State Plan For Independent Livin

Section 1: Purpose of the State Plan for Independent Living (SPIL) . . . . . . . . . . . . . . .5

Section 2: Legal Basis and State Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Section 3: SPIL Development and Submittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ..7

Section 4: Statewide Independent Living Council (SILC) . . . . . . . . . . . . . . . . . . . . . . . .9

Section 5: Designation and Responsibilities of the State Unit(s) (DSU) . . . . . . . . . . . . . .10

Section 6: Staff and Staff Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …. . . .11

Section 7: Financial Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .12

Section 8: State Administration of Part C Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Section 9: Information on Use of Part B, Chapter 1 Funds . . . . . . . . . . . . . . . . . . . . . ... 16

Section 10: Outreach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .17

Section 11: Extent and Scope of Independent Living Services . . . . . . . . . . . . . . . . . . . ... 17

Section 12: Eligibility, Records, Independent Living Plans, and Notice of Client Assistance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19

Section 13: Statewide Network of CILs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Section 14: Communication, Cooperation, Coordination . . . . . . . . . . . . . . . . . . . . . . . .21

Section 15: Evaluation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

The following is a list of the attachments in the SPIL. The attachments listed are numbered to coincide with their section. It is recommended that these attachments not exceed a combined total of 40 pages in length.

Attachment 1 Goals, Missions, and Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Attachment 2 Plan for the Provision of Resources to the SILC Budget . . . . . . . . . . . . . . . . . . 56

Attachment 3 Evaluation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57

Attachment 4 Policies, Practices and Procedures for Award of Grants Under Section 723 . .N/A

Section 1: Purpose of the State Plan for Independent Living (SPIL), under Chapter 1 of

(a) Promote a philosophy of independent living (IL), including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual, and system advocacy, to maximize the leadership, empowerment, independence, and productivity of individuals with significant disabilities, and to promote and maximize the integration and full inclusion of individuals with significant disabilities into the mainstream of American society by providing financial assistance to States;

(b) Provide financial assistance for providing, expanding, or improving the provision of IL services;

(c) Provide assistance to develop and support a Statewide network of centers for independent living (CILs), operated by consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agencies that are operated within local communities by individuals with disabilities and that provide an array of IL services; and

(d) Advocate for improving working relationships among the various entities providing services to and for people with significant disabilities.

The DSU and SILC understands that no Federal funds or other benefits can be made available under Chapter 1 unless the State conforms with all applicable statutory and regulatory requirements.

(a) This SPIL reflects the State's commitment to carry out an IL plan under Chapter 1 of Title VII of the Rehabilitation Act of 1973, as amended (Chapter 1)[1], and also the State's planning and implementation activities related to the plan.

jointly with the DSU is authorized to develop and sign the SPIL. The DSU and SILC agree to administer the programs in compliance with the provisions of the Act, all applicable regulations, policies, and procedures promulgated by the Secretary, and the provisions of this SPIL.

(b) The State legally may carry out each provision of the SPIL and the DSU has the authority under State law to perform the functions of the plan.

has authority under State law to receive, hold, and disburse Federal funds made available under the SPIL.

(e) The SPIL being submitted has been adopted or otherwise formally approved by the DSU and SILC.

(f) The SPIL is the basis for State operation and administration of the Chapter 1

3.1 Frequency of Submittal (Sec. 704(a)(3) of the Act; 34 CFR 364.11, 364.20(b))

(a) This SPIL is for fiscal years 2005 - 2007. A three-year plan must be submitted every three years by July 1 of the year preceding the first fiscal year for which the plan is submitted, (i.e., July 1, 2001).

(b) Plan amendments are submitted whenever the Secretary determines an amendment to the SPIL is essential during the effective period of the plan; or when there is a significant and relevant change that materially affects the information or the assurances in the plan, the administration or operation of the plan, or the organization, policies, or operations of the DSU or SILC.

The State plan is jointly developed and signed by the director of the DSU and the chairperson of the SILC or other individual acting on behalf of and at the direction of the Council.

(a) The State conducts public hearings to provide all segments of the public, including interested groups, organizations, and individuals, an opportunity to comment on the SPIL prior to its submission to RSA, and on any substantive review or revision of the approved SPIL. The DSU and SILC may meet the public participation requirement by holding the public hearings before a preliminary draft State plan is prepared or by providing a preliminary draft State plan for comment at the public hearings.

(b) The State establishes and maintains a written description of procedures for conducting public hearings in accordance with the following requirements:

(i) The DSU and SILC shall provide appropriate and sufficient notice of the public

hearings. Appropriate and sufficient notice means notice provided 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.

(ii) The DSU and SILC shall make reasonable accommodation to individuals with disabilities who rely on alternative modes of communication in the conduct of the public hearings, including providing sign language interpreters and audio‑loops.

(iii) The DSU and SILC shall provide the notices of the public hearings, any written material provided prior to or at the public hearings, and the approved State plan in accessible formats (e.g., Braille, large print, on disk) for individuals who rely on alternative modes of communication.

(iv) At the public hearings to develop the State plan, the DSU and SILC will identify those provisions in the State plan that are State‑imposed requirements. For purposes of this section, a State‑imposed requirement includes any State law, regulation, rule, or policy relating to the DSU's administration or operation of IL programs under Title VII of the Act, including any rule or policy implementing any Federal law, regulation, or guideline, that is beyond what would be required to comply with the regulations in 34 CFR Parts 364, 365, 366, and 367.

(c) The State identifies State imposed requirements resulting from the application of any State rule or policy relating to the administration or operation of the programs under

Chapter 1. Following are descriptions of the State imposed requirements included in the SPIL, if any:

Act 139 is state legislation that for the most part mirrors The Rehabilitation Act of 1973, as amended. The major difference is the requirement to have half of the CIL directors in the state serve as members of the SILC. According to the ACT, the directors are chosen by directors.

3.4 Opportunity for Review and Comment Under State Review Process (34 CFR 76.141‑142)

If the SPIL or an amendment to the plan is subject to the State review process, such materials are reviewed, and commented on, in accordance with the provisions of Executive Order 12372. Comments provided through the State review process will be transmitted to RSA.

Section 4: Statewide Independent Living Council (SILC) (Sec. 705(a) and (b) of the Act)

(1) State the total number of persons on the SILC.	24
(2) State the number of SILC members with disabilities, as defined in 34 CFR 364.4 (b), and not employed by a State agency or a CIL	13
(3) Is a representative of the DSU an ex-officio, member of the SILC?	Yes
(4) State the number of voting members on the SILC.	20
(5) State the number of different disability groups (physical, mental, cognitive, sensory, or multiple) represented by members of the SILC (up to five).	5
(6) Is a CIL director chosen by CIL directors within the State appointed to the SILC?	Yes
(7) Does the SILC include representatives from other State agencies that provide services for individuals with disabilities.	Yes
(8) Does the council have a voting membership that is knowledgeable about CILs and IL services?	Yes
(9) Do Council members provide statewide representation?	Yes
(10) Is the Council Chairperson elected from among the voting members of the Council by the voting members of the Council or the Governor, pursuant to section 705(b)(5) of the Act?	Yes

The SILC is not established as an entity within any State agency, including the DSU, and is independent of the DSU and all other State agencies. Following is a brief description of the legal status and placement of the SILC:

The PA SILC is a private non-profit organization housed in its own office space.

4.3 Plan for Provision of Resources to the SILC (SILC Budget) Sec. 705(e) of the Act; 34 CFR 364.21(i))

(a) In conjunction with the DSU, the SILC will prepare a Resource Plan Attachment 2 (SILC Budget) for the provision of resources, cash or in-kind, including staff and personnel, rent, supplies, telephone expenses, travel, and other expenses(e.g., child care, personal assistance services, and compensation to a member of the SILC, if the member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing SILC duties) that will be necessary to carry out the functions of the SILC during the term of the SPIL.

(b) The SILC will be responsible for the proper expenditure of funds and the use of resources it receives under the SILC Budget.

(d) While assisting the SILC in carrying out its duties under the SPIL, staff and other personnel assigned to the SILC under the SILC Budget will not be assigned duties by the DSU or other agency or office of the State that would create a conflict of interest.

Attachment 2 must include a description of the SILC’s Budget for the three years covered by the SPIL, including the sources of funds, staff, supplies, and other resources made available under parts B and C of Chapter 1, Part C of Title I of the Act, and from State and other public and private sources, that may be necessary for the SILC to carry out its responsibilities under section 705 of the Act and the SPIL. 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. 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.

The State unit(s) designated to receive, account for, and disburse funds, and provide administrative support services is (are):

(a) Receives, accounts for, and disburses funds received by the State under Chapter 1 in accordance with the SPIL;

(b) 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;

(c) Keeps such records and affords such access to such records as the Secretary finds to be necessary with respect to the programs; and

(d) Submits the SPIL and such additional information or provides such assurances as the Secretary may require with respect to the programs.

(a) The staff of service providers will include personnel who are specialists in the development and provision of IL services and in the development and support of CILs.

(b) To the maximum extent feasible, each service provider will make available 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 tape, and who apply for or receive IL services under the SPIL; 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 the SPIL.

The State assures that service providers will 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 program will emphasize improving the skills of staff directly responsible for the provision of IL services, including knowledge of the IL philosophy.

All recipients of financial assistance under Chapter 1 take affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act.

No individual will, on the basis of race, color, national origin, gender, age, or disability be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under this SPIL.

All recipients of financial assistance under Chapter 1 will adopt such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds paid to the State under Chapter 1.

7.2 Source of State Funds (Sections 712(b)(2) and 7(7)(C) of the Act; 34 CFR 365.12, .13 and .14, 367.11, .42)

(a) The one to nine non-Federal share of the cost of any project that receives assistance through an allotment under part B, Chapter 1 will be provided in cash or in kind, fairly evaluated, including plant, equipment, or services, consistent with 34 CFR 365.13, .14, and .15.

(b) For the purpose of determining the Federal share with respect to the State, expenditures by a political subdivision of the State will, subject to regulations prescribed by the Secretary, be regarded as expenditures by the State.

(c) The State may not condition the award of a grant, subgrant, or contract under part B, Chapter 1 or a grant, subgrant, or assistance contract under part C, Chapter 1 on the requirement that the applicant for the grant or subgrant make a cash or in‑kind contribution of any particular amount or value to the State. Furthermore, an individual, entity, or organization that is a grantee or subgrantee of the State, or has a contract with the State, may not condition the award of a subgrant or subcontract under part B, Chapter 1 or part C, Chapter 1 on the requirement that the applicant for the subgrant or subcontract make a cash or in‑kind contribution of any particular amount or value to the State or to the grantee or contractor of the State.

7.3 Financial Record Keeping (Sec. 704(m)(4)(A) and (B) of the Act; 34 CFR 364.35)

(1) the amount and disposition by each recipient of the proceeds of such financial assistance,

(2) the total cost of the project or undertaking in connection with which such financial assistance is given or used, and

(3) the amount of that portion of the cost of the project or undertaking supplied by other sources; and

(4) compliance with the requirements of Chapter 1 and 34 CFR Parts 364, 365, 366,

(b) Maintain such other records as the Secretary determines to be appropriate to facilitate an effective audit.

All recipients of financial assistance under Chapter 1 will afford access to the Secretary and the Comptroller General or any of their duly authorized representatives, for the purpose of conducting audits and examinations, to all records maintained pursuant to section 7.3 of the SPIL immediately above and any other books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under Chapter 1.

All recipients of financial assistance under Chapter 1 will submit reports with respect to records required in section 7.3 of the SPIL, as the Secretary determines to be appropriat

In the second fiscal year preceding fiscal year 2000, the general operations of CILs in the State were supported by the following amounts of earmarked funds[4]:

8.2 State Applies to Administer Part C Program (Sections 704(h) and 723 of the Act; 34 CFR 366.32)

The director of the DSU hereby applies to award grants or assistance contracts to eligible agencies in the State that comply with the standards and assurances set forth in section 725 of the Act. The grants are to be made from the funds allotted to the State for the planning, conduct, administration, and evaluation of CILs under part C, Chapter 1.

8.3 State administers funds in compliance with §723 (Sec. 704(h) of the Act; 34 CFR 366.32, .35)

(a) If Section 8.2 is answered in the affirmative, the director of the DSU awards grants or assistance contracts under section 723 of the Act to any eligible agency that was awarded a grant under part C, Chapter 1 on September 30, 1993, unless the director makes a finding that the agency involved fails to comply with the standards and assurances set forth in section 725 of the Act or the director of the DSU and the chairperson of the SILC, or other individual designated by the SILC to act on behalf of and at the direction of the SILC, jointly agree to another order of priorities.

(b) The State assures that any assistance contracts issued to eligible agencies will not add any requirements, terms, or conditions to the assistance contract other than those that would be permitted if the assistance contract were a subgrant consistent with grants

(c) In administering the part C, Chapter 1 program, the State will not enter into any procurement contracts with CILs to carry out section 723 of the Act.

8.4 Monitoring and Oversight. (§§704(h), 723(g) and (h) of the Act; 34 CFR 366.38)

The State assures that periodic and on-site compliance reviews will be conducted to determine CIL compliance with section 725 of the Act as described in Attachment 3.

Attachment 4 describes the policies, practices, and procedures, which comply with section 723 of the Act, that the State utilizes for awarding continuation and new grants.

9.1 Use of §711 funds in support of §713 purposes (Sec. 713 of the Act; 34 CFR 365.1)

Part B Funds are to be used only for any one or more of the following purposes (all optional):	Directly by DSU	Grant/ Contract	Dollar Amt.
(a) Fund the resource plan for SILC (SPIL Section 4).	N	Y	*
Prov (b) Provide IL services to individuals with significant Disabilities	N	N	$85,000
(c) Demonstrate ways to expand and improve IL services.	N	Y	*
(d) Support the general operation of CILs.	N	N	NA
(e) Support activities to increase capacity of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing IL services.	N	Y	*
(f) Conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to Federal, State, and local policy makers to enhance IL services.	N	Y	*
(g) Train individuals with significant disabilities, individuals providing services to individuals with significant disabilities, and other persons regarding IL philosophy.	N	Y	$75,000
(h) Provide outreach to unserved or underserved populations, including minority groups and urban and rural populations.	N	Y	$65,000

Attachment 1 describes the uses, objectives, and amounts of part B, Chapter 1 funds supporting each purpose.

Section 10: Outreach (Sections 704(l) and 713(7) of the Act; 34 CFR 364.32)

The State reaches out to populations, including minority groups and urban and rural populations, that are unserved or underserved by the programs funded under Chapter 1.

Attachment 1 describes the steps that will be taken regarding outreach to populations, including minority groups and urban and rural populations, that are unserved or underserved by the programs funded under Chapter 1. Attachment 1 also describes populations designated for special outreach efforts and the geographic areas in which they reside (e.g., individuals with significant disabilities residing on land controlled by American Indians.)

Section 11: Extent and Scope of IL Services (Sections 7(30), 704(e) and 713(1) of the Act;

(a) Attachment 1 describes all IL services to be provided under the SPIL to meet the objectives in Section 10.

(b) The State provides the following IL core services to individuals and groups of individuals with significant disabilities:

(c) The IL core services may be provided directly by the DSU, or through grant or contract. While the State is required to provide these services, it may fund the services using funds from any source, e.g., part B or part C, Chapter 1, State funds, or other funds.

(d) In addition, the State provides the following IL services to individuals and groups of individuals with significant disabilities[5]:

(1) ___ Counseling services, including psychological, psychotherapeutic, and related services;

(2) 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);

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

(6) Personal assistance services, including attendant care and the training of personnel providing such services;

(7) Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services;

(8) 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;

(9) Education and training necessary for living in the community and participating in community activities;

(16) __ Training to develop skills specifically designed for youths who are individuals

resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities;

significant disabilities assisted under this Act for similar services in the future;