State Plan For Independent Living Fiscal Years 2008-2010

(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 ________08-10_________

Effective Date:  October 1, __2007________

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: _________PA_____________

Section 1: Legal Basis and Certifications  

1.1     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 _____PA OVR__ (insert name of DSU).  34 CFR 76.104(a)(1) and (2); 34 CFR 364.22(a)

1.2     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 _____N/A________ (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)

1.3     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 __PA SILC__________ (insert name of SILC).  34 CFR 364.21(a)

1.4     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)

1.5     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)

1.6     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)

1.7     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 _William Gannon, Executive Director (Name, title of DSU director) and _N/A___ (Name, title of separate State agency director, if applicable).  34 CFR 76.104(a)(5) and (6)

Section 2: SPIL Development  

2.1 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)

2.2 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)

2.3 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)

2.4 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)

2.5 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

2.6 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)

3.2 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)

3.3 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

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

Section 4: Eligibility  

4.1 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)

4.2 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)

4.3 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  

5.1 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)

5.2 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)

5.3 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

5.4 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: Fiscal Control and Fund Accounting 

6.1 All recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will comply with applicable EDGAR fiscal and accounting requirements and will adopt those fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for those funds.  34 CFR 364.34

Section 7: Recordkeeping, Access and Reporting 

7.1 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)

7.2 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

7.3 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 

8.1                  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 _Pennsylvania__ is in compliance and will remain in compliance with the aforementioned assurances during  _2008-2010____ (specify the

three-year period covered by this SPIL). 

The effective date of this SPIL is October 1, __2007___ (year)

 _____________________________________________________________________________

SIGNATURE OF SILC CHAIRPERSON                                               DATE

Milton Henderson, Chair

NAME OF SILC CHAIRPERSON                             

_____________________________________________________________________________

SIGNATURE OF DSU DIRECTOR                                                       DATE

William A. Gannon, Executive Director

NAME AND TITLE OF DSU DIRECTOR                           

State of: __PA____________________

Part II: Narrative

Section 1: Goals, Objectives and Activities 

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

Mission:

It is the mission of the IL Program in Pennsylvania to empower individuals with disabilities to have the opportunity to choose to live independently.

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

1.2A Goals and objectives both included in 1.1. Objectives need to be described in 1.2A, and should also include timeframes for achieving the objectives. In addition, it is recommended that the objectives be expressed in a way that would allow the State to assess progress.

All goals and objectives with the exception of minority outreach and aging will begin in year one and our progress will be assessed through quarterly reporting procedures. 

Activities for the Minority Outreach (Goal VII) and Aging (Goal VIII) will begin in year two of the SPIL.  This is necessary to enable the SILC and staff to gather information, properly evaluate the research and ramp up the corresponding action steps of the other goals during the first year in a realistic manner.  While this is happening, data will be collected for Goals VII and VIII during year one, in year two the information will be evaluated and action steps will be created and started, work on the action steps will continue in year three.

Goals and Objectives:

Organizations in brackets indicate responsible parties

Support the network of CILs

Through partnerships, the network of Centers for Independent Living (CILs) in PA will have access to various supports necessary for a strong network

1.    Participate in advocacy to grow the network of CILS in un/underserved areas [PA Statewide Independent Living Council (SILC), Centers for Independent Living (CILs)]

2.    Build on the work done to develop a consistent data collection model with the CILs in order to better represent the effectiveness of services [SILC, CILs]

3.    Provide information regarding  policy positions at the state and national level as requested [SILC]

4.    Consult the Pennsylvania Council on Independent Living (PCIL*, a CIL membership organization)) to communicate the needs and recommendations of the CILs regarding the network to the SILC

Housing

Through the creation of alliances, the IL Program will identify and address issues related to safe, affordable, accessible and integrated housing in integrated settings.

1.    Participate in or create networks at state and local levels to assess housing options available for people with disabilities [SILC, CILs]

2.    Advocate with statewide partners for a housing trust fund to create an infrastructure for housing needs in the future while at the same time assuring that disability programs/accommodations are provided for within the trust fund [OVR, SILC, CILs]

3.    Develop a minimum of 6 position papers on housing issues as they arise that can be used throughout the commonwealth for consistency and accuracy in advocacy [SILC]

4.    Continue focus on Visitability Campaign by developing and promoting materials to local municipalities and ensure the adoption of the new provisions in 4 additional areas [SILC, CILs]

*Requires 100% CIL participation in order to represent the full network

Home and Community Based Services (HCBS)

The IL Program will promote expansion, flexibility and choice of Home and Community Based Services.

1.    Engage in Money Follows the Person (MFP) activities with the Commonwealth [SILC, CILs]

2.    Participate with the PA Governor’s Office in the development of a successful Governor’s Cabinet on Disability [SILC, CILs]

3.    Analyze waivers that provide HCBS and advise people with disabilities and the Administration regarding improvements [SILC]

4.    Develop position papers on HCBS issues as they arise for broad distribution [SILC]

5.    Serve on external committees that influence the outcome of HCBS [SILC, CILs]

Employment

Partner with PA Office of Vocational Rehabilitation [OVR], State Rehabilitation Council [SRC] and other interested stakeholders to educate policy makers on the benefits and need for people with disabilities to be gainfully employed and the budget implications that prevent that. 

1.    Together with SRC and other interested stakeholders, develop relationships with a minimum of 10 participants that have benefited from OVR services to educate and mentor them about legislative advocacy [SILC]

2.    Create or participate in existing partnerships with local/regional OVR/CIL offices to develop support for IL and Vocational Rehabilitation (VR) funding requests that jointly promote employment [OVR, SILC, CILs]

3.    Develop expertise at the state level in order to be available to policymakers, people with disabilities and the community [SILC]

4.    Implement communications strategy in coordination with SRC, and other interested stakeholders to promote the message to the public and to policymakers that people with disabilities want to work [OVR, SILC]

5.    Coordinate with the Youth Initiative to support transition issues [SILC]

Transportation

Promote increased access to accessible affordable public transportation for citizens with disabilities in PA.

1.    Analyze existing policies impacting transportation [SILC]

2.  Develop partnerships with the transportation community at-large [SILC, CILs]

3.  Continue to serve as an active member of the PA Transportation Alliance [SILC, CILs]

4.  Create grassroots partnerships with members of the state legislature assigned to transportation authorizing and appropriating committees [SILC, CILs]

5.  Create alliances with entities that influence public transportation options [SILC, CILs]

6.    Advocate for Shared Ride funding in all counties of the Commonwealth [SILC, CILs]

7.    Continue partnership with PA Department of Transportation [Penn Dot] in order to advise on policy related matters

Advocacy

Assure that public policies address the needs of People with disabilities by acting or participating in previously existing task forces and communicating and taking the lead to address gaps in the following areas:

1.    TDDP-Provide ongoing support for the administration of the Libertty Program.

2.  Voting-Support the Disability Voting Coalition to build and strengthen the voting     block of Pennsylvanians with disabilities.

3.    Poverty-Build the capacity of the IL Program to understand the effects of poverty on people with disabilities in the area of publicly funded services by providing research and analysis.

4.    Emergency Preparedness-Coalesce with partners working to ensure that disability is addressed in all emergency preparedness plans

5.    Discharge planners-Work with local and state associations to educate them regarding the importance of discharge planning from hospital/institutional settings for people with disabilities.

6.    Statewide Action Team (SWAT) -Coordinate activities of the SWAT for the length of the project

7.    Provide support for faith based needs of people with disabilities who desire involvement in a faith community of choice through collaboration with the National Organization on Disabilities (NOD).

Independent Living Awareness (SILC coordinated project)

Through the creation of alliances, promote awareness of IL programs and philosophy in PA

1.    Gather demographic information for the state and each county

2.    Explore opportunities for collaboration with Independent Living organizations, such as OVR, PCIL, CILs, Client Assistance Program [CAP] and others in Pennsylvania, to produce marketing materials representing all of the organizations. 

3.    Encourage partner IL organizations to share their marketing materials with partner groups and consumers.

4.    Explore opportunity to consult with a Pennsylvania-based marketing or public relations firms specializing in grassroots advocacy or public affairs advocacy.

5.    Develop a communication plan to increase awareness of Independent Living in Pennsylvania

6.    Create materials in support of the communication plan

Minority Outreach

1.    Gather state and county demographic information about minorities.

2.    Analyze demographics to identify trends in people with disabilities for African Americans, Latinos, Aging and Youth populations

3.    Develop working relationship with the OVR Multicultural Advisory Committee (MAC)

4.    Find existing statewide organizations representing each population group

5.    Identify potential partners, including leaders or influencers of minority groups and organizations such as the Pennsylvania Statewide Latino Coalition and the Pennsylvania NAACP.

6.    Identify news media targeting specific minority groups

7.    Provide resources and information to media targeting specific population groups.

8.    Develop a plan outreach to minority groups based on information gathered in action steps 1 through 5.

9.    Disseminate findings to CILs

Aging

1.    Explore opportunity to build a working relationship with the Bureau of Blindness and Visual Services (BBVS) social workers within the Pa. Department of Labor and Industry

2.    Identify appropriate offices and staff within the Pa. Department of Aging and develop a partnership

3.    Approach American Association of Retired Persons (AARP) and PA Area Agency on Aging (PAAAA) about advocacy partnership opportunities in support of Independent Living for seniors

4.    Conduct outreach to senior centers and grow relationships with Area Agencies on Aging (AAAs).

Youth

1.    Develop partnership with OVR’s Statewide Transition Specialist, appropriate offices within the Pa. Department of Education, Bureau of Special Education

2.    Encourage CILs to work with Pennsylvania’s 29 Intermediate Units

3.    Partner with the Pa. Youth Leadership Network to strengthen advocacy activities among youth with disabilities

4.    Explore opportunities to create disability-focused or CIL-focused web pages on websites popular with youth

5.    Continue work with SILC Youth Initiative by working with a current member to serve as coordinator.

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. 

Pennsylvania is a state with 1.8 millions persons with disabilities living in large metropolitan areas, medium sized cities, and rural agricultural communities.  Due to the vast differences in the population, it is necessary to determine where the designated population resides.  For example, Berks County is known to have a higher Latino population but it is unknown how many Latinos have disabilities in Berks County.  Further research is necessary to understand the population rates of disabilities throughout the state.  Once the research is completed and we know where minority groups reside the methods of addressing those will be developed.  (Refer to action steps 3 – 5 under minority outreach plan)

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

Year  2

Year 3

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.

Part B will fund

SILC Resource Plan/SILC Support

·        Additional staff member to fulfill HCBS objectives

·        Coordination of Statewide Action Team (SWAT) statewide initiatives through contract.

·        Project to support the network of CILs to work in conjunction with the data/monitoring project and planning as required

·        Additional funds shown in year 2 and year 3 reflect money needed for current/ongoing staff salaries that are now reflected in a contract for the implementation of the IL Conference.  Those dollars do not reflect new programs/staff.

·        Youth Coordination completed through contract employee (member will be chosen from among the membership of the Youth Initiative)

·        Policy positions in objectives will continue to be funded with additional emphasis on employment

·        Research regarding poverty objective

Other SPIL Activities:

·        IL Conference which takes into account many of the objectives in terms of training

·        The administration of the TDDP

·        The development of the necessary tool based on outcome of the statewide equitable data project

Older Blind N/A

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.

Currently each CIL is allocated $40,000 for the Statewide Action Team (SWAT) program which is a group of advocates that comes from all 18 CILs which are state and federally funded that coordinate advocacy on housing, transportation, accessibility, voting, and access to medical care. 

The board of directors of the SILC will ensure that the CILs receive the funding allotted to them in the SPIL required to support the network

There are also dollars identified in this SPIL to coordinate with the association of CILs to support their effort to maintain full membership of all 18 CILs in the PA network.  This is critical to the efforts to coordinate the state and federal dollars as it brings all parties together to reach consensus before it comes to the SILC.

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.   N/A

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. 

SPIL objectives are consistent with the purpose of the act and constitute a full spectrum of initiatives.  For example, housing objectives, including “Visitability” – the concept that all housing should be constructed to meet minimal access standards for people with disabilities, will work to ensure that people with disabilities have affordable, accessible homes, creating empowerment and independences as fully integrated members of society for people with disabilities.  Furthermore, the objectives enhance the ability of people with disabilities to maximize leadership, productivity, and inclusion through removing barriers to votes, home and community-based services, transportation – specifically as members of the PA Transportation Alliance, pursue employment and enjoying all aspects of self-determination.

Similarly, the other enumerated goals, developed by, with and for members of Pennsylvania’s disability community, promote and implement the philosophy and action that all citizens must have all the benefits that society offers and means to meet all the responsibilities that society requires.

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.

The SILC and DSU incorporated SPIL writing with the CIL association in order to consider the planning of all parties.

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 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

PA SILC works closely with many of the Statewide Partners on policy issues through SILC committees, as participants on external advisory committees, advocacy alerts, campaigns, and resource sharing on grassroots efforts.  Frequently partner with other statewide disability organizations on coordinating events.  PA SILC continues to build relationships with the administration by inviting them to address council members at quarterly board meetings.  This collaboration enables the statewide partners to share information with their local chapters, and in turn the SILC will share information with the 18 CILs and PCIL to maximize the relationship statewide.

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.

The IL Program provides services and coordinates services provided by partner organizations.  Because CILs meet the local needs of the community they serve they are often the first place that people with disabilities go to get information and referral on services they need regardless of provider. 

Below are programs that are not funded or administered by IL or VR.  However, they are services that are IL related that are coordinated for maximum benefit for each consumer:

Home and Community-Based Programs under the Department of Public Welfare:

Office of Mental Retardation:

County Mental Health/Mental Retardation Offices may provide:

·        Case management/independent supports coordination

·        Family support services

·        Vocational Rehabilitation

·        Early Intervention

·        Residential supports

·        Adult development training

·        Community services

·        Consolidated Waiver – Serves children between 0-3 with developmental delays

·        Person/Family Directed Support Waiver – Provides 11 community services to individuals age 3 and over who meet ICF/MR level of care, but do not require licensed mental retardation community residential services

Bureau of Home and Community Based Services:

·        Attendant Care Program (non-waiver) – Serves individuals with physical disabilities who are “mentally alert” and between the ages of 18-59; no age of onset restriction

·        Attendant Care 1915 Medicaid Waiver - Serves individuals with physical disabilities who are “mentally alert” and between the ages of 18-59; no age of onset restriction

·        Independence Waiver – Serves individuals with “other related conditions”; eligible at age 18; no age of onset restriction; provides 12 community services.

·        Omnibus Budget Reconciliation Act (OBRA) Waiver – Provides 13 community services; Prior to age 22 federally restricted age of onset restriction

Office of Medical Assistance:

·        PDA Waiver – Provides service alternatives to elderly people with disabilities age 60 and over who have been assessed as being medically and financially qualified for nursing facility services

·        Michael Dallas Waiver – Provides services to technology-dependent individuals needing registered nurse shift professional care daily who are usually ineligible for Medical Assistance due to excess parental income; age of onset of under 21 restriction

·        AIDS Waiver – Provides services to individuals with a diagnosis of HIV or AIDS related complex; no age limit     

·        Elwyn Waiver – Provides assisted living services to adults who are deaf and/or deaf/blind who are medically and financially eligible for nursing facility services

·        Long Term Care Capitation Assistance – Provides lifetime services to elderly, disabled individuals who are medically and financially qualified for nursing home services

Home and Community-Based Services administered by the PA Department of Aging:

·        Aging Attendant Care

·        Domiciliary Care Services for Adults

·        Adult Day Services

·        Aging/Mental Health Activities

·        Aging/Mental Retardation Activities

·        Alzheimer’s Disease Assistance

·        APPRISE-free one on one or telephone assistance with understanding Medicare and Medicaid eligibility benefits

·        Attendant Care

·        Employment Services for Older Individuals

·        Legal Services

·        Nutrition Services

·        Ombudsman

·        OPTIONS-intensive assessment for connection with possible services

New initiatives administered by the Office of Health Care Reform:

Pennsylvania received the following three grants from the Centers for Medicare and Medicaid Services (CMMS):

·        Long-Term Care Aging and Disability Resource Centers - a joint effort of the Department of Health and Human Services’ Administration on Aging and the Centers for Medicare & Medicaid Services and provides states the opportunity to integrate their long-term support resources for consumers into a single coordinated system.

·        Long Term Care and Quality Assurance – quality assurance systems for Home and Community-Based Services will be created focused on gauging and assuring consumer satisfaction.  The project will also develop a back-up PAS system.

·        Money Follows the Person - an initiative to determine ways to allow government funds to follow a person, allowing them to move from one setting to another as their needs and desires change. The goal of the project will be to permit state funding to follow consumers to the most appropriate and preferred setting.

Disability-Related Services provided by the Department of Education:

Special Education Early Intervention Program – provides services to children ages 3-5 including, but not limited to:

·        transportation

·        speech/language services

·        occupational therapy/physical therapy

·        hearing support

·        vision support

·        audiology services

·        social work and management services

·        psychological services

·        orientation and mobility training

·        parent counseling and training

A child may require any of the following related services in order to benefit from special education. Related services, as listed under IDEA, include (but are not limited to):

·        Audiology services

·        Counseling services

·        Early identification and assessment of disabilities in children

·        Medical services

·        Occupational therapy

·        Orientation and mobility services

·        Parent counseling and training

·        Physical therapy

·        Psychological services

·        Recreation

·        Rehabilitation counseling services

·        School health services

·        Social work services in schools

·        Speech‑language pathology services

·        Transportation

If a child needs a particular related service in order to benefit from special education, the related service professional should be involved in developing the Individual Education Plan (IEP). He or she may be invited by the school or parent to join the IEP team as a person "with knowledge or special expertise about the child."

Transition Services - prepare students with disabilities for adult life. This can include developing postsecondary education and career goals, getting work experience while still in school, setting up linkages with adult service providers such as the vocational rehabilitation agency‑-whatever is appropriate for the student, given his or her interests, preferences, skills, and needs. Statements about the student's transition needs must be included in the IEP after the student reaches a certain age:

Disability-Related Services Provided by the Department of Transportation:

·        Shared Ride Project – this project began as a demonstration in eight counties and was recently expanded to sixteen additional counties and provides low-cost rural public transportation services for Pennsylvanians with disabilities with an increase of $1,886,647 for this expansion

·        Wheelchair-Accessible Transit Vehicles- In February, 2001 Penn DOT distributed $3.8 million for wheelchair accessible vehicles, in September, 2002 $5 million was made available for wheelchair accessible vehicles, and in September of 2003, $4.8 million was made available for accessible public transit vehicles.   Section 5310 Elderly and Persons with Disabilities Formula Program (formerly Section 16(b)(2)):  Capital-only assistance program for the purchase of vehicles to transport the elderly and individuals with disabilities;  Intended primarily for private not-for-profit organizations; Public organizations that coordinate services for the elderly and individuals with disabilities or that can certify that no not-for-profit organizations are readily available that can provide service may also be eligible to receive program funding.

Disability-Related Services Provided by the Department of Health:

·        Medical Assistance for  Workers with Disabilities (MAWD)- a program which enables eligible individuals with disabilities to work in competitive employment without loss of medical benefits by allowing them to “buy in” to the medical assistance System

·        Drug and Alcohol Treatment (both hospital and non-hospital settings) including detoxification, inpatient, outpatient, intensive outpatient, and halfway house services.

·        Special Kids Network - A free, statewide network for families with children who have special needs or disabilities.  Here is a sampling of the kinds of services that may be available to you:  

1.    Education and Training

2.  Adaptive driver training

3.  Braille instruction

4.  Family resource libraries

5.  Independent living skills

6.    Health Care Products

7.  Adaptive clothing

8.    Standing and walking aids

9.    Wheelchair repair

10.         Assistive technology   

11. Recreation and Leisure Clubs and scouting

12. Playgrounds with adaptive equipment

13. Recreation and therapeutic camps

14. Wheelchair sports

15. Social Services and Counseling

16. Accessibility Information

17. Adolescent, child or family counseling

18. Hospice care

19. Support and Advocacy

20. Parent and sibling support

21. Special education advocacy

22. Legal rights advocacy

23. Therapy – Equestrian, Occupational, Physical, Play, and Speech

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

The Independent Living for Individuals who are Older Blind program is designed to provide services to individuals who are 55 years old or older and who are blind or have a visual impairment.   The DSU will collaborate with the Statewide Independent Living Council (SILC) to strengthen their relationship in order to better serve blind or visually impaired Pennsylvanians.  This would include fostering collaborations with Citizens Advisory Committees, local blind associations and community service organizations.  The DSU will also work with SILC to offer advice and provide information on alternative formats for documents, assistive technology and referral services.  Staff from the DSU’s ILOB program will attend the quarterly SILC meetings to foster open communication.

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).

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.  N/A

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. 

The DSU does not provide any IL services.  Contractual arrangements are made with third parties.  The TDDP program is an example of a contract with a third party entity.  The SILC is involved in a partnership fashion as those contracts are awarded.

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.

In the PA Independent Living Services Act (Act 139) Section 11 it states that all CILs will meet the standards that will ensure all individual’s eligibility for services will be determined.

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.

The PA Network is comprised of 18 CILs that serves the entire Commonwealth.  However, many of them serve a number of counties and are unable to serve all counties equally.  The table below outline the network by naming the CIL, the source of funding, counties serves location and executive director.

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). 

All entities to be considered must meet the following eligibility requirements:

Eligible applicants

·        Consumer controlled, cross disability groups which are 501c3

·        Consumer controlled, cross disability groups applying for 501c3 within first 6 months of funding under the auspices of an existing, consumer controlled 501c3 serving as a fiduciary agent

·        Existing State or Federally-funded CILs to create new CILs

1.    Must spin off new CIL to be free-standing within two years

2.    Must manage all funds for new CIL separate from existing CIL.  An administrative fee may be charged but all accounting will show as a stand alone CIL.

·        Must meet the Rehab Act Standards and Assurances

The priority areas for expansion are as follows: 

North East PA

Westmoreland County

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.

As the Designated State Unit, the PA OVR provides administrative support to the Statewide Independent Living Council (SILC) on an ongoing and active basis.  One important role is grant management and technical assistance of the SILC Support funding.  OVR staff review, approve and monitor SILC support grant: applications, renewal documents, reports and budget.  In another capacity, OVR staff regularly attends SILC quarterly Board meetings and the OVR Executive Director is an Ex-officio SILC Board Member.   An additional role is OVRs participation in the development and review of a joint Statewide Plan for Independent Living. 

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

       Disbursement of funds - contracts

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.

Disbursements will be made as required according to the three years developed in this SPIL with an annual budget to serve as a companion.  The line items in that budget are described below: 

Salaries and Benefits – projected expenses needed to employ SILC staff

Equipment Purchase – projected expenses to purchase equipment necessary

Equipment Lease & Maintenance - cost of leasing and/or maintenance agreements

Audit– projected cost of an annual audit to fulfill state and federal contract requirements.

Computer Software – projected cost to purchase computer software

Consultation – consultation services in specialized areas related to the SILC’s mission

Dues/Subscriptions/Fees - costs related to memberships in disability related organizations/groups, subscriptions to cable service and newspapers.

Educational Fees/Materials – projected expenses of materials utilized in personal development

Insurance/Directors & Officers – projected cost for Directors’ and Officers’ insurance 

Insurance/Property - projected cost for property insurance

Legal Fees – projected cost for legal counsel and representation to assure viability.

Meeting Charges - Funds to cover the costs of having quarterly and committee meetings

Payroll Services – projected cost for payroll services, reports, and tax filing purposes.

Postage – projected cost for typical mailings of correspondence

Printing – projected cost of purchasing professional printing services

Reasonable Accommodations – projected cost for disability-related support

Rent - projected cost for office space, parking, janitorial services, and off-site storage.

Supplies - typical clerical supplies, binders, miscellaneous materials and supplies

Telephone - projected cost for telephone and computer network expenses

Travel//Lodging, Meals, PAS, and Transportation – projected cost of lodging expenses for board members, staff, committee members, and attendants

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.

The SILC has an internal process for proper expenditure of funds.  See Section 6.4 below for details.  In addition to this process, the Finance Committee meets regularly to ensure the funds meet the program responsibilities as well as being properly accounted for.  The SILC also has an annual program audit.  The SILC is in continual communication with the DSU to ensure the resources are expended properly both before the passage of the plan and during the implementation.

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

There are no policies or practices in place that 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.

The plan proposed uses known resources.

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. 

The PA SILC is a 501(C)(3) entity that operates with a governing board of directors.  The DSU and the SILC work in partnership as described by the Rehab Act.

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). 

The SILC recruits qualified members from around the state working from a grid that takes into account all of the membership requirements of the Rehab Act.  The council then meets potential members and determines whether or not to send recommendations to the Governor.  Upon recommendation of the SILC, information is sent to the DSU who works with the Governor’s office to ensure that the SILC always maintains a full complement of members.

SILC Bylaws Section 3:  Appointment. 

The councilors shall be appointed by the governor for a three year term as required or allowed by law. The council may make recommendations for such appointments. No more than two consecutive full terms may be served by any individual. Individuals may be reappointed to a new term following a period of one year from the expiration date of any second full consecutive term.

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.

This occurs with the board of directors regarding the executive director and the remaining SILC  staff is evaluated by the executive director.

– 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.

The DSU does not interfere in any way with the SILC staff.

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.

Through regular staff meetings and activities, specialists will participate in the planning of IL services.  Through inter-CIL and regional CIL activities, personnel will gain an understanding of the development of the network and will be supportive of the network’s joint activities.  

– 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.

Each Center will have to the maximum extent feasible alternative modes of communication available or readily accessible resources that supply such modes of communications.  Efforts will be made to identify persons in the CIL or individuals or resources in the community who are proficient in the native language 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.

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.

PA SILC Personnel Manual dated July 18, 2006 and voted on and passed by the SILC Board on July 18, 2006 will ensure that qualified individuals with significant disabilities will be recruited and advanced under 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.

Process for disbursement of funds:

(Request for funds are prepared based on monthly expenses and sent to OVR for approval)

ˉ       Manager of Finance and Administration verifies and codes invoices

ˉ       Bookkeeper from outside firms records entries into Peachtree Accounting software and runs a select for payment report.

ˉ       Executive Director approves and then sends the report onto the SILC Chair and Treasurer for approval. 

ˉ       Executive Director signs all checks under $5,000.  A second signature is required for checks higher than that amount by SILC Treasurer

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.

Records will be maintained with the proper documentation

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

Reporting will occur as required

– 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.

Access will be provided upon request

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. 

Eligibility is determined based solely of presence of significant disability for core services.

– 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.

Information and referral can be obtained through various mechanisms of the IL program.  If necessary, follow-up services will be provided.

– 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.

Eligibility is determined according to the law.

– 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.

Eligibility is not determined based on age, color, creed, gender, national origin, race, religion, or type of significant disability.

– 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.

In Pennsylvania, all persons with disabilities can receive services regardless of any state or local requirements.

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.

All recipients of IL services either have an IL Plan or a waiver.

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.

All CILs will notify individuals seeking or receiving IL services of CAP in accessible format

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.

Policies and procedures will be in place ensuring the proper level of confidentiality.

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.

1.                Participate at site reviews of Centers for Independent Living. PASILC will provide a representative at both RSA and PAOVR CIL monitoring visits at the request of the CIL being reviewed and/or monitored.  While the PASILC does not evaluate individual CILs, it does evaluate the implementation of the SPIL, and gains valuable information regarding best practices and areas of need for technical assistance or training.

2.                Compile a statewide summary of consumer satisfaction surveys results submitted to the SILC by the PA CILs.

3.                Full Council review of the implementation/progress of the SPIL.  The PASILC will formally review the status of SPIL activities and initiatives each year at a full Council meeting.

4.                Annual review of audited financial statements.  The PASILC Executive Committee will review the audited financial statements of both internal operations and subcontracted operations per an established review schedule.  The results will be reported at a full Council meeting.

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)

In 1994 disability advocates in Pennsylvania helped to secure state passage of the

Independent Living Services Act (Act 139).  It is nearly identical to the Rehab Act and will ensure the intent of the Rehab Act will always be protected in Pennsylvania.

The state act is identical to the federal legislation with one key difference: 50 percent of Centers for Independent Living in Pennsylvania must be members of the SILC.  Due to this requirement, which the SILC had supported, the number of SILC members has automatically increased as the number of CILs in Pennsylvania has grown.  Although they are members of the SILC, they do not add into the number of persons with a disability.   

Governor Rendell has indicated that he will not approve the further expansion of the SILC.   As a result, the SILC is working with the Rendell Administration and House Majority Leader Bill DeWeese on legislation that would limit at seven the number of CIL executive directors on the SILC and limit the size of the overall SILC to 25.