Arkansas Administrative Code
Agency 172 - Department of Career Education
Rule 172.00.13-002 - Arkansas State Plan For Independent Living

Arkansas Rehabilitation Services-Ark. Dept. of Career Education

Division of State Services for the Blind-Ark. Dept. of Human Services

Arkansas Independent Living Council

Yes

Yes

Yes

* The provision of State independent living services;

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

* 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.

Yes

Yes

* appropriate and sufficient notice of the public meetings;

* 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.

Yes

Yes

Yes

Yes

Yes

Yes

* 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.

Yes

Yes

Yes

Yes

Yes

Yes

* with individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal 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.

Yes

Yes

Yes

Yes

* 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.

Yes

Yes

Yes

Yes

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.

Goal Name: Mission of the State Independent Living Services (SILS) and CIL Programs

Goal Description:

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 Arkansas Rehabilitation Services (ARS), the Division of Services for the Blind (DSB), the State Independent Living Council (SILC) and the Centers for Independent Living (Centers).

Goal Name: Goal of the SILC

Goal Description:

The goal of the Arkansas State Independent Living Council is to promote independence, including freedom of choice and full inclusion into the mainstream of society, for all Arkansans with disabilities.

Goal Name: Goal of the Centers for Independent Living

Goal Description:

The goal of the Centers for Independent Living is to provide services, support and advocacy that enable people with significant disabilities to live as independently as possible within their communities. The Centers strive to achieve full integration of persons with disabilities into the mainstream of society. The Centers work to increase people with disabilities' awareness and knowledge of the importance of their own personal power to direct the course of their own lives and independence. Centers promote the philosophy of Consumer Control.

Goal Name: Goal of the Division of State Services for the Blind

Goal Description:

The Arkansas Division of State Services for the Blind (DSB) is dedicated to the independence of Arkansans who are blind or severely visually impaired and is committed to the principle that these individuals have the right to make informed choices regarding where they live, where they work, how they participate in the community, and how they interact with others.

The DSB goal is to work in partnership with these Arkansans by assisting them in obtaining the information they need to make informed choices, and by providing them with access to services that increase their opportunities to live as they choose.

Within the constraints of state and federal laws and based on available funds, DSB fulfills its goal through assisting Arkansans who are blind or severely visually impaired to live as independently as possible through the development of skills, accommodations, or adaptations that are necessary to perform all activities of daily living.

DSB offers independent living services under Chapter 1 of the Title VII of the Rehabilitation Act through its ten field offices throughout Arkansas. Information and referral; assessment; mobility; rehabilitation teaching; low vision services; counseling; skill instruction; limited transportation; and adaptive aides and devices are provided to eligible individuals. IL services are provided to homemakers in accordance with their Individualized Plans for Employment. DSB has contracted its Older Individuals who are Blind program to World Services for the Blind (WSB), which assesses OIB consumers and develops an IL plan with them. These services are available in all 75 counties. DSB partners with the Arkansas Independent Living Council (AILC) and the Centers for Independent Living (CILs) to provide independent living core services.

Goal Name: Goal of Arkansas Rehabilitation Services

Goal Description:

The goal of Arkansas Rehabilitation Services Division is to provide services resulting in meaningful employment and independence for Arkansans living with disabilities. ARS strives to provide independent living services that enhance the ability of an eligible individual with a significant disability to live more independently and function within his/her family or community and, if appropriate, secure and maintain appropriate employment. The overall goal of ARS for the SILS program is to promote the integration, and full inclusion of individuals with significant disabilities into the mainstream of American society.

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.

Year 1 - 2014 Approximate funding amounts and uses

Year 2 - 2015 Approximate funding amounts and uses

Year 3 - 2016 Approximate funding amounts and uses

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.

ARS, the Division of Services for the Blind and the AILC cooperate and coordinate with a variety of entities. Cooperation takes place in carrying out activities of planning and coordinating services to people with disabilities to build capacity in communities and agencies, improve the quality and quantity of services and to avoid duplication of services. The AILC solicits a Board of Directors comprised of individuals representing a broad range of stakeholders and interested parties regarding IL services. Organizations represented include the Arkansas Department of Human Services, Client Assistance Program, a director of Disability Student Services at a prominent university, the Spinal Cord Commission, a representative of local government, disability service providers, and consumers. Both ARS and DSB are represented on the AILC Board and attend meetings. A Center Director is on the Board as a representative of the Centers. These members interact with their respective agencies and organizations, network and cooperate, and coordinate with ARS, DSB, the AILC and the Centers.

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.

ARS, DSB and the SILC are aware of all IL and VR services within the state. Cooperative agreements are in place with the Department of Education, Special Education-Transition, and Career Education (Vocational Education). Cooperative agreements are implemented with DDS and Mental Health. Services are planned and coordinated to supplement and avoid duplication including the DSB Older Blind Program. All recipients of financial assistance under Chapter 1 and Chapter 2, adopt such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for funds paid to the State under Chapter 1 and 2. Case record files are maintained that document and fully disclose disbursement for all services. ARS and DSB comply with written policies concerning comparable benefits that require the counselor to determine and utilize benefits from any other agency that could be utilized in the consumer's individualized written IL plan.

IL is the foundation for VR services and through the Governor's Executive Order 10-17, DSB coordinates with other state agencies to remove barriers and increase employment of Arkansans with disabilities. The Executive Order requires the coordination of disability service providers, consumer advocates, and the state agencies administering disability services, Vocational Rehabilitation, Workforce Services, and Education. Executive Order 10-17 calls for the training of staff and counseling of consumers on Social Security work incentives, the Ticket to Work program, and employment and navigation services for individuals with disabilities who want to work. It aims to increase the availability and use of supported employment through interagency collaboration and reallocation of existing funds to better meet the needs of individuals with the most significant disabilities.

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.

DSB has contracted with World Services for the Blind to serve consumers in the Older Individuals who are Blind program.

The DSB Older Blind Advisory Committee continues to meet and collect consumer input and provide advocacy. The DSB Director/designee attends the committee meetings to encourage active dialog. Minutes of the OIB Advisory Committee, along with those of DSB Board meetings 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. Mississippi State also conducts an annual client satisfaction survey.

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.

There are four Centers for Independent Living in Arkansas. The Centers provide the four core services in 25 of the 75 counties. There are no non-Part C-funded centers in Arkansas. The Centers are as follows:

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).

Unserved and Underserved Areas

Arkansas has no non-Part C Centers within the state. There are four Part C CILs in Arkansas:

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

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.

The AILC obtained Articles of Incorporation on November 21, 1994 and gained status as an independent 501(c)(3) non-profit corporation on February 2, 1995. The Governor appoints the Board of Directors. The AILC is located outside the state government structure.

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.

The AILC tracks appointments and expirations of terms of Board members. A database was developed to assist in tracking and to monitor composition requirements. The AILC created a nominating committee to monitor and nominate candidates for Board membership. The Governor appoints members to the AILC Board of Directors. The Governor's office notifies the AILC of appointments when they are completed. Prospective members are recommended to the Governor through collaborative effort by the AILC and Directors of ARS and DSB. ARS, DSB, the AILC and the Governor collaborate to insure that the members meet AILC composition and qualifications requirements. The AILC selects a chairperson from among the voting membership of the Council. Membership terms of service are for three years, for no more than two consecutive terms. A member appointed to fill a vacancy occurring prior to the expiration of the term for another member, is appointed for the remainder of such term. Terms are appointed on a staggered basis. Vacancies are filled by appointment of the Governor.

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.

The AILC maintains written policy and procedures in its AILC Personnel Policies in conformance with state and federal law. The executive director is supervised and evaluated by the SILC Council. The office manager is supervised and evaluated by the SILC executive director. Evaluations are done on an annual basis.

* 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 DSUs do not assign duties to SILC staff and other personnel are not made available by the DSU or other State agency or office. The SILC is an independent 501(c)(3) non-profit agency and no DSU staff or personnel are employed by the SILC.

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

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 or working toward certification. 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 a 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.

* 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.

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.

* 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.

The DSUs and CILs have written policy requiring and making available continuing education, training, and staff development for all classes of positions involved in providing IL services. ARS has provided training in IL philosophy. ILRU on-line training will also be provided to the DSU's and CIL's staff.

* 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.

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.

* 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.

ARS and DSB have adopted internal accounting controls complying with applicable EDGAR fiscal and accounting requirements, and as required by generally accepted accounting procedures and requirements of the state of Arkansas. The internal controls of the agency are subject to an annual audit by the Arkansas Legislative Audit under the requirements of the Single Audit Act, and the Compliance Supplement. The AILC and Centers have internal accounting controls in compliance with state and federal law. The AILC and Centers maintain their own financial records in house and retain this information using an accounting software system. The Centers use an outside accounting service to prepare payroll for the organizations and to conduct a monthly external bank statement audits. The AILC and Centers maintain written policy under Financial Policy and Procedures. The Centers will develop uniform policy and procedures for use in all Centers.

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

The DSUs and Centers maintain fiscal records, personnel records, and consumer files in accordance with the Education Department of General Administrative Regulations.

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

All appropriate reports are submitted to the Secretary or Commissioner 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.

All records and files are available for review by authorized personnel.

* 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.

ARS and DSB maintain policy and procedures in compliance with federal and state law regarding eligibility, information and referral, non-discrimination, and no residency requirement other than presence in the state.

* 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.

Ability to seek information, eligibility determination, information and referral, non-discrimination, and non-exclusion from IL services based on residency are included in written policy and procedures. The individual Centers have policy and procedures for these issues. The Centers will develop uniform policy and procedures for use in all Centers on ability of any individual to seek information about IL services under these programs, and to request referral to other services and programs.

* 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.

The Centers have uniform policy and procedures for use in all Centers on 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.

The Centers have uniform policy and procedures for use in all Centers on application of eligibility requirements without discrimination.

* 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.

The Centers have uniform policy and procedures for use in all Centers on 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.

* 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.

ARS' and DSB's IL plans are developed for each individual in compliance with federal and state law. The Centers' IL Plans are developed or waived at application, and included in a packet that also outlines the grievance procedure and CAP information including contact numbers. The Centers will develop uniform policy and procedures regarding provision of IL services for use in all Centers. The Centers' Independent Living Plans are developed with the consumer with emphasis on consumer control. The Centers promote consumer involvement and offer individuals every opportunity to be active participants in the development of their IL Plans.

* 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.

ARS and DSB will provide each client with Client Assistance Program (CAP) information at application and make it available throughout the IL process. The Centers have written policy requiring notification of clients and applicants of the CAP. The Centers use a CAP informational pamphlet that is given to consumers at intake, and information is provided about the Disability Rights Center, the Protection and Advocacy group in Arkansas. The CAP information is made available in accessible formats.

* 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.

ARS and DSB have written policy in compliance with federal and state law. The Centers have written policy to not release any personal information on consumers or employees without their written authorization. This is to ensure confidentiality in accordance with all federal laws and regulations. The CIL principle of confidentiality is maintained for all programs, departments, functions, and activities in accordance with policies and procedures of the organization.