Arkansas Administrative Code
Agency 172 - Department of Career Education
Rule 172.00.07-002 - State Plan for Independent Living

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 Arkansas Rehabilitation Services - Ark. Dept. of Workforce Education (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 Division of State Services for the Blind - Ark. Dept. of Health and Human Services (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) and364.22(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 Arkansas Independent Living Council (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 Robert P. Trevifio (Name, title of DSU director) and James C. Hudson (Name, title of separate State agency director, if applicable). 34 CFR 76.104(a)(5) and (6)

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 364.2 8

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)

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)

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)

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

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

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

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) (l-6) . 34 CFR 364.56(a)

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.

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

Objective 1 - Systems Change

Identify local and statewide barriers to IL and implement systems advocacy strategies involving the Centers in collaboration with the Arkansas Independent Living Council (AILC), other councils, task forces, and community organizations.

Activity 1 - Identify barriers

ARS, DSB, the Center and the AILC will collaborate to identify local and statewide barriers to independent living. The AILC will conduct Community Forums to identify barriers and document needs. Timelines - Ongoing.

Activity 2 - Develop strategies

ARS, DSB, the Centers and AILC will collaborate to develop strategies to address/remove identified barriers. Timelines - Completion April 2008.

Activity 3 - Implement strategies

ARS, DSB, and the Centers will implement agreed-upon strategies to address/remove identified barriers to independent living. Timelines - Completion November 2008.

Activity 4 - Evaluate effectiveness

ARS, DSB, the Centers and AILC will evaluate the effectiveness of the strategies used to address/remove identified barriers and reconfigure its strategies as necessary. Completion: Ongoing.

Activity 5 - Monitor legislation

The AILC will monitor federal, state, and local legislative efforts impacting those with disabilities. Timelines - Ongoing.

Activity 6 - Develop an Emergency Preparedness Plan

The AILC will develop an Emergency Preparedness Plan for Arkansans with disabilities.

Timelines - Completion July 1, 2008.

Activity 7 - Collaborate with other SILC's

The AILC will collaborate with other SILC's nationally in promoting the IL philosophy for all Americans with disabilities. Timelines - Ongoing.

Activity 8 - The AILC will meet quarterly with the Centers

The AILC shall facilitate quarterly meetings with the Centers regarding specific advocacy needs in their geographic regions. Timelines - Quarterly.

Objective 2 - Increase public awareness regarding Independent Living

ARS, DSB, the Centers and AILC will increase public awareness of the IL philosophy and availability of IL services.

Activity 1 - Train staff and Board

ARS and DSB will invite knowledgeable presenters from the University of Arkansas Center for the Utilization of Rehabilitation Resources for Education, Networking, Training and Service (CURRENTS), formerly Regional Continuing Education Center (RCEC), to train staff on the IL philosophy at an agency meeting. The staff and directors of the Centers will be used to train ARS, DSB and AILC on IL philosophy. Timelines - Completion by May 2008.

Activity 2 - Develop public relations activities

ARS and DSB public relations activities will increase public awareness of IL philosophy and services through inclusion in brochures and public service announcements. The state agencies will develop new brochures or include in existing brochures information about the IL philosophy and available IL services. The state agencies will utilize native languages in these efforts. Timelines - Ongoing.

Activity 3 - Inform transition students

The state agencies will invite a guest speaker to present information about the IL philosophy to high school students who are blind or severely visually impaired and are attending the DSB Jump Start transition program and the ARS Youth Leadership Forum. Timelines - Completion July 2008.

Activity 4 - Inform community and government

The AILC in collaboration with the Centers will inform families, businesses and government agencies of IL philosophy and availability of services. Timelines - Ongoing.

Activity 5 - Maintain website

The AILC will maintain a website. The website will be updated on an as-needed basis. Evaluate what linkages currently exist and their effectiveness and investigate other possible linkages. The website will include Centers' activities and calendars of events. Timelines - Ongoing.

Activity 6 - Create PowerPoint presentation

The AILC will create an updated Power Point presentation on IL philosophy and advocacy. This PowerPoint presentation will be used for awareness and education purposes. The presentation will be reviewed on an annual basis to ensure inclusion of current disability related issues and activities. Timelines - Completion March 1, 2008.

Activity 7 - Update resource library

The AILC will update the resource library with current information in appropriate formats and languages. Timelines - Completion March 1, 2008.

Objective 3 - Enhance ARS IL services

ARS will initiate activities to enhance IL services.

Activity 1 - Enhance consumer/counselor interaction

Enhancement of consumer/counselor interaction ARS will explore and identify strategies for a plan to enhance ARS IL services in collaboration with the AILC, the Centers, the SRC and ARS counselors. ARS will develop a customer satisfaction instrument. Completion by April 2008.

Activity 2 - Implementation of plan to enhance ARS IL services

ARS will implement the plan to improve IL services including counselor assignments and data tracking. Timeline - from April 2008 and ongoing in FY 2009-10.

Activity 3 - Update IL policies and procedures to reflect IL philosophy

ARS will form a workgroup to revise IL policy and procedures to more accurately reflect IL philosophy, and to comply with current law and regulations. Timeline - Completion September 30, 2008.

Activity 4 - Update ARIMIS system for IL

The ARIMIS data system will be updated to reflect the IL plan implemented above. Timeline - Completion September 30, 2008.

Activity 5 - Increase collaboration with the Centers

ARS will increase collaboration with the Centers through increased participation in meeting Center meetings. ARS will also include opportunities for the Centers to attend and provide IL training during ARS meetings and Conferences. Timelines - Ongoing.

Objective 4 - Enhance DSB IL services

DSB will initiate activities to enhance IL services.

Activity 1 - Increase public awareness

DSB will develop a public relations campaign to increase public awareness of DSB IL services. Options to be explored include, but are not limited to, public service announcements, brochures, speakers, the Arkansas Information Reading Services for the Blind, the DSB website, news releases, success stories, and use of the DHHS communications network. Timelines -Completion August 2008.

Activity 2 - Collaborate with the AILC and Centers

DSB will maintain cooperative relationships with the AILC and the Centers. DSB will use the

Centers to build the capacity of DSB to provide and promote independent living services for individuals who are blind or severely visually impaired. DSB will collaborate with the AILC and the Centers in expanding the knowledge and awareness of the independent living philosophy. Timelines - Ongoing.

Activity 3 - Evaluate effectiveness

DSB will evaluate the effectiveness of the CIL's that DSB has contracts with by reviewing monthly reports from the CIL's and making periodic visits. Timelines - Ongoing.

Objective 5 - Outreach to unserved and underserved populations and areas

ARS, DSB, the Centers will initiate activities to improve outreach to unserved and underserved populations and areas.

Activity 1 - The state agencies and Centers will include outreach in public relations efforts ARS and DSB will include IL services in public relations efforts including outreach to unserved and underserved populations in brochures and public service announcements. The state agencies and the Centers will continue to include outreach through involvement in community activities. Brochures in native languages will be utilized. Public services announcements will include outreach. Timelines - Ongoing.

Activity 2 - Assessment of IL needs in underserved geographical areas of the state The AILC will utilize surveys, forums and focus groups with stakeholders to assess the needs for IL services in the geographical areas that are not served by the Centers. ARS counselors and Center staff will distribute to individuals. AILC will develop forums or interest group discussions to assess the IL needs. Timelines - Ongoing.

Activity 3 - Coordination of services between state agencies and Centers

In the geographical areas that are located within the service area of a Center, the Centers will concentrate services more in the IL core service counseling and refer consumers to the state agencies more for purchase of IL items. In geographical areas that are not located within the service area of a Center, the state agencies will coordinate to provide more IL core service counseling. Training will be provided to state agency counselors to assist in the implementation of this activity. Timelines - Completion September 30, 2008.

Objective 6 - Collaboration

The entities will explore new and innovative areas for collaboration among ARS, DSB, the SILC and the Centers in provision of services and areas of mutual interest

Activity 1 - Collaboration among ARS, DSB, the AILC and the Centers

ARS, DSB, AILC and the Centers will strive to maintain cooperative relationships. Each entity will work with the others to build the capacity to provide and promote independent living services. The entities will collaborate in expanding the knowledge and awareness of the independent living philosophy within Arkansas. Timelines - Ongoing.

Activity 2 - Explore and find ways to collaborate in eliminating barriers to deinstitutionalization

ARS, DSB and the Centers will explore collaboration in eliminating barriers for deinstitutionalization and transition from nursing homes. Timelines - Ongoing.

Activity 3 - Explore and find ways to collaborate in Transition ARS, DSB and Centers will explore collaboration in providing Transition services to high school students. Timelines - Ongoing.

Activity 4 - Explore and find ways to collaborate with Hot Springs Rehabilitation Center

ARS and the Centers will explore collaboration in Centers involvement in the orientation process for new students Hot Springs Rehabilitation Center. Timeline - Completion April 1, 2008.

Activity 5 - Consumer satisfaction surveys from Centers to AILC

The Centers will conduct consumer satisfaction surveys and provide them to the AILC.

Timelines- Completion September 30, 2008.

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

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

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

Response

The goals and objectives under Section 1 of the Arkansas SPIL are consistent and support the purposes stated in the Act:

". . .to promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of American society. . ."

The overall goal and mission of the SPIL is to increase the ability of Arkansans with significant disabilities to lead productive and independent lives by improving the quality and collaborative nature of independent living (IL) services provided by the IL entities in the state. Objective I in the SPIL is Systems Change to identify and eliminate barriers to IL and implement strategies to improve IL services. Objective 2 is to increase public awareness of IL philosophy and availability of services. Objectives 3 and 4 are to enhance IL services provision and promotion of IL philosophy by the state agencies. Objective 5 involves activities to enhance outreach to unserved and underserved populations through assessment of needs in underserved geographical areas, public relations efforts, and coordination of services with ARS, DSB, and the Centers. Objective 6 is to explore new and innovative ways for collaboration among the IL entities. The SPIL provides financial assistance for providing, expanding, and improving the provision of independent living services; to develop and support statewide networks of centers for independent living; and for improving working relationships among independent living entities including ARS, DSB, AILC, the Centers and their partners.

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

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

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

1.6 Coordination of Services - 34 CFR 364.27

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

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

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

Response

Minutes of the Older Blind Advisory Committee are provided to the Director for the purpose of program evaluation and planning. These minutes, along with those of DSB Board Meetings, consumer satisfaction surveys and the annual evaluation by the independent contractor, Mississippi State Center on Blindness and Low Vision, lay the foundation for identifying and assessing the value of innovative practices.

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

Response

The ARS, DSB, the Centers and with support from the AILC have a priority for outreach to unserved and underserved populations within the state of minority populations including African Americans, Hispanics and Asians. The Centers have a priority in transition from nursing home services. The IL entities are seeking to collaborate and explore new and innovative approaches to provide services more effectively in the geographical areas of the state that are not in the service area of a CIL through coordination of ser services between the Centers and the state agencies.

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

Response

The ARS and DSB do not provide any IL services through grants or contracts. ARS and DSB services are provided directly or purchased individually.

3.1 Existing Network - 34 CFR 364.25

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

3.2 Expansion of Network - 34 CFR 364.25

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

Response

The expansion of Independent Living service offerings will follow a specific formula. Information provided via Centers for Independent Living, community forums and grassroots organizations establishes the need for an additional Center for Independent Living. The feasibility determination process will consist of the following components:

The first priority area in expansion of the IL network into unserved areas of the state is in Northeastern Arkansas, with the second priority in the Southwestern area, followed by the North central counties. At this time, the SILS partners are exploring the possibility of opening a satellite CIL office in Northeast Arkansas in the city of Jonesboro. Northeastern Arkansas has a major population concentration in Jonesboro and the surrounding area. Initially, two counties are being considered Craighead, which includes Jonesboro and Mississippi, which borders Craighead on the west and the Mississippi Delta on the east. A significant concentration of individuals with disabilities resides in these counties according to the Maximus SSA Beneficiary Distribution Website. The Mississippi Delta is an economically depressed area and includes a significant number of individuals with disabilities and minority population. A business plan will be developed and funding sources in the community explored. If the satellite can be implemented and sufficient funding becomes available, future growth will involve expansion into a stand-alone CIL serving several counties.

3.3 Section 723 States Only - 34 CFR 364.39

Response

N/A

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

Response

The ARS and DSB receive, account for and disburse funds received for the SILS program based on the State Plan for Independent Living. All administrative support for the ARS and DSB IL programs is provided through employees of the ARS and DSB. All staff and employees of the AILC and the Centers are employed exclusively by them and are not state employees. An ARS Liaison and a Program Evaluation Specialist provide the AILC with technical assistance.

5.1 Resource plan - 34 CFR 364.21 (0

Response

Funding for the resource plan of the AILC is provided by ARS and DSB from Section 110 Innovation and Expansion funds. ARS provides 88% and DSB 12% of the funds for the resource plan of the AILC. The amounts of the AILC resource plan projected for FY '08, '09 and ' 10 are $154,850, $159,702, and $165,005 respectively. The AILC, ARS and DSB develop the resource plan collaboratively. The plan provides all resources for the AILC including staff and personnel. All funds are provided by the DSUs. There are no other public or private funds included in the resource plan.

Response

The AILC has approved financial policies and procedures that ensure all funds are expended appropriately and with integrity. These policies are executed with authority by the Executive Director and with oversight from the AILC Council. The Financial records are reviewed monthly by the Executive Director and the AILC Council and reported to all appropriate entities. Funding for the AILC yearly resource plan is outlined in a written grant agreement with ARS and DSB. The expenditures under the resource plan are monitored periodically by both ARS and DSB, and audited annually through independent audit, which is provided to both DSUs. There is a written contract with the AILC regarding funding. The contract requires written records, access and records retention. The contract requires the AILC to comply with applicable audit and reporting requirements outlined in State and Federal Accounting Laws. The AILC agrees to allow DSU staff or other designees to conduct program monitoring and evaluation during normal working hours. Termination may be immediate if at any time, the DSU concludes that AILC has not fully performed any/all the responsibilities under this agreement, an emergency situation arises or funding is not available. This does not affect any legal rights the DSU has in the recovery process related to damages if the AILC has not performed according to the terms of the agreement.

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

Response

The AILC is an independent 501(c)(3) non-profit corporation with a governor appointed Board of Directors. The AILC is placed administratively outside the government structure. The AILC is physically located autonomously from any state government buildings. A clause is being developed to add to the contract to insure that the DSU will not include conditions or requirements in the AILC resource plan that would 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.

Response

The ARS and DSB provide funding for the AILC resource plan through a written grant agreement. The amounts are agreed upon within the State Plan for Independent Living and ratified by the AILC Board of Directors and the Directors of the DSUs. Spending is monitored through the finance sections of both ARS and DSB.

5.2 Establishment and Placement - 34 CFR 364.21(a)

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

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

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

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

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

5.4 Staffing - 34 CFR 364.21 (0

Describe how the following SILC staffing requirements will be met:

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

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

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

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

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

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

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

Response

- ARS, DSB and the Centers maintain personnel policies that encourage hiring staff and utilizing individuals that are knowledgeable and specialists in VR and IL services. Counselors are CRC certified. The ARS Successful Employment through Assistive Technology (SEAT) and Increasing Capabilities Access Network (ICAN) programs have specialists in assessment and provision of assistive technology and rehabilitation technology that work with IL consumers. DSB has rehabilitation teachers and mobility instructors that are specialists in IL. The Centers have policy and procedures that cover personnel, financial, service provision and office procedures. The job description includes requirements under the section, Acceptable Training and Experience, that include a Bachelors Degree in rehabilitation or other related field is preferred, two or more years in community organizing and training, personal disability or experience with the disabled population, and knowledge of disability laws, policies and regulations. The Centers are developing uniform written policy that will specifically cover inclusion of personnel who are specialists in the development and provision of IL services and in the development and support of centers.

- The DSUs and the CILs seek to employ individuals with skills in alternative modes of communication and native languages. The ARS assistive technology project has staff that is trained and utilizes vendors certified in alternative communication devices. Each entity has staff or contracts with interpreters of Spanish and other languages, sign language interpreters for the deaf and hard of hearing, and Braille.

- The DSUs and CILs are developing written policy requiring and making available continuing education, training and staff development for all classes of positions involved in providing IL services. ARS is developing training in IL philosophy for all counselors and has scheduled IL philosophy training during the Fall Conference October 4-5, 2007. ILRU on-line training will also be provided to the DSUs and CIL staff.

- The DSUs have written policy in compliance with section 503 of the act. Uniform written policy is being developed on affirmative action with all the CILs.

6.2 Fiscal Control and Fund Accounting - 34 CFR 364.34

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

6.3 Record-Keeping. Access and Reporting - 34 CFR 364.35; 34 CFR 364.36; 34 CFR 364.37

- Maintenance of records that fully disclose and document the information listed in 34 CFR 364.35.

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

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

6.4 Eligibility - 34 CFR 364.40; 34 CFR 364.41

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

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

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

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

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

6.5 Independent Living Plans - 34 CFR 364.43(c)

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

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

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

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

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

1. The SILC will elect a committee to monitor, review and evaluate progress on implementation and meeting the objectives and activities of the SPIL.

2. The SILC will address as part of its quarterly business funding and whether the resource plan timelines or funding are adequate and need adjustments in order to meet current and future needs.

3. Submitting the annual 704 report to Rehabilitation Services Administration in conjunction with ARS and DSB. The AILC will complete the information for Part 1 of the report and submit it to the DSUs. ARS will include the information in the full report that they submit to RSA not more than 120 days after the end of the federal fiscal year. The AILC will monitor and review the 704 report quarterly.

4. Publishing an Annual Report. This report will review the AILC's activities, successes, and problems over the previous fiscal year. It will be made available to the AILC's mailing list, through request by e-mail, and on the AILC's website.

5. AILC Review. The AILC will review the progress of the SPIL quarterly. Goals and objectives will be evaluated for quantitative and qualitative results.

6. Consumer compilations. All written comments from consumers received by the AILC regarding IL services shall be kept on record and considered in the development of the 704 report. The AILC newsletter will continue to encourage consumers to send comments in to the office. Comments sent to the newsletter may be published in the newsletter.

7. The AILC will compile all customer satisfaction surveys from the Centers, ARS and DSB and publish the results annually. These will be assessed for effectiveness and to identify areas of need.

8. ARS staff will attend quarterly SILC meetings. Attending these meetings allow ARS to stay abreast of consumer satisfaction, statewide initiatives to expand IL services and to gather information on IL activities.

9. SILC staff will attend quarterly ARS meetings. This will allow the SILC to learn about ARS programs and services and help with the monitoring of the SPIL.

10. ARS staff will monitor quarterly financial and program reports submitted by the AILC.

11. ARS staff will monitor quarterly financial and program reports submitted by the Centers.

12. ARS staff will attend RSA reviews or monitoring activities of the Centers.

13. ARS staff will review annual federal reports of the AILC and the Centers.

14. The Centers use customer satisfaction questionnaires with consumers. DSB utilizes a customer satisfaction survey for IL. ARS is developing a customer satisfaction instrument as part of Objective 3 under Section 1.2.