U.S.Department of Education Office of Special Education and Rehabilitative Services (OSERS) Rehabilitation Services Admi

1. RSA U.S.Department of Education Office of Special Education and Rehabilitative Services (OSERS) Rehabilitation Services Administration (RSA)

2. State Plan for Independent Living

3. Legal Authority Title VII, Chapter 1, Section 704 of the Rehabilitation Act, as amended

4. Federal Funding To be eligible to receive financial assistance under part B and part C, the State must have an approved State Plan for Independent Living (SPIL). Section 704(a)(1)

5. State Plan for Independent Living • Covers a 3-year period • Does not require annual updates

6. New Plan – Effective Dates October 1, 2007 (FY 2008) – September 30, 2010 (FY 2010)

7. FY 2008 SPIL: What’s New? • Streamlined and Simplified • Includes Tables for Inserting Information • Designed to Support Follow-up and Monitoring • Narratives Embedded Into the Plan, Eliminating Separate Attachments • Online Completion

8. State Plan for Independent Living Section 704(a); 34 CFR 364.20(c) SPIL must be jointly developed and signed by the Director of the Designated State Unit(s) and the Chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council.

9. SPIL Submission Dates(FYs 2008 –2010) Section 704(a)(4) State plan must be submitted to RSA by July 1, 2007 for review and approval. (90 days prior to the completion date of the preceding plan)

10. Public Comments Requirement Section 704(m); 34 CFR 364.20(g) Prior to submitting the plan, it is subject to public comments.

11. Public Hearings34 CFR 364.20(g) The State must conduct at least one public hearing regarding the original SPIL and any subsequent revisions to the SPIL to provide all segments of the public, including interested groups, organizations, and individuals, the opportunity to comment on the State plan prior to its submission.

12. CAP Consultation34 CFR 364.20 In developing SPIL objectives, the DSU and the SILC are to actively consult with the Director of the Client Assistance Program, and to consider and incorporate the program and financial planning objectives established by Centers for Independent Living.

13. State Imposed RequirementsThe SILC and the DSU(s) must identify, during the public hearings, any provisions in the SPIL that are State-imposed requirements relating to the administration or operation of any program funded under title VII.Example: Financial Needs Test

14. SPIL Amendments • SPIL is subject to amendment if the Commissioner determines that an amendment is essential during the three-year effective period of the plan. • State must amend the SPIL if there are significant and relevant changes at the State level. • SPIL is subject to the same procedures as those required for the original SPIL, including public hearings.

15. Narrative State Plan for Independent Living 4 3 2 1 The State plan is made up of two sections-Assurances and Narratives.

16. Assurances State Plan for Independent Living Assurances – what the State will do.

17. Assurances SPIL Assurances • Conducts Public Hearings (Summaries of comments are not required as part of SPIL.) • Incorporates any new methods or approaches for IL services to older individuals who are blind (coordination with Chapter 2)

18. SPIL AssurancesThe DSU and the SILC actively consult in the development of the SPIL with the Director of the Client Assistance Program. (34 CFR 364.20(e)

19. Assurances SPIL Assurances • Provision of IL Services • Eligibility Provisions • Staffing Requirements • Personnel and Staff Development • Fiscal Control

20. PREPRINT SPIL Assurances • Record Keeping, Access and Reporting • Use of Part B Funds • Protection, Use and Release of Personal Information.

21. State Plan for Independent Living Narrative – Descriptions of how the State will carry out certain requirements.

22. Narrative • Goals, Objectives and Activities Outreach to Unserved Populations Financial Plan for the use of Federal and non-federal funds to meet SPIL objectives. Financial Plan narratives Description of compatibility with Title VII and CIL work plans Cooperation, coordination and working relationships Coordination of IL services

23. Narrative Scope, Extent and Arrangements of Services • Service Provision Priorities • Financial Needs Test • Arrangements for State-Provided • Services

24. Narrative Design for the Statewide Network of Centers This section describes the design for the establishment of a Statewide network of CILs that complies with the standards and assurances set forth in section 725 of the Act.

25. Network The network should identify: • The priority order for expansion of the network of new CILs to serve populations that are currently unserved or underserved, including specific geographic areas/counties to be served and funding amounts in instances where the State has established funding standards; and • Existing CILs that comply with section 725 of the Act;

26. Designated State Unit 34 CFR 364.4 Describes the administrative support services to be provided by the DSU(s) for the SILS (Part B) program. Describes other DSU arrangements for the administration of the IL program, if any.

27. Statewide Independent Living Council (SILC) Plan for the Provision of Resources to the SILC 34 CFR 364.21(i) and (j) • No conditions or requirements may be included in the SILC’s resource plan that may compromise the independence of the SILC. • The SILC is responsible for the proper expenditure of funds and use of resources that it receives under the resource plan.

28. SILC Establishment, Placement and Staffing 34 CFR 364.21(a), (b) –(j) • Describes: • How the establishment and placement of the SILC ensures its independence with respect to the DSU and all other State agencies; • The process used by the State to appoint members to the SILC who meet the composition requirements; • The SILC’s staffing arrangements.

29. Service Provider Requirements 34 CFR 364.23; 24; and 31 • Funding arrangements • Record Keeping and Reporting • Eligibility • Staffing arrangements

30. Evaluation34 CFR 364.38 Describes the method that will be used to periodically evaluate the effectiveness of the SPIL in meeting its objectives.

31. REHAB ACT DSU and SILC DUTIES

32. Duties of DSU Section 704(c); 34 CFR 364.22 • Receives, accounts for, and disburses funds received by the State under Chapter 1, in accordance with the SPIL; • Provides administrative support services for the part B State IL services (SILS) program and the part C, Chapter 1, CIL program in a case in which the program is administered by the State under section 723 of the Act;

33. Duties of DSU Section 704(c); 34 CFR 364.22 • Keeps such records and affords such access to such records as the Secretary finds to be necessary with respect to the programs ; and • Submits the SPIL and such additional information or provides such assurances as the Secretary may require with respect to the programs.

34. Duties of SILC Section 705(c); 34 CFR 364.21(g) • Jointly develops and signs (in conjunction with the DSU) the State plan; • Monitors, reviews, and evaluates the implementation of the State plan; • Coordinates activities with the State Rehabilitation Council and councils that address the needs of specific disability populations and issues under other Federal law;

35. Duties of SILC Section 705(c); 34 CFR 364.21(g) • Ensures that all regularly scheduled meetings of the SILC are open to the public and sufficient advance notice is provided; • Submits periodic reports (704) and keeps all records, and affords access to all records to verify the periodic reports as the Secretary finds to be necessary.

36. Duties of SILC Section 705(c); 34 CFR 364.21(g) • The SILC shall, consistent with State law, supervise and evaluate its staff and other personnel as may be necessary to carry out its functions. While assisting the SILC in carrying out its duties, staff and other personnel made available to the SILC by the DSU may not be assigned duties by the designated State agency or DSU, or any other agency or office of the State, that would create a conflict of interest.

37. Resources • Office of Special Education and Rehabilitative Services (OSERS) Website http://www.ed.gov/about/offices/list/osers/index.html • Rehabilitation Services Administration (RSA) Website http://www.ed.gov/about/offices/list/osers/rsa/index.html • Office of Management and Budget (OMB) Circulars http://www.whitehouse.gov/omb/circulars/

38. Part 74 Resources EDGAR Education Department General Administrative Regulations

39. SPIL Submission • The SPIL must be submitted to RSA electronically and in hard copy. • The SPIL may be completed and submitted online. • A signed hard copy of the Assurances must be submitted to RSA along with: • (a) transmittal letter requesting approval of the SPIL; • (2) a signed lobbying certification form; and (3) comments pursuant to the State review process under Executive Order 12372.

40. SPIL Submission If you have any questions regarding the SPIL, contact your RSA State Liaison.