified in deaf education or in vision, are instructors for the entire length of the school term in every scholastic year, the rating of such school and teachers to be determined by the State Superintendent of Education.
(Acts 1931, No. 61, p. 125; Code 1940, T. 52, §526.)
It shall be the duty of the county superintendent of education in each county of Alabama to furnish annually to the attendance officer of his county and the president of the Alabama Institute for Deaf and Blind a list of the deaf and blind children of his county with the name, sex, age, and address of each, together with the name and address of the parent or guardian of each child, such information to be secured from the school census enumeration books of the county or from any other reliable source, and the attendance officer shall visit the home of each child not later than five days after the opening date of the Alabama Institute for Deaf and Blind, as published by the president of this institution by giving written notice to each county superintendent of education and each city superintendent of education in Alabama. If it is found that any child eligible for the benefits of this school is not enrolled or is not exempt under the provisions of Section 21-1-11, he shall serve legal notice on the parent, guardian, or other person in control of such child, giving him five days in which to enroll said child in the Alabama Institute for Deaf and Blind. In the event of the failure or refusal of such parent, guardian, or other person in charge to enroll said child, he shall proceed against such parent, guardian, or other person as though said child were a hearing or seeing child and shall follow the law as set forth in Section 16-13-193.
(Acts 1931, No. 61, p. 125; Code 1940, T. 52, §527.)
Prosecution under Sections 21-1-10 through 21-1-12 and Section 16-28-12 may be begun by the county superintendent of education, the attendance officer, the director of the Department of Human Resources, or the president of the Alabama Institute for Deaf and Blind, and it shall be the duty of the district attorney or county solicitor in whose circuit or county such offending parent, guardian, or other person having control of such derelict child may reside to prosecute the case.
(Acts 1931, No. 61, p. 125; Code 1940, T. 52, §532.)
The board of trustees of the Alabama Institute for Deaf and Blind may, in its discretion, provide for the education and training of deaf, blind, visually handicapped, and otherwise severely handicapped persons who are nonresidents of the state; provided, however, that in any such case, the full cost of such education or training, to be ascertained and set by the board, shall be charged to such persons for such education or training.
(Acts 1969, No. 426, p. 830.)
There shall be at the Alabama Institute for Deaf and Blind a separate department of adult blind and deaf. Legislative appropriations for the department shall be made separate and apart from the legislative appropriations made for the support and operation of the institute. The department shall have authority to establish and to operate a library service for blind, visually handicapped, deaf, or severely handicapped persons, and the department is hereby designated as the official agency to operate a regional library for the blind, visually handicapped, deaf, and severely handicapped.
(Acts 1939, No. 467, p. 680; Code 1940, T. 52, §528; Acts 1969, No. 425, p. 829, §1.)
It shall be the duty of the president of the Alabama Institute for Deaf and Blind, under the supervision and direction of the board of trustees, to prepare and maintain a register of blind persons living in the State of Alabama, which shall describe the condition, cause of blindness, capacity for education, and industrial training for each blind person registered and shall give such other data as the board may deem advisable.
(Acts 1939, No. 467, p. 680; Code 1940, T. 52, §529.)
It shall be the duty of the Alabama Institute for Deaf and Blind, through its Adult Department, to maintain a Bureau of Information, the object of which shall be to aid the blind or deaf whose training is not otherwise provided for in finding employment, in developing home industries, and in marketing their products. It shall, in its discretion, enter into a cooperative agreement with the State Board of Education to expend funds under the Vocational Rehabilitation Act and any other applicable state or federal law for special vocational training, materials, tools, and books for use as a means in rehabilitating blind or deaf persons who may be in need of such services; and it may, through the employment of teachers, give home instruction to blind persons; provided, that it shall not undertake the permanent support or maintenance of any blind person. The Adult Department is hereby authorized, within its discretion and subject to the control of the board of trustees to use any part of the funds appropriated to it to purchase materials as a means of promoting home industries. Such materials shall be used in the training of blind or deaf persons. After training, all materials and supplies shall be converted into marketable products. Any proceeds from the disposition of said materials shall be credited to the Adult Department for further use in assisting blind or deaf persons in establishing and maintaining home industries. Records shall be kept showing the purchase of all equipment and supplies and the part of the expenditure of same made for training. In order that the provisions of this section may be made effective, the Adult Department is hereby authorized to cooperate with other agencies in the state that may be interested in blind or deaf relief in establishing a sales agency for products made by the blind or deaf. The Adult Department, subject to the control of the board of trustees, may further cooperate with the State Board of Education through the rehabilitation service to provide at its discretion employment tools, supplies, and materials necessary in the rehabilitating of blind or deaf persons not otherwise provided for in this article and may expend funds for physical restoration of indigent blind or deaf persons when this is necessary to their rehabilitation. The director of the Department of Adult Blind and Deaf, the director of vocational rehabilitation and the director of vocational education jointly shall share the responsibility for developing policies, procedures, and budgets governing operation of the adult facilities for carrying out a program of services for the adult deaf and blind, but full and final authority with respect to admission of clients, operation of programs, and related activities shall be vested exclusively in the director of the Department of Adult Blind and Deaf; provided, however, that budgets involving funds from the State Department of Education and policies relating thereto shall be subject to the approval of the State Superintendent of Education.
(Acts 1939, No. 467, p. 680; Code 1940, T. 52, §530; Acts 1969, No. 425, p. 829, §2.)
All expenditures of funds of whatever nature for labor, services, or work or for the purchase or lease of materials, equipment, supplies, or other personal property involving $500.00 or more made by or on behalf of the Alabama Institute for Deaf and Blind shall be made under contractual agreement entered into by free and open competitive bidding on sealed bids to the lowest responsible bidder. All such expenditures shall be subject to the provisions of Sections 41-16-50 through 41-16-63, in the same manner and to the same extent as are expenditures by or for state trade schools, state junior colleges, and state colleges and universities under the supervision and control of the State Board of Education; provided, however, that this section shall not apply to purchases of any commodity for which an open public market is maintained, including but not limited to grains and broomcorn, if such commodity is purchased at a price not higher than the prevailing open market price.
(Acts 1969, No. 423, p. 827.)
The Alabama Institute for Deaf and Blind shall have the power, when authorized by the board of trustees or the executive committee thereof, to borrow money for the purpose of paying salaries of employees, for the purpose of paying other expenses of operating said institute, and for the purpose of paying obligations already incurred in the operation of said institute and to pay interest on any sums so borrowed at a rate not exceeding the legal rate of interest. Any such loans may be evidenced by notes executed by said corporation and signed on behalf of said corporation by its president and by the chairman of the executive committee of the board of trustees. All loans made as authorized in this section shall be payable within 12 months from the date when such loans are made and shall be repaid from funds appropriated by the State of Alabama for the use of said Alabama Institute for Deaf and Blind. The aggregate amount of loans negotiated as authorized in this section shall not at any time exceed 15 percent of the moneys which said board of trustees or the executive committee thereof shall anticipate is to be received by said Alabama Institute for Deaf and Blind from the State of Alabama during the next 12 months.
(Acts 1951, No. 536, p. 948.)
The Board of Trustees of the Alabama Institute for Deaf and Blind shall grant personal leave to any teacher employed by said board up to five days annually, noncumulative, during the time schools are in session. Two days of personal leave shall be granted upon request of the teacher with full pay and three days may, at the discretion of the school’s board, be granted with part pay or with full pay. The teacher shall whenever possible, notify the board five days in advance of the time such leave is to be taken; however, when such notice is not practical, leave may be taken in the same manner and under the procedures governing sick leave.
(Acts 1975, No. 1057, p. 2119, §1.)
The Alabama Institute for Deaf and Blind is hereby designated as the official state agency to conduct the state educational and training programs for the deaf, the hearing impaired, the blind, and the visually handicapped within the scope of this chapter or within the scope of its other legal authority.
(Acts 1975, No. 1164, p. 2290, §5.)
The Board of Trustees of the Alabama Institute for Deaf and Blind, upon the recommendation of the president, may select and adopt for use in the tax-supported public elementary and high school programs at the institute, textbooks and instructional materials, other than prescribed by the State Board of Education, which are suitable for the needs of deaf and blind students. Whenever textbooks and instructional materials are substituted for the state-approved or state-adopted books and materials, such books or materials shall be used by the teachers in the institute public school programs in teaching any course or courses for which a substitution has been made. Provided, however, such Board of Trustees of the Alabama Institute for Deaf and Blind shall provide free textbooks to all grades which would be provided under the terms of subsection (c) of Section 16-36-65.
(Acts 1983, 4th Ex. Sess., No. 83-920, p. 191, §1; Act 98-320, p. 544, §12.)
Under the provisions of Section 21-1-24, substitutions shall not include large print nor braille materials as provided under Section 16-36-24.
(Acts 1983, 4th Ex. Sess., No. 83-920, p. 191, §2; Act 98-320, p. 544, §12.)
The President of the Alabama Institute for Deaf and Blind, upon receipt of any shipment of books as provided herein, shall determine if the shipment is in accordance with the invoices or bills. If in accordance he shall approve and receipt the invoice, one copy of which he shall send to the State Superintendent of Education and one copy to the publisher. Upon approval of the State Superintendent of Education, payment shall be made for such purchase and charged against the portion of the state textbook fund which has been credited to the Alabama Institute for Deaf and Blind as provided by law.
(Acts 1983, 4th Ex. Sess., No. 83-920, §3.)
As used in this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates otherwise:
(1) BLIND PERSONS. Any person defined as a blind person by Section 1-1-3.
(2) VENDING STAND. Such shelters, counters, shelves, display and wall cases, refrigerator apparatus, and other auxiliary equipment that may be needed in vending such articles as may be approved by the licensing agency, as well as manual or coin operated vending machines or similar devices.
(3) BUILDING and PROPERTY. Any building, land, or real property owned, leased, or occupied by the State of Alabama, its agencies, institutions, or political subdivisions.
(Acts 1955, No. 543, p. 1200, §2.)
(a) The vocational rehabilitation service of the State Department of Education and the Department of Adult Blind and Deaf of the Alabama Institute for Deaf and Blind, working under a cooperative agreement, shall make surveys of concession stand opportunities for blind persons in buildings and on properties of the State of Alabama, its agencies, institutions, and political subdivisions.
(b) The vocational rehabilitation service of the State Department of Education shall be designated as the agency of the state to issue licenses to blind persons who are residents of Alabama for the operation of stands in buildings and on property of the State of Alabama, its agencies, institutions, and political subdivisions for the purpose of vending of newspapers, periodicals, confections, tobacco products, and such other articles as may be approved for each building and property by the licensing agency; provided, however, that no such license shall be issued for the operation of any such vending stand in any building or on property owned, leased, or used by any county or by any municipality or any agency thereof without the approval of the governing body of such county or municipality, which approval, if given, may be withdrawn so as to cancel such license at any time by such governing body.
(c) The Department of Adult Blind and Deaf of the Alabama Institute for Deaf and Blind shall work cooperatively with the licensing agency in the establishment of such concession stands and shall supervise their operation on a continuing basis.
(d) The Alabama Institute for Deaf and Blind and the State Department of Education, through the Department of Adult Blind and Deaf and the vocational rehabilitation service, respectively, will take such other steps as will be necessary and proper to carry out the provisions of this article.
(e) The licensing agency shall, in issuing each license for the operation of a vending stand, give preference to blind persons who are residents of Alabama. Each such license shall 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 such licensing agency. Such licenses shall be issued only to applicants who are blind within the meaning of this article but who are able, with such infirmity, to operate such stands.
(f) The licensing agency, after reaching proper agreement with the custodian, is authorized to select the location for such stand, the type of stand to be provided and the operator, and to provide the training and supervision necessary, equipment and shelter essential, and adequate initial stock of suitable articles to be vended therefrom.
(g) The head of each department or agency in control of the maintenance, operation, and protection of the state property shall, after consultation with the State Superintendent of Education and the president of the Alabama Institute for Deaf and Blind, prescribe a policy designed to assure such preference for such licensed blind persons.
(h) The state licensing agency is authorized, with the cooperation of the head of the department or agency in control of the maintenance, operation, and protection of the property on which the stand is to be located but subject to policy prescribed pursuant to subsection (g) of this section, to select a location for such stand and the type of stand to be provided.
(Acts 1955, No. 543, p. 1200, §1; Acts 1969, No. 428, p. 833.)
No representation shall be made that a product or service is “blind-made” unless the manufacturer employs blind persons to an extent constituting not less than 75 percent of the total hours worked by personnel engaged in the direct labor, production, or manufacture of blind-made products or services. Direct labor production shall mean all work required for the preparation, processing, and packing, but not including supervision, administration, inspection, and shipping or the production of the materials from which the finished product is manufactured.
(Acts 1955, No. 545, p. 1202, §2.)
No person or organization shall sell, distribute, or exhibit any product or service which purports or is advertised to be “blind-made” unless the Adult Blind Department of the Alabama Institute for Deaf and Blind shall certify that such product or service complies with the provisions of Section 21-1-60.
(Acts 1955, No. 545, p. 1202, §3.)
Any person, including the officers, owners, or members of any corporation or organization, who violates the provisions of this article shall, upon conviction, be punished by fine of not exceeding $500.00 or imprisonment not exceeding one year, or by both such fine and imprisonment.
(Acts 1955, No. 545, p. 1202, §4.)
All contracts of whatever nature for the sale or disposal of tangible personal property or standing timber owned by the Alabama Institute for Deaf and Blind shall be let by free and open competitive public auction or sealed bids by the Alabama Institute for Deaf and Blind. Every proposal to make a sale covered by this article shall be advertised for at least two weeks in advance of the date fixed for receiving the bids. Such advertisement shall appear at least once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be made, and a copy of such proposal shall simultaneously be posted on a readily accessible public bulletin board at the main office of the president of the Alabama Institute for Deaf and Blind and a public bulletin board at the Talladega County Courthouse. Advertisements for bids shall state the item or items to be sold, by class and description, where the property is located, and the dates, time, and place the property may be inspected. The advertisements shall further state the date, time, and place of auction or opening of sealed bids, and no bid shall be received at any time after the time advertised. The bids shall be publicly taken, or opened in case of sealed bids, by the president or his authorized representative, and all bidders shall be entitled to be present in person or by representative. The award of the contract shall be made to the successful bidder within 72 hours after taking of the bids unless the awarding authority, by formal action, provides for a reasonable extension of that period. The bid of the successful bidder so marked, as well as the bids of the unsuccessful bidders in the case of sealed bids, shall be placed on file open to public inspection and shall become matters of public record.
(Acts 1991, No. 91-658, p. 1245, §1.)
The President of the Alabama Institute for Deaf and Blind, with consent of the majority of the board of trustees, or his authorized representative may sell all items by lot or by individual item, whichever method, in his opinion, will bring the highest return for the items so advertised; provided, however, that in the event all bids received are less than the estimated market value of the property, the president or his authorized representative may reject all bids and re-advertise or sell by negotiated sale, provided further, however, that in the event the property is sold by negotiated sale under the provisions of this section, the value received must be more than the highest bid or bids received.
(Acts 1991, No. 91-658, p. 1245, §2.)
No officer or employee of the Alabama Institute for Deaf and Blind shall act as agent for any bidder; provided, however, that such officers or employees shall not be excluded from bidding on or purchasing Alabama Institute for Deaf and Blind property under this article.
(Acts 1991, No. 91-658, p. 1245, §3.)
All property advertised under the provisions of this article shall be available for inspection during the normal office hours and at whatever place advertised for at least 48 hours prior to sale.
(Acts 1991, No. 91-658, p. 1245, §4.)
All proceeds from sales made under the provisions of this article shall be paid into the Alabama Institute for Deaf and Blind general fund or other legally authorized depository, and are hereby continuously appropriated for immediate use by the Alabama Institute for Deaf and Blind.
(Acts 1991, No. 91-658, p. 1245, §5.)
All property sold under the provisions of this article shall be paid for by the purchaser or his representative at the time of removal, and said removal shall not be later than seven days after the awarding of the contract unless extended in writing by the president or his authorized representative; provided, however, the time limit of seven days shall not be applicable to sales of standing timber.
(Acts 1991, No. 91-658, p. 1245, §6.)
Any sale of tangible personal property or standing timber of the Alabama Institute for Deaf and Blind made in violation of the terms of this article shall be null and void and the person or persons responsible for the transaction and his bondsman shall be subject to a civil penalty of not less than $100.00 nor more than $1,000.00 which may be recovered for the Alabama Institute for Deaf and Blind by the Attorney General by suit in the Circuit Court of Talladega County.
(Acts 1991, No. 91-658, p. 1245, §7.)
Violation of any of the provisions of this article shall constitute a misdemeanor.
(Acts 1991, No. 91-658, p. 1245, §8.)
This article shall not affect liabilities incurred, rights or benefits accrued, or proceedings begun before August 8, 1991. Provided, however, all sales or disposal of tangible personal property or standing timber owned by the Alabama Institute for Deaf and Blind and made in accordance with the general procedure provided herein, are hereby validated retroactively.
(Acts 1991, No. 91-658, p. 1245, §9.)
The Department of Adult Blind and Deaf of the Alabama Institute for Deaf and Blind established pursuant to Section 21-1-15, in addition to all other powers and duties now encumbered upon it, is authorized:
(1) To maintain and develop workshops for training and employing blind, visually handicapped, deaf, and other severely handicapped persons.
(2) To develop, cooperate with and supervise similar shops in other localities in Alabama.
(3) To aid blind, visually handicapped, deaf, and severely handicapped persons in securing employment, in developing home industries, and in marketing their products.
(4) To act as the agent or salesman of workshops or other nonprofit agencies employing blind, visually handicapped, deaf, and other severely handicapped persons in the state under the supervision of such department in the marketing of their products and services. In order to carry out the duties hereby imposed, the Department of Adult Blind and Deaf shall issue a descriptive catalogue showing in detail such articles as are, or may be, produced under its supervision, and shall furnish copies thereof to all purchasing agents for any state department, agency, or institution and to the purchasing agents of the political subdivisions of the state and to other parties who may be interested. Upon receipt of requisitions for goods or services from the purchasing agents of the various state departments, agencies, and institutions or the purchasing agents of the political subdivisions of the state or other parties, the department shall distribute such orders among workshops and other nonprofit agencies under its supervision. The department shall keep accurate records showing the receipts from the sale of such products and services and all disbursements therefrom.
(Acts 1955, No. 542, p. 1197, §1; Acts 1969, No. 427, p. 831, §1.)
Whenever any of the products or services made, provided, or manufactured by individuals with disabilities under the direction or supervision of the Department of Adult Blind and Deaf of the Alabama Institute for Deaf and Blind meet the requirements of any department, institution, or agency supported in whole or in part by the state as to quality and quantity, such products or services shall have preference, except over articles produced or manufactured by convicts in Alabama employed in industries operated or supervised by the Department of Corrections, and all departments, institutions, and agencies supported in whole or in part by the state are directed to purchase the products or services from the Department of Adult Blind and Deaf. All political subdivisions of the state are authorized to purchase articles or services made, provided, or manufactured by individuals with disabilities through the department in the same manner that the state and its agencies and institutions purchase them. A fair market price for all articles offered for sale pursuant to this chapter shall be determined by the board created in Section 21-2-3. The board shall also ensure services approved do not adversely impact services provided under the Randolph-Sheppard Act of 1936, 20 U.S.C. 107 et seq., a vendor program for the hiring of individuals who are blind for the operation of vending facilities on state and federal property, as administered by the Department of Rehabilitation Services.
(Acts 1955, No. 542, p. 1197, §2; Acts 1969, No. 427, p. 831, §2; Act 2016-419, §1.)
The Director of Finance, the Attorney General, and the president of the Alabama Institute for Deaf and Blind are hereby constituted a board to fix a fair market price for all articles offered for sale under authority of this chapter, to determine whether or not articles produced by blind, visually handicapped, deaf, or other severely handicapped persons meet the reasonable requirements of state departments, agencies, and institutions and to authorize state departments, agencies, and institutions to purchase articles elsewhere when requisitions cannot be complied with through the Department of Adult Blind and Deaf. No department, institution, or agency shall be allowed to evade the intent and meaning of this chapter by slight variations from standards adopted by the Department of Adult Blind and Deaf of the Alabama Institute for Deaf and Blind when the articles produced or manufactured by it, in accordance with its standards, are reasonably adapted to the actual needs of such departments, institutions, agencies, or political subdivisions.
(Acts 1955, No. 542, p. 1197, §3; Acts 1969, No. 427, p. 831, §3.)
No voucher, certificate, or warrant issued by any state department, institution, or agency shall be questioned by the State Comptroller or by the State Treasurer on the grounds that Section 21-2-3 has not been complied with by such department, institution, or agency; but if intentional violation of Section 21-2-3 by any department, institution, or agency continues, after notice from the Governor to desist, it shall constitute a malfeasance in office and shall subject the officer or officers or agents responsible for this violation to suspension or removal from office as may be provided by law in other cases of malfeasance.
(Acts 1955, No. 542, p. 1197, §4.)
This chapter, together with funds made available through that section or those sections of the federal Social Security Act which relates to crippled children shall be administered by the Board of Rehabilitation Services through the Department of Rehabilitation Services Children’s Rehabilitation Service program and shall be used in the further development of the state’s program of physical restoration of crippled children or children having any congenital or acquired malformations or disabilities. The department is hereby authorized to accept donations, gifts, and bequests and to expend the same on approval of the Board of Rehabilitation Services for purposes approved under regulations of the Board of Rehabilitation Services. In order to carry out the purposes of this chapter, the State Board of Education is further authorized, through the Department of Rehabilitation Services Children’s Rehabilitation Service program, to enter into agreements with public and private clinics and agencies.
(Acts 1935, No. 398, p. 870; Code 1940, T. 49, §102; Acts 1949, No. 186, p. 218, §2.)
Any and all funds appropriated for physical restoration of crippled children may be used for the purpose of enabling the State Board of Education to comply with the federal Social Security Act and to continue to extend and improve the services for locating crippled children or children having any congenital or acquired malformations or disabilities and for providing medical, surgical, plastic, orthopedic, or other corrective services, care and treatment, and facilities for diagnosis, hospitalization, and aftercare for children suffering from disabilities from congenital or acquired malformations or from conditions which lead to disabilities, including eye defects, epilepsy, hearing defects, speech defects, or other congenital or acquired malformations that may be corrected.
(Acts 1935, No. 398, p. 870; Code 1940, T. 49, §101; Acts 1949, No. 186, p. 218, §1.)
All state and federal funds made available for carrying out the provisions of this chapter shall be paid by the treasurer on warrants drawn therefor by the Comptroller, on requisition of the Superintendent of Education.
(Acts 1939, No. 367, p. 486; Code 1940, T. 49, §103.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1949, No. 187, p. 219, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1949, No. 187, p. 219, §2.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1949, No. 187, p. 219, §3.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1949, No. 187, p. 219, §4.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1949, No. 187, p. 219, §5.)
This chapter shall be known and may be cited as the Alabama Early Intervention Act for Infants and Toddlers with Disabilities.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §1.)
The Legislature finds that there is an urgent and substantial need to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for all eligible infants and toddlers with disabilities and their families.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §2.)
The following words and phrases used in this chapter have the following respective meanings unless the context clearly indicates otherwise:
(1) COUNCIL. The Interagency Coordinating Council as established in Section 21-3A-4.
(2) EARLY INTERVENTION SERVICES. Any developmental services that:
a. Are provided under public supervision.
b. Are designed to meet the developmental needs of each eligible child and the needs of the family related to enhancing the development of the child.
c. Are selected in collaboration with the parents.
d. Are provided by qualified personnel as determined by the personnel standards of the state, the standards of the early intervention program, and the regulations.
e. Are provided in conformity with an individualized family service plan.
f. Meet the requirements of Public Law 99-457 as amended (20 U.S.C. §§1471 to 1485, inclusive), and the early intervention standards of the State of Alabama.
g. Are provided, to the extent appropriate, in the types of settings in which infants and toddlers without disabilities would participate.
h. Include, but are not limited to, the following services:
Assistive Technology Devices and Assistive Technology Services.
Audiology.
Family Training, Counseling, and Home Visits.
Health Services.
Medical Services Only for Diagnostic or Evaluation Purposes.
Nursing Services.
Nutrition Services.
Occupational Therapy.
Physical Therapy.
Psychological Services.
Service Coordination Services.
Social Work Services.
Special Instruction.
Speech-Language Pathology.
Transportation and related costs that are necessary to enable an infant or toddler, and the family of the infant or toddler to receive early intervention services.
Vision Services.
(3) EARLY INTERVENTION SYSTEM. The total effort in the state that is directed at meeting the needs of eligible infants and toddlers and their families.
(4) ELIGIBLE INFANTS AND TODDLERS. Individuals, from birth through age two, inclusive, who need early intervention services because of one or both of the following:
a. They are experiencing developmental delays as measured by appropriate diagnostic instruments and procedures in one or more of the following areas: cognitive development; physical development, including vision and hearing; communication development; social or emotional development; or adaptive development.
b. They have a diagnosed physical or mental condition which has a high probability of resulting in developmental delay.
c. Services for the at-risk population may be incorporated into the early intervention services system but are not included as a requirement of this chapter.
(5) INDIVIDUALIZED FAMILY SERVICE PLAN. A process which includes the development of a written plan containing the required elements designed to address the needs of eligible infants and toddlers and their families in accordance with Section 1477 of Title 20 of the United States Code.
(6) LEAD AGENCY. The Alabama Department of Education.
(7) LOCAL COORDINATING COUNCIL. A working group of interagency representatives, parents and other family members, and others at the local or regional level.
(8) MULTIDISCIPLINARY. The involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities and development of the individualized family service plan. The multidisciplinary team means a group comprised of the parents, service providers, and others as deemed appropriate by the family.
(9) PARENT. A parent, a guardian, a person acting as a parent of a child, or an appointed surrogate parent. The term does not include the state if the child is a ward of the state.
(10) POLICIES. The state statutes, regulations, orders of the Governor, directives by the lead agency, participating agencies, the Executive Committee, or other written documents that represent the position of the state concerning any matter within the purview of this chapter.
(11) PUBLIC AGENCY. A department, commission, council, board, division, service, private community provider, or an office or administration that is responsible for providing services to eligible infants and toddlers and their families pursuant to this chapter, including, but not limited to, the following:
a. Alabama Department of Education.
b. Alabama Department of Human Resources.
c. Alabama Department of Insurance.
d. Alabama Department of Mental Health.
e. Alabama Department of Public Health.
f. Alabama Institute for Deaf and Blind.
g. Alabama Medicaid Agency.
(12) REGULATIONS. The regulations implementing Part H of Public Law 99-457 as amended (20 U.S.C. §§1471 to 1485, inclusive), titled Early Intervention Program for Infants and Toddlers with Disabilities and codified as Part 303 of Title 34 of the Code of Federal Regulations.
(13) SERVICE COORDINATION. The case management and other activities carried out by a service coordinator to assist and enable a child eligible under Part H of Public Law 99-457 as amended (20 U.S.C. §§1471 to 1485, inclusive), and the family of the child, to receive the rights, procedural safeguards, and services that are authorized to be provided under the early intervention system of the state.
(14) SERVICE PROVIDER. Any individual or public or private agency who does all or any of the following:
a. Consults with or provides services to parents.
b. Consults with or provides services to other service providers.
c. Participates in the multidisciplinary team evaluation and assessment of a child and family of a child to develop the individualized family service plan.
d. Assists parents and others to provide services.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §3.)
(a) For the purposes of implementing this chapter, the Governor shall appoint the Interagency Coordinating Council. The council shall consist of not less than 15 members nor more than the number allowed by regulation.
(b) The Governor shall designate a member of the council to serve as the chair, or shall require the council to designate a member to serve as the chair.
(c) The council shall be composed as follows:
(1) At least 20 percent of the members shall be parents, including minority parents, of infants and toddlers with disabilities or children with disabilities aged 12 or younger. At least one member shall be a parent of an infant or toddler with a disability or a child with a disability aged 6 or younger.
(2) At least 20 percent of the members shall be public or private providers of early intervention services.
(3) One representative from the Alabama Legislature.
(4) One person involved in personnel preparation.
(5) The directors of the appropriate agencies involved in the provision of or payment for early intervention services to eligible infants, toddlers, and their families, or their designated representative. These agencies include, but are not limited to, each of the following:
a. Alabama Department of Education.
b. Alabama Department of Human Resources.
c. Alabama Department of Insurance.
d. Alabama Department of Mental Health and Mental Retardation.
e. Alabama Department of Public Health.
f. Alabama Institute for Deaf and Blind.
g. Alabama Medicaid Agency.
h. Others selected by the Governor, which may include a representative of the local coordinating councils.
(d) The seven enumerated directors of state agencies or their designees shall serve ex officio. All other appointments shall be made by the Governor with initial staggered terms and subsequent terms of two years.
(e) The council shall meet at least quarterly. Meetings shall be open to the public.
(f) The council shall advise and assist the lead agency in the performance of its responsibilities consistent with its role in federal law, regulations, and state policy.
(g) No member of the council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under state law.
(h) The Governor shall designate an executive committee, composed of the seven enumerated directors of the state agencies and at least two family members represented on the Interagency Coordinating Council, as the policy making body for the early intervention program. Its authority to set policy is limited to those broad policy areas which the executive committee or Interagency Coordinating Council has identified as having significant impact on the early intervention system, policies, and funding of the respective agencies. The policies shall be adopted only after deliberation and consultation with the Interagency Coordinating Council. The executive committee shall have each of the following duties:
(1) Ensure interagency collaboration and mutual sharing of information to facilitate policy decisions and implementation of the comprehensive statewide system of early intervention services.
(2) Assure the development of a state plan to coordinate available resources related to early intervention.
(3) Identify areas of duplicative or fragmented public policies and regulations which may require modification or amendment and plan action directed at those issues.
(4) Resolve interagency disputes.
(5) Provide for coordinated program planning and joint budget development related to early intervention services based on the studies and recommendations of the council.
(6) Assign financial responsibility among appropriate agencies.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §4.)
To the extent required by and consistent with Part H of Public Law 99-457 as amended, (20 U.S.C. §§1471 to 1485, inclusive), and its implementing regulations, a statewide system of coordinated comprehensive, multidisciplinary, interagency services providing appropriate early intervention services to all eligible infants and toddlers and their families shall include the required minimum components under federal law.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §5.)
The statewide system shall be implemented at the local level through local coordinating councils. The local coordinating council shall focus on the development of a formal, working team or agency involving parental and other representatives who regularly meet to perform each of the following duties:
(1) Develop a common information base.
(2) Eliminate unnecessary duplication of services.
(3) Develop a local plan.
(4) Coordinate local or regional early intervention services.
(5) Identify gaps in service.
(6) Collaborate on utilization of resources.
(7) Facilitate delivery of service to all eligible infants, toddlers, and their families.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §6.)
(a) The lead agency shall be responsible for the general administration, supervision, and monitoring of programs and activities within the early intervention system, including coordination of all available financial resources within the state from federal, state, local, and private sources, and other responsibilities as detailed in federal law.
(b) All providers of early intervention services shall be responsible for meeting all policies, procedures, and standards adopted by the state in providing early intervention services to eligible infants, toddlers, and their families. All participating agencies shall cooperate with the lead agency in meeting these responsibilities.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §7.)
(a) Upon full implementation of the early intervention system, eligible infants and toddlers, and their families shall receive each of the following:
(1) A comprehensive, multidisciplinary evaluation and assessment of the needs of the infant and toddler and the resources, priorities, and concerns of the family, and the identification of services to meet these needs.
(2) An explanation of the evaluation and assessment and all service options in the native language of the family and other accommodations as may be necessary to assure meaningful involvement in the planning and implementation of all services provided under this chapter. The explanation shall accommodate for cultural differences.
(3) A written individualized family service plan developed according to the recommendations of a multidisciplinary team with the parents as fully participating members of the team.
(4) The services outlined in the individual family service plan which, at a minimum, shall include service coordination.
(5) Procedural safeguards outlined in the regulations.
(b) The individualized family service plan shall serve as the singular comprehensive service plan for all agencies and service providers involved in providing early intervention services to the eligible infant or toddler and the family.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §8.)
Any federal funds made available to the state through Part H of Public Law 99-457, as amended, (20 U.S.C. §§1471 to 1485, inclusive), and any additional state funds appropriated for early intervention services shall not be used to satisfy a financial commitment for services that would otherwise have been paid for from another public or private source but for the enactment of Part H of Public Law 99-457, as amended, (20 U.S.C. §§1471 to 1485, inclusive). Funds under this part shall only be used for early intervention services that an eligible child needs but is not currently entitled to under any other federal, state, local, or private source.
All public agencies named in this chapter shall comply with Part H of Public Law 99-457, as amended, (20 U.S.C. §§1471 to 1485, inclusive), and its implementing regulations. The public agencies shall participate in the funding of the early intervention system as detailed in each agency’s agreement with the lead agency. The lead agency shall present an annual budget request to the Legislature that is developed in conjunction with and through coordination with the named public agencies.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §9.)
This chapter shall be interpreted to be consistent with and further the purpose and policy of Part H of Public Law 99-457, as amended, (20 U.S.C. §§1471 to 1485, inclusive), its implementing regulations, and any subsequent amendments to the law and its implementing regulations.
(Acts 1993, 1st Ex. Sess., No. 93-920, p. 224, §10.)
(a) This article is concerned with nonambulatory disabilities, semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of incoordination, and aging.
(b) It is intended to make all buildings and facilities covered by this article accessible to, and functional for, the physically handicapped to, through, and within their doors, without loss of function, space, or facility where the general public is concerned.
(Acts 1965, No. 224, p. 315, §2.)
For the purposes of this article the following terms shall have the meanings as set forth in this section:
(1) NONAMBULATORY DISABILITIES. Impairments that, regardless of cause or manifestation, for all practical purposes, confine individuals to wheelchairs.
(2) SEMIAMBULATORY DISABILITIES. Impairments that cause individuals to walk with difficulty or insecurity. Individuals using braces or crutches, amputees, arthritics, those with neuromuscular disorders, and those with pulmonary and cardiac ills may be semiambulatory.
(3) SIGHT DISABILITIES. Total blindness or impairments affecting sight to the extent that the individual functioning in public areas is insecure or exposed to danger.
(4) HEARING DISABILITIES. Deafness or hearing handicaps that might make an individual insecure in public areas because he is unable to communicate or hear warning signals.
(5) DISABILITIES OF INCOORDINATION. Faulty coordination or palsy from brain, spinal, or peripheral nerve injury.
(6) AGING. Those manifestations of the aging processes that significantly reduce mobility, flexibility, coordination, and perceptiveness but are not accounted for in the aforementioned categories.
(7) STANDARD. When this term appears in small letters it is descriptive and shall mean typical type.
(8) FIXED TURNING RADIUS, WHEEL TO WHEEL. The tracking of the caster wheels and large wheels of a wheelchair when pivoting on a spot.
(9) FIXED TURNING RADIUS, FRONT STRUCTURE TO REAR STRUCTURE. The turning radius of the wheelchair, left front foot platform to right rear wheel or right front foot platform to left rear wheel, when pivoting on a spot.
(10) INVOLVED (INVOLVEMENT). A portion or portions of the human anatomy or physiology or both that have a loss or impairment of normal function as a result of genesis, trauma, disease, inflammation, or degeneration.
(11) RAMPS, RAMPS WITH GRADIENTS. Ramps with gradients or ramps with slopes that deviate from what would otherwise be considered the normal level. An exterior ramp, as distinguished from a “walk” shall be considered an appendage to a building leading to a level above or below existing ground level. As such, a ramp shall meet certain requirements similar to those imposed upon stairs.
(12) WALK, WALKS. A predetermined, prepared-surface exterior pathway leading to or from a building or a facility or from one exterior area to another, placed on the existing ground level and not deviating from the level of the existing ground immediately adjacent.
(13) APPROPRIATE NUMBER. The number of a specific item that would be reasonably necessary, in accord with the purpose and function of a building or a facility, to accommodate individuals with specific disabilities in proportion to the anticipated number of individuals with disabilities who would use a particular building or facility.
(Acts 1965, No. 224, p. 315, §3.)
The State Fire Marshal shall prescribe and publish standards and specifications for the buildings, premises, and facilities to which this article applies, which will make such buildings accessible to and functional for the physically disabled who are confined to wheelchairs and to those ambulating on braces or crutches, or both, or on canes, to the blind and to the deaf. Such standards and specifications may be based on the American National Standards Institute specifications, as heretofore or hereafter amended. Such standards and specifications shall apply to building features such as the width of halls and doorways, and the construction of stairs, the installation of ramps, the installation of other equipment and accessories to aid the handicapped, the location and installation of equipment and accessories for the buildings such as public telephones, fire alarms, toilet rooms, lights, heat and ventilation controls or switches, elevator signals, and similar items of frequent or essential use. They shall require both visual and audible warning devices to warn the deaf and blind as well as the public generally of possible hazards. They shall also apply to the grading of the lots on which any building to which this article applies are located and to walks and parking areas accessible to such buildings.
(Acts 1965, No. 224, p. 315, §1; Acts 1975, No. 1210, p. 2524, §1.)
(a) The standards and specifications prescribed by the fire marshal, as authorized in this article, shall apply to all buildings and facilities used by the public which are constructed in whole or in part by the use of state, county, or municipal funds, or the funds of any political subdivision of the state. All such buildings and facilities constructed in this state after October 10, 1975, from any one of these funds or any combination thereof shall conform to each of the standards and specifications prescribed therein, and also any standards and specifications prescribed as supplementary thereto, as authorized in Section 21-4-6.
(b) Such standards and specifications shall be adhered to in those buildings and facilities under construction on October 10, 1975, unless a written waiver thereof is issued pursuant to Section 21-4-5. If the authority responsible for the construction determines that the construction has reached a state where compliance is impractical, and applies to the fire marshal or the Director of the Division of Construction Management of the Department of Finance for a waiver, such officer or officers shall issue the requested waiver.
(Acts 1965, No. 224, p. 315, §1; Acts 1975, No. 1210, p. 2524, §1.)
(a) The State Fire Marshal and the Division of Construction Management of the Department of Finance are each hereby authorized to construe and interpret the standards and specifications prescribed as authorized in this article.
(b) Each of such officers is hereby authorized, with the concurrence of the other, to grant a waiver of a particular standard or specification upon proper application therefor, when in their joint opinion, following the specification or standard would be unreasonably costly and impractical, or that an alternative facility is already reasonably available.
(Acts 1965, No. 224, p. 315, §1; Acts 1975, No. 1210, p. 2524, §1.)
(a) The responsibility for reviewing architectural plans and specifications for buildings to which this article applies shall be as follows:
(1) Where state school funds are utilized, the State Board of Education and the Division of Construction Management of the Department of Finance.
(2) Where other state funds are utilized, the Division of Construction Management of the Department of Finance.
(3) Where funds of counties, municipalities or other political subdivisions are utilized, the governing bodies thereof and the Division of Construction Management of the Department of Finance.
(b) Each such reviewing authority is hereby authorized to adopt and enforce rules and regulations prescribing additional standards based on standards prescribed by the American National Standards Institute for making buildings and facilities accessible to and functional for the physically handicapped.
(Acts 1965, No. 224, p. 315, §10; Acts 1975, No. 1210, p. 2524, §1.)
The State Fire Marshal is charged with the duty of enforcing standards and specifications prescribed as authorized in Section 21-4-3. For such purpose, he shall have the same power and authority to inspect buildings, facilities, and premises to which this article applies that he has relative to buildings which might constitute fire hazards. If he finds that any building to which this article applies does not comply with the applicable standards and specifications duly prescribed and published pursuant to Section 21-4-3, he shall immediately order the same to be conformed to such standards and specifications. Such order may be appealed and enforced in the same manner prescribed for appealing and enforcing the Fire Marshal’s orders relative to the elimination of fire hazards.
(Acts 1965, No. 224, p. 315, §10; Acts 1975, No. 1210, p. 2524, §1.)
It is the intention of the Legislature in enacting this article to promote the fundamental right to vote by requiring registration and polling places for state elections to be readily accessible to handicapped and elderly individuals.
(Acts 1985, No. 85-234, p. 133, §1.)
As used in this article, unless the context clearly indicates a different meaning, the following terms shall have meanings ascribed to them as follows:
(1) ELDERLY INDIVIDUAL. An individual 65 years of age or older;
(2) ELECTION FOR STATE OFFICE. A general, special primary, or runoff election for an executive, legislative, or judicial state office that is contested on a statewide basis;
(3) HANDICAPPED INDIVIDUAL. An individual qualified to vote, who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable without accessible facilities or registration and voting aids to have access to registration and voting equal to that available to persons who are not so affected;
(4) STATE. State of Alabama;
(5) VOTING PRECINCT. The area inhabited by all individuals assigned to one polling place for a state election.
(Acts 1985, No. 85-234, p. 133, §2.)
(a) The Attorney General of this state, in consultation with the United States Secretary of Health and Human Services, and in accordance with Section 553 of Title 5, United States Code, shall promulgate, within six months of April 8, 1985, guidelines to assure that registration and polling place facilities used for state elections are readily accessible to and usable by handicapped and elderly individuals. Such guidelines at a minimum shall require:
(1) That all polling places shall be located
a. In any building or other facility which is or can be made accessible, by temporary ramp or otherwise, to individuals in wheelchairs on election days for all hours during which said polling places are used for the purpose of a state election; and
b. On the ground level of the building or other facility or at a location within such building or facility as is accessible by elevator; and
(2) That all places of registration shall be located
a. In any building or other facility which is or can be made accessible by temporary ramp or otherwise to individuals in wheelchairs for all hours during which said places of registration are used for the purpose of a state election; and
b. On the ground level of the building or other facility or at a location within such building or facility as is accessible by elevator.
(b) The requirements of subsection (a) of this section shall not apply to registration places located in private residences or to temporary places of registration designated or used by deputy or assistant registrars on a one-time or occasional basis; provided, however, that comparable registration procedures and/or registration places which comply with the guidelines are available to handicapped and elderly individuals.
(c) No provision of this article shall be deemed to constitute legal justification for decreasing, or failing to increase, the number of places provided for voter registration or the number of polling places.
(Acts 1985, No. 85-234, p. 133, §3.)
(a) The appropriate election officials in the several counties of this state shall make available registration and voting aids for handicapped and elderly individuals in state elections. These aids shall include, but are not limited to:
(1) Instructions, printed in large type, conspicuously displayed at each voter registration site and polling place, sufficient to provide hearing impaired and seriously visually impaired individuals with adequate information as to how and where they may register and vote.
(2) Paper ballots, available at each polling place, for the use of voters who would otherwise be prevented from voting because of their inability to operate a voting machine.
(3) Absentee ballots, available to any handicapped or elderly individual who, because of handicap or age, is unable to go to the polling facility in a state election. The deadlines for requesting and submitting an absentee ballot under this subsection shall not be earlier than the latest deadlines prescribed by law for other persons voting by absentee ballot.
(4) The opportunity for any handicapped or elderly individual who, because of handicap or age, requires assistance in casting a vote, to select a person of his or her choice to accompany such individual into the polling place to assist in the casting of the vote.
(b) The appropriate election officials of each county shall issue public notice in each voting precinct of the requirement for and the availability of these registration and voting aids, which notice shall be notification for all handicapped and elderly individuals. This notice shall be issued as early as practicable, but in any case not later than 60 days before any state election or the registration deadline for such election.
(Acts 1985, No. 85-234, p. 133, §4.)
(a) Whenever the Attorney General of this state has reason to believe that
(1) A registration or polling place does not comply with the standards prescribed under subsection (a) of Section 21-4-23; or
(2) A county has failed to provide registration and voting aids as required by Section 21-4-23, the Attorney General may institute, in the name of the state, an action in the Circuit Court of Montgomery County against the county, for injunctive relief, as may be necessary to implement this article.
(b) Whenever an individual has reason to believe that
(1) A registration or polling place does not comply with the standards prescribed under subsection (a) of Section 21-4-23; or
(2) A county has failed to provide registration and voting aids as required by Section 21-4-23, and that individual is personally aggrieved or is acting on behalf of an individual personally aggrieved by failure of the county to comply with this article, that individual may institute an action in the local circuit court against the county, for injunctive relief, as may be necessary to implement this article.
(Acts 1985, No. 85-234, p. 133, §5.)
There is hereby created the Governor’s Committee on Employment of the Handicapped, by which name this chapter shall be known, for the purpose of carrying on a continuing program to promote the employment of the physically, mentally, emotionally, and otherwise handicapped citizens of Alabama. Such committee shall work in close cooperation with both state and federal agencies having responsibility for the rehabilitation and employment of the handicapped and shall be charged with the duty of creating state-wide interest in and more effectively carrying out the purpose of such agencies. Such committee shall be authorized to make necessary rules and regulations, not inconsistent with this chapter, for promoting its purposes.
(Acts 1965, No. 226, p. 323, §1.)
The Governor shall designate the first full week in October of each year as “Employ the Handicapped Week.” The committee shall promote and encourage the holding of appropriate ceremonies throughout the state during said week, the purpose of which ceremonies shall be to enlist public support for and interest in the employment of the handicapped.
(Acts 1965, No. 226, p. 323, §2.)
The Governor’s committee shall be nonpartisan, nonprofit, and shall not engage in the dissemination of partisan principles.
(Acts 1965, No. 226, p. 323, §3.)
There shall be no limit as to the number of members on the Governor’s Committee on Employment of the Handicapped, all of whom shall be appointed by the Governor and shall serve at his pleasure. The committee shall be composed of state leaders of industry, business, agriculture, labor, veterans, women, religious, educational, civic, fraternal, welfare, scientific and medical, and other professions, groups, or individuals who shall be appointed by the Governor. Such members shall not receive compensation or expenses for services rendered.
(Acts 1965, No. 226, p. 323, §4.)
The chairman of the committee shall be appointed by the Governor and shall serve at the pleasure of the Governor. The committee shall elect from its membership a secretary-treasurer and certain of its members to serve as an executive committee. Subject to the rules and regulations adopted by the full committee, the administrative powers and duties of the committee shall be vested in the executive committee. The full committee shall meet annually, but at the request of the chairman or executive committee special meetings may be called.
(Acts 1965, No. 226, p. 323, §5.)
The Governor shall request heads of state agencies and invite heads of federal agencies having direct interest in a program for the handicapped to serve as members of an advisory council to the committee. The advisory council shall annually elect a chairman who shall serve as the vice-chairman of the Governor’s committee.
(Acts 1965, No. 226, p. 323, §6.)
An employment of the handicapped liaison group shall be established to consist of the chairman of the Governor’s Committee, the chairman of the advisory council, and the executive secretary in order to maintain coordination of the program under the provisions of this chapter.
(Acts 1965, No. 226, p. 323, §7.)
An executive secretary, and such other personnel as recommended by the executive committee shall be appointed by the State Superintendent of Education in the same manner as other state employees, subject to the provisions of the State Merit System. The salaries of the executive secretary and office personnel, the cost of materials, supplies, travel, awards, citations, and other expenses as may be deemed necessary for the purpose of promoting a program for the rehabilitation and employment of the handicapped in this state shall be paid from the funds provided for in Section 21-5-9, and funds appropriated by the Legislature and such federal money as may accrue through matching funds.
(Acts 1965, No. 226, p. 323, §8.)
The committee is authorized to establish a trust fund and to accept gifts, contributions, donations, or bequests, but not excluding any other source of revenue, for the purpose of promoting the rehabilitation and employment of the handicapped citizens of this state. Such moneys shall be deposited in the trust fund and administered and disbursed in the same manner and under the same conditions as other moneys which may be appropriated for this purpose. Any balance of these moneys shall not lapse at any time, but shall be continuously available for expenditures consistent with the purpose of this chapter.
(Acts 1965, No. 226, p. 323, §9.)
The committee shall make a formal evaluation and shall make an annual report to the Governor and the Legislature, including therein suggestions and recommendations for protecting and improving the state’s effectiveness in employing or helping to employ handicapped individuals. The annual report and evaluation shall be submitted to the Governor and the Legislature at least 30 days prior to the convening of the Regular Session for the year. The report shall include statistics on:
(1) Total number of handicapped individuals in Alabama;
(2) Number seeking employment;
(3) Number receiving employment through efforts of the Governor’s committee;
(4) A listing of accomplishments resulting from actions taken by the committee; and
(5) Any other supportive data that can be used to measure the effectiveness of the actions of the committee.
(Acts 1980, No. 80-147, p. 217.)
The Children’s Rehabilitation Services of the Department of Rehabilitation Services is authorized to establish a rehabilitation program for the homebound to provide medical and attendant care and adjustment aids to those handicapped persons who meet certain requirements stated in this chapter. The Children’s Rehabilitation Services shall be responsible for the administration of the program, but may contract with other state agencies or private organizations in connection with the program.
(Acts 1975, 3rd Ex. Sess., No. 109, p. 336, §1.)
Services that may be provided eligible persons, if not available from other sources, include:
(1) Medical care;
(2) Adjustment training;
(3) Attendant care;
(4) Prosthetic appliances;
(5) Home health care by health care teams;
(6) Home modification; provided, that no more than $1,000.00 shall be expended on any one home in any one year;
(7) Transportation; and
(8) Medical supplies.
(Acts 1975, 3rd Ex. Sess., No. 109, p. 336, §2.)
Services available under this chapter may be provided to any person who:
(1) Has made application therefor to the director of the Children’s Rehabilitation Service in the manner prescribed by him;
(2) Has a severe disability that causes the person to be homebound, such disability to be certified by an appropriate medical specialist;
(3) Has not sufficient income or resources, including family income or resources, insurance, workman’s compensation, etc., to meet the cost of home care services applied for, such insufficiency to be determined by a rehabilitation and Children’s Rehabilitation Service staff member;
(4) Is under the care of a family member who is a potential wage earner and will be relieved to engage in employment outside the home, such circumstances to be certified by a vocational rehabilitation counselor, and such counselor will be responsible for helping place such family member in employment; and
(5) Is a resident of this state.
(Acts 1975, 3rd Ex. Sess. No. 109, p. 336, §3.)
Attendant care may be provided when (1) the requirements of Section 21-6-3 are met and (2) an attendant trained by competent medical and vocational rehabilitation personnel is available to provide the care needed by the homebound person. Nothing in this chapter shall be construed to prohibit a member of the handicapped person’s family from serving as an attendant under this chapter.
(Acts 1975, 3rd Ex. Sess., No. 109, p. 336, §4.)
The Director of the Children’s Rehabilitation Service of the Department of Rehabilitation Services shall establish as many regional rehabilitation committees as he deems necessary. Each such committee shall be made up of (1) a medical specialist, (2) a vocational rehabilitation counselor, (3) a registered nurse, (4) a physical therapist, and (5) a social worker. Each committee member shall be appointed by and serve at the pleasure of the Director of the Children’s Rehabilitation Service. Such committees shall be responsible for the final determination of the eligibility of each applicant for services provided under this chapter and the type and extent of services needed by such applicant.
(Acts 1975, 3rd Ex. Sess., No. 109, p. 336, §5.)
(a) It is the policy of this state to encourage and enable the blind, the visually impaired, and the physically disabled to participate fully in the social and economic life of the state and to engage in meaningful employment.
(b) For the purposes of this chapter, the following terms shall have the following meanings:
(1) HANDLER. Includes an individual with a disability and a trainer.
(2) HOUSING ACCOMMODATION. Any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more individuals, but does not include any single-family residence, the occupants of which rent, lease, or furnish for compensation not more than one room therein.
(3) INDIVIDUAL WITH A DISABILITY. As defined by 42 U.S.C. §12102, and further defined as an individual who has a physical or mental impairment, including a physical, sensory, psychiatric, intellectual, or other mental disability, that substantially limits one or more major life activities of the individual.
(4) MAJOR LIFE ACTIVITY. A function such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(5) PHYSICAL OR MENTAL IMPAIRMENT. A physiological disorder or condition, disfigurement, or anatomical loss that affects one or more bodily functions, or a mental or psychological disorder that meets one of the diagnostic categories specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, such as an intellectual or developmental disability, organic brain syndrome, traumatic brain injury, post traumatic stress disorder, or mental illness.
(6) PUBLIC ACCOMMODATION. A common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or other public conveyance or mode of transportation, a hotel, a timeshare that is a transient public lodging establishment, a lodging place, a place of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all individuals. The term does not include air carriers covered by the Air Carrier Access Act of 1986, 49 U.S.C. Section 41705, and by regulations adopted by the United States Department of Transportation to implement that act.
(7) SERVICE ANIMAL. a. As defined by 28 C.F.R. §35.104, and further defined as an animal that is trained to do work or perform tasks for an individual with a disability. The work done or tasks performed shall be directly related to the disability of the individual and may include, but are not limited to all of the following: Guiding an individual who is visually impaired or blind; alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects; alerting an individual to the presence of allergens; providing physical support and assistance with balance and stability to an individual with a mobility disability; helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors; reminding an individual with mental illness to take prescribed medications; calming an individual with post traumatic stress disorder during an anxiety attack; and doing other specific work, or performing other special tasks. b. The term shall include a dog owned, used, or in training by any police or fire department, rescue or first response squad, ambulance corps, or search and rescue organization for the purpose of locating criminals and lost individuals, or detecting illegal substances, explosives, cadavers, accelerants, or school or correctional facility contraband. A service animal may not be a pet. For the purposes of Sections 21-7-3, 21-7-4, and 21-7-5, the term is limited to a dog or a miniature horse. The crime-deterrent effect of the presence of an animal and the provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of this definition.
(8) TRAINER. Any of the following:
a. An owner with a disability who is actually involved in the training process.
b. An individual who is competent and qualified to train a service animal, has at least one year’s experience training animals, and who is actually involved in the training process.
c. An individual having photo identification stating that he or she is an employee, volunteer, agent, or graduate of a school for seeing eye, hearing, service, or guide dogs or an organization generally recognized by agencies involved in the rehabilitation of individuals with disabilities as reputable and competent to provide dogs with training, and who is actually involved in the training process.
(9) TRANSIENT PUBLIC LODGING ESTABLISHMENT. Any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings that is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or that is advertised or held out to the public as a place regularly rented to guests.
(Acts 1975, No. 869, p. 1711, §1; Act 2019-478, §1.)
An individual with a disability has the same right as an individual who is not disabled to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.
(Acts 1975, No. 869, p. 1711, §2; Act 2019-478, §1.)
(a) An individual with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in every public accommodation.
(b) A public accommodation shall modify its policies, practices, and procedures to permit the use of a service animal by an individual with a disability.
(c) This chapter does not require a person, firm, business, or corporation, or an agent thereof, to modify or provide a vehicle, premises, facility, or service to a higher degree of accommodation than is required for an individual who is not disabled.
(Acts 1975, No. 869, p. 1711, §2; Act 2019-478, §1.)
(a) An individual with a disability has the right to be accompanied by a service animal in all areas of a public accommodation, including a public or private school, that the public or customers are normally permitted to occupy.
(b) A service animal shall be under the control of its handler and shall have a harness, collar, leash, or other tether, unless either the handler is unable because his or her disability prevents him or her from the use of a harness, collar, leash, or other tether, or the use of a harness, collar, leash, or other tether would interfere with the safe, effective performance of work or tasks by the service animal, in which case the service animal shall be otherwise under the control of the handler by means of voice control, signals, or other effective means.
(c)(1) The trainer of a service animal, while engaged in the training of the animal, has the same rights and privileges with respect to access to areas of public accommodation and the same liability for damage as is provided for an individual with a disability who is accompanied by a service animal.
(2)a. A dog that is a service animal in training shall wear a harness, collar, leash, cape, or backpack that identifies in writing that the dog is a service animal in training.
b. Other service animals in training shall be identifiable by written identification as a service animal in training.
c. The written identification for a service animal in training shall be visible and legible from a distance of at least 20 feet.
(3) To determine the difference between a service animal in training and a pet, a public accommodation may ask any of the following:
a. If a trainer is an owner trainer with a disability or a qualified trainer with at least one year’s experience training animals.
b. For photo identification stating that the trainer is an employee, volunteer, agent, or graduate of a school for seeing eye, hearing, service, or guide dogs or an organization generally recognized by agencies involved in the rehabilitation of individuals with disabilities as reputable and competent to provide dogs with training, and who is actually involved in the training process.
c. What task the animal is being trained to perform, and if the trainer is currently engaged in the training of the animal.
(d) Documentation that the service animal is trained is not a precondition for providing service to an individual accompanied by a service animal.
(1) A public accommodation may not ask about the nature or extent of the disability of an individual.
(2) To determine the difference between a service animal and a pet, a public accommodation may ask if an animal is a service animal required because of a disability and what work or tasks the animal has been trained to perform.
(3) A public accommodation may not impose a deposit or surcharge on a trainer or an individual with a disability as a precondition to permitting a service animal to accompany the individual with a disability, even if a deposit is routinely required for pets.
(e) In the case of a minor with a disability, including a minor diagnosed on the autism spectrum, any aide assigned to assist the minor shall be trained with the service animal in basic commands in order to assist the minor as a team.
(f) An individual with a disability is liable for damage caused by a service animal if it is the regular policy and practice of the public accommodation to charge an individual who is not disabled for damages caused by a pet.
(g) The care or supervision of a service animal is the responsibility of the individual owner of the service animal.
(1) A public accommodation may not be required to provide care or food or a special location for a service animal or assistance with removing animal excrement.
(2) A public accommodation may exclude or remove an animal from the premises, including a service animal, if the animal is out of control and the handler of the animal does not take effective action to control the animal, the animal is not housebroken, or the behavior of the animal poses a direct threat to the health and safety of others.
(3) Allergies and fear of animals are not valid reasons for denying access or refusing service to an individual with a service animal.
(4) If a service animal is excluded or removed for being a direct threat to others, the public accommodation shall provide the individual with a disability the option of continuing access to the public accommodation without having the service animal on the premises.
(h) A person who knowingly and willfully misrepresents himself or herself, through conduct or verbal or written notice, as using a service animal and being qualified to use a service animal or as a trainer of a service animal is guilty of a Class C misdemeanor, and in addition to any fines and penalties provided by law, shall perform 100 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization, at the discretion of the court, to be completed in not more than six months.
(i) A person convicted of a second or subsequent violation of subsection (h) shall be guilty of a Class B misdemeanor and shall be fined one hundred dollars ($100).
(Acts 1975, No. 869, p. 1711, §2; Acts 1982, No. 82-527, p. 877, §1; Act 99-698, 2nd Sp. Sess., p. 298, §1; Act 2001-344, p. 446, §1; Act 2011-578, p. 1251, §1; Act 2019-478, §1.)
A conspicuous sign may be posted in a location accessible to public view in a place of public accommodation that contains the following, or substantially similar, language:
“NOTICE: Service animals welcome. It is illegal for a person to misrepresent an animal in that person’s possession as a service animal.”
(Acts 1975, No. 869, p. 1711, §4; Act 2019-478, §1.)
(a) The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a service animal, or an individual employed by an accredited school for training a service animal who provides notice through a sign or other method that he or she is training an animal as a service animal shall take all necessary precautions prescribed by law to avoid injury to the blind pedestrian or the trainer.
(b)(1) A service animal in training that is a dog shall wear a harness, collar, leash, cape, or backpack that identifies in writing that the dog is a service animal in training.
(2) Other service animals in training shall be identifiable by written identification as a service animal in training.
(3) The written identification for a service animal in training shall be visible and legible from a distance of at least 20 feet.
(c) Any driver who fails to take all necessary precautions shall be liable in damages for any injury caused to the pedestrian or the trainer.
(Acts 1975, No. 869, p. 1711, §3; Act 99-698, 2nd Sp. Sess., p. 298, §1; Act 2019-478, §1.)
A totally or partially blind pedestrian not carrying a cane as described in Section 21-7-6 or any totally or partially blind individual not using a service animal in a public accommodation shall have all of the rights and privileges conferred by law upon other individuals, and the failure of a totally or partially blind pedestrian to carry a cane or of a totally or partially blind individual to use a service animal in a public accommodation may not be held to constitute nor be evidence of contributory negligence.
(Acts 1975, No. 869, p. 1711, §3; Act 2019-478, §1.)
It is the policy of this state that an individual with a disability shall be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as an individual who is not disabled, and an employer may not refuse employment to an individual with a disability on the basis of his or her disability alone, unless it is shown that the particular disability prevents the satisfactory performance of the work involved.
(Acts 1975, No. 869, p. 1711, §6; Act 2019-478, §1.)
(a) An individual with a disability shall be entitled to full and equal access, as are other members of the general public, to any housing accommodation offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law and applicable alike to all individuals.
(b) Nothing in this section shall require any person renting, leasing, or providing for compensation real property to modify his or her property in any way or provide a higher degree of care for an individual with a disability than for an individual who is not disabled.
(c)(1) An individual with a disability who has a service animal or who obtains a service animal shall be entitled to full and equal access to any housing accommodation as provided for in this section.
(2) An individual with a disability may not be required by the housing accommodation to pay extra compensation for a service animal, but shall be liable for any damage done to the premises or to another person on the premises by the service animal.
(3) A housing accommodation may request proof of compliance with vaccination requirements for a service animal.
(d) This chapter does not limit the rights or remedies of a housing accommodation or an individual with a disability that are granted by state or federal law with regard to other assistance animals.
(Acts 1975, No. 869, p. 1711, §7; Act 2019-478, §1.)
Each year, the Governor shall take suitable public notice of October 15 as White Cane Safety Day. He shall issue a proclamation in which:
(1) He comments upon the significance of the white cane;
(2) He calls upon the citizens of the state to observe the provisions of the White Cane Law and to take precautions necessary to the safety of the disabled;
(3) He reminds the citizens of the state of the policies with respect to the disabled herein declared and urges the citizens to cooperate in giving effect to them; and
(4) He emphasizes the need of the citizens to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.
(Acts 1975, No. 869, p. 1711, §5.)
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMITTEE. The Hemophilia Advisory Committee established by this chapter.
(2) HEMOPHILIA. A bleeding disorder resulting from a genetically determined deficiency factor in the blood, or hereditarily resulting in an abnormal or deficient plasma procoagulant.
(Acts 1975, No. 1181, p. 2312, §2.)
In order to foster the health, welfare, and safety of the people of this state and to facilitate the research and treatment of hemophilia and related diseases, it is hereby declared to be the policy of this state to achieve the maximum practical degree of care and treatment for persons suffering from hemophilia and other related diseases.
(Acts 1975, No. 1181, p. 2312, §1.)
There is hereby established the Hemophilia Treatment Program in Alabama, to be administered by the Children’s Rehabilitation Service of the Department of Rehabilitation Services. Such treatment program shall use the existing facilities and staff of the Children’s Rehabilitation Service, as required, for the care and treatment of persons suffering from hemophilia. The Hemophilia Treatment Program shall assist those persons who require continuing treatment with blood, blood derivatives, or a manufactured pharmaceutical product to avoid crippling, hospitalization, or other effects associated with hemophilia, but who are unable to pay for the entire cost of such services on a continuing basis, despite the existence of various types of hospital and medical insurance, Medicare, Medicaid, other government assistance programs, and private charitable assistance.
(Acts 1975, No. 1181, p. 2312, §3.)
The Director of the Children’s Rehabilitation Service shall appoint a committee to consult with the Children’s Rehabilitation Service in the administration of the program established by this chapter. The committee shall be composed of not more than 12 members representing hospitals, voluntary agencies interested in hemophilia, medical specialists in hemophilia patient care, representatives of adult hemophiliacs and parents of hemophiliacs, and the general public; but no group shall have more than four members on the committee. Each member of the committee shall hold office for a term of four years or until his successor is appointed and qualified; except, that of those members initially appointed, two shall be appointed for one-year terms, three shall be appointed for two-year terms, three shall be appointed for three-year terms, and three shall be appointed for four-year terms. Any vacancy occurring on the committee shall be filled by appointment by the division director for the unexpired term. The committee shall meet at least annually, and at such other times as the chairman or a majority of members deem necessary. Members of the committee shall receive no compensation, but shall be reimbursed, upon proper documentation, for their actual and necessary expenses incurred in the performance of their official duties.
(Acts 1975, No. 1181, p. 2312, §3.)
It is the duty of the Children’s Rehabilitation Service, with the advice of the committee, to:
(1) Develop standards for determining eligibility for care and treatment under this chapter.
(2) Assist in the development and expansion of programs for the care and treatment of persons suffering from hemophilia and related diseases, including home care and medical and dental procedures designed to provide maximum control over bleeding.
(3) Extend financial assistance to persons suffering from hemophilia for the purpose of obtaining blood, blood derivatives and concentrates, and other efficacious agents for use in hospital, medical and dental facilities, and in the home.
(4) Institute and carry on community educational programs for the detection of hemophilia and for the counseling of individuals and families.
(5) Conduct educational programs for physicians, dentists, hospitals, regional health departments, and the public concerning the methods of care and treatment for persons suffering from hemophilia.
(Acts 1975, No. 1181, p. 2312, §4.)
It is the policy of this state to provide rehabilitation services, to the extent needed and feasible within resources available, to eligible children and adults with disabilities throughout the state, so that they may engage in meaningful educational and employment opportunities and live independently to the extent of their capabilities, thereby increasing their social and economic well-being and that of their families, and the productive capacity of this state and nation, also thereby reducing the burden of dependency on families and taxpayers.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §1.)
For the purposes of this chapter, the following words and phrases shall have the respective meanings ascribed to them by this section:
(1) BOARD. The Board of Rehabilitation Services.
(2) COMMISSIONER. The Commissioner of the Department of Rehabilitation Services, who shall administer the department.
(3) COMPONENT PROGRAMS. The following programs administered by the department:
a. Children’s Rehabilitation Service. A service program that provides educational, medical, and habilitative services including recreational and physical fitness services for children with special health care needs, including coordination and support for their families through statewide community-based programs.
b. Early Intervention Program. A program that provides early intervention services for children, up to the age of three years, who are born with disabling conditions or who are at risk for developmental delay.
c. Adult Vocational Rehabilitation Service. A service program that provides training and employment-related services for persons who have disabilities that present a substantial barrier to employment and who, as a result of services, have a reasonable expectation of becoming employed. This program also offers special services for the sensory impaired, providing employment opportunities for those who have hearing or visual impairments, or both.
d. Business Enterprise Program. A specialized program that provides food service vending employment opportunities for legally blind individuals.
e. Client Assistance Program. A consumer and client advocacy service program designed to provide information and resolve problems or questions related to the provision of rehabilitation services.
f. Governor’s Committee on Employment of People with Disabilities. A program that is funded and administered by the Department of Rehabilitation Services to increase awareness, provide information, and reduce barriers to employment for people with disabilities.
g. Homebound Service. A service program that provides nursing, counseling, and attendant care services for persons with severe disabilities to enable them to achieve maximum independence in their home environment.
(4) DEPARTMENT. The Department of Rehabilitation Services, a state department of government directly responsible to the Board of Rehabilitation Services for the direction and supervision of rehabilitation services.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §2.)
(a) All powers, duties, and functions of, and all related records, property, equipment of, and all contractual rights, obligations of, and unexpended balances of appropriations and other funds or allocations of the Division of Rehabilitation Services and the division’s component programs of the State Board of Education and the State Department of Education shall be transferred to the Board of Rehabilitation Services and the Department of Rehabilitation Services on or before January 1, 1995.
(b) All funds appropriated to the State Department of Education for fiscal year ending September 30, 1995, for the Division of Rehabilitation Services and the division’s component programs, shall be transferred to the Department of Rehabilitation Services for its use during that fiscal year under the same terms and conditions as specified for those funds in any appropriation bill, or as otherwise specified by law.
(c) All personnel positions of the Division of Rehabilitation Services and the division’s component programs and personnel in the Division of Computer Services and the Division of Administrative and Financial Services Accounting Section whose responsibilities and assignments are in full-time support of the Division of Rehabilitation Services, shall be transferred to the Department of Rehabilitation Services on January 1, 1995, at a level commensurate with the level of each respective position on December 31, 1994.
(d) The State Board of Education and the State Department of Education shall assist the Board of Rehabilitation Services and the Department of Rehabilitation Services with the highest degree of cooperation to carry out the intent and purpose of this chapter and to achieve an orderly transition.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §3.)
There is created the Board of Rehabilitation Services consisting of seven members, one from each United States Congressional District, appointed by the Governor and confirmed by the Senate as follows:
(1) Three members shall be individuals with a disability, selected from consumer disability organizations.
(2) One member shall be a parent of a child with a disability.
(3) Three members shall be selected from organizations of business and industry within the state.
The appointed members shall reflect the diversity of the population of the State of Alabama.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §4.)
Of the members first appointed to the Board of Rehabilitation Services: one shall be appointed for a term of seven years; one for a term of six years; one for a term of five years; one for a term of four years; one for a term of three years; one for a term of two years; and one for a term of one year. Thereafter, terms of office shall be seven years, commencing on the first day of October and ending on the thirtieth day of September. No member shall serve more than two full seven-year terms of office. Any member appointed to fill a vacancy shall hold office for the remainder of the unexpired term. A member shall serve until his or her successor takes office or 60 days after the expiration of the term of office, whichever occurs first. No member shall be an employee or elected official of the State of Alabama or a political subdivision thereof.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §5.)
Before entering upon the duties of office, each member of the board shall take and subscribe to an oath to uphold the Constitution and laws of the United States and this state and to perform the duties of office honestly, faithfully, and impartially. Each member shall give a bond of five thousand dollars ($5,000), with a sufficient surety approved by the State Treasurer. After approval, the bond shall be filed with the Secretary of State. If the bond is executed by a surety company, the premiums shall be paid from funds appropriated and available to the department.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §6.)
Each member of the board shall receive travel and per diem compensation for expenses incurred in the conduct of official duties while attending meetings and transacting the business of the board, in accordance with applicable state travel and per diem paid to state employees. The compensation of members shall be paid from funds available to the department in the same manner as other expenses are paid.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §7.)
The board shall elect a chair from its membership at the first meeting of initial board members on January 15, 1995, and every two years thereafter. A majority of the membership of the board shall constitute a quorum for the transaction of any business. The board shall meet at least quarterly and, at the call of the chair or any four members, shall hold other special meetings. All meetings shall be called by the chair, except the first meeting of initial board members, which shall be called by the Governor.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §8.)
The board shall perform all of the following duties:
(1) Make rules and regulations for the provision of rehabilitation services.
(2) Direct and supervise the expenditure of legislative appropriations for rehabilitation services.
(3) Prescribe qualifications for the commissioner, directors, professionals, and administrative and clerical employees.
(4) Disseminate information concerning and promoting interest in disability and rehabilitation issues among the citizens of Alabama.
(5) Take appropriate action to guarantee rights of and services to people with disabilities.
(6) Delegate to any employee of the department any necessary powers and duties.
(7) Serve as the governing authority of programs administered by the department, including but not limited to: The administration of the state’s plan under the “Rehabilitation Act of 1973, as amended”; the Social Security Act, Title V, which relates to children with special health care needs; and the Randolph-Sheppard Vending Stand Act (P.L. 74-732), as amended by P.L. 83-565 and P.L. 93-515, 20 U.S.C., Ch. 6A, Sec. 107.
(8) Accept and hold, invest, reinvest, dispose of, divest, or otherwise use gifts, donations, devises or bequests of money, or real or personal property made for the purpose of furthering rehabilitation services.
(9) Hold, lease, or rent real or personal property and make any repair and improvement on all property under its control that is in the best interest of the department; and, subject to the approval of the Governor, construct, acquire, sell, or convey title to real estate.
(10) Except where otherwise clearly indicated, delegate to the commissioner authority to act and make decisions concerning the management and operation of the department.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §9.)
(a) The Director of the Division of Rehabilitation Services of the State Department of Education shall serve as the initial commissioner of the Department of Rehabilitation Services commencing on January 1, 1995, and shall be provided a contract of employment for a period not to exceed one year.
(b) The board may thereafter appoint a commissioner to serve at its pleasure who shall be the chief executive officer of the department, on a contract basis not exceeding a four-year period.
(c) The board may establish the salary and expense allowance to be paid to the commissioner. The salary and expense allowance shall be paid in installments from the annual appropriation made to the board or the department.
(d) The commissioner shall serve as secretary to the board and shall have the responsibility for the operation, management, control, supervision, maintenance, regulation, and improvement of the department in conformity with policies adopted by the board.
(e) The salary, compensation, procedures, and personnel policies governing employees of the department shall be subject to the rules and regulations adopted and promulgated by the State Personnel Department and merit system as created under Sections 36-26-100 to 36-26-108, inclusive.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §10.)
(a) The commissioner shall direct all matters involving the department in conformance with state and federal law and the policies of the board.
(b) The commissioner shall perform the following specific duties:
(1) Enforce the rules and regulations of the board governing the department’s services and programs.
(2) Appoint to positions of employment those professional, clerical, and other assistants, including specialists and consultants, on a full or part-time basis as may be needed. The number of employees, their qualifications, their compensation, and all other expenditures of the commissioner shall be within the limits of a budget approved by the board. The commissioner and all employees of the department shall be entitled to all benefits accruing to merit system employees including the right to accumulate leave and participate in the Teachers’ Retirement System under the same terms and conditions as employees of the State Department of Education and the Alabama Community College System.
(3) Prepare, or cause to be prepared, an annual report to the board on activities of the department submitted on the first day of December, or as early thereafter as practicable, for its approval and adoption. The commissioner shall also prepare, or cause to be prepared, all other reports which are required of the board.
(4) Promulgate, with the approval of the board, regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications for services, eligibility and investigation for rehabilitation services, procedures for due process, and other regulations necessary to carry out the purposes of this chapter and to conform with state and federal law.
(5) Establish, with the approval of the board, appropriate subordinate administrative units within the department.
(6) Prepare and submit to the board and the Legislature annual reports of activities and expenditures and, before each regular session of the Legislature, coordinate budget requests required for administering this chapter, and provide estimates of the sums to be made available for this purpose from all sources.
(7) Supervise all institutions, offices, programs, and services now existing or hereafter acquired or created under the jurisdiction of the department.
(8) Certify the disbursement of available funds.
(9) Delegate, with the approval of the board, to any officer or employee of the department those powers and duties necessary to effectuate the purposes of this chapter.
(10) Prepare or cause to be prepared, and submit for approval and adoption by the board, legislative measures needed for the further development and improvement of rehabilitation services.
(11) Enter into contracts necessary for the department to carry out its functions. Any personal service contract must be approved by the Legislative Permanent Contract Review Committee prior to such contract becoming effective.
(12) Consult with and advise other state agencies to assist them in meeting the needs of disabled persons more effectively and to achieve maximum coordination among programs for people with disabilities.
(13) Establish advisory councils consistent with the needs of the board and the department.
(14) Support, assist, and cooperate with the Governor’s committee on employment of persons with disabilities.
(15) Take any necessary or appropriate action for cooperation with public and private agencies and organizations which may include, but is not limited to the development of:
a. Reciprocal agreements with other states to provide for the vocational rehabilitation of individuals with the states concerned.
b. Contracts or other agreements with public and other nonprofit agencies and organizations for the construction or establishment and operation of community rehabilitation programs and facilities.
c. Cooperative agreements with the federal government for carrying out any federal requirements pertaining to disability and rehabilitation.
d. Requirements necessary to obtain federal funds in the maximum amount and the most advantageous proportion for the state as possible.
(16) Conduct research and demonstration projects, including inquiries concerning the causes of disability and its prevention; provide training and instruction, including the establishment and maintenance of research fellowships and traineeships along with all necessary stipends and allowances; disseminate information; and provide technical assistance relating to disability and rehabilitation.
(17) Plan, establish, and operate programs, facilities, and services relating to disability and rehabilitation.
(18) Establish a program of attendant care and home case management.
(19) Establish and provide consultative services for small business enterprises operated by persons with a substantial impediment to employment, including people who are blind.
(20) Appear before the Permanent Joint Legislative Committee on Finances and Budget for not less than five consecutive years immediately following January 1, 1995.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §11.)
The Board of Rehabilitation Services and the Department of Rehabilitation Services shall automatically continue in existence, but both may be dissolved and all operations restored to the State Board of Education and to the State Department of Education, respectively, by passage of a joint resolution of the Legislature during any session within five years following January 1, 1995.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §12.)
The State Board of Education and the State Superintendent of Education shall take all administrative action, including the transfer of funds, appropriate and necessary to carry out the intent and purpose of this act.
(Acts 1994, 1st Ex. Sess., No. 94-824, p. 147, §13.)
(a) There shall be established at the Department of Rehabilitation Services a toll-free telephone number in an office staffed by an assistant or deputy attorney general to provide information on the rights and responsibilities under the Americans with Disabilities Act. The Attorney General shall appoint either an assistant attorney general or deputy attorney general to staff the office, who shall have experience and knowledge in disability law and related issues. The duties of the office shall include, but not be limited to the following: Public information; referral; public education; training; data collection; and analysis. All records of the office shall be confidential.
(b) All public relations material of the office shall identify the office as an office of an assistant or deputy attorney general. The office may develop forms, records, documents, and other materials as it may deem necessary to perform its duties. The assistant or deputy attorney general shall make an annual report to the Legislature, the Attorney General, and to the Alabama Disability Commission.
(c) The assistant or deputy attorney general and the office staff are prohibited from practicing law and shall have the same immunities against civil damages in the performance of their duties as for other employees or assistants of the Attorney General.
(Act 98-255, p. 422, §§1-3.)
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