Wyo. Code R. 206-0002-27
General Agency, Board or Commission Rules
Chapter 27: Montgomery Trust Fund for the Blind
Effective Date: 04/20/1998 to Current
Rule Type: Current Rules & Regulations
Reference Number: 206.0002.27.04201998
Section 1. Authority. These Montgomery Trust Fund for the Blind rules are promulgated by the Wyoming Department of Education, State of Wyoming, in accordance with W.S. 25-6-101.
(a) 'Blind or Visually Impaired' means a visual acuity of 20/70 or less in the best eye with best correction or a visual field of 20 degrees at its widest point as determined by a professional health provider, such as an optometrist or ophthalmologist.
(b) 'Department' means the Wyoming Department of Education.
'Citizens' means persons physically residing in the State of Wyoming for at least six (6) months per year with the intention to remain.
(d) 'Grantee' means an individual or group of individuals or entities, public, private, or non-profit, that receives funds following submission and approval of an application as outlined in these regulations.
(e) 'Advisory Board' means the Montgomery Trust Fund Advisory Board.
'Trust Fund' means the Montgomery Trust Fund for the Blind.
'SVI' means the Services for the Visually Impaired, a unit within the Wyoming Department of Education.
Section 3. Purposes. The purpose of these rules is to amend by replacement, rules of the State Board of Charities and Reform with rules of the Department relating to the Trust Fund in conformance with W.S. 25-6-101 to:
(a) Acknowledge that the Department has a fiduciary duty, legally enforceable, to apply the interest and income from the trust fund for the benefit of as many blind citizens of Wyoming as possible. It is the Department's responsibility as well as its authority to do the greatest good for the greatest number of blind citizens of Wyoming.
(b) Provide grants for the use and benefit of blind citizens in Wyoming to alleviate the condition of the blind in order that their lives be made more productive, pleasant, comfortable and enjoyable.
(c) Allow administration of the grants program by the Department as described in these rules and regulations.
Section 4. Applicability. These rules and amendments thereto shall govern the operation of and use of income and interest of the Trust Fund.
Section 5. Amendment of Rules. Amendments to these rules shall be promulgated by the Department after consultation with the Advisory Board, and adoption as provided by the Wyoming Administrative Procedures Act (W.S. 16-3-103).
(a) The State Superintendent of Public Instruction shall appoint an Advisory Board to assist the Department, consisting of one Department staff member, three visually impaired or blind persons, and three citizens selected from various parts of the state; rotating membership to assure appropriate continuity of membership with no member, other than the Department representative, serving more than four consecutive years.
(b) The members of the Advisory Board shall receive, when actually engaged in the performance of their duties, travel expenses, per diem, and mileage expenses in the same manner as employees of the state. These costs may be paid from the interest and income of the fund. Other administrative expenses such as salaries and rent will not be paid from the interest and income of the fund.
(c) The Advisory Board shall meet at least annually at the call of the State Superintendent of Public Instruction and at such other times as the State Superintendent of Public Instruction and the Advisory Board shall agree.
(d) The Advisory Board shall recommend operational policies and internal procedures which provide for the selection of a chairperson and rotating membership to assure appropriate continuity of membership.
(e) The Advisory Board shall recommend operational policies and internal procedures which shall establish criteria for grant selection.
(f) The Advisory Board shall carry out such duties as may be required under these rules and regulations.
Section 7. Eligibility for Grants. Potential grantees must apply to the Department to use Trust Fund monies. Applications must be processed through the local SVI consultant and must be submitted in its entirety by the specified deadline in order to be considered.
(a) Applications shall be on forms prescribed by the Department.
(b) Applications shall be received by such date(s) as the Department establishes.
(c) Application deadlines and procedures shall be widely publicized to facilitate equal access to the funds on the part of all potential grantees.
(d) The application shall include:
(i.) Name and address of applicant; (ii.) Description of need for funds; (iii.) Specification of need for training; (iv.) Dollar amount requested; (v.) Number of persons who will be served; (vi.) Specific visual acuities of individual(s) in target population;
Documentation of an individual's visual status by a licensed optometrist or ophthalmologist. (Must be dated within one year prior to the advisory board meeting date.)
(viii.) Demonstration that Trust funds will not supplant funds available from other sources; and
(ix.) Other information that the Department requires.
SVI consultants will review applications for completeness and appropriateness based on board approved internal guidelines. Those applications that meet these guidelines shall be submitted by the department to the Advisory Board for its review and recommendation.
After considering the Advisory Board's recommendations, the Department shall do one of the following:
(i.) Grant entire request; (ii.) Grant a portion of the request; (iii.) Call for additional information; or (iv.) Deny request.
Procedures for acting on applications and establishing eligibility shall be as follows:
The Advisory Board shall recommend the amount of funds to be expended for the ensuing year not to exceed the interest and income available.
(ii.) Total awards shall not exceed annual interest and income based on the current fiscal year funds, and any unused interest or income may be added to the corpus of the Trust.
(i. abA recommendation of the Advisory Board requires a majority vote of a quorum of the Advisory Board.
Section 10. Board Authorization. The Advisory Board will notify the Department of applications which are recommended for approval for Trust Fund expenditures. The Department shall make the necessary determination and then arrange for official notification to grantee of approval, grant conditions, and the amount available to the grantee. The Department shall also notify those applicants who have been denied.
Section 11. Payment. The Department shall receive payment claims and shall arrange for payment of expenditures up to the amount approved. The Department maintains the right to review claims prior to payment to assure compliance with grant conditions.
Section 12. Reporting. Within one calendar year of grant award, each grantee shall submit to the Department, on prescribed forms, a fiscal report, description of the accomplishments, successes, or failures of the project and other information. Reports shall be presented by the Department to the Advisory Board for its review upon request.
Section 13. Equipment. Equipment purchased by grantees as part of approved grant expenditures belongs to the Trust Fund. Description of the use, location, and maintenance requirements shall be outlined under the terms and conditions of each approved grant. Equipment returned to the Trust Fund shall be under the purview of the Department. The Department, after consultation with the Advisory Board, may dispose of equipment it deems no longer useful according to the procedures of the State of Wyoming governing surplus property.