WIOA Rules/Regulations Input

DRAFT Standards & Indicators NCIL Rehab Act Committeei

Recommended Language Law Standard Indicator(s) Guidance/Best Practices Sec. 705 1. The Council is 1.1 The SILC is not established as an 1.1 (a) & (b) established and entity within any state agency as a. The SILC, through bylaws, policy or other maintained in demonstrated by state law, an statement, identifies what it works to compliance with Section executive order, memoranda of achieve, including such elements as its 705(a)&(b). understanding, or other such written vision and mission. documentation. b. The SILC reviews and monitors progress 1.2 Appointment: Members of the SILC on its own work. will be appointed by the governor or c. The SILC influences the appointment other appointing authority if process to ensure compliance with applicable. requirements of the Act by recruiting and 1.3 Composition: The SILC membership recommending members and shall always include a majority of communicating with the appointment people with disabilities, as described authority about how candidates would in section 7(20)(B), who don’t work affect compliance. for a CIL or state agency. d. The SILC has freedom to advocate about a. The SILC will have as a voting issues of its own choice. member at least one CIL director e. The SILC develops statutory authority, chosen by the directors of CILs in procedures, and other systematic methods for gaining, maintaining, and protecting its the state that comply with autonomy. Section 725. f. The SILC accounts for its decisions and actions. b. In a State in which 1 or more g. The SPIL describes the status of the SILC centers for independent living are and how that status demonstrates the run by, or in conjunction with, the autonomy of the SILC. governing bodies of American h. The SILC has a code of ethical behavior, Indian tribes located on Federal including regulation of conflicts of interest, or State reservations, the Council for council members. shall include at least one i. The SILC has a plan for orientation and training of members which may include representative of the directors of mentoring of new members. such centers. 1.2 The SILC will develop a method for recruiting applicants and receiving applications and, on Final Recommendations 5-19-15 c. The SILC will have as ex-officio, at least an annual basis, forwarding non-voting members a recommendations of qualified, knowledgeable, representative of the DSE and and diverse candidates to be appointed by the Governor/appointing authority. representatives from other State agencies that provide services 1.3 for individuals with disabilities. a. The majority of voting SILC membership shall consist of individuals with disabilities 1.4 Qualifications: The membership of who are not employed by any state agency or the SILC shall provide statewide CIL. representation, represent a broad b.Additional members may include other range of disabilities, have diverse representatives from centers for independent backgrounds and are living, other individuals with disabilities, knowledgeable about CILs and parents and guardians of individuals with Independent Living services. disabilities, advocates of and for individuals 1.5 Election of a Chairperson: The SILC with disabilities, representatives from private shall select a chairperson from businesses, representatives from among the voting membership of the organizations that provide services for SILC. [In states where the Governor individuals with disabilities, and other does not have veto power, the appropriate individuals. Governor may designate a voting 1.4 member of the SILC to serve as SILC will provide training to its members on chairperson.] a. the Rehab Act and Independent Living at 1.6 Terms for SILC Members: Each least annually. SILC member shall serve for a term of 3 years, unless appointed to fill a b.The SILC shall provide each newly vacancy, and cannot serve more appointed member with training and than two consecutive full terms. orientation prior to voting. 1.7 Vacancies: Any vacancy shall be c. Every SILC shall complete and submit an filled in the same manner as the assessment of the SILC training needs to original appointment. SILC-NET and or other federal designee on an annual basis. Sec. 2. The Council fulfills all 2.1 SILC is responsible to ensure the 2.1 705(c)(1) the duties in Section development and submission of the a. The SILC will work with the Centers for 705(c)(1). State Plan for Independent Living Independent Living within the state to (SPIL). conduct public hearings, review annual (704) a. Documents the process for reports and use other mechanisms to identify development of the state plan needs and trends and gather information for Final Recommendations 5-19-15 with the Centers for Independent the development of the state plan, including Living within the state, which input from consumers and other stakeholders includes representatives of the in unserved and underserved areas and Centers and input from people populations with disabilities and other b.The SILC shall work with the Centers for stakeholders. Independent Living as defined in Sec. 702 in b. The SPIL is developed in the State to define the Network of Centers, collaboration with the Centers for including clear identification of those Centers Independent Living as which shall be counted under Sec. 704(a)(2) documented by the signatures on for development and signing the State Plan the SPIL. for Independent Living. 2.2The SILC monitors, reviews and c. The SILC will collaborate with CILs to evaluates the implementation of the describe how the State will provide SPIL. independent living services that promote full a. The SILC and CILs collaborate access to community life for individuals with on the design of tools and significant disabilities. processes to evaluate d.The SILC and CILs shall identify steps to implementation of the SPIL and serve unserved and underserved people and assess consumer satisfaction areas better, and describe strategies for with services. providing independent living services on a b. The SILC utilizes the tools to statewide basis, to the greatest extent review and evaluate the possible. implementation and effectiveness e. Signatures on the SPIL shall include: of the state plan.  The SILC Chair, at the direction of 2.3 The SILC meets regularly, ensures the SILC; at least 51% of the centers for that such meetings of the Council independent living; and the Director of the are open to the public and provides DSE, designating only agreement to serve sufficient advance notice of such and fulfill the responsibilities of the DSE. meetings. 2.2 2.4 The SILC submits and maintains a. The SPIL shall include procedures to monitor, copies of reports requested by the review, and evaluate implementation of the Administrator and maintains records SPIL that include descriptions of the role of to verify the information in such the DSE and provider reports in the reports. evaluation process. 2.5 The SILC identifies entities with COMMENT: which activities are coordinated to It is very difficult to determine how to do this. Final Recommendations 5-19-15 conduct systems change. We need guidance on how to do this and 2.6 The SILC has the freedom to navigate the line between monitoring the SPIL advocate for issues of its own and not monitoring the CILs. *** choice related to SILC duties and 2.3 1 authorities. a. The SILC meets regularly and maintains copies of advance notice, minutes,

1 and other documentation of the meetings. Per guidance provided by RSA in b. SILC meetings are open to the Technical Assistance Circular - RSA- public except for confidential matters such as TAC-13-01 those which the state's open meetings or sunshine law would allow to be held in closed session. c.The SILC holds meetings in locations accessible to people with disabilities and provides such effective communication and reasonable accommodations as are necessary to make the meeting accessible to people with disabilities. 2.4 The SILC shall maintain records, e.g. minutes of meetings, 704 Reports, member activity reports, to demonstrate evidence of actions and accomplishments 2.5 Consistent with Technical Assistance Circular - RSA-TAC-13-01: a. The Council and CILs will identify the partners with whom they work in advocacy efforts to address systemic change issues b. In partnership with CILs, the SILC will maximize cooperation, coordination, and working relationships to strengthen independent living within the state. c. The Council will work with the CILs to establish statewide advocacy networks that partner with coalitions and others who are addressing common

Final Recommendations 5-19-15 systemic change issues.

Sec. 3. The Council shall 3.1 The SILC identifies objectives and 3.1 Examples may include but are not limited to: 704(c)(2) specify, in the State documents progress under a. The SILC may develop a broader policy Plan, the additional authorities. agenda consistent with the purpose of activities, if any, it will Chapter 1, Title VII of the Act, and the State engage in under the plan described in Sec. 704, unless prohibited authorities in Section by State law. 704(c)(2), unless b. The SILC, in partnership with the CILs, shall prohibited by state law. direct and develop the resources (included but not limited to restricted and unrestricted funds, staff, volunteers, council members, and partners) necessary to implement advocacy for systems change. c. Gathering information through surveys, focus groups, CIL consumer satisfaction surveys, town hall meetings, and similar activities designed to seek public input; d. Designing, delivering organizing or participating in training events for people with disabilities, potential SILC members, current SILC members, partners, providers and relevant others e. Educating policy makers on the IL philosophy, services and impact of CILs as well as policy issues affecting people with disabilities in the state; f. Resource development activities that address policy barriers and that support & strengthen the CIL network or any other resource development matter identified by the SPIL; and g. Leadership development for the SILC members, for people within the IL network & disability community within the state. h. The SPIL may include objectives giving the SILC the ability to address emerging issues.

Final Recommendations 5-19-15 Sec. 4. The Council shall not 4.1SILC activities under the State Plan 705(c)(2) provide independent do not include the provision of direct living services directly to services. individuals with disabilities or manage such services. Sec. 5. The SILC conducts 5.1 The SILC maintains registration lists 5.1 Purposes for such hearings and forums may 705(d) hearings and forums and documentation of input include but are not limited to: necessary to carry out its gathered at hearings and forums a. Task forces or committees convened to duties. conducted. address barriers to independent living b. Task forces or committees convened to develop strategies to promote independent living Sec. 6. The Council shall 6.1 The resource plan details funding 6.1 The SILC develops, adopts, and controls its 705(e) have a resource plan included from: own budget, subject to financial provisions of sufficient to carry out the a. Sec. 110 as authorized in the SPIL, which may authorize expenses functions of the SILC. Sec.101(a)(18) Innovation and consistent with its functions and federal Expansion activities; regulations. b. Other public sources; and 6.2 The SILC shall prepare, in conjunction with the c. Private sources. DSE, a plan for the provision of such 6.2 If the resource plan includes Title resources, including such staff and personnel, VII, Part B funds, the SPIL as may be necessary and sufficient to carry provides justification of the out the functions of the SILC. percentage of Part B funds to be a. The SILC develops, implements, and used, particularly if the percentage maintains sound fiscal and personnel exceeds 30%. policies and procedures. 6.3 The resource plan describes the level of need for resources. 6.3 Resources may include but are not 6.4 The Council has and follows limited to: policies and procedures for the a. Staff/personnel; supervision and evaluation of b. Operating expenses; staff/personnel. c. Council compensation and 6.5 The Council maintains personnel expenses; and records that include performance d. Meeting expenses including meeting evaluations. space, alternate formats, interpreters, and 6.6 The Council oversees the other accommodations. assignment of duties to staff/ Final Recommendations 5-19-15 personnel to ensure there is no 6.4 The SILC shall, consistent with state law, conflict of interest. supervise and evaluate personnel necessary to carry out the functions of the SILC. a. The SILC shall hire, supervise, and evaluate its staff directly or through a designated SILC official, as consistent with state law. b. The SILC shall make decisions regarding staff, including whether the staff are employed by the State, by a non-profit entity controlled by the SILC, or through some other arrangement, except as prohibited by a state law of general application.

Distributed by the SILC Training & Technical Assistance Center at SILC Congress 2016 and used with permission of the National Council on Independent Living. The SILC T & TA Center is a project of Independent Living Research Utilization in partnership with the National Council on Independent Living, the Association of Programs for Rural Independent Living, and Utah State University Center for Persons with Disabilities. Support is provided by the U.S. Department of Health and Human Services, Administration for Community Living (90IT0001-01-00).

Final Recommendations 5-19-15 i The SILC Congress Standards & Indicators Committee submitted a parallel document to ACL with almost identical language to NCIL’s proposal. The only difference was under Sec. 705(c)(1), indicator 2.6, NCIL proposed “The SILC has the freedom to advocate for issues of its own choice related to SILC duties and authorities;” whereas the SILC Congress version does not include “and authorities.”