Spil

State Plan for Independent Living (SPIL) for the State Independent Living Services and Center for Independent Living programs

Att_SPIL Revision Instrument - 2013 Extension

State Plan for Independent Living and Center for Independent Living Programs

OMB: 1820-0527

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363301012013 Extension


State: ________



State Plan For
Independent Living

(SPIL)



Chapter 1, Title VII of the Rehabilitation Act of 1973, as Amended


State Independent Living Services (SILS) Program

Part B


Centers for Independent Living (CIL) Program
Part C



FISCAL YEARS _________________














Effective Date: October 1, __________


TABLE OF CONTENTS




Part I: Assurances


Section 1: Legal Basis and Certifications 3

Section 2: SPIL Development 3

Section 3: Independent Living Services 5

Section 4: Eligibility 5

Section 5: Staffing Requirements 5

Section 6: Fiscal Control and Fund Accounting 6

Section 7: Recordkeeping, Access and Reporting 6

Section 8: Protection, Use and Release of Personal Information 7

Section 9: Signatures 7


Part II: Narrative


Section 1: Goals, Objectives and Activities 8

Section 2: Scope, Extent, and Arrangements of Services 12

Section 3: Design for the Statewide Network of Centers 14

Section 4: Designated State Unit (DSU) 14

Section 5: Statewide Independent Living Council (SILC) 15

Section 6: Service Provider Requirements 16

Section 7: Evaluation 17

Section 8: State-Imposed Requirements 17



PART I: Assurances

State of: ______________________


Section 1: Legal Basis and Certifications


    1. The designated State unit (DSU) eligible to submit the State Plan for Independent Living (SPIL or the plan) and authorized under State law to perform the functions of the State under the State Independent Living Services (SILS) and Centers for Independent Living (CIL) programs is _________________ (insert name of DSU). 34 CFR 76.104(a)(1) and (2); 34 CFR 364.22(a)


    1. The separate State agency eligible to submit the plan and authorized under State law to provide vocational rehabilitation (VR) services to individuals who are blind is _________________ (insert name of separate State agency). Indicate N/A if not applicable. 34 CFR 76.104(a)(1) and (2); 34 CFR 364.20(d) and 364.22(c)


    1. The Statewide Independent Living Council (SILC) that meets the requirements of section 705 of the Act and is authorized to perform the functions outlined in section 705(c) of the Act in the State is _______________________ (insert name of SILC). 34 CFR 364.21(a)


    1. The DSU and, if applicable, the separate State agency authorized to provide VR services to individuals who are blind, and the SILC are authorized to jointly develop, sign and submit this SPIL on behalf of the State, and have adopted or otherwise formally approved the SPIL. 34 CFR 76.104(a)(7); 34 CFR 364.20(c) and (d)


    1. The DSU, and, if applicable, the separate State agency authorized to provide VR services to individuals who are blind, may legally carry out each provision of the plan and will comply with all applicable Federal statutes and regulations in effect with respect to the three-year period it receives funding under the SPIL. 34 CFR 76.104; 34 CFR 80.11(c)


    1. The SPIL is the basis for State operation and administration of the program. All provisions of the SPIL are consistent with State law. 34 CFR 76.104(a)(4) and (8)


    1. The representative of the DSU and, if applicable, of the separate State agency authorized to provide VR services to individuals who are blind, who has the authority under State law to receive, hold, and disburse Federal funds made available under the SPIL and to submit the SPIL jointly with the SILC chairperson is _________________ (Name, title of DSU director) and _________________ (Name, title of separate State agency director, if applicable). 34 CFR 76.104(a)(5) and (6)


Section 2: SPIL Development


    1. The plan shall be reviewed and revised not less than once every three years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, the needs in the State for:


  • The provision of State independent living services;

  • The development and support of a statewide network of centers for independent living; and

  • Working relationships between programs providing independent living services and independent living centers, the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities. 34 CFR 364.20(f)


    1. The DSU and SILC conduct public meetings to provide all segments of the public, including interested groups, organizations and individuals, an opportunity to comment on the State plan prior to its submission to the Commissioner and on any revisions to the approved State plan. 34 CFR 364.20(g)(1)


    1. The DSU and SILC establish and maintain a written description of procedures for conducting public meetings in accordance with the following requirements. The DSU and SILC shall provide:

  • appropriate and sufficient notice of the public meetings (that is, at least 30 days prior to the public meeting through various media available to the general public, such as newspapers and public service announcements, and through specific contacts with appropriate constituency groups and organizations identified by the DSU and SILC);

  • reasonable accommodation to individuals with disabilities who rely on alternative modes of communication in the conduct of the public meetings, including providing sign language interpreters and audio-loops; and

  • public meeting notices, written material provided prior to or at the public meetings, and the approved State plan in accessible formats for individuals who rely on alternative modes of communication. 34 CFR 364.20(g)(2)


    1. At the public meetings to develop the State plan, the DSU and SILC identify those provisions in the SPIL that are State-imposed requirements beyond what would be required to comply with the regulations in 34 CFR parts 364, 365, 366, and 367. 34 CFR 364.20(h)


    1. The DSU will seek to incorporate into, and describe in, the State plan any new methods or approaches for the provision of IL services to older individuals who are blind that are developed under a project funded under chapter 2 of title VII of the Act and that the DSU determines to be effective. 34 CFR 364.28


    1. The DSU and SILC actively consult, as appropriate, in the development of the State plan with the director of the Client Assistance Program (CAP) authorized under section 112 of the Act. 34 CFR 364.20(e)


Section 3: Independent Living Services


3.1 The State, directly or through grants or contracts, will provide IL services with Federal, State,

or other funds. 34 CFR 364.43(b)


    1. Independent living services shall be provided to individuals with significant disabilities in accordance with an independent living plan mutually agreed upon by an appropriate staff member of the service provider and the individual, unless the individual signs a waiver stating that such a plan is unnecessary. 34 CFR 364.43(c)


    1. All service providers will use formats that are accessible to notify individuals seeking or receiving IL services under chapter 1 of title VII about:


  • the availability of the CAP authorized by section 112 of the Act;

  • the purposes of the services provided under the CAP; and

  • how to contact the CAP. 34 CFR 364.30

    1. Participating service providers meet all applicable State licensure or certification requirements. 34 CFR 365.31(c)


Section 4: Eligibility


    1. Any individual with a significant disability, as defined in 34 CFR 364.4(b), is eligible for IL services under the SILS and CIL programs authorized under chapter 1 of title VII of the Act. Any individual may seek information about IL services under these programs and request referral to other services and programs for individuals with significant disabilities, as appropriate. The determination of an individual's eligibility for IL services under the SILS and CIL programs meets the requirements of 34 CFR 364.51. 34 CFR 364.40(a), (b) and (c)


    1. Service providers apply eligibility requirements without regard to age, color, creed, gender, national origin, race, religion or type of significant disability of the individual applying for IL services. 34 CFR 364.41(a)


    1. Service providers do not impose any State or local residence requirement that excludes any individual who is present in the State and who is otherwise eligible for IL services from receiving IL services. 34 CFR 364.41(b)


Section 5: Staffing Requirements


    1. Service provider staff includes personnel who are specialists in the development and provision of IL services and in the development and support of centers. 34 CFR 364.23(a)


    1. To the maximum extent feasible, a service provider makes available personnel able to communicate:


  • with individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille or audio tapes, and who apply for or receive IL services under title VII of the Act; and

  • in the native languages of individuals with significant disabilities whose English proficiency is limited and who apply for or receive IL services under title VII of the Act. 34 CFR 364.23(b)


    1. Service providers establish and maintain a program of staff development for all classes of positions involved in providing IL services and, if appropriate, in administering the CIL program. The staff development programs emphasize improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy. 34 CFR 364.24


    1. All recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will take affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act. 34 CFR 364.31


Section 6: Service Provider Requirements


Describe how the following service provider requirements will be met:


6.1 Staffing – 34 CFR 364.23; 34 CFR 364.24; 34 CFR 364.31


  • Inclusion of personnel who are specialists in the development and provision of IL services and in the development and support of centers.

  • Availability, to the maximum extent feasible, of personnel able to communicate (1) with individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille, or audio tapes and (2) in the native languages of individuals with significant disabilities whose English proficiency is limited and who apply for or receive IL services under title VII of the Act.

  • Establishment and maintenance of a program of staff development for all classes of positions involved in providing IL services and, where appropriate, in administering the CIL program, improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy.

  • Affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act.


6.2 Fiscal Control and Fund Accounting – 34 CFR 364.34


  • Adoption of those fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds made available through parts B and C of chapter 1 of title VII of the Act, in addition to complying with applicable EDGAR fiscal and accounting requirements.


6.3 Recordkeeping, Access and Reporting – 34 CFR 364.35; 34 CFR 364.36; 34 CFR 364.37


  • Maintenance of records that fully disclose and document the information listed in

34 CFR 364.35.

  • Submission of annual performance and financial reports, and any other reports that the Secretary determines to be appropriate

  • Access to the Commissioner and the Comptroller General, or any of their duly authorized representatives, for the purpose of conducting audits, examinations, and compliance reviews, to the information listed in 34 CFR 364.37.


6.4 Eligibility – 34 CFR 364.40; 34 CFR 364.41


  • Eligibility of any individual with a significant disability, as defined in 34 CFR 364.4(b), for IL services under the SILS and CIL programs.

  • Ability of any individual to seek information about IL services under these programs and to request referral to other services and programs for individuals with significant disabilities.

  • Determination of an individual's eligibility for IL services under the SILS and CIL programs in a manner that meets the requirements of 34 CFR 364.51.

  • Application of eligibility requirements without regard to age, color, creed, gender, national origin, race, religion, or type of significant disability of the individual applying for IL services.

  • Non-exclusion from receiving IL services of any individual who is present in the State and who is otherwise eligible for IL services, based on the imposition of any State or local residence requirement.


6.5 Independent Living Plans – 34 CFR 364.43(c)


  • Provision of IL services in accordance with an IL plan complying with Sec. 364.52 and mutually agreed upon by the individuals with significant disabilities and the appropriate service provider staff unless the individual signs a waiver stating that an IL plan is unnecessary.


6.6 Client Assistance Program (CAP) Information – 34 CFR 364.30


  • Use of accessible formats to notify individuals seeking or receiving IL services under chapter 1 of title VII about the availability of the CAP program, the purposes of the services provided under the CAP, and how to contact the CAP.


6.7 Protection, Use and Release of Personal Information – 34 CFR 364.56(a)


  • Adoption and implementation of policies and procedures meeting the requirements of 34 CFR 364.56(a), to safeguard the confidentiality of all personal information, including photographs and lists of names.


Section 7: Recordkeeping, Access and Reporting


    1. In addition to complying with applicable EDGAR recordkeeping requirements, all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will maintain records that fully disclose and document:


  • the amount and disposition by the recipient of that financial assistance;

  • The total cost of the project or undertaking in connection with which the financial assistance is given or used;

  • the amount of that portion of the cost of the project or undertaking supplied by other sources;

  • compliance with the requirements of chapter 1 of title VII of the Act and Part 364 of the regulations; and

  • other information that the Commissioner determines to be appropriate to facilitate an effective audit. 34 CFR 364.35(a) and (b)


    1. With respect to the records that are required by 34 CFR 364.35, all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will submit reports that the Commissioner determines to be appropriate. 34 CFR 364.36


    1. All recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will provide access to the Commissioner and the Comptroller General, or any of their duly authorized representatives, to the records listed in 34 CFR 364.37 for the purpose of conducting audits, examinations, and compliance reviews. 34 CFR 364.37


Section 8: Protection, Use, and Release of Personal Information


    1. Each service provider will adopt and implement policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names in accordance with the requirements of 34 CFR 364.56(a)(1-6). 34 CFR 364.56(a)


Section 9: Signatures


After having carefully reviewed all of the assurances in sections 1 - 8 of this SPIL, the undersigned hereby affirm that the State of ________________ is in compliance and will remain in compliance with the aforementioned assurances during ______________ (specify the

three-year period covered by this SPIL).


The effective date of this SPIL is October 1, _____________ (year)


_____________________________________________________________________________

SIGNATURE OF SILC CHAIRPERSON DATE


_____________________________________________________________________________

NAME OF SILC CHAIRPERSON

_____________________________________________________________________________

SIGNATURE OF DSU DIRECTOR DATE


_____________________________________________________________________________

NAME AND TITLE OF DSU DIRECTOR


_____________________________________________________________________________

SIGNATURE OF DIRECTOR OF THE SEPARATE DATE

STATE AGENCY FOR INDIVIDUALS WHO ARE BLIND


_____________________________________________________________________________

NAME AND TITLE OF THE DIRECTOR OF THE

SEPARATE STATE AGENCY FOR INDIVIDUALS WHO ARE BLIND


State of: ______________________


Part II: Narrative


Section 1: Goals, Objectives and Activities


    1. Goals and Mission – 34 CFR 364.42(b)(1)


Describe the overall goals and mission of the State's IL programs and services. The SPIL must address the goals and mission of both the SILS and the CIL programs, including those of the State agency for individuals who are blind as they relate to the parts of the SPIL administered by that agency.


1.2 Objectives – 34 CFR 364.42(a)(1) and (d); 34 CFR 364.32; 34 CFR 364.33


1.2A Specify the objectives to be achieved and the time frame for achieving them.

1.2B Describe the steps planned regarding outreach to populations in the State that are unserved or underserved by programs under title VII, including minority groups and urban and rural populations. This section of the SPIL must:


  • Identify the populations to be designated for targeted outreach efforts;

  • Identify the geographic areas (i.e., communities) in which the targeted populations reside; and

  • Describe how the needs of individuals with significant disabilities from minority group backgrounds will be addressed.

1.3 Financial Plan – 34 CFR 364.42(a)(2) and (3); 34 CFR 364.29


Describe in sections 1.3A and 1.3B, below, the financial plan for the use of Federal and non-Federal funds to meet the SPIL objectives.


1.3A Financial Plan Tables


Complete the financial plan tables covering years 1, 2 and 3 of this SPIL. For each funding source, provide estimated dollar amounts anticipated for the applicable uses. The financial plan table should include only those funding sources and amounts that are intended to support one or more of the objectives identified in section 1.2 of the SPIL. To the extent possible, the tables and narratives must reflect the applicable financial information from centers for independent living. Refer to the SPIL Instructions for additional information about completing the financial tables and narratives.


  • Insert additional rows for the specific funding sources and amounts expected within the categories of Other Federal Funds and Non-Federal Funds.


Year 1


Sources

Approximate Funding Amounts and Uses


SILC Resource Plan

IL Services

General CIL Operations

Other SPIL Activities

Title VII Funds





Chapter 1, Part B





Chapter 1, Part C





Chapter 2, OIB (only those provided by the OIB grantee to further a SPIL objective)










Other Federal Funds





Sec. 101(a)(18) of the Act (Innovation and Expansion)





Other










Non-Federal Funds





State Funds





Other






Year 2


Sources

Approximate Funding Amounts and Uses


SILC Resource Plan

IL Services

General CIL Operations

Other SPIL Activities

Title VII Funds





Chapter 1, Part B





Chapter 1, Part C





Chapter 2, OIB (only those provided by the OIB grantee to further a SPIL objective)










Other Federal Funds





Sec. 101(a)(18) of the Act (Innovation and Expansion)





Other










Non-Federal Funds





State Funds





Other






Year 3


Sources

Approximate Funding Amounts and Uses


SILC Resource Plan

IL Services

General CIL Operations

Other SPIL Activities

Title VII Funds





Chapter 1, Part B





Chapter 1, Part C





Chapter 2, OIB (only those provided by the OIB grantee to further a SPIL objective)










Other Federal Funds





Sec. 101(a)(18) of the Act (Innovation and Expansion)





Other










Non-Federal Funds





State Funds





Other






1.3B Financial Plan Narratives


1.3B(1) Specify how the part B, part C and chapter 2 (Older Blind) funds, if applicable, will further the SPIL objectives.


1.3B(2) Describe efforts to coordinate Federal and State funding for centers and IL services, including the amounts, sources and purposes of the funding to be coordinated.


1.3B(3) Describe any in-kind resources including plant, equipment or services to be provided in support of the SILC resource plan, IL services, general CIL operations and/or other SPIL objectives.


1.3B(4) Provide any additional information about the financial plan, as appropriate.


1.4 Compatibility with Chapter 1 of Title VII and the CIL Work Plans – 34 CFR 364.42(c) and (e)


1.4A Describe how the SPIL objectives are consistent with and further the purpose of chapter 1 of title VII of the Act as stated in section 701 of the Act and 34 CFR 364.2.


1.4B Describe how, in developing the SPIL objectives, the DSU and the SILC considered and incorporated, where appropriate, the priorities and objectives established by centers for independent living under section 725(c)(4) of the Act.


1.5 Cooperation, Coordination, and Working Relationships Among Various Entities – 34 CFR 364.26


Describe the steps that will be taken to maximize the cooperation, coordination and working relationships among the SILS program, the SILC, and centers; the DSU, other State agencies represented on the SILC and other councils that address the needs of specific disability populations and issues; and other public and private entities determined to be appropriate by the SILC.


  • The description must identify the entities with which the DSU and the SILC will cooperate and coordinate.


1.6 Coordination of Services – 34 CFR 364.27


Describe how IL services funded under chapter 1 of title VII of the Act will be coordinated with and complement other services to avoid unnecessary duplication with other Federal, State, and local programs, including the OIB program authorized by chapter 2 of title VII of the Act, that provide IL- or VR-related services.


1.7 Independent Living Services for Individuals who are Older Blind – 34 CFR 364.28


Describe how the DSU seeks to incorporate into, and describe in, the State plan any new methods or approaches for the provision of IL services to older individuals who are blind that are developed under the Older Individuals who are Blind program and that the DSU determines to be effective.


Section 2: Scope, Extent, and Arrangements of Services


2.1 Scope and Extent – 34 CFR 364.42(b)(2)(3); 34 CFR 364.43(b); 34 CFR 364.59(b)


2.1A Check the appropriate boxes in the SPIL Instrument table indicating the types of IL services to be provided to meet the objectives identified in section 1.2 of this SPIL, and whether the services will be provided by the CILs or by the DSU (directly and/or through contract or grant).


Table 2.1A: Independent living services

Provided by the DSU (directly)

Provided by the DSU (through contract and/or grant)

Provided by the CILs (Not through DSU contracts/ grants)

Core Independent Living Services, as follows:

  • Information and referral

  • IL skills training

  • Peer counseling

  • Individual and systems advocacy
















Counseling services, including psychological, psychotherapeutic, and related services




Services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of this Act and of the titles of this Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with significant disabilities)




Rehabilitation technology




Mobility training




Services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services




Personal assistance services, including attendant care and the training of personnel providing such services




Surveys, directories and other activities to identify appropriate housing, recreation, accessible transportation and other support services




Consumer information programs on rehabilitation and IL services available under this Act, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under this Act




Education and training necessary for living in the community and participating in community activities




Supported living




Transportation, including referral and assistance for such transportation




Physical rehabilitation




Therapeutic treatment




Provision of needed prostheses and other appliances and devices




Individual and group social and recreational services




Training to develop skills specifically designed for youths who are individuals with significant disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options




Services for children with significant disabilities




Services under other Federal, State, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities




Appropriate preventive services to decrease the need of individuals with significant disabilities for similar services in the future




Community awareness programs to enhance the understanding and integration into society of individuals with disabilities




Other necessary services not inconsistent with the Act





2.1B Describe any service provision priorities, including types of services or populations, established for meeting the SPIL objectives identified in section 1.2.


2.1C If the State allows service providers to charge consumers for the cost of services or to consider the ability of individual consumers to pay for the cost of IL services, specify the types of IL services for which costs may be charged and for which a financial need test may be applied, and describe how the State will ensure that:


  • Any consideration of financial need is applied uniformly so that all individuals who are eligible for IL services are treated equally; and

  • Written policies and consumer documentation required by 34 CFR 364.59(d) will be kept by the service provider.


Indicate N/A if not applicable.


2.2 Arrangements for State-Provided Services – 34 CFR 364.43(d) and (e)


2.2A If the DSU will provide any of the IL services identified in section 2.1A through grants or contractual arrangements with third parties, describe such arrangements.

2.2B If the State contracts with or awards a grant to a center for the general operation of the center, describe how the State will ensure that the determination of an individual's eligibility for services from that center shall be delegated to the center.


Section 3: Design for the Statewide Network of Centers


3.1 Existing Network – 34 CFR 364.25


Provide an overview of the existing network of centers, including non-Part C-funded centers that comply with the standards and assurances in section 725 (b) and (c) of the Act, and the geographic areas and populations currently served by the centers.


3.2 Expansion of Network – 34 CFR 364.25


Describe the design for the further expansion of the network, including identification of the unserved and underserved areas in the State and the order of priority for serving these areas as additional funding becomes available (beyond the required cost-of-living increase).


3.3 Section 723 States Only – 34 CFR 364.39


3.3A If the State follows an order of priorities for allocating funds among centers within a State that is different from what is outlined in 34 CFR 366.22, describe the alternate order of priority that the DSU director and the SILC chair have agreed upon. Indicate N/A if not applicable.


3.3B Describe how the State policies, practices and procedures governing the awarding of grants to centers and the oversight of these centers are consistent with 34 CFR 366.37 and 366.38.


Section 4: Designated State Unit (DSU)


4.1 Administrative Support Services – 34 CFR 364.4; 34 CFR 364.22(b)


4.1A Describe the administrative support services to be provided by the DSU for the SILS

(Part B) program and, if the State is a Section 723 State, for the CIL (Part C) program.


  • Refer to the SPIL Instructions for additional information about administrative support services.


4.1B Describe other DSU arrangements for the administration of the IL program, if any.


Section 5: Statewide Independent Living Council (SILC)


5.1 Resource plan – 34 CFR 364.21(i)


5.1A Describe the resource plan prepared by the SILC in conjunction with the DSU for the provision of resources, including staff and personnel, made available under parts B and C of chapter 1 of title VII, section 101(a)(18) of the Act, and from other public and private sources that may be necessary to carry out the functions of the SILC identified in section 705(c). The description must address the three years of this SPIL.


  • Refer to the SPIL Instructions for more information about completing this section.


5.1B Describe how the following SILC resource plan requirements will be addressed:


  • The SILC’s responsibility for the proper expenditure of funds and use of resources that it receives under the resource plan.

  • Non-inclusion of conditions or requirements in the SILC resource plan that may compromise the independence of the SILC.

  • Reliance, to the maximum extent possible, on the use of resources in existence during the period of implementation of the State plan.


5.2 Establishment and Placement – 34 CFR 364.21(a)


Describe how the establishment and placement of the SILC ensures its independence with respect to the DSU and all other State agencies.


  • Refer to the SPIL Instructions for more information about completing this section.


5.3 Appointment and Composition – 34 CFR 364.21(b) – (f)


Describe the process used by the State to appoint members to the SILC who meet the composition requirements in section 705(b).


  • Refer to the SPIL Instructions for more information about completing this section.


5.4 Staffing – 34 CFR 364.21(j)


Describe how the following SILC staffing requirements will be met:


  • SILC supervision and evaluation, consistent with State law, of its staff and other personnel as may be necessary to carry out its functions.

  • Non-assignment of duties to SILC staff and other personnel made available by the DSU, or any other State agency or office, that would create a conflict of interest while assisting the SILC in carrying out its duties.


Section 6: Service Provider Requirements


Describe how the following service provider requirements will be met:


6.1 Staffing – 34 CFR 364.23; 34 CFR 364.24; 34 CFR 364.31


  • Inclusion of personnel who are specialists in the development and provision of IL services and in the development and support of centers.

  • Availability, to the maximum extent feasible, of personnel able to communicate (1) with individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille, or audio tapes and (2) in the native languages of individuals with significant disabilities whose English proficiency is limited and who apply for or receive IL services under title VII of the Act.

  • Establishment and maintenance of a program of staff development for all classes of positions involved in providing IL services and, where appropriate, in administering the CIL program, improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy.

  • Affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act.


6.2 Fiscal Control and Fund Accounting – 34 CFR 364.34


  • Adoption of those fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds made available through parts B and C of chapter 1 of title VII of the Act, in addition to complying with applicable EDGAR fiscal and accounting requirements.


6.3 Recordkeeping, Access and Reporting – 34 CFR 364.35; 34 CFR 364.36; 34 CFR 364.37


  • Maintenance of records that fully disclose and document the information listed in

34 CFR 364.35.

  • Submission of annual performance and financial reports, and any other reports that the Secretary determines to be appropriate

  • Access to the Commissioner and the Comptroller General, or any of their duly authorized representatives, for the purpose of conducting audits, examinations, and compliance reviews, to the information listed in 34 CFR 364.37.


6.4 Eligibility – 34 CFR 364.40; 34 CFR 364.41


  • Eligibility of any individual with a significant disability, as defined in 34 CFR 364.4(b), for IL services under the SILS and CIL programs.

  • Ability of any individual to seek information about IL services under these programs and to request referral to other services and programs for individuals with significant disabilities.

  • Determination of an individual's eligibility for IL services under the SILS and CIL programs in a manner that meets the requirements of 34 CFR 364.51.

  • Application of eligibility requirements without regard to age, color, creed, gender, national origin, race, religion, or type of significant disability of the individual applying for IL services.

  • Non-exclusion from receiving IL services of any individual who is present in the State and who is otherwise eligible for IL services, based on the imposition of any State or local residence requirement.


6.5 Independent Living Plans – 34 CFR 364.43(c)


  • Provision of IL services in accordance with an IL plan complying with Sec. 364.52 and mutually agreed upon by the individuals with significant disabilities and the appropriate service provider staff unless the individual signs a waiver stating that an IL plan is unnecessary.


6.6 Client Assistance Program (CAP) Information – 34 CFR 364.30


  • Use of accessible formats to notify individuals seeking or receiving IL services under chapter 1 of title VII about the availability of the CAP program, the purposes of the services provided under the CAP, and how to contact the CAP.


6.7 Protection, Use and Release of Personal Information – 34 CFR 364.56(a)


  • Adoption and implementation of policies and procedures meeting the requirements of 34 CFR 364.56(a), to safeguard the confidentiality of all personal information, including photographs and lists of names.


Section 7: Evaluation


Describe the method that will be used to periodically evaluate the effectiveness of the plan in meeting the objectives established in Section 1. The description must include the State’s evaluation of satisfaction by individuals with significant disabilities who have participated in the program. 34 CFR 364.38


Section 8: State-Imposed Requirements


Identify any State-imposed requirements contained in the provisions of this SPIL. Indicate N/A if not applicable. 34 CFR 364.20(h)

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File TitleDRAFT
Authorehrthompson
Last Modified ByU.S. Dept. of Education
File Modified2012-08-10
File Created2012-07-10

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