IL NETWORK NCIL/ILRU National Training & Technical Assistance Project INDEPENDENT LIVING AND THE REHAB ACT 1994 TRAINING MANUAL Contributors to the TRAINING MANUAL: Bob Michaels Laurel Richards June Kailes Cynthia Dresden Maggie Shreve Dawn Heinsohn Quentin Smith Dawn Kemp-Moye Anne-Marie Hughey Portions of this manual may be duplicated without permission, providing that the following credit is given to the project: "Developed as part of the IL Network: NCIL/ILRU National Training and Technical Assistance Project." INDEPENDENT LIVING AND THE REHAB ACT IL NETWORK: NCIL/ILRU National Training and Technical Assistance Project 1994 Regional Training Friday 9:00 AM Introductions Housekeeping Overview of Project Workshop Learning Objectives History and Philosophy: CILs before Title VII 10:40 Break 10:55 Overview of Rehab Act 12:00 PM Lunch 1:30 Overview of Rehab Act (cont.) Composition and Duties of SILC 3:00 Break 3:15 Review of State Plan 5:00 Reception Saturday 9:00 AM State Plan (cont.) Vision Planning Peer Accountability Networking 10:30 Break 10:45 State Plan Requirements Funding Resource Plan Center Network 12:00 PM Lunch 1:30 Definition of CILs Assurances Standards and Indicators 2:15 Break 2:30 Development of Indicators 5:00 End of day Sunday 9:00 AM Standards and Indicators: Applications of All That You Have Learned Standards: Key Issues 10:30 Break 10:45 Questions and Answers Written Evaluation Verbal Evaluation 12:00 PM End TABLE OF CONTENTS About the IL Network IL Network Goals IL Network Staff Training Activities Technical Assistance IL Network Staff IL Network Support About the Trainers June Kailes Bob Michaels Gina McDonald Paul Spooner Bonnie O'Day Maggie Shreve About NCIL About ILRU Learning Objectives Self-Assessment - Part 1 Independent Living and Traditional Paradigms Readings for the Independent Living and Disability Rights Movement Self-Assessment - Part 2 The Rehabilitation Act of 1973 as Amended Comparison of Old and New Title VII of Rehab Act Amendments to the Rehab Act 1986 to 1992: A Comparison Where to Get Information About the Rehabilitation Act Amendments of 1992 Key OSERS Staff Self-Assessment - Part 3 Composition of Statewide IL Councils What Every SILC Member Should Know: A Self-Administered Test Questions About SILC Governance Prototype Job Description for SILC Chair Prototype Job Description for SILC Vice-Chair Prototype Job Description for SILC Secretary Prototype Job Description for SILC Treasurer Prototype Job Description for SILC Member Directory of Statewide IL Councils SILC Membership Compliance Assessment SILC Profile Analysis State Plan for Independent Living Services and Centers for Independent Living Development of State Plans for Independent Living Review of State Plan Title VII, Part B - Authorized Uses of Funds Authorized Uses of Title VII, Part B State IL Plans--Use of Part B Funds Funding Under SILC Jurisdiction Funding for Title VII, Part B - Fiscal Year 1994 Funding for Title VII, Part C - Fiscal Year 1994 Review of State Plans Self-Assessment - Part 4 Sequence of Title VII, Part C Funding Requirements Indicators Checklist Guidelines for Scenario Discussion Scenarios on Complying with CIL Standards Learning Objectives for Scenarios Terminology Related to the Legislative and Regulatory Process The Rehabilitation Act of 1973 as Amended NCIL Position on Proposed Indicators NCIL Committee Roster DIMENET Manual Answers to Self-Assessments OPENER Pair up with a person from another state whom you don't know and answer these questions: 1. How many independent living centers are there in your state? 2. Name five members of your statewide independent living council (SILC). 3. How are appointments made to the SILC in your state? 4. How do you contact your SILC? 5. What does your state plan say about the use of Title VII, Part B Funds? ABOUT THE IL NETWORK The IL NETWORK is a collaboration of the National Council on Independent Living (NCIL), the Independent Living Research Utilization (ILRU) Program, and several other organizations and individuals involved in independent living nationwide. The mission of the IL NETWORK is to provide training and technical assistance on a variety of issues central to independent living today--understanding the Rehab Act, what the statewide independent living council is and how it can operate most effectively, management issues for centers for independent living, and others. Training activities are conducted conference-style, via long-distance communication, through widely disseminated print and audio materials, and through the promotion of a strong national network of centers and individuals in the independent living field. IL NETWORK goals include: conducting training on provisions of the recently amended Rehabilitation Act and on independent living center operations nationwide; establishing a technical assistance service through development of a network of individuals around the country who have expertise in various aspects of center operations and Title VII of the Rehab Act; identifying, adapting, and/or developing resource materials to support training and technical assistance activities related to the Rehab Act and center operations; using the DIMENET computer network to support training, technical assistance, and dissemination activities and promoting network development and information sharing among centers and other organizations involved in independent living; exploring the use of distance-learning technology in addressing the information, training, and technical assistance needs of the field; and fostering inclusion in the independent living field of people from various cultural and disability groups and geographic areas through activities carried out with NCIL's Multicultural Committee and the Association of Programs for Rural Independent Living (APRIL). IL NETWORK STAFF The IL NETWORK is managed by a directorate consisting of Anne-Marie Hughey of NCIL; June Isaacson Kailes, an independent living consultant; and Bob Michaels, Laurel Richards and Quentin Smith of ILRU. Principal responsibility for curriculum development and training is shared by Kailes and Michaels; logistical coordination by NCIL; materials development and technical assistance coordination by ILRU; and responsibility for information dissemination is shared between NCIL and ILRU. The IL NETWORK also works very closely with a number of individuals and organizations, particularly Roland Sykes of DIMENET, in fostering more effective computerized networking among centers, and Steve Brown, in evaluating project impact and identifying movement-wide factors which impede effective center operations. In addition, individuals with expertise on Title VII of the Rehab Act and on center operations will be involved throughout training and technical assistance activities. TRAINING ACTIVITIES During the first year, training programs were conducted in each of the ten federal regions and were attended by more than 600 representatives of independent living centers and SILCs. Year one training activities focused largely on the amended Rehab Act and its implications for independent living centers and statewide independent living councils. Issues related to center operations and to use of DIMENET as a networking and technical assistance tool were covered as well. Year two training and technical assistance activities will emphasize the soon-to-be-released compliance indicators for centers, critical issues related to statewide independent living councils and development of state IL plans, systems advocacy, computer networking, and a closer look at state-administered CILs in the seven "723" states. Most of these focal points have been identified through training participants' input and technical assistance requests. These issues and others will be covered through new and dynamic training methods--national teleconferences, customized training programs for SILCs, and three five-day training sessions designed to be as comprehensive and intensive as possible. Hands-on training for use of DIMENET and other computer networks will be an integral part of the training sessions. In addition, the IL NETWORK plans to convene a task force with representation by RSA central and regional offices, state voc rehab agencies, and independent living centers for the purpose of examining policies and procedures affecting center and agency interaction. TECHNICAL ASSISTANCE Requests for technical assistance, whether from center staff, board members, or others involved in independent activities, are handled through a single point of contact at ILRU. ILRU staff determines who among various partner organizations and individuals are the most qualified to respond to the request, then provides referral to one or more potential technical assistants who may be ILRU staff, NCIL staff or board members, or other members of the project's technical assistance network. During the first project year, IL NETWORK staff responded to over 10,000 telephone requests from the field. IL NETWORK STAFF NCIL Anne-Marie Hughey Dawn Kemp-Moye (703) 525-3406 (V), 525-3409 (TTY), 525-3407 (fax) ILRU Laurel Richards Bob Michaels (602) 961-0553 (V), 961-0533 (fax) Quentin Smith Cynthia Dresden Dawn Heinsohn Laurie Gerken Redd (713) 520-0232 (V), 520-5136 (TTY), 520-5785 (fax) June Isaacson Kailes (310) 821-7080 (V), 827-0269 (fax) Steve Brown (505) 522-5225 (V/fax/TTY) Roland Sykes (513) 237-8360 IL NETWORK SUPPORT This three-year project is supported in part by the Rehabilitation Services Administration of the U.S. Department of Education, with additional support provided by NCIL, ILRU, DIMENET and other project partners. ABOUT THE TRAINERS June Isaacson Kailes has been active as a disability rights advocate and program developer in the independent living movement since the late 1960's. June consults for and trains businesses, universities, state associations, government entities, centers for independent living, and other not-for-profit organizations. She consults in the areas of: implementing the Americans with Disabilities Act of 1990, advocacy training and skills building (leadership development), aging with disability, planning (short-term, strategic, and long-term), writing publications and grants, incorporating universal design theory into existing and new environments and products, targeting the disability market, managing, evaluating, program development, and fund-raising for centers for independent living and other social services agencies, planning barrier-free meetings, telecommunications, computer bulletin board systems, and training in disaster preparedness for people with disabilities. Prior to establishing a full-time consulting practice in 1989, June worked for the Westside Center for Independent Living (WCIL) in Los Angeles. During her eight (8) years as executive director, she established WCIL as one of the largest, most respected independent living centers in the United States. Through a variety of advocacy activities, support services, and training programs, WCIL assists people with disabilities to live self-sufficiently and productively in the community. June earned a masters' degree in social work from the University of Southern California and a B.A. in psychology from Hofstra University. One of the original national leaders in the independent living movement, June has held many offices in the National Council for Independent Living and the California Coalition of Independent Living Centers. June has written numerous articles, book chapters, monographs, and training materials. Her latest book is "A Guide to Planning Accessible Meetings." Bob Michaels is president and chief executive officer of Liberty Resources, Inc. in Philadelphia, Pennsylvania. Liberty Resources is a consumer-controlled independent living center which employs a staff of 43, has an annual operating budget of $4.5 million, and assists over 1,400 consumers each year. Prior to taking over Liberty Resources in September 1991, Bob was director of the Arizona Bridge to Independent Living in Phoenix, Arizona, for seven years. During that time, he created an advocacy program which provided support in the disability community which was needed to upgrade, among other things, the archaic regional transportation system. In addition, the center took legal action to improve voting accessibility and was a driving force in Arizona for the passage of critical civil rights legislation, not the least of which was the ADA. In 1987, Bob wrote a NIDRR-funded monograph on Title VII, Part A of the Rehabilitation Act of 1973 as Amended. Shortly thereafter, while director of the CIL in Phoenix, he was appointed to the original Arizona Independent Living Council. Bob currently serves as chair of the Rehab Act Subcommittee for the National Council on Independent Living (NCIL), is a member of the Legislative Committee of the Pennsylvania Council on Independent Living, and has recently been appointed to the Pennsylvania Statewide Independent Living Council. As a member of NCIL, he has represented the independent living center point of view in negotiations with Congress and other disability organizations on the reauthorization of the Rehabilitation Act. He has written numerous articles and briefs on this and related topics. Bob has a bachelor's degree from Penn State and a master's degree from Arizona State University. Gina McDonald is the executive director of the Kansas Association of Centers for Independent Living. KACIL is a statewide organization which advocates and lobbies on behalf of independent living centers in that state. Gina currently serves as secretary on the board of the National Council on Independent Living and chairs the National Health Care Reform Committee, which is responsible for bringing the NCIL health care position forward. She is also a member of The Association for Severely Handicapped (TASH), the Governor's Commission on Housing and Homeless, Families Together, Inc., Parent Training Project, and chairs the Kansas Statewide Independent Living Council. These extensive current responsibilities follow 18 years of professional experience in the development, management, and training of independent living programs, centers, and associations. For over 13 years, Gina has been providing consultation to nonprofit agencies and businesses nationwide. Prior to her current position, Gina was a program administrator for the consumer attendant care and head injury services for the state of Kansas and served as executive director of the WHOLE PERSON, Inc., an independent living center in Kansas City, Missouri. Gina has received a number of awards for her work in independent living and on the passage of the Americans with Disabilities Act. She received her bachelor of arts degree from Marymount College of Kansas, and her master's in rehabilitation administration from the University of San Francisco. Paul Spooner is executive director of the MetroWest Center for Independent Living in Framingham, Massachusetts. In existence since 1992, MetroWest provides a broad range of independent living services and programs. Prior to his employment at MetroWest, Paul was community development coordinator at Independence Associates in Brockton, Massachusetts, where he was employed for seven years. Paul's primary responsibilities included much of the community advocacy and outreach for the center, plus extensive research, grant writing, and proposal development. It was at Independence Associates that Paul first became involved in the development, training, and administration of DIMENET, the center's computer information network. Since then, DIMENET has become the primary nationwide computer network for persons with disabilities. Prior to his work in independent living centers, Paul was employed as a sexuality awareness consultant and workshop facilitator at Boston University's School of Medicine, and was an independent living skills specialist for the Massachusetts Hospital School. Paul currently serves as external vice president of the National Council on Independent Living (NCIL) and is a member of the NCIL Rehabilitation Act Subcommittee. He is also a past president of the National Association of Independent Living and is a member of the Massachusetts Association of Independent Living Centers and the New England Coalition of Independent Living Centers. Paul also serves on the Massachusetts Independent Living Council. Paul has a bachelor of arts degree from Southeastern Massachusetts University and master of arts degree from Assumption College. Bonnie O'Day is a Ph.D. student at the Heller School for Advanced Studies in Social Welfare Policy at Brandeis University. She attained a bachelor's degree in social welfare from Augsburg College in Minnesota in 1977 and a master's degree in public administration from the University of Virginia in 1990. She is working on her dissertation entitled, "The Opportunity-Responsibility Model: A New Paradigm for Disability Policy," as a distinguished fellow of the Mary E. Switzer Rehabilitation Research Fellowship Program of the National Institute on Disability and Rehabilitation Research. O'Day was recently appointed by President Clinton to the National Council on Disability, established to advise Congress and the president on disability policy. She has been an advocate for civil rights of blind and disabled people since 1973, and has served on the boards of national, state, and local advocacy organizations, including the National Council on Independent Living. After attending intensive training on the American with Disabilities Act sponsored by the U.S. Department of Justice, she frequently provides guidance and technical assistance on this topic. O'Day is a program associate with the ILRU Program in Houston and has contributed to its monograph series focusing on barriers to living independently in rural communities. She is currently directing a project for ILRU that examines how centers help consumers move from nursing homes to the community. She has served as executive director at independent living centers in Massachusetts, Virginia, and Minnesota. Maggie Shreve is a consultant, author, trainer, and group facilitator for independent living centers and related not-for-profit organizations. With an office based in her Chicago home, Shreve has developed a wide range of consulting and training specialties, including organization development for not-for-profit organizations; board training and development, including training about independent living philosophy; staff training in independent living philosophy and its application in a center; management audit or compliance review used to evaluate centers for independent living based upon national standards; consultation in management and program development; training on a variety of topics such as principles of adult learning, grant writing, short- and long-range planning; and training for understanding of the Americans with Disabilities Act. Formerly the director of development and administration for the National Council on Independent Living (NCIL), Shreve has been involved in the field of independent living for over 13 years. She first served as director of services for Stavros Center for Independent Living in Amherst, Massachusetts, from 1978 until 1980. Then she became executive director of The WHOLE PERSON, Inc., in Kansas City, in 1980. Shreve left Kansas City in 1986 to develop NCIL's first staffed office. She became a self-employed consultant in 1989. Shreve, who graduated with honors from the University of Cincinnati with a B.A. degree in American history in 1972, began her career with disability-related organizations by working as director of community services for United Cerebral Palsy of Cincinnati. ABOUT NCIL Founded in 1982, the National Council on Independent Living is a membership organization representing independent living centers and individuals with disabilities. NCIL has been instrumental in efforts to standardize requirements for consumer control in management and delivery of services provided through federally funded independent living centers. Until 1992, NCIL's efforts to foster consumer control and direction in independent living services through changes in federal legislation and regulations were coordinated through an extensive network and involvement of volunteers from independent living centers and other organizations around the country. Since 1992, NCIL has had a national office in Arlington, Virginia, just minutes by subway or car from the major centers of government in Washington, D.C. While NCIL continues to rely on the commitment and dedication of volunteers from around the country, the establishment of a national office with staff and other resources has strengthened its capacity to serve as the voice for independent living in matters of critical importance in eliminating discrimination and unequal treatment based on disability. Today, NCIL is a strong voice for independent living in our nation's capitol. With your participation, NCIL can deliver the message of independent living to even more people who are charged with the important responsibility of making laws and creating programs designed to assure equal rights for all. ABOUT ILRU The Independent Living Research Utilization (ILRU) Program was established in 1977 to serve as a national center for information, training, research, and technical assistance for independent living. In the mid-1980's, it began conducting management training programs for executive directors and middle managers of independent living centers in the U.S. Since 1985, it has operated the ILRU Research and Training Center on Independent Living at TIRR, conducting a comprehensive and coordinated set of research, training, and technical assistance projects focusing on leading issues facing the independent living field. ILRU has developed an extensive set of resource materials on various aspects of independent living, including a comprehensive directory of programs providing independent living services in the U.S. and Canada. ILRU is a program of TIRR, a nationally recognized, free-standing rehabilitation facility for persons with physical disabilities. TIRR is part of TIRR Systems, a not-for-profit corporation dedicated to providing a continuum of services to individuals with disabilities. Since 1959, TIRR has provided patient care, education, and research to promote the integration of people with physical and cognitive disabilities into all aspects of community living. LEARNING OBJECTIVES Upon completing this two-day training session, each participant in the session should be able to: 1. Describe briefly the independent living history and underlying philosophy. 2. Outline the various components of the Rehabilitation Act. 3. Explain the nature and function of statewide independent living councils. 4. Formulate a preliminary plan for being substantively involved in the state planning process. 5. Identify funding amounts for Title VII of the Rehabilitation Act. 6. Explain what is necessary for compliance with the standards and indicators for independent living centers. 7. Energize people to become involved in independent living program planning, development, and implementation. 8. Indicate where to get information about use of the DIMENET computer network. SELF-ASSESSMENT - PART 1 IL History/Philosophy 1. The Rehabilitation Act was first enacted in response to the needs of veterans returning from World War II. Earlier rehabilitation legislation included: (check all that apply) a) the War Risk Insurance Act b) the Smith-Fess Act c) the Smith and Wesson Act d) none of the above 2. An example of a disability "hero" is: a) a person who is blind graduating in top of his/her class b) a wheelchair user who wheeled across the country c) a person with a double amputation who climbed Half Dome in Yosemite d) a person who fights for equal rights and, in the process, makes a dent in history! e) all of the above 3. The independent living movement got much of its energy from: a) college students b) Rehabilitation Services Administration employees c) President Nixon's administration d) the Easter Seals Society 4. Social movements that contributed to the independent living movement include: a) consumerism b) civil rights c) self-help d) de-institutionalization e) women's rights f) all of the above INDEPENDENT LIVING AND TRADITIONAL PARADIGMS This chart compares traditional approaches to medical and vocational rehabilitation services with the consumer-driven approach employed by independent living. MEDICAL MODEL & REHABILITATION PARADIGM INDEPENDENT LIVING PARADIGM Definition of problem physical or mental impairment; lack of vocational skill (in the VR system) dependence upon professionals, family members and others; hostile attitudes and environments Focus of problem in the individual (individual needs to be "fixed") in the environment; in the medical and/or rehabilitation process itself Solution to the problem professional intervention; treatment 1. barrier removal 2. advocacy 3. self-help 4. peer role models and counseling 5. consumer control over options and services Social role individual with a disability is a "patient" or "client" individual with a disability is a "consumer" or "user" of services and products Who controls professional "consumer" or "citizen" Desired outcomes maximum self-care (or "ADL"); gainful employment in the VR system independence through control over ACCEPTABLE options for every day living in an integrated community Developed by Gerben DeJong in 1978; adapted/expanded by Maggie Shreve. READINGS FOR THE INDEPENDENT LIVING AND DISABILITY RIGHTS MOVEMENTS DeJong, Gerben. "Independent Living: From Social Movement to Analytic Paradigm." Archives of Physical Medicine and Rehabilitation 60 (October 1979): 435-446. DeJong, Gerben. "Physical Disability and Public Policy." Scientific American 248, no. 6 (June 1983): 40-49. DeJong, Gerben. Environmental Accessibility and Independent Living Outcomes: Directions for Disability Policy and Research. East Lansing: University Center for International Rehabilitation, 1981. DeJong, Gerben and Janice Hughes. Report of the Sturbridge Conference on Independent Living Services. Boston: Tufts Medical Rehabilitation Research and Training Center, 1981. Fasser, Carl E., Quentin Smith, Lex Frieden, Laura W. Smith, J. David Holcomb. "Addressing the Health Care Needs of People with Disabilities." Journal of the American Academy of Physician Assistants 7, no. 1 (January 1994): 26-32. Kailes, June. "Language is More Than a Trivial Concern!" (1984) reprinted in Disability Pride and A Guide to Planning Accessible Meetings (available through ILRU publications). Kailes, June Isaacson. Disability Pride: The Interrelationship of Self-Worth, Self-Empowerment, & Disability Culture. Houston: ILRU Program, 1993. Kailes, June Isaacson, and Darrell Jones. A Guide to Planning Accessible Meetings. Houston: ILRU Program, 1993. Kailes, June Isaacson. Putting Advocacy Rhetoric Into Practice: The Role of the Independent Living Center. Issues in Independent Living No. 8. Houston: ILRU Program, 1988. Lachat, Mary Ann. An Evaluation and Management Information System for Independent Living. Staying on Track: ILRU Management Support Series. Houston: ILRU Program, 1988. Lachat, Mary Ann. The Independent Living Service Model: Historical Roots, Core Elements, and Current Practice. Hampton: Center for Resource Management, 1988. National Council on the Handicapped (now the National Council on Disability). Toward Independence: An Assessment of Federal Laws and Programs Affecting Persons with Disabilities - With Legislative Recommendations. February 1986. Available from NCD, 1331 F Street, NW, Suite 1050, Washington, DC 20004 (202) 272-2004 (V), 272-2074 (TTY). National Council on the Handicapped (now the National Council on Disability). On the Threshold of Independence: A Report to the President and the Congress of the United States. January 1988. Available from NCD (see above). Nosek, Peg, Yayoi Narita, Yoshiko Dart, and Justin Dart. A Philosophical Foundation for the Independent Living & Disability Rights Movement. Occasional Paper No. 1. Houston: ILRU Program, 1982. Pflueger, Susan Stoddard. Independent Living. Emerging Issues in Rehabilitation. Washington, D.C.: Institute for Research Utilization, 1977. Richards, Laurel and Quentin Smith. An Orientation to Independent Living Centers. Houston: ILRU Program, 1987. Shapiro, Joseph P. No Pity. New York: Random House, Inc. 1993. Shreve Maggie, Patricia Spiller, Eric Griffin, Nancy Waldron, and Lynda Stolzman. Martha Williams, ed. Consumer Control in Independent Living. Available from: Center for Resource Management, 2 Highland Road, South Hampton, NH 03847; (603) 394-7040 (V/TTY), 394-7483 (fax). Smith, Quentin, Lex Frieden, and Laurel Richards. "Independent Living." Encyclopedia of Disability and Rehabilitation. New York: Macmillan, Inc., (in press, 1994). Smith, Quentin, Laura W. Smith, Kym King, Lex Frieden, and Laurel Richards. Health Care Reform, Independent Living, and People With Disabilities. Issues in Independent Living No. 11. Houston: ILRU Program, 1993. United States Department of Education. Comprehensive Evaluation of the Title VII, Part B of the Rehabilitation Act of 1973, as Amended, Centers for Independent Living Program. January 1986. Available through clearinghouses (see below). Willig, Chava Levy. A People's History of Independent Living. 1988. Available from the Research and Training Center on Independent Living, 4089 Dole Building, University of Kansas 66045; (913) 864-4095 (V/TTY). In a special edition on independent living in American Rehabilitation 20, no. 1 (Spring 1994): Giordiano, Gerard and Bruno J. D'Alonzo. "The Link Between Transition and Independent Living," 2-7. Shreve, Maggie. "The Greater Vision: An Advocate's Reflections on the Rehabilitation Act Amendments of 1992," 8-13. Smith, Laura W., Quentin W. Smith, Laurel Richards, Lex Frieden, and Kym King. "Independent Living Centers: Moving Into the 21st Century," 14-22. Chappell, John A., Jr. "The Whole is Greater Than the Sum of its Parts," 23-29. Moore, J. Elton and Barry C. Stephens. "Independent Living Services for Older Individuals Who are Blind: Issues and Practices," 30-34. Montagano, Tim. "Bringing the Rehabilitation Family Together: An IL-VR Partnership," 35-36. Lougheed, Val, Bev Hunter, and Susan Wilson. "Partners for Independence: A Team Approach to Community-Based Rehabilitation," 37-38. Baker, David. "Independent Living in Communities: The Role of the Independence Fund in Vermont," 39-41. Lachat, Mary Ann. "Using the Power of Management Information System Technology to Support the Goals of Centers for Independent Living," 42-48. In a special issue on independent living in OSERS 6, no. 2 (Winter-Spring 1994): French, Duane. "Independent Living: Driven By Principles of Democracy," 37-38. Kafka, Bob. "Perspectives on Personal Assistance Services," 11-13. Kennedy, Jae, Hale Zukas, and Simi Litvak. "Independent Living and Personal Assistance Services: The Research, Training, and Technical Assistance Programs at the World Institute on Disability," 43-45. Mathews, Mark R. "Learning from the Experts: Best Practices in Rural Independent Living," 23-29. Michaels, Robert E. "Title VII: A Major Step Forward," 8-10. Nelson, John. "Changes in the Rehabilitation Act of 1973 and Federal Regulations," 4-8. Smith, Quentin, Lex Frieden, Laurel Richards, and Laurie Gerken Redd. "Improving Management Effectiveness in Independent Living Centers through Research and Training," 30-36. Tate, Denise and Julie Daugherty. "The Effects of Insurance Benefits Coverage: Does It Affect Persons with Spinal Cord Injury?" 19-22. Westbrook, John D. "Consumer-Driven Supported Employment: Consolidating Services for People with Significant Disabilities," 14-18. Ziegler, Martha. "How Parent Networks Are Working with Independent Living Centers," 39-42. In a special issue on rural independent living in the Rural Special Education Quarterly 11, no.1 (1992): Clay, Julie Anna. "Native American Independent Living," 41-50. Curl, Rita M., Shanna M. Hall, Linda A. Chisholm, and Sarah Rule. "Co-workers as Trainers for Entry-level Workers: A Competitive Employment Model for Individuals with Disabilities," 31-35. Nosek, Margaret. "The Personal Assistance Dilemma for People with Disabilities Living in Rural Areas," 36-40. Potter, Carol G., Quentin W. Smith, Huong Quan, and Margaret A. Nosek. "Delivering Independent Living Services in Rural Communities: Options and Alternatives," 16-23. Richards, Laurel and Quentin Smith. "Independent Living Centers In Rural Communities," 5-10. Seekins, Tom, Craig Revesloot, and Bob Maffit. "Extending the Independent Living Center Model to Rural Areas: Expanding Services through State and Local Efforts," 11-15. Smith, Quentin W., Carl E. Fasser, Stacy Wallace, Laurel K. Richards, and Carol G. Potter. "Children with Disabilities in Rural Areas: The Critical Role of the Special Education Teacher in Promoting Independence," 24-30. We Won't Go Away, videocassette. Sells for $20 each, including postage, from the World Institute on Disability, 510 16th Street, Suite 100, Oakland, CA 94612 (510) 763-4100 (V), 208-9493 (TTY). The Disability Rag. A bi-monthly publication reflecting ideas and discussions in the disability rights movement. Available at $12 for a one-year subscription. Write to: Subscriptions, The Disability Rag, 1962 Roanoke Ave, Louisville, KY 40205 (502) 459-5343 (V/TTY/fax). Most of the readings cited above can be obtained from resource clearinghouses. Several are listed below and can be reached for further information about publications and modem-accessible databases by mail or telephone. National Clearinghouse of Rehabilitation Training Materials, Oklahoma State University, 816 West Sixth Ave., Stillwater, OK 74078 (800) 223-5219. National Rehabilitation Information Center (NARIC), 8455 Colesville Road, Suite 935, Silver Spring, MD 20910 (800) 346-2742 (V), 227-0216 (TTY). ERIC Clearinghouse on Disabilities and Gifted Education (formerly the ERIC Clearinghouse on Handicapped and Gifted Children), 1920 Association Dr., Reston, VA 22091, (800) 328-0272 (V/TTY) at the Council for Exceptional Children, (703) 620-3660, ext. 307 (V). ILRU also offers a number of publications and other materials on various independent living subjects. For a listing of resource materials contact ILRU at 2323 S. Shepherd, Suite 1000, Houston, TX 77019, (713) 520-0232 (V), 520-5136 (TTY). For resource materials and technical assistance on the Americans with Disabilities Act, there are ten regional Disability and Business Technical Assistance Centers (DBTACs). One toll-free number, 1-800-949-4232, will direct your call to a technical assistant in your region. Resource materials are published by the U.S. Department of Justice and many are available free of charge. The Southwest DBTAC in Houston, Texas offers technical assistance and some resource materials in Spanish as well as English. SELF ASSESSMENT - PART 2 Rehabilitation Act of 1973, as Amended 1. "Order of selection" is: a) the process VR consumers use to select their rehabilitation counselor. b) the process used by VR workers and their clients to choose various services and programs. c) the justification used by the state for choosing which clients to serve when there are insufficient funds to provide services to everyone who applies for VR. d) the training technique used by sheltered workshops to prepare consumers for employment in the food service industry. 2. When individuals apply for vocational rehabilitation services, the counselor conducting the eligibility determination: a) presumes that applicants for VR services can benefit in terms of an employment outcome. b) presumes that individuals are not eligible for services until tests and evaluations prove otherwise. c) uses the identical process employed by independent living centers for determining eligibility. d) uses a two-minute process in which the applicant simply identifies himself or herself as a person with a disability in need of vocational rehabilitation services. 3. Because of the recent changes in the Rehab Act, the eligibility process: a) will still take an average of four to six months because of the need to develop a comprehensive application file. b) must be completed within 60 days, unless the applicant and VR counselor agree to an extension. c) may not take more than three years unless documents are being requested from the Social Security office. d) has no time limit within which it must be completed. 4. The individual written rehabilitation program (IWRP): a) is the VR counselors' work plan used to generate funds for client services. b) is a vocational rehabilitation plan of action jointly developed and agreed upon by the client and the vocational rehabilitation counselor. c) may be omitted from the planning process if the client signs a waiver. d) is a voucher used by VR clients to secure services which most meet their needs and interests. 5. The Client Assistance Program (CAP): a) must be a private, nonprofit corporation, free of any government ties. b) cannot be run by agencies which receive funds from the Rehabilitation Act. c) must be administered by an attorney who is a member of the American Bar Association. d) all of the above. e) none of the above. THE REHABILITATION ACT OF 1973 AS AMENDED TITLE I - VOCATIONAL REHABILITATION SERVICES Part A - General Provisions Part B - Basic Vocational Rehabilitation Services Part C - Innovation and Expansion Grants Part D - American Indian Vocational Rehabilitation Services TITLE II - RESEARCH AND TRAINING TITLE III - TRAINING AND DEMONSTRATION PROJECTS Part A - Training Programs and Community Rehabilitation Programs Part B - Special Projects TITLE IV - NATIONAL COUNCIL ON DISABILITY TITLE V - RIGHTS AND ADVOCACY TITLE VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES Part A - Community Service Employment Pilot Program for Individuals with Disabilities Part B - Projects with Industry Part C - Supported Employment Services for Individuals with Severe Disabilities Part D - Business Opportunities for Individuals with Disabilities TITLE VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING Chapter 1 - Individuals with Severe Disabilities Part A - General Provisions Part B - Services for Independent Living Part C - Centers for Independent Living Chapter 2 - Independent Living Services for Older Individuals Who are Blind TITLE VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS COMPARISON OF OLD AND NEW TITLE VII OF REHAB ACT OLD NEW Part A - Independent living rehabilitation services for individuals Part B - 3 year grants to establish and operate CILs Part C - Services for older, blind adults Part D - Protection and advocacy for individual rights (PAIR) Chapter 1 Part A - Purpose, philosophy, definitions, structure Part B - Formula funding to states based upon state plan; SILCs established Part C - Ongoing funding to CILs meeting standards Chapter 2 Services for older adults who are blind AMENDMENTS TO THE REHABILITATION ACT 1986 & 1992: A Comparison TITLE I CONSUMER CONTROL 1986 1992 None Rehabilitation Advisory Council ELIGIBILITY 1986 1992 Counselor has full authority to determine eligibility Presumption of eligibility Typical 4-6 month eligibility determination period 60-day eligibility determination period SOCIAL SECURITY REIMBURSEMENT FUNDS 1986 1992 Funds used for "program" Funds may be used in Title I, VI-C, or VII APPEALS 1986 1992 State agency director may overrule independent hearing officer State agency director may overrule only with "clear and convincing evidence" CAPs in state agencies CAPs in state agencies TITLE II NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH (NIDRR) 1986 1992 No consumer input Research advisory council TITLE IV NATIONAL COUNCIL ON DISABILITY (NCD) 1986 1992 5 of 15 members with disabilities 8 of 15 members with disabilities (or parents/guardians) TITLE VI BUSINESS ADVISORY COUNCIL 1986 1992 No consumer representation At least one person with a disability TITLE VII STATEWIDE IL COUNCIL 1986 1992 Appointed by state agency director Appointed by governor Majority of members with disabilities (or parents/guardians) Majority of members with disabilities STATE IL PLAN 1986 1992 IL plan is "considered" SILC has shared authority for the IL plan with state agency director STANDARDS 1986 1992 To be approved by NCD Center adherence required Vague reference to "advocacy" "Individual and systems advocacy" is core service Indicators by 1988 Indicators by October 1, 1993 INDEPENDENT LIVING CENTERS AND SERVICES 1986 1992 State agency has first right to funds States contributing more than feds have first right Contract agreements with CILs Grants to CILs "Consumer control" not defined "Consumer control" defined and required WHERE TO GET INFORMATION ABOUT THE REHABILITATION ACT AMENDMENTS OF 1992 To obtain a copy of the Rehabilitation Act Amendments of 1992 (Public Law 102-569, October 29, 1992), contact your congressional representative or senator. All congressional officials can be reached through these addresses: The Honorable ________ The Honorable ________ U.S. House of Representatives U.S. Senate Washington, D.C. 20515 Washington, D.C. 20510 A copy may also be obtained from House Documents. Call (202) 224-3121 or (202) 225-3456 and request a copy of PL #102-569 and PL #103-73. A copy of the Rehab Act which includes both the 1992 Amendments and the 1993 Technical Amendments is available on the DIMENET computer network, in the "Files" section under "Rehab Act" as "rehab 93.wp," "rehab93w.zip" for a zipped version in WordPerfect, or "rehab93a.zip" for a zipped version in ASCII. For background information on the Amendments of 1992, you may wish to obtain copies of the following documents: Legislative History--H.R. 5482 (S. 3065) House Reports: No. 102-822 (Committee on Education and Labor) and No. 102-973 (Committee of Conference). Senate Report: No. 102-357 accompanying S. 3065 (Committee on Labor and Human Resources). Congressional Record, Vol. 138 (1992): Aug. 10, considered and passed House. Aug. 11, S. 3065 considered and passed Senate. Aug. 12, H.R. 5482 considered and passed Senate, amended. Oct. 2, House agreed to conference report. Oct. 5, Senate agreed to conference report. Weekly Compilation of Presidential Documents, Vol. 28 (1992): Oct. 29, Presidential statement. These documents are available on request from: House Document Room Room B18 Annex 2 Washington, D.C. 20515 (202) 225-3456 Ask for House Report No. 102-822 and No. 102-973. Senate Document Room Hart Senate Office Building Washington, D.C. 20510 (202) 224-7860 Ask for Senate Report No. 102-357. KEY OSERS STAFF OFFICE OF SPECIAL EDUCATION AND REHABILITATION SERVICES Judith E. Heumann Howard Moses Assistant Secretary, OSERS Deputy Assistant Secretary, OSERS 330 C Street, SW, Room 3006 330 C Street, SW, Room 3006 Washington, DC 20202-2500 Washington, DC 20202-2531 202-205-5465 (V/TTY) 202-205-5465 (V/TTY) REHABILITATION SERVICES ADMINISTRATION Fred Schroeder Commissioner Rehabilitation Services Administration 330 C Street, SW, Room 3006 Washington, DC 20202-2531 202-205-5465 (V/TTY) Ann Queen Associate Commissioner Office of Developmental Programs Rehabilitation Services Administration 330 C Street, SW, Room 3038 Washington, DC 20202-2575 202-205-8292 Thomas Finch Director Division of Special Projects Rehabilitation Services Administration 330 C Street, SW, Room 3315 Washington, DC 20202-2650 202-205-9796 John Nelson Chief Independent Living Branch Rehabilitation Services Administration 330 C Street, SW, Room 3326 Washington, DC 20202-2741 202-205-9362 (V/TTY) Donald Thayer Independent Living Specialist Independent Living Branch Rehabilitation Services Administration 330 C Street, SW, Room 3320 Washington, DC 20202-2741 202-205-9315 (V/TTY) NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH Katherine Seelman Director NIDRR US D.O.E. 600 Independence, SW Washington, DC 20202 202-205-8134 SELF ASSESSMENT - PART 3 Statewide Independent Living Councils/State Independent Living Plans 1. Statewide independent living councils (SILCs): a) are governor-appointed bodies with real decision-making authority. b) are advisory bodies which provide direction to the state VR agency. c) are, essentially, branches of the VR agencies. d) none of the above. 2. The state independent living plan: a) is merely an exercise in group process with little real impact on the service structure. b) is the strategic plan which must be followed by the administrator of the Title VII, Chapter I funds. c) is a document which should be prepared by the statewide IL council for the approval of the state VR director. d) provides an outline for how all center funds are to be spent. 3. Title VII, Part B funds may be used to: a) educate about independent living philosophy. b) operate independent living centers. c) purchase independent living services. d) reach out to unserved and underserved populations. e) support the operation of the statewide IL council. f) all of the above. 4. A majority of the statewide IL council members must be: a) persons with disabilities, except for employees of the state and CILs. b) persons with disabilities and parents and guardians of persons with disabilities. c) persons with disabilities, except for state agency representatives. d) consistent with the statewide IL council by-laws. 5. Members of the statewide IL council who cannot vote are: a) CIL directors. b) all CIL employees. c) representatives of the designated state agency and other state agencies. d) all state employees. e) all of the above. 6. The state IL plan must address the use of: a) all Title VII funds. b) all Title VII, Part B funds. c) all center funds. d) Social Security Reimbursement funds. e) Title I, Part C funds. f) all of the above. COMPOSITION OF STATEWIDE INDEPENDENT LIVING COUNCILS INTRODUCTION The 1992 Amendments to the Rehabilitation Act greatly expanded the role and responsibilities of the statewide independent living councils, in effect making them full partners with vocational rehabilitation in the independent living process. Primary among the new responsibilities of the councils is collaborating with the state vocational rehabilitation agency to develop the state independent living plan--including determining use of independent living funds provided through Part B of the Rehab Act and monitoring, reviewing, and evaluating implementation of this state plan. These new responsibilities (detailed in Section 705) provide councils with very significant authority in statewide independent living program administration--an authority that was lacking prior to passage of the '92 Amendments. Therefore, it is very important that people who are appointed to the councils be not just knowledgeable about but also have a real commitment to disability rights and the independent living philosophy--and their translation into the kinds of service programs and advocacy activities that are genuinely appropriate for independent living centers. COUNCIL MEMBERSHIP Appointment. Members of the independent living council in each state (or territory) are appointed by the governor. (Exception: In certain states, a specific entity is authorized to make appointments instead of the governor.) The Act requires the governor (or appointing entity) to solicit recommendations from organizations representing a broad range of people with disabilities prior to selecting individuals to serve as members of the council. Composition of the Council. The council membership must include: --An executive director of an independent living center who has been selected by other center directors in the state to fill this role. --A representative from the state vocational rehabilitation agency, who serves in a nonvoting ex officio role; representatives from other state agencies providing services to people with disabilities may also be appointed as nonvoting ex officio members of the council. Other potential council members include staff and board members of independent living centers (in addition to the center director selected by his or her peers), parents and guardians of people with disabilities, advocates of and for people with disabilities, representatives from private businesses, representatives from organizations providing services to people with disabilities, and the catch-all, "other appropriate individuals." Consumer Control. It is important to note that the '92 Amendments require that the majority of the members of the council be comprised of people with disabilities who are not employed by a state agency or independent living center. Membership Qualifications. Individuals selected to serve as members of the council must be knowledgeable about independent living centers and services and must represent different parts of the state as well as different disability constituencies. PROBLEMS AND SOLUTIONS Because of the expanded role that councils will play in planning and overseeing independent living service delivery in each state, there will likely be a number of organizations that will try to influence appointments to the councils. Also, persons may be recommended for appointment to the council who have insufficient understanding of independent living and the role that centers play in delivering independent living services and conducting advocacy activities. It is of critical importance that people involved in independent living centers and associations of centers--those who know best about the independent living philosophy and what it means in terms of service delivery and advocacy--establish a procedure whereby their recommendations can be conveyed effectively to their governors. In addition, many governors may be unaware of the changes in the Act and their responsibilities with regard to appointing people to serve on statewide independent living councils. It is in your best interest as a supporter of independent living centers to alert your state governor and appropriate legislative aides concerning changes in the Act, in your interest to assure appropriate representation on the council, and, especially of value, to assist the governor in identifying potential council members who meet the criteria spelled out in the Act. We recommend that you do the following: network with other centers and associations of centers in your state concerning appointments to state councils and other activities that centers should be considering to implement the Act; contact people with different disabilities to determine their interest in serving on the council; send to the governor a list of individuals, along with contact information, that might be considered by him or her in meeting the requirements for representation spelled out in the Act; offer your assistance in identifying other individuals who might be considered for council membership, should the governor need additional recommendations; offer the governor your expert assistance with issues of accessibility and accommodation in organizing and convening council meetings that promote optimal involvement of people with disabilities; and offer assistance in securing additional information about the new Act if the governor has questions or concerns about what he or she is supposed to do (NCIL can assist you with this). Because of the critical role that the statewide independent living councils will play in planning effective delivery of independent living services and assuring full empowerment of people with disabilities, it is of utmost importance that centers take a proactive and assertive role to assure that councils be made up of people who understand the independent living philosophy. Developed for NCIL Rehab Act Subcommittee by Laurel Richards WHAT EVERY SILC MEMBER SHOULD KNOW A Self-Administered Test The list below includes basic information that each member of a statewide independent living council (SILC) should know and understand in order to be an effective voting member of a statewide planning body. Assess your knowledge of the following issues by placing a check mark beside the items you know and a minus sign beside items you do not know. Be tough-minded. _____ 1. The history of independent living related to and including the Rehabilitation Act Amendments of 1992, particularly Title VII. _____ 2. The history of how centers for independent living developed in the United States. _____ 3. The independent living philosophy--its tenets, principles, values, and how it is practiced. _____ 4. The name, location, size, and executive director of each independent living center in the state. _____ 5. The designated state unit (state vocational rehabilitation agency or blind agency) through which Title VII funding flows, its director, its staff related to Title VII programs, and how to reach these individuals. _____ 6. Agencies in the state providing services to persons with disabilities, their missions, general information about what they provide, and their relationships to each other and within state government. _____ 7. The divisions of the U.S. Department of Education related to people with disabilities and the names of the programs administered by Office of Special Education and Rehabilitative Services (OSERS). _____ 8. The amount of funds allocated to the state under Title VII, Part B and how such funds are being spent. _____ 9. The objectives of the state's plan for independent living. _____ 10. How the state spends its Social Security Reimbursement Funds, particularly if such funding supports centers for independent living or independent living services within the state. _____ 11. Amount of state funds for independent living centers and how they are distributed. _____ 12. Any state laws written for creation, definition, or maintenance of centers for independent living centers. _____ 13. The nature and direction of the state's plan for vocational rehabilitation and how it relates to the state independent living plan. _____ 14. The definition, assurances, standards, and indicators for centers for independent living. _____ 15. The purpose of the state rehabilitation advisory council and its relationship to the statewide independent living council. _____ 16. The roles, responsibilities, and authority of members of the SILC. _____ 17. The communication system established for effective functioning of the SILC. _____ 18. The articles of incorporation (if appropriate), bylaws, or other tools of governance or policy guidance used by the SILC. _____ 19. The individual members of the SILC, what they represent on the SILC, their offices or responsibilities, if any, and contact information on each. _____ 20. The contents of the SILC's resource plan. _____ 21. The budget guiding SILC expenditures, the source(s) of SILC funding, and how such fiscal matters are managed. _____ 22. The staff of the SILC and how they relate to the SILC as a whole as well as to individual members of the SILC. _____ 23. How staff of the SILC are hired, trained, supervised, and evaluated. _____ 24. The nature and funding for any SILC-approved project funded under Title VII, Part B or any other state funding incorporated into the state's independent living plan. _____ 25. The basic concepts, definitions, and provisions of the Americans with Disabilities Act of 1990. If you are a SILC member and believe that you do not have sufficient knowledge about these issues, you or your SILC, and perhaps your fellow council members, may need training to learn and to apply this knowledge in your roles as SILC members. QUESTIONS ABOUT SILC GOVERNANCE The following questions were designed to guide statewide independent living council (SILC) members through the decisions they must make about self-governance. Normally, organizations (whether incorporated or not) develop bylaws which spell out how they will govern themselves. Bylaws must be clear enough to handle any potential problems which can occur, but they do not need to be so specific that they detail how each and every decision of the group will be handled. Policies and procedures, or operating guidelines, are usually developed to define and to explain how organizations function day-to-day, week-to-week, and month-to-month. The questions below are to be used solely in deciding governance issues, not policy or operating guideline issues. 1. What is the official name of the council? What is its abbreviated name or acronym if one is to be used? 2. What is the scope of the council's efforts? What geographical area does it cover? 3. What is the primary purpose of the council? What are its other purposes? 4. How are the council's members selected? 5. How few and how many members may compose the governing body? 6. What types of representation(s) or qualification(s) are required among the members? Who may vote as a member and who is defined as ex officio? 7. How many members of the total governing body are designated representatives of centers for independent living? 8. How long may an individual member serve? 9. How may a member be removed? 10. What types of officers are necessary? 11. What are the primary responsibilities of the officers? 12. What types of authority do the officers have? 13. What are the terms of office for an officer? 14. How may an officer be removed? 15. How often are meetings conducted (how few or how many are held within the fiscal year of the council)? 16. Where are meetings held? 17. How are meetings conducted? 18. What are the penalties for a member who misses meetings? 19. How can special meetings be called and by whom? 20. How can committee or work teams be established? 21. What are the roles and responsibilities of committees or work teams? 22. How can the council establish an office and hire staff? 23. What is the fiscal year of the council? 24. How are the council's finances managed and audited? 25. What kinds of responsibilities or work may be assigned to members or staff of the council? 26. How are members, officers, or employees of the council indemnified? 27. How does the council handle a material conflict of interest? 28. How does the council handle an ethical or self-dealing issue? 29. What types of communication methods may be used for purposes of conducting the council's business or taking a vote of its members? 30. How are bylaws amended, revised, deleted, or added? If the council is a private, nonprofit corporation . . . 1. What articles of incorporation or charter must be developed? 2. What state laws cover private, nonprofit corporations? 3. What types of legal language should be included in bylaws? 4. To whom must articles, charter, or bylaws be submitted and in what form? 5. How much does it cost to become incorporated? If the council seeks tax exemption under any section of 501(c) of the Internal Revenue Code . . . 1. Is the purpose of the council consistent with the relevant section of 501(c) for which approval is sought? For example, if 501(c)(3) is sought, is the purpose educational, scientific, or charitable? 2. How will assets of the council be managed? 3. How will assets be disbursed in the event the council is dissolved? 4. Will the council be engaged in any partisan political activity or in activities which support or oppose a candidate for public office? 5. Is there any other legal language required of a 501(c) organization which should be included in bylaws? 6. To whom must the application for tax exemption be submitted? 7. How much does it cost to apply for tax exemption? PROTOTYPE JOB DESCRIPTION FOR SILC CHAIR ESSENTIAL DUTIES: 1. Chair all meetings of the statewide independent living council (SILC) or SILC executive committee. 2. Represent the SILC at the direction of the SILC body in supervising SILC staff; attend meetings and activities with individuals, other entities and groups; and speak publicly on the SILC's behalf. 3. Lead planning efforts of the SILC. 4. Sign the state's plan for independent living on behalf of the entire SILC. 5. Oversee and coordinate the work of any and all SILC-designated committees or work teams. 6. Facilitate development of new independent living leaders within the state. AUTHORITY: The chair of the statewide independent living council (SILC) has the authority to act or to execute any activity on behalf of the entire SILC body if such authority is granted to him or her by state laws, the SILC's bylaws, or by specific resolution of the SILC. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Ability to lead. 2. Experience in a CIL or independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 8 hours--SILC telephone calls 8 hours--miscellaneous SILC business 4 hours--reading and preparation for SILC meetings TOTAL 36 hours PROTOTYPE JOB DESCRIPTION FOR SILC VICE-CHAIR ESSENTIAL DUTIES: 1. Chair all meetings of the statewide independent living council (SILC) or SILC executive committee in the absence of the chairperson. 2. Represent the SILC at the direction of the SILC in the absence of the chairperson. 3. Assist chairperson in leading planning efforts of the SILC. 4. Oversee and coordinate the work of any and all SILC-designated committees or work teams delegated by the SILC chairperson. 5. Facilitate development of new independent living leaders within the state. AUTHORITY: The vice-chair of the statewide independent living council (SILC) has the authority to act or to execute any activity on behalf of the entire SILC body if such authority is granted to him or her by state laws, the SILC's bylaws, or by specific resolution of the SILC. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Ability to lead. 2. Experience in a CIL or independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 4 hours--SILC telephone calls 4 hours--miscellaneous SILC business 4 hours--reading and preparation for SILC meetings TOTAL 28 hours PROTOTYPE JOB DESCRIPTION FOR SILC SECRETARY ESSENTIAL DUTIES: 1. Record minutes of public meetings of the statewide independent living council (SILC) and SILC executive committee. 2. Represent the SILC at the direction of the SILC body as designated by the chair. 3. Assist the chair with planning efforts of the SILC. 4. Facilitate development of new independent living leaders within the state. AUTHORITY: The secretary has authority to notarize, sign, or attest to any document prepared for and approved by the entire SILC body. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Ability to take meeting minutes. 2. Experience with independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 4 hours--SILC telephone calls 4 hours--reading and preparation for SILC meetings 8 hours--preparation, editing, and distribution of meeting minutes TOTAL 32 hours PROTOTYPE JOB DESCRIPTION FOR SILC TREASURER ESSENTIAL DUTIES: 1. Oversee fiscal management and reporting of funds distributed to and by the statewide independent living council (SILC). 2. Report current fiscal status of SILC and of Title VII, Part B funds at regularly scheduled or special meetings of the SILC. 3. Work with designated state unit staff on budget development for the approved state plan for independent living. 4. Develop SILC budget for implementation of SILC resource plan. 5. Facilitate development of new independent living leaders within the state. AUTHORITY: The treasurer has authority to develop a budget for the SILC in conjunction with any SILC staff. Such budget must be approved by the entire SILC. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Knowledge of budgets and finance. 2. Experience with independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 4 hours--SILC telephone calls 8 hours--reading and preparation for SILC meetings 8 hours--preparation of treasurer's report TOTAL 36 hours PROTOTYPE JOB DESCRIPTION FOR SILC MEMBER ESSENTIAL DUTIES: 1. Participate actively in statewide independent living council (SILC) meetings and activities. 2. Work actively on at least one committee or work team of the SILC. 3. Facilitate development of new independent living leaders within the state. AUTHORITY: A SILC member has no authority except that granted to him or her by the entire SILC body through specific resolution. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Knowledge of team work. 2. Experience with independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 4 hours--SILC telephone calls 4 hours--reading and preparation for SILC meetings TOTAL 24 hours DIRECTORY OF STATEWIDE INDEPENDENT LIVING COUNCILS The following is contact information for each statewide independent living council, including the name of the person who chairs the council, telephone and TTY (if any) numbers, and addresses. The directory is current as of July 1995. A Chris Butler, Chair 510 West Thomason Circle Opelika, AL 36801-5499 205-768-2293 TTY: None Connie Anderson, Chair SAIL 2490 Industrial Blvd. Juneau, AK 99803 907-789-9665 TTY: 789-9665 Susan Molloy, Chair 2 Hansa Lane Snowflake, AZ 85937 602-536-4625 TTY: None Phil Stinebuck, Chair PO Box 1358 Hot Springs, AR 71902 501-624-4411, ext. 315 TTY: 624-0079 C Mike Humphrey, Chair Community Resources for the Disabled 2999 Cleveland Ave., Suite D Santa Rosa, CA 95403 707-528-2745 TTY: 528-2151 Rose Kreston, Chair Resources for Disabled Students Colorado State University 116 Student Services Building Fort Collins, CO 80523 303-491-6385 TTY: 491-6385 Geraldine P. Heath, Chair 34 Carleton Road West Hartford, CT 06107 203-561-1730 TTY: None D Larry Henderson, Chair c/o Mark Young, DVR 321 East 11th Street, Fourth Floor Wilmington, DE 19801 302-577-2850 TTY: None F Beverly Jackson, Chair C.S.X. Transportation, Inc. 500 Water Street, Room 210 Jacksonville, FL 32202 904-359-1500 TTY: None G Abbey Shirley 2815 Still Meadows Way Buford, GA 30518 404-822-8830 TTY: None H Mark Obatake, Chair Hawaii CIL 677 Ala Moana Blvd., Suite 101 Honolulu, HI 96813 808-537-1941 TTY: 521-4400 I Kelly Buckland, Chair P.O. Box 83720 Boise, ID 83720-9601 208-334-3800 TTY: 334-3803 Beth Langen, Chair c/o IDRS 623 East Adams Springfield, IL 62794 217-524-4986 TTY: 524-4986 David Nelson, Chair Allen County League for the Blind 5800 Fairfield, Suite 210 Ft. Wayne, IN 46807 219-745-5491 TTY: 745-5491 Robert Jeppesen, Chair 1024 Walnut Street Des Moines, IA 50309 515-243-2177 TTY: 243-5385 K Gina McDonald, Chair 501 Jackson, #450 Topeka, KS 66603 913-233-4550 TTY: 233-4550 Jan Day, Chair Center for Accessible Living 981 South Third Street, Suite 102 Louisville, KY 40203 502-589-6620 TTY: 589-3980 L Rose Angelocci, Chair 4511 Longfellow Drive New Orleans, LA 70127 504-286-7060 TTY: 286-7060 M Steve Tremblay, Chair Alpha One 127 Main Street South Portland, ME 04106 207-767-2189 TTY: 767-2189 Peggy Martin, Chair 15032 Randall Lane Williamsport, MD 21795 301-582-4309 TTY: 582-4309 Lorelee Stewart, Chair c/o ILCNS 583 Chestnut Street, Suite 9 Lynn, MA 01904 617-593-7500 TTY: 593-7500 Calvin Howarth, Chair 3001 North Coolidge East Lansing, MI 48823 517-333-4254 TTY: None John Schatzlein, Chair 10933 Johnson Avenue, South Bloomington, MN 55437 612-881-2129 TTY: None Kimball Gray, Chair 754 North President Jackson, MS 39202 601-969-4009 TTY: 969-4009 Kent Kolaga, Chair 1901 Windriver Drive Jefferson City, MO 65101 314-893-3333 TTY: 893-3333 June Hermanson, Chair 204-Sixth Avenue, East Polson, MT 59860 406-883-9459 TTY: None N Nye Bond, Chair 859 South 45th Street Lincoln, NE 68510 402-483-6378 TTY: None Fred Inman, Acting Chair PO Box 955 Hawthorne, NV 89415 702-945-2978 TTY: None Carol Nadeau, Chair Governor's Commission on Disability 57 Regional Drive Concord, NH 03301 603-271-2773 TTY: 800-852-3405 Lydia Kirschenbaum, Chair 7 West Lake Drive Montville, NJ 07045 201-335-7642 TTY: None Vince Montano, Chair 1720 Louisiana NE, Suite 204 Albuquerque, NM 87110 505-256-3100 TTY: 256-3100 Douglas Usiak, Chair Independent Living Center 3108 Main Street Buffalo, NY 14214 716-836-0822 TTY: 836-0822 Dennis Troy, Acting Chair P.O. Box 12 Tarheel, NC 28392 910-862-2472 TTY: None Yvonne Hanzal, Chair 1738 Fourth Avenue, NE Jamestown, ND 58401 701-252-3850 TTY: None O Richard Gunden, Chair Ability Center of Greater Toledo 5605 Monroe Street Sylvania, OH 43560 419-885-5733 TTY: 885-5733 Mike Ward, Chair 321 South Third, Suite 2 McAlester, OK 74501 918-426-6220 TTY: 426-6220 Tina Treasure, Chair Spokes Unlimited P.O. Box 7896 Klamath Falls, OR 97603 503-883-7547 TTY: 883-7547 P Lou Diehl, Co-Chair Tri-County Partnership for IL 69 East Beau Street Washington, PA 15301 412-223-5115 TTY: 223-5115 Keith Williams, Co-Chair Northeast PA CIL Lower Level, 431 Wyoming Scranton, PA 18503 717-344-7211 TTY: 344-7211 R Dorothy Hoye, Chair 250 Milton Road Warwick, RI 02888 401-467-8235 TTY: None S Allen Corbett, Chair College Business Administration University of South Carolina Columbus, SC 29208 803-777-2945 TTY: None Dick Hicks, Chair 1916 Edgewood Road Sioux Falls, SD 57103 605-336-2093 TTY: None T Jackie Page, Chair Howard Office Bldg G-52 700 Second Avenue, South Nashville, TN 37210 615-862-6492 TTY: 862-6492 Humberto (Beto) Orozzo, Chair Valley Assoc. for Independent Living 105-C East Expressway 83 Pharr, TX 78577 210-781-9796 TTY: 781-7733 U Nancy Wagner, Chair c/o Utah State Office of Rehabilitation 250 East 500 South Salt Lake City, UT 84111 801-649-2669 TTY: None V E. Ingrid Anderson, Co-Chair RR 2 Box 190 Springfield, VT 05156 802-546-4587 TTY: None Dan Gilman, Co-Chair 123 Walnut Street Rutland, VT 05701 802-747-5080 TTY: None Catherine Northan, Chair 214 Shawen Drive Hampton, VA 23669 804-850-5922 TTY: None W Kelly Busby, Chair 10703 Sundance Drive Spokane, WA 99208 509-326-6335 TTY: 326-6335 Anne Weeks, Chair Mountain State CIL 821 Fourth Avenue Huntington, WV 25701 304-525-3324 TTY: 525-3324 Karen Hodgson, Chair University of Wisconsin 913 Ingalls Menomonie, WI 54751 715-232-2150 TTY: 232-2150 Betty Jo Burgess, Chair P.O. Box 228 Powell, WY 82435 307-777-7389 TTY: None D.C. & U.S. Territories Don Galloway, Chair 51 North Street NE, Room 307 Washington, DC 20002 202-535-1903 TTY: 535-1334 Peter Kolone, Chairc/o Pete Galea'i, DVR Dept HR Pago Pago, AS 96799 10288-011-684-633-2336 TTY: None Frank Mullen, Chair c/o Dept. of Vocational Rehabilitation 122 ITE Plaza, Room B201 Harmon Industrial Park Guam 96911 10288-011-671-646-9468 TTY: None Carmen Almodovar, Chair c/o Vocational Rehabilitation Program P.O. Box 1118 Hato Rey, PR 00919 809-725-1792 TTY: SILC MEMBERSHIP COMPLIANCE ASSESSMENT The Rehabilitation Act as Amended in 1992 requires the governor (or the appropriate entity within the state responsible for making appointments) to appoint statewide independent living council (SILC) members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities. The following is a checklist which can be used for determining the extent to which SILC membership is in compliance with the Act. SILC Voting Membership YES NO 1. Is there at least one director of an independent living center chosen by executive directors of centers within the state? 2. Are there other representatives from centers for independent living? 3. Are there parents and guardians of individuals with disabilities? 4. Are there advocates of and for individuals with disabilities? 5. Are there representatives from private businesses? 6. Are there representatives from organizations that provide services for individuals with disabilities? 7. Are there other appropriate individuals? How are they appropriate to the function and purpose of the SILC? SILC Non-Voting Membership YES NO 1. Is there a representative from the designated state unit? Name? 2. Are there representatives from other state agencies that provide services for individuals with disabilities? Who and what agencies do they represent? Name Agency SILC PROFILE ANALYSIS To comply with section 705 of the Rehab Act, every statewide independent living council (SILC) must be consumer controlled. Use the grid below and the fact sheet on SILC composition to determine whether or not 51 percent of your voting members are persons with disabilities. Enter the names of up to 12 SILC members in the numbered boxes at the top of the grid. You may need to use more than one chart. Enter data relevant to each member by placing a check mark in the appropriate grid box. The completed grid will give you an overall profile of the composition of your council. In determining if a majority of the council's members consist of people with disabilities, remember that individuals with disabilities who are employed by state agencies or centers may not be included among the count of people with disabilities. Total the number of checks in each row. Then, subtracting state agency and independent living center employees, total the rest of the members with disabilities. This number should be at least 51 percent of all members. SILC Name and Affiliation 1 2 3 4 5 6 7 8 9 10 11 12 T OTALS SILC criteria: CIL director (selected by CILs) (voting member) CIL employees (voting member) CIL representatives who is not an employee of CIL (voting member) Parents and guardian (voting member) Advocate (voting member) Business representative (voting member) Service provider (voting member) Other: Employee of a state agency which does not provide services to individuals with disabilities (voting member) SILC Member's Name and Affiliation 1 2 3 4 5 6 7 8 9 10 11 12 T OTALS SILC criteria: State designated unit representative (non-voting member) Employee of a state agency (other than DSU) which provides services to people with disabilities (non-voting member) Area of state represented __________________________ __________________________ __________________________ __________________________ __________________________ Disability type ___________________________ ___________________________ Knows CILs and IL services: (e.g., worked in a CIL) Term of appointment: (e.g., expires 1994) ___________________________ ___________________________ ___________________________ STATE PLAN for INDEPENDENT LIVING SERVICES and CENTERS FOR INDEPENDENT LIVING FISCAL YEAR 1995 CONTENTS Section 1: Purpose of the State Plan 1.2 Participation in the programs Section 2: Legal Basis and State Certification Section 3: Plan Submittal 3.1 Frequency of submittal 3.2 State plan development 3.3 Public hearings 3.4 Opportunity for review and comment under state review process Section 4: Statewide Independent Living Council 4.1 Composition of the SILC 4.2 Placement of the SILC 4.3 Plan for provision of resources to the SILC Section 5: Designation and Responsibilities of the State Unit(s) 5.1 Designation 5.2 Designated state unit responsibilities 5.3 Methods of administration Section 6: Staff and Staff Development 6.1 Personnel administration 6.2 Personnel development 6.3 Affirmative action 6.4 Nondiscrimination Section 7: Financial Administration 7.1 General provisions 7.2 Source of state funds 7.3 Financial recordkeeping 7.4 Access to financial records 7.5 Financial reports Section 8: State Administration of Part C Program 8.1 Funds earmarked to support CILs 8.2 State applies to administer Part C funds 8.3 State administers funds in compliance with 723 8.4 Policies, practices, and procedures for award of grants Section 9: Objectives 9.1 Objectives 9.2 Consideration of CIL workplans 9.3 Timelines for achievement of objectives 9.3 Consistency of objectives with purposes of Section 1 Section 10: Information on Use of Part B, Chapter 1 Funds 10.1 Use of 711 funds in support of 713 purposes 10.2 Explanation of how 713 activities further objectives in Section 9.1 Section 11: Outreach Section 12: Extent and Scope of Independent Living Services Section 13: Eligibility and Independent Living Plans 13.1 Eligibility for receipt of services 13.2 Consumer service record 13.2 Independent living plans 13.3 Notice about CAP Section 14: Statewide Network of Centers for Independent Living 14.1 Network design 14.2 Identification of unserved and underserved areas and priorities Section 15: Cooperation, Coordination, Communication Section 16: Evaluation Plan ATTACHMENTS Attachment 4 Plan for the Provision of Resources to the SILC (Resource Plan) Attachment 8 Policies, Practices and Procedures for Award of Grants Under Section 723 Attachment 9 State Plan for Independent Living Objectives (SPIL) Attachment 10 Part B, Chapter 1 Activities Attachment 11 Outreach Attachment 12 Extent and Scope of IL Services Attachment 13 Consumer Service Records Attachment 14 Design for a Network of CILs Attachment 15 Working Relationships Attachment 16 Evaluation Plan DEVELOPMENT OF STATE PLANS FOR INDEPENDENT LIVING Introduction to a Single State Plan Under the newly reauthorized Rehabilitation Act Amendments of 1992, the state plan for independent living is jointly developed by the statewide independent living council (SILC) and the designated state unit. The designated state unit is the same state agency, usually your general vocational rehabilitation agency, that is the "designated state unit" for Title I or basic vocational rehabilitation services. This means that the SILC--as an autonomous, independent body representing people with significant disabilities across the entire state and the interests of centers for independent living and others--must organize itself to become a planning body and to work effectively with the state's vocational rehabilitation agency and, if you have one, blind services agency as well. There is only one state plan for independent living. This is different from Title I where the Rehabilitation Services Administration (RSA) has allowed two state plans--one for the general VR agency and another for the blind services agency. Since there is only one state plan, the SILC and the VR and blind services agencies must all agree on the contents and budget of that plan. Purpose of the Plan The purpose of the state plan is to describe how Title VII, Part B funding will be used within the state to develop and to maintain a state independent living program (SILP). The state's independent living program must include a description of the state's network of centers for independent living and how this network relates to other elements of the plan for Title VII, Part B funds. Authorized Uses of Title VII, Part B Funds Title VII, Part B funds may be used: to support the operations of the SILC; to provide independent living services to individuals with severe disabilities; to demonstrate ways to expand and improve independent living services; to support the operations of CILs; to support activities to increase the capacities of groups to develop comprehensive approaches or systems for providing independent living services; to conduct studies and analyses, gather information, develop model policies and procedures, etc., presenting information, strategies and recommendations to federal, state or local policy makers to enhance independent living; to train individuals with disabilities and organizations on the independent living philosophy; and to provide outreach to unserved, underserved, minority groups, and urban and rural populations. A specific format for the state plan is provided by RSA to the chair of the statewide independent living council and to directors of state vocational rehabilitation and blind service agencies. The SILC and state agencies must develop the state plan and submit it, along with any required information on RSA's "pre-print" plan form by a certain date. The next major deadline for state plan submission to RSA is July 1, 1994. The first jointly developed three-year state plan for independent living is due on that date. Copies of state plan pre-print forms can be obtained from RSA's regional offices or central office. Contact John Nelson, Chief, Independent Living Branch, RSA, 400 Maryland Avenue S.W., Washington, D.C. 20202, 202/205-9362 (voice) for more information. Also, copies of the Rehab Act and state plan pre-print forms are available for downloading on the DIMENET computer network (508) 880-5412 in the "Files" section. State Plan Requirements The federal government gives each state a certain amount of funding under Title VII, Part B based upon percentage of population. RSA, through the Rehabilitation Act Amendments statute or law, develops parameters for how each state may spend this money. Determination of how the Title VII, Part B funds will be spent in each state will be made jointly by the SILC, VR agency, and blind services agency (if one exists in the state). It is extremely important that SILCs be thoroughly knowledgeable about the process of Title VII, Part B funding, the requirements of the state plan, and the state's status and progress toward a network of centers for independent living in order to be effective planners of Part B funding. The specific requirements of the state plan include: specific objectives and timelines; an explanation of how objectives are consistent with and further the purpose of Title VII; a description of how Title VII services are coordinated with or complement other federally or state funded services to people with disabilities; a description of how federal and state funding for CILs and independent living services will be coordinated; a description of how outreach to unserved, underserved, minority groups, urban populations, and rural populations will be conducted; a description of how individuals receiving assistance under Title VII will be notified of the client assistance program (CAP); a description of affirmative actions that will be taken to employ qualified individuals with disabilities; a description of fiscal control and accounting procedures that will be used; a description of how records will be kept if independent living services are to be provided to individuals, especially amount and disposition of funds to an individual recipient, total cost of project, and amount or costs of project funded with other sources; a description of how public hearings will be held during formulation and review of the plan; and a description of how the plan's effectiveness will be evaluated, based both on achievement of objectives and extent of satisfaction of individuals with disabilities. As a general rule, the bureaucratic nature of the state/federal program has not been conducive to creativity in the development of state plans in the past. With the advent of SILCs and their real authority in the planning process, individuals with significant disabilities and centers for independent living have an opportunity to develop an innovative statewide vision for the first time since Title VII was written. Conflicts which arise over the development of state plans are usually rooted in a desire to continue doing things the way they have been done versus creating new methods and believing that the entire process is open for debate. We urge you to work with your SILC and your CIL colleagues in your state to develop the best state plan possible. Developed for NCIL's Rehab Act Committee by Maggie Shreve, 1994. REVIEW OF STATE PLAN Have representatives of statewide independent living councils and centers for independent living divide up by state and answer: 1. What does the plan say about how it was developed? 2. Are you aware of any differences between what the plan says and how the plan was actually developed? 3. If so, what are these differences? 4. What is the SILC's role in the state plan and its implementation? 5. What is the role of the state agency(ies)? 6. How are your state's Title VII, Part B funds being spent? 7. How will the plan be monitored and who is involved in the monitoring? TITLE VII, PART B AUTHORIZED USES OF FUNDS The state may use funds received under this part to support the operation of the statewide independent living council, and 1) to provide independent living services to individuals; 2) to demonstrate ways to expand and improve independent living services; 3) to support the operation of CILs; 4) to support activities to increase the capacities . . . for providing independent living services; 5) to conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to federal, state, and local policymakers in order to enhance independent living services; 6) to train . . . regarding the independent living philosophy; and 7) to provide outreach to populations that are unserved or underserved by programs under this Title. AUTHORIZED USES OF TITLE VII, PART B Introduction and History of Changes to Title VII, Part B The National Council on Independent Living (NCIL) was tremendously successful in advocating for major changes to the Rehabilitation Act when it was amended in 1992. One of the most significant changes was to the concept of statewide independent living programs. A brief history of the original Title VII with a look at the new Title VII in this regard might be helpful. In 1978, the Rehabilitation Act was amended to include a new title, Title VII, a program of comprehensive independent living services. There were few people involved in the drafting of this important legislation and all were true pioneers in the movement for independent living. There was not, however, a great deal of experience or knowledge about how to initiate a national program which would be focused on centers for independent living. The first Title VII statute followed the same basic development premise which had begun rehabilitation facilities years ago. The plan was somewhat as follows: Fund Title VII, Part B through a discretionary (i.e., competitive) grant process to establish centers for independent living. The first eligible applicants for these funds were state vocational rehabilitation or blind service agencies. If a state agency did not apply, then a private, nonprofit organization could. The goal was to establish these new entities through grants of three years in length, and then to eliminate those grants as fee-for-service funding sufficient to support each center(s) became available. Part A funds were envisioned as ongoing support of centers through purchase of service agreements with state vocational rehabilitation and blind service agencies. Title VII, Part A looked much like the basic vocational rehabilitation program funded under Title I with the exception that "eligibility" for service was based on the presence of a disability so severe that the individual could not benefit from vocational rehabilitation services under Title I. A parallel system of service delivery, usually through state agencies entirely, emerged where people who were not determined eligible for vocational rehabilitation services could be referred to and served by the Title VII, Part A program--if it were feasible that the individual could live independently. As Title VII, Part A funds supported the centers for independent living through fees-for-services, Title VII, Part B monies would be recycled to start new centers and so forth. The existing rehabilitation system fully expected funding under Title VII, Part A to increase dramatically--just like the Title I program--while the Part B program could remain small and discretionary. Once Part A funding reached substantial levels, it would become a "formula funding" program, meaning that each state would get its fair share of the total dollars available based upon its population. Those of you who were involved with centers in 1983 when Part A funding first became available may remember the debates and sometimes bitter fights we had with our state agencies over those funds. It became clear to many of us that while some state agencies operated innovative Part A programs, others had no intention of funding centers with Part A. Rather, they used Part A funding to staff their own operations, to purchase services for people denied eligibility under Title I through existing rehabilitation facilities, or, if they did contract with centers, they required the same laborious, bureaucratic process for the delivery of service--including a determination of eligibility based upon a medical examination, development of an "individual written independent living rehabilitation plan" (IWILRP) and the signature of a state agency counselor approving the IWILRP. Some realized that this configuration for development would not work in 1981--many more of us saw these systemic problems most clearly after funding of Part A began in 1983. So, NCIL advocated for major changes to the Rehabilitation Act as long ago as 1985. Although NCIL's success was limited in its early history as an organization, it exerted substantial influence in 1992. NCIL recommended entire elimination of Part A, moving the services there into Title I and expanding the definition of who could be served under Title I. NCIL also recommended direct funding for all CILs under Title VII, Part C--a recommendation which was partially followed. The U.S. Congress could not agree to such a massive reform of the Act as NCIL was suggesting, but did agree to give more power and control over the old Part A dollars to the states themselves, through the mandate of a consumer-controlled statewide independent living council (SILC) and the joint development of a state plan, detailing the state's independent living program. Congress also instituted direct funding for independent living centers in states where the state was not supporting center operations at an amount equal or greater than that contributed by the federal government. The premise behind these changes was to get state agencies, individuals with significant disabilities, and centers to agree on what constituted a statewide independent living program. The Old "Part A" Becomes the New "Part B" The new Title VII begins with an introductory Part A which has no appropriations attached to it; rather it emphasizes independent living philosophy, principles, and definitions. The new Part B is a totally rewritten and redesigned statute. It still focuses, however, on independent living services, and its funds may be distributed to: support the operations of the SILC; provide independent living services to individuals with severe disabilities; demonstrate ways to expand and improve independent living services; support the operations of CILs; support activities to increase the capacities of groups to develop comprehensive approaches or systems for providing independent living services; conduct studies and analyses, gather information, develop model policies and procedures, etc., present information, strategies and recommendations to federal, state, or local policymakers to enhance independent living; train individuals with disabilities and organizations on the independent living philosophy; and provide outreach to unserved, underserved, minority groups, and urban and rural populations. The U. S. Congress borrowed ideas from the developmental disabilities planning council model in the Developmental Disabilities Bill of Rights Act to create new, powerful statewide independent living councils (SILCs). It gives SILCs responsibility for developing and monitoring the state plan for independent living and for making decisions about how Title VII, Part B money will be spent within the state. The SILCs must work with centers, which have representation as voting members on the SILC itself, and with state vocational rehabilitation and blind service agencies. As SILCs organize themselves into autonomous, independent planning bodies, they may draw upon these eight authorized uses of Title VII, Part B funds to make decisions about what is best for their state. In addition to Title VII, Part B funds, SILCs may secure operating funds for their staff, offices, and other expenses from Title I, Part C (Innovation and Expansion Grant Program) or Social Security Trust Fund dollars. These funds may be secured through the state's plan for vocational rehabilitation which is developed by the state agencies with the input and advice of a statewide rehabilitation advisory council. Developed for NCIL's Rehab Act Committee by Maggie Shreve, 1994. STATE IL PLANS--USE OF PART B FUNDS As many of you know, one of the major changes provided by the 1992 amendments to the Rehab Act was the strengthening of the role and responsibilities of the statewide independent living councils. One of the most significant responsibilities of the SILCs is joint development and joint signing (along with the state voc rehab agency) of the state plan for independent living--specifically, determining how to use the Part B funds provided each state through Title VII. The minimum that each state received this year was approximately $283,000; states with larger populations received more. SILCs were required to work with state agencies to develop the plans for the first time last year, and the plans covered a period of one year. This year, the SILCs and agencies were to have developed a three-year plan by July 1. According to John Nelson, however, RSA recognizes the need of many SILCs to become better organized before preparing a three-year plan, so, RSA is requiring states to submit another one-year plan by July 1. If you had $283,000 to spend on independent living in your state, how would you spend it? If you sit on the council, you have options that fall into eight categories: --Support for the council's resource plan. Each SILC is required to prepare a resource plan to meet expenses incurred in carrying out the functions of the council. Funds which may be used to support this resource plan include Part C of Title I as well as Part B of Title VII. These funds may be used to hire staff, rent office space, cover expenses associated with operating an office, reimburse council members for expenses associated with serving on the council, convene public hearings to obtain input regarding the plan, etc. See section 705 (e) and (f) of the Act. Also, this option is summarized in the opening paragraph of section 713, followed by seven numbered options for which Part B funds can also be used. --Provide independent living services to individuals with significant disabilities. This is what we knew under the old Rehab Act as the "Part A" program--the purchase of services for individuals. Note that it is now one option among many. --Demonstrate ways to expand and to improve independent living services. This option illustrates the tremendous latitude given to the SILCs and state agencies in developing plans for using the Part B money. For instance, if it is determined that sharing information and acquiring technical assistance via computer networking is a priority, Part B funds may be used to offset long-distance expenses incurred by centers and SILC members in accessing computer networks, such as DIMENET, the computer network for the independent living field. Or, in states filled with earnest techies, the funds could be used to set up a DIMENET host site in the state. --Support the operation of independent living centers. Part B funds may be used to establish new centers or to supplement funding for existing centers--such centers, of course, must be in compliance with the standards and assurances in section 725 (b) and (c) of the Act. --Support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing IL services. Again, this option provides opportunities for creativity. One state is using a significant portion of its Part B funds to establish and to operate a statewide systems advocacy office. --Conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to federal, state, and local policy makers in order to enhance independent living services for individuals with significant disabilities. Under this option, the plan could support, among many other things, activities to learn how councils are fulfilling their responsibilities in other states and how they are using their Part B funds. --Train individuals with disabilities, individuals providing services to individuals with disabilities, and other persons regarding the independent living philosophy. Obviously, this option could be used to support training workshops on independent living, to hold statewide independent living conferences, and to send council members, agency and center staff, and others to state, regional, and national independent living conferences. --Provide outreach to populations that are unserved or underserved by programs under Title VII, including minority groups and urban and rural populations. Under this option, funds could be used to support efforts by centers to work with people who have traumatic head injuries or people with disabilities who are very old or who are very young; materials could be translated into Spanish or other languages; courses could be provided in sign language interpretation; satellite offices could be established in rural communities or minority neighborhoods; and so on. It should be noted that there are no directions given in the Act on how the Part B funds are to be used. Such decisions are made at the discretion of the statewide independent living council and the state voc rehab agency as they jointly develop the plan for use of Part B funds. A check-and-balance provision is included in the Act: both the SILC and the state agency must sign off on the plan. Thus, if for instance, the council developed a plan which contained provisions that the state agency did not want to accept, the agency could refuse to sign the plan and negotiations would have to continue. And, vice-versa, of course, should the reverse situation ever occur. As you can see, this Part B section of the Act is considerably different from the old Part A program. During the period leading up to reauthorization, this portion of Title VII came under considerable discussion. Some advocates worked very hard to ensure that funds would continue to be available for independent living services to individuals. They believed that in many states, it would be some time before a network of centers was established across the state whereby all people with disabilities could receive independent living services (and not just those living in general proximity to a center). Other advocates believed that the amount of funding was so small and would be expended so quickly on individual services that the better approach would be to use the funds on activities that would have impact on a large number of individuals. The new Part B program represents the compromise position: each state may determine its most pressing needs and is provided tremendous flexibility in how it may address those needs. And, it should be noted that the Act's new requirement that the SILC jointly develop and sign off on the state plan for use of Part B funds is a further demonstration of the extent to which consumer empowerment has been incorporated into the Act. Remember, while state agency representatives sit on the SILC, they are in ex officio, nonvoting roles and the Act requires that a majority of the members of the SILC be people with disabilities. Here's your homework: What is in your state plan? (You may get a copy from the chair of the SILC or from the state voc rehab agency.) How much Part B money does your state receive? (Also available from the SILC or state agency.) Knowing all of the options for using Part B funds, are you satisfied with what is provided in the plan? If you have better ideas for putting those funds to work, contact your council members (a list of whom is also available from above). Since it looks like establishment of a three-year plan will be deferred for a year, you have an opportunity to request public hearings prior to development of the plan, as well as prior to signing off on the plan. A lot of work, but as our colleague Jim Tuscher at Paraquad in St. Louis says, independent living is a do-it-yourself program. You may find it useful to have your own copy of the new Rehab Act and its technical amendments. Call House Documents at (202) 225-3456 and request public law 102-569 and public law 103-73. A version that integrates the technical amendments with the Act is available on DIMENET in the "Files" section, under "Rehab" as rehab93w.zip for a WordPerfect version or rehab93a.zip for an ASCII version. (It is also available in WordPerfect and ASCII in non-zipped versions, but it is a huge document that will take forever to download.) FUNDING UNDER SILC JURISDICTION Some funding sources which fall under the province of the statewide independent living council (SILC) and which may be used to support SILC activities and the state plan include: SERVICES FOR INDEPENDENT LIVING Title VII, Part B of the Rehabilitation Act of 1973, as Amended (Mandatory) Title VII, Part B funds may be used for up to eight purposes, including support for the operation of the statewide independent living council (SILC). Funds are administered by the designated state agency and minimum allocation per state is $283,800 in fiscal year 1994. CENTERS FOR INDEPENDENT LIVING Title VII, Part C of the Rehabilitation Act, as Amended (Mandatory) Title VII, Part C funds must be used to support the operation of independent living centers which meet the standards and assurances set out in the Rehab Act. Funds may be administered by either the federal Rehabilitation Services Administration or the designated state agency. Generally, the entity which earmarks the greatest amount of funds to support the operation of centers in the state will administer the funds. State agencies must apply for the right to administer the funds. The minimum allocation per state for fiscal year 1994 is $412,800. INNOVATION AND EXPANSION Title I, Part C of the Rehabilitation Act of 1973, as Amended 1.5% of the funds allotted for a state's Title I, Part B Vocational Rehabilitation Services program must be reserved for Title I, Part C: Innovation and Expansion Grants. Section 123 identifies 12 possible uses of these funds, and the twelfth is to support the statewide independent living councils established under Section 705. SOCIAL SECURITY REIMBURSEMENT FUNDS States receive reimbursement under the Social Security Act for Rehab Act funds spent to assist individuals in becoming employed. These funds, which are administered by the designated state agency, may be used to carry out the programs under Title I (Vocational Rehabilitation Services), Title VI, Part C (Supported Employment Services), and Title VII (Independent Living Services and Centers for Independent Living). STATE CENTER FOR INDEPENDENT LIVING FUNDS In many states, state funds are allocated to support the operation of independent living centers. These state-funded centers must operate in a manner consistent with the state independent living plan jointly developed by the SILC and the state agency. STATE INDEPENDENT LIVING SERVICES FUNDS Other funds may be allocated by a state for the purchase of independent living services and/or support of independent living programs. Funds are generally allocated to the designated state agency. Inclusion in the state plan is not required by the Rehab Act, but may occur at the request of the designated state agency or through negotiations with SILC members. OTHER FUNDING SOURCES A variety of other resources may be used to support Title VII, Chapter 1. These include, but are not limited to, private funds, in-kind contributions, corporate support, and foundation grants. FUNDING FOR TITLE VII, PART B Fiscal Year 1994 GENERAL BLIND GRAND SUBTOTAL TOTAL TOTAL STATES $16,350,239 $1,472,730 $17,822,969 Alabama $283,800 $283,800 Alaska $283,800 $283,800 Arizona $283,800 $283,800 Arkansas $249,744 $34,056 $283,800 California $1,297,445 $1,297,445 Colorado $283,800 $283,800 Connecticut $241,230 $42,570 $283,800 Delaware $241,230 $42,570 $283,800 Florida $470,565 $96,380 $566,945 Georgia $283,800 $283,800 Hawaii $283,800 $283,800 Idaho $156,090 $127,710 $283,800 Illinois $488,888 $488,888 Indiana $283,800 $283,800 Iowa $227,040 $56,760 $283,800 Kansas $283,800 $283,800 Kentucky $246,906 $36,894 $283,800 Louisiana $283,800 $283,800 Maine $283,800 $283,800 Maryland $283,800 $283,800 Massachusetts $241,230 $42,570 $283,800 Michigan $257,835 $138,833 $396,668 Minnesota $232,716 $51,084 $283,800 Mississippi $283,800 $283,800 Missouri $246,906 $36,894 $283,800 Montana $283,800 $283,800 GENERAL BLIND GRAND SUBTOTAL TOTAL TOTAL Nebraska $251,873 $31,927 $283,800 Nevada $283,800 $283,800 New Hampsh. $283,800 $283,800 New Jersey $261,919 $65,479 $327,398 New Mexico $241,798 $42,002 $283,800 New York $639,745 $121,856 $761,601 North Carolina $235,860 $51,773 $287,633 North Dakota $283,800 $283,800 Ohio $463,038 $463,038 Oklahoma $283,800 $283,800 Oregon $248,325 $35,475 $283,800 Pennsylvania $469,443 $35,334 $504,777 Rhode Island $283,800 $283,800 South Carolina $246,906 $36,894 $283,800 South Dakota $227,040 $56,760 $283,800 Tennessee $283,800 $283,800 Texas $593,712 $148,428 $742,140 Utah $283,800 $283,800 Vermont $212,850 $70,950 $283,800 Virginia $246,906 $36,894 $283,800 Washington $251,163 $32,637 $283,800 West Virginia $283,000 $283,800 Wisconsin $283,800 $283,800 Wyoming $283,800 $283,800 D.C. $283,800 $283,800 Puerto Rico $283,800 $283,800 GENERAL BLIND GRAND SUBTOTAL TOTAL TOTAL OUTLYING AREAS: $66,836 $66,836 American Samoa $22,279 $22,279 Guam $22,279 $22,279 N. Marianas $0 $0 Palau $0 $0 Virgin Islands $22,279 $22,279 FUNDING FOR TITLE VII, PART C Fiscal Year 1994 FY 1994 FY 1993 ALLOCATION REALLOTMENT Alabama $505,225 $505,225 Alaska $602,952 $602,952 Arizona $412,800 $322,377 Arkansas $412,800 $322,377 California $2,528,621 $774,955 Colorado $697,758 $697,758 Connecticut $431,680 $431,680 Delaware $412,800 $368,478 Florida $1,104,935 $830,545 Georgia $553,041 $315,180 Hawaii $412,800 $350,052 Idaho $695,762 $695,762 Illinois $1,042,389 $1,042,389 Indiana $463,830 $396,553 Iowa $412,800 $343,067 Kansas $566,935 $566,935 Kentucky $430,635 $430,635 Louisiana $412,800 $322,377 Maine $481,900 $481,900 Maryland $412,800 $322,377 Massachusetts $954,181 $954,181 Michigan $1,269,426 $1,269,426 Minnesota $523,098 $523,098 Mississippi $475,900 $475,900 Missouri $1,060,757 $1,060,757 Montana $412,800 $400,888 Nebraska $789,481 $789,481 Nevada $412,800 $322,377 New Hampshire $412,800 $322,377 FY 1994 FY 1993 ALLOCATION REALLOTMENT New Jersey $638,074 $342,812 New Mexico $551,100 $551,100 New York $1,484,306 $875,064 North Carolina $560,578 $322,377 North Dakota $412,800 $322,377 Ohio $902,429 $507,302 Oklahoma $672,259 $672,259 Oregon $554,713 $554,713 Pennsylvania $1,037,466 $1,037,466 Rhode Island $709,848 $709,848 South Carolina $412,800 $322,377 South Dakota $412,800 $322,377 Tennessee $412,800 $390,693 Texas $1,446,377 $1,400,310 Utah $547,704 $547,704 Vermont $768,562 $768,562 Virginia $1,301,749 $1,301,749 Washington $464,074 $464,074 West Virginia $904,979 $904,979 Wisconsin $534,765 $534,765 Wyoming $412,800 $322,377 District of Columbia $412,800 $337,287 American Samoa $154,046 $154,046 Guam $44,651 $0 N. Marianas $0 $0 Palau $0 $0 Puerto Rico $412,800 $322,377 Virgin Islands $247,036 $247,036 PEER REVIEW COSTS $31,198 REVIEW OF STATE PLANS 1. What did you learn in your state group discussion? 2. What are the characteristics of the superior SILC member and the superior SILC? 3. What are the characteristics of the superior state plan? 4. What was the best thing about the state planning process that you heard? SELF ASSESSMENT - PART 4 Standards and Assurances 1. Which of the following criteria is not included in the definition of an independent living center? a) consumer-controlled b) cross-disability c) recipient of Title VII funds d) non-residential 2. Which of the following are not core services which must be provided by independent living centers? a) peer counseling b) attendant services c) information and referral d) community outreach 3. As a result of recent changes to the advocacy provisions within the Act, independent living centers: a) may not do advocacy. b) must do advocacy. c) may do systems advocacy, but not lobbying. d) must not even say the word "advocacy." 4. Among the standards which centers must meet to receive Title VII, Chapter I funding are: a) to promote and practice independent living philosophy. b) to provide independent living core services. c) to conduct an independent financial audit. d) to raise funds. 5. How often must centers receive an on-site review by the administrator of the Title VII, Part C funds? a) All centers must be reviewed annually. b) 50% must be reviewed each year. c) 33% must be reviewed each year. d) 15% must be reviewed each year. SEQUENCE OF TITLE VII, PART C FUNDING REQUIREMENTS To receive a federal grant under Title VII, Part C, an organization must meet the following requirements: I. Definition of a Center for Independent Living (CIL) A center is a: community-based consumer-controlled cross-disability non-residential private, nonprofit organization II. Fourteen (14) Assurances The eligible agency shall provide at such time and in such manner as the RSA Commissioner may require, such satisfactory assurances as the RSA Commissioner may require, including satisfactory assurances that: (1) the applicant is an eligible agency; (2) the center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a board that is the principal governing body of the center and a majority of which shall be composed of individuals with severe disabilities; (3) the applicant will comply with the standards . . .; (4) the applicant will establish clear priorities through annual and three-year program and financial planning objectives for the center, including overall goals or a mission for the center, a work plan for achieving the goals or mission, specific objectives, service priorities, and types of services to be provided, and a description that shall demonstrate how the proposed activities of the applicant are consistent with the most recent three-year state plan under section 704; (5) the applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with severe disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503; (6) the applicant will ensure that the majority of the staff and individuals in decision-making positions of the applicant are individuals with disabilities; (7) the applicant will practice sound fiscal management, including making arrangements for an annual independent fiscal audit; (8) the applicant will conduct annual self-evaluations, prepare an annual report, and maintain records adequate to measure performance with respect to the standards, containing information regarding, at a minimum (A) the extent to which the center is in compliance with the standards; (B) the number and types of individuals with severe disabilities receiving services through the center; (C) the types of services provided through the center and the number of individuals with severe disabilities receiving each type of service; (D) the sources and amounts of funding for the operation of the center; (E) the number of individuals with severe disabilities who are employed by, and the number who are in management and decision-making positions in, the center; and (F) a comparison, when appropriate, of the activities of the center in prior years with the activities of the center in the most recent year; (9) individuals with severe disabilities who are seeking or receiving services at the center will be notified by the center of the existence of, the availability of, and how to contact, the client assistance program; (10) aggressive outreach regarding services provided through the center will be conducted in an effort to reach populations of individuals with severe disabilities that are unserved or underserved by programs under this title, especially minority groups and urban and rural populations; (11) staff at centers for independent living will receive training on how to serve such unserved and underserved populations, including minority groups and urban and rural populations; (12) the center will submit to the statewide independent living council a copy of its approved grant application and the annual report required under paragraph (8); (13) the center will prepare and submit a report to the designated state unit or the commissioner, as the case may be, at the end of each fiscal year that contains the information described in paragraph (8) and information regarding the extent to which the center is in compliance with the standards . . .; and (14) an independent living plan described in section 704(e) will be developed unless the individual who would receive services under the plan signs a waiver stating that such a plan is unnecessary. III. Seven (7) Standards (1) Philosophy. The center shall promote and practice the independent living philosophy of (A) consumer control of the center regarding decision-making, service delivery, management, and establishment of the policy and direction of the center; (B) self-help and self-advocacy; (C) development of peer relationships and peer role models; and (D) equal access of individuals with severe disabilities to society and to all services, programs, activities, resources, and facilities, whether public or private and regardless of the funding source. (2) Provision of services. The center shall provide services to individuals with a range of severe disabilities. The center shall provide services on a cross-disability basis (for individuals with all different types of severe disabilities, including individuals with disabilities who are members of populations that are unserved or underserved by programs under this Act). Eligibility for services at any center for independent living shall not be based on the presence of any one or more specific severe disabilities. (3) Independent living goals. The center shall facilitate development and achievement of independent living goals selected by individuals with severe disabilities who seek such assistance by the center. (4) Community options. The center shall work to increase the availability and to improve the quality of community options for independent living in order to facilitate the development and achievement of independent living goals by individuals with severe disabilities. (5) Independent living core services. The center shall provide independent living core services and, as appropriate, a combination of any other independent living services specified in section 7(30)(B). (6) Activities to increase community capacity. The center shall conduct activities to increase the capacity of communities within the service area of the center to meet the needs of individuals with severe disabilities. (7) Resource development activities. The center shall conduct resource development activities to obtain funding from sources other than this chapter. IV. Reporting Compliance through Indicators (written and on-site reviews) The indicators were published as "notice of proposed rulemaking" in the Federal Register in December 1993, and the public had the opportunity to provide comment through February 22, 1994. The final or "official" version of the indicators are expected to be announced by mid-August 1994. After indicators become "official," all centers receiving Title VII, Part C funding will report their progress and compliance with the above using the indicators as a minimal evaluation system. INDICATORS CHECKLIST Check your indicators against this list and eliminate any that you now think are not appropriate. Is it a process indicator? OR is it an outcome indicator? Is it appropriate according to independent living philosophy? Could the gathering of this information be considered intrusive by a person with a disability? How much information must you gather to respond to this indicator? Is it too much or is it just right? Does this indicator support the independent living principle that a person with the disability has control of the process? Should you keep or reject this indicator? Be prepared to justify your decision because facilitators may play "devil's advocate" with your decisions. GUIDELINES FOR SCENARIO DISCUSSIONS 1. Encourage full and honest participation from everyone--there are no hierarchies in case study discussions. 2. Respect the values and beliefs of others. 3. Avoid domination of discussion. 4. Cover all dimensions--real or imagined--in the case study. 5. Discuss assumptions which must be made to decide what to do. 6. Questions to guide your discussion are available if you want them. 7. Select one person to act as reporter. 8. Ask one person to act as timekeeper to keep group on track. SCENARIOS ON COMPLYING WITH CIL STANDARDS Scenario 1--Determining Eligibility You are the services manager of a small center for independent living in a rural state. Since the Rehabilitation Act was reauthorized in 1992, you have completely restructured your management information system and how your staff members document services they provide. Everyone on staff was thrilled when the Rehabilitation Act set standards for centers and no longer required a written independent living plan for people with significant disabilities who did not want them. You and your staff believe that the changes in the law will allow you to practice the independent living principles of consumer control and self-help more honestly. You now have one "application for services" form where new consumers give basic information about themselves, such as name, address, telephone number, TT/TDD/TTY number, gender, disability type, and, optionally, racial or ethnic group. The form states the federal definition of an "individual with a significant disability" and asks the consumer to self-identify as meeting this definition. It also has a "waiver" paragraph which explains that the center is interested in assisting the consumer with development and achievement of independent living goals, but that a written plan is not necessary for the provision of service. If a consumer does not want to develop a plan, he or she may sign the waiver clause. A regional Rehabilitation Services Administration (RSA) employee is visiting centers in her region. She stopped by to meet your center's staff and to discuss changes in the Rehabilitation Act this morning. You were so pleased to show her how you had changed your documentation system, you were shocked when she said, "You mean to tell me that you are not collecting medical documentation proving that an individual has a severe disability? You must have this or how can you determine that someone is eligible for independent living services. The language of the law may have changed slightly, but you have the same obligation you always had--prove that someone has a disability so severe that they cannot live independently or work without your services. I can see that we may need to do some regional training on this subject." What do you say? This is a scenario about compliance with standard 1--promoting and practicing the independent living philosophy. Why? 1. Why is self-identifying as an individual with a significant disability consistent with independent living philosophy? 2. Why is it important that an individual with a disability be able to waive the development of an independent living plan? 3. Why might a center director change documentation systems to comply with what the RSA official has said? 4. How has the law changed which allowed the services manager to change his/her documentation? Scenario 2--But We Need This Information to Serve Joan Effectively You are the executive director of a new, small center for independent living in a town of about 100,000 people. You recently hired a new peer counselor named Manuel. Manuel has his degree in rehabilitation counseling and had been a volunteer for your center before you hired him. His first six months on the job were a breeze, and you thought he was on his way to becoming a top notch peer counselor, capable of moving up to a management position within the center as the center grows. As part of your management plan, you review consumer service records every six months by pulling ten file folders at random from your centralized filing system. You look at five files and begin to see a pattern emerging from Manuel's consumer service records. He appears to be asking each consumer for a blanket release of information and then requests medical documentation, psychological evaluations, service notes, and other data from agencies providing services to his consumers. You take one file, Joan's, and go to Manuel's office to talk with him. You put Joan's file on Manuel's desk and ask, "Why are you collecting all of this information about Joan from agencies providing services to her?" Manuel responds, "I need this information to provide professional services to Joan. I must know how other agencies see her and her problems to be an effective advocate for her. Joan gave me permission." You say, "But why do WE have this information. Does Joan need it and if so, what for? I can't imagine why we need to collect this information." Manuel says, "But we need this information to serve Joan effectively. This is one the most basic lessons I learned in college. I must be comprehensive in my approach to understanding my consumers, their services, and their needs." What do you do? This is a scenario about compliance with standard 1--promoting and practicing the independent living philosophy. Why? 1. In what way does a center need copies of medical, psychological, or service provider records about a consumer of its services? 2. Why would a blanket release of information violate independent living philosophy? 3. What kind of behavior do you want from Manuel which would promote the independent living philosophy? 4. What kind of ideas do you have for how to train Manual on this issue? Scenario 3--All I Need Is a Chain Saw You are a volunteer peer counselor at a rural center. Your main role as a peer counselor is to support the consumers with whom you work, no matter what. You encourage people to develop and to achieve their own independent living goals, but you do not make judgments about their choices. Once someone sets a goal, you work with them in whatever way you and the consumer are comfortable to achieve the goal--even if failure seems likely. You just met Eugene, a new consumer. He is the son of a small family farmer who lost an arm in a tractor accident when he was 16. He is now graduating from high school and plans to continue working on the family farm. Your supervisor met Eugene at a "transitions support group meeting" and suggested he call for an appointment with a peer counselor. Since you also experienced an amputation, your supervisor referred Eugene to you. It is clear that Eugene wants to continue farming. While he has done well helping his family members, he wants some adapted farm equipment to be more independent as a farmer. He is highly motivated and interested in pursuing all his options, but he needs financial assistance to obtain new equipment. You suggested that he contact the local office of vocational rehabilitation to request funding for such equipment. You explained to him that the vocational rehabilitation program often funds training, support services, and equipment purchases for people with disabilities who have vocational goals. So, Eugene met with a vocational rehabilitation counselor. He says that he explained what he wanted and needed to continue living on the family farm, but the counselor told him that he did not have a clear vocational goal. "All I need is something like a chain saw to chop wood--simple farm equipment that we could modify for a one-armed person. I know I could learn to use equipment independently if I could get some help," Eugene reports what he said. "The counselor told me that he could fund some independent living rehabilitation services, but that I did not have a significant disability and that the state doesn't have enough money for everybody. In fact, he told me to ask the center for funding to do this." What do you say to Eugene? How can you assist Eugene to meet his goal? This is a scenario about standard 1--promoting and practicing the independent living philosophy. Why? 1. How does the peer counselor promote and practice independent living philosophy in his or her work with Eugene? 2. Why might the vocational rehabilitation counselor believe that Eugene does not have a clear vocational goal? 3. Why might the vocational rehabilitation counselor have referred Eugene back to the center for funding? Scenario 4--Where Is Stella? You are a transition specialist working with an urban center for independent living. Your job is to work with young people on issues of making the transition from school to independence or school to work. Your center uses the peer counseling model and approach to transition services, treating youth with disabilities just like you approach adults with significant disabilities. Your center has many written policies which explain how board, staff, and volunteers practice the independent living philosophy. One of your center's policies concerns consumer control: "No volunteer or staff person will participate in any meeting concerning any consumer of the center's services unless the consumer is present at the meeting or the consumer has asked the center's representative to attend in his or her place." Stella is one of your consumers. She is a 14 year old with cerebral palsy. She uses a wheelchair and her speech is affected by her cerebral palsy. She is bright, witty, fairly self-confident for a 14 year old, and highly motivated. She has been exploring different careers with you and her school vocational counselor. You have helped her work through some exercises in the book, What Color Is Your Parachute? It seems that Stella's strengths are with analysis and human interaction. Stella is excited about the prospect of going to college and has told her vocational counselor that she wants to go to the local university. Her new individualized education plan (IEP) is being developed, and a meeting has been scheduled to review the draft. Stella asked you to attend the meeting. You enter the meeting room to find Stella's teachers, mother, vocational counselor, general guidance counselor, special education administrator, and the school system's occupational therapist and speech therapist. Stella is not there. You turn to Stella's mother and ask, "Where is Stella?" Stella's mother said, "Her vocational counselor is very concerned that Stella's expectations are too high and asked that we not bring her to this meeting. He wants to talk honestly about Stella's capabilities and skills and doesn't want to hurt her feelings, so I said OK." What do you say? What do you do? This is a scenario about standard 1--promoting and practicing independent living philosophy. Why? 1. Why does the center have a policy which states that staff should not attend meetings without their consumers present? 2. What are the relative benefits of staying at the meeting without Stella versus leaving until she is able to attend? Scenario 5--You Can't Do That. It's Reverse Discrimination You are a self-employed trainer and consultant who is working with centers for independent living on compliance with the new standards for centers in the Rehabilitation Act Amendments of 1992. You have ten years of experience working in and with centers. You have covered independent living history and philosophy with the board of directors and staff of a newly funded Title VII, Part C center. Most of this information is brand new to the group, even though they wrote a successful grant application and were funded through the Rehabilitation Service Administration's peer review process. You are now discussing the definition of a CIL, the assurances it must make, and the standards it must meet. You point out how consumer control is measured in centers-- the majority of the board of directors must be people with significant disabilities; the majority of the staff must be persons with disabilities; the majority of the decision-making staff must be persons with disabilities; and the center must report the number of persons with significant disabilities on staff. In addition, you explain that a center must take affirmative action, under Section 503 of the Rehabilitation Act, to recruit, hire, train, and advance in employment persons with disabilities. The services manager of the new center raises her hand and asks, "Isn't this reverse discrimination? I'm not disabled and I think this is reverse discrimination. Why should I hire people with disabilities when there are many people without disabilities who are more qualified for some of the jobs we have?" What do you say? This is a scenario about standard 1--promoting and practicing the independent living philosophy. Why? 1. Why are these standards of consumer control written into the Rehabilitation Act Amendments of 1992? 2. How do you define the word "qualified?" 3. Does having a disability mean that someone understands and practices the principles of independent living philosophy? 4. Why might a center hire a non-disabled services director? Scenario 6--Sorry. Nobody Here Knows Sign Language You are the only independent living skills trainer in the office. The center's new receptionist/secretary comes into your office, looking flustered. "There is someone in the lobby who must be deaf. He keeps signing to me and I can't understand his speech. What do I do?" You tell her you'll take care of this. You go to the lobby and wave to the man. You write out a note, saying "Sorry. Nobody here knows sign language" and pass it to the man. He looks at you, shrugs, and then writes back, "Need help now. Wife sick. We new to city. No doctor. Boss said you help." You look at him and write back, "I'm really sorry, but I don't sign and neither does any other staff member. If you want to make an appointment, we will find an interpreter. We usually refer persons who are deaf to the Speech and Hearing Center where qualified interpreters provide a wide range of services. Let me get their number for you." You look up and watch his reaction as he reads. He looks like he is getting really mad. You rush off to get that telephone number and when you return, he has gone. The receptionist/secretary says, "He just left, slamming the door behind him. I guess he won't be back soon." You think for a moment. Have you done something wrong? This scenario depicts a violation of standard 1--practicing and promoting the independent living philosophy. How? This is a scenario about standard 2 primarily--serving individuals with a range of significant disabilities. Why? 1. What are the forms of accessibility that a center must provide in order to provide services to and welcome any potential consumer, regardless of disability type? 2. Should centers have available lists of physicians for referral? If not, how would you handle this potential consumer's request? 3. What is your center's policy on communication access? 4. How does your center handle other types of accessibility issues, such as providing materials in alternative formats? Scenario 7--How Can You Determine What Cross-Disability Means? You are a peer reviewer for new Title VII, Part C grants. You are a member of a panel of three peer reviewers meeting in Washington, D.C., to analyze and to recommend for funding grant applications to establish new centers. Your panel has been given nine proposals--five from one state and four from another. You just finished your review of the proposals and are meeting with your peer review panel to discuss your scores and assessments. You are very concerned that the first grant applicant does not indicate a commitment to cross-disability approach. The organization had been funded the previous three years with Part B funds, administered through the state blind agency. Although it called itself an independent living center during that period, it served only people who were blind. In the present proposal, the organization says that it will serve all disability groups once fully funded and that it has served people who are blind and also have other disabilities in the past. You are not convinced. You see no clear evidence that the organization is ready or understands how centers for independent living incorporate cross-disability philosophy into everything they do, including advocacy and provision of services. The applicant even included a percentage breakdown of disability population in its proposed service area, but did not indicate the numbers of different disability types it proposed serving. You don't think this center meets standard 2. Your fellow peer reviewers think this organization has an excellent track record and should be funded. They also don't want to make waves with the blind community. You do not think the applicant should be funded, and say to your panel that you don't care what single disability group has been served, a center must be cross-disability to meet federal standards. How do you resolve this issue within your peer review panel? What recommendations do you make in your peer review comments? This is a scenario about standard 2--serving people with a range of significant disabilities. Why? 1. Should this applicant be funded? 2. What are some of the issues the peer review panel should take into consideration before it makes a final decision about whether or not funding should be recommended? 3. If you cannot convince the other two reviewers that the applicant should not be funded, what can you do as a single peer reviewer. 4. What other evidence could you look for which would indicate that the applicant understands and would practice a cross-disability approach if funded? Scenario 8--I Don't Know. What's an Independent Living Goal? You are a new peer counselor at a small town center for independent living. You have a few years of college in a social work program and you have been a client of many social service agencies and the vocational rehabilitation program. You have been through an orientation with your supervisor, a training on independent living history and philosophy, and some peer training from other peer counselors on how to complete the documentation and paperwork required for serving people as a peer counselor. The paperwork makes you dizzy, there's so much of it. There is an application for services, an intake form, an independent living assessment form (one short form and one long form), a written independent living plan form, case notes, consumer time record, and a consumer evaluation survey. You do not clearly understand why there is so much documentation required, but you have been told that the center won't get its funding if it is not done thoroughly. After your orientation, you get your first referral. A new consumer, Sandy, has come to the center at the suggestion of her vocational rehabilitation counselor. She is not clear about why she has come, but her vocational rehabilitation counselor apparently told her that the center could help her. You talk with Sandy for about fifteen minutes, trying to understand what she wants to accomplish with her life. You have told her a little about the center and asked her to complete the application for services. She completes the application form but tells you that she doesn't know what she wants. When you ask her what her goals are, she says, "I don't know. What is an independent living goal?" You explain that she can live independently in spite of her disability and that you can show her how, but it is up to her to decide if she wants to do this and what lifestyle she would like to have. Sandy seems confused about what is possible, so you ask her for another appointment when you can discuss these things more fully. She says OK and you set a date for next week. After Sandy leaves, you try to fill out all the paperwork. Your peers have told you that Sandy must have an independent living goal if you are to serve her. So, you complete a short independent living assessment form, giving her a goal of "exploring career options," and "finding accessible housing." But you are unsure about what to do with the intake form and the long assessment. Why might these forms or their use violate independent living philosophy? This is a scenario about standard 3--facilitation of development and achievement of independent living goals. Why? 1. Why does this center have so much paperwork? 2. What is the value of the various forms this peer counselor is expected to complete? 3. How can a center's staff facilitate development of a person's independent living goals without doing intakes and assessments? 4. How can a center's staff facilitate the achievement of a person's independent living goals without violating the independent living philosophy principle of "consumer control?" Scenario 9--But the Board Doesn't Think We Should Do Advocacy You are an executive director of a small center in a suburban, primarily middle and upper class area. You have a board of 11, 8 of whom are people with significant disabilities and most of whom work for other social service agencies in your service area. Now that the Rehabilitation Act has changed, you can use the law to promote a stronger advocacy agenda. You have always feared that your image in the community is only that of a service provider and that you could do much more if your center engaged in systems change activities. Knowing that many board members work for social service agencies, are heavily influenced by their professional status in the community, and may be a bit resistant to this new direction for the center, you bring in an outside consultant to facilitate the development of an advocacy plan. The consultant has planned a one-day retreat of board and staff to map out the center's advocacy vision, to identify obstacles to that vision, to develop strategic directions to remove the identified obstacles, and to get individuals involved in teams which follow through on planned action steps. The consultant is well-respected in the independent living community, so you feel confident that problems with social service agency board members can be overcome during the retreat. After the consultant does some warm-up exercises, he asks the group to identify the pieces of its systems change vision. To your dismay, several of the social service agency representatives tell the consultant that the center is not permitted to do lobbying or systems change activities. They explain to the consultant that the center can do individual advocacy, but that most professionals treat each other with respect in this community and do not advocate against each other or each other's agencies. The consultant tries to explain that the new standards for centers mandate systems change activities and suggests that centers can even lobby legislatures as long as they keep their "financial house in order." Several members of the board argue with the consultant, and it looks as if the day's plans are quickly going down the drain. What do you say and do? This is a scenario about standards four and six--increasing the availability of and improving the quality of community options and increasing community capacity. Why? 1. What types of systems advocacy can a center do? 2. What is a center prohibited from doing if it receives Title VII, Part C funding? 3. Why would a center select social service agency personnel to be on its board? How could they be helpful? How could they be harmful? 4. Can a center be part of a community's social service family and, at the same time, be a strong systems advocate? 5. Can a center engage in lobbying activities? Scenario 10--We Have Provided Public Education to More Than 1,000 People You are the executive director of a center in a state where there are ten other centers. You meet with your fellow executive directors about every other month to discuss issues of mutual concern and interest. Now that the indicators have been published for compliance with the federal standards, you all plan to discuss how you will report your indicators. There is one center about which you have always had some grave concerns. As far as you can tell, the center never engages in any systematic advocacy. The center has had several directors in the seven years you have been in the state. None of these directors participated to any extent in any legislative activity in the capitol, even though they seem to be supportive of such advocacy during meetings and discussions of the group. You are particularly curious about how this present center director will respond to the indicators for standards four and six--the systemic change standards. After everyone settles down and shares some personal news, you ask if each director would share some of their personal ideas about how they will respond to the community advocacy indicators. The first two directors talk about their current advocacy plans which cover such issues as interpreters at public meetings and in hospitals, elimination of curbs, increased use by vocational rehabilitation counselors of supported employment, personal assistance services, and on-the-job training services for their clients, and a push to get the governor to appoint more CIL representatives to the statewide independent living council (SILC). The director about which you are curious has the next turn. "We have provided public education to more than 1,000 people. We issue our newsletter to 500 people every two months. We provide technical assistance to about 20 agencies each year, and we are trying to start an ADA education program . . . but we haven't had much success with that one yet. I think our greatest strength is our individual advocacy program where our staff served over 200 clients last year alone. Overall, I'm pleased with our advocacy activities to date." What do you say? What do you think your fellow directors will say? This is a scenario about standards four and six--increasing the availability of and improving the quality of community options/increasing the community's capacity. Why? 1. To what extent is a center which is providing public education, newsletters, technical assistance and disability sensitivity training meeting standards four and six? Why? Why not? 2. Can CILs advocate for change at the state government level? Does this violate lobbying rules of the federal funding received under Title VII, Part C? 3. What steps can be taken by a center which wishes to become more involved in community advocacy activities? 4. How can a center engage in systemic advocacy, grass roots lobbying, and direct lobbying of elected officials? 5. Should CIL directors discuss these issues openly? Is the movement strengthened or hurt by discussing these issues? Scenario 11--Advocacy Is Not Always Individual Advocacy You are a new board member of a small center in a rural area. You have not been very involved with the center until now, and you are just beginning to learn about the independent living philosophy. Your own personal career has been rather shaky. You went to a special, segregated high school and enrolled in the regional community college. You found the community college neither friendly nor very accessible. You were always late to class because it took so much longer for you to wheel from building to building than it took those who walk. You asked professors to change classrooms for you, but they were usually hostile and nothing ever seemed to happen. You live at home with your mother and father and two younger brothers. You dropped out of the community college when your father offered to help you set up a baseball card swap shop at the local mall. You are not sure why you were asked to join the board--it is probably because you are now a business owner and they needed someone with a disability who works in the community. You are attending your first board training and the issue of advocacy has just come up for discussion. The executive director is explaining that the center takes a two-pronged approach to advocacy--assistance for individuals who request support for an individual problem and systems change activities to eliminate discriminating policies, remove barriers, increase or improve service delivery systems, or secure "consumer control" over a support service. Each board member is being asked to volunteer for one systems change advocacy effort this year, and it is your turn to speak. "I had real trouble at the community college. They never removed the snow and the curb cuts were really bad. I couldn't make it to class on time. I tried real hard, but I could never make it on time. And the paratransit service was so unreliable. I don't know what kind of advocacy project I could do, but I know I needed help with the community college." The executive director suggests that your issues may be an individual advocacy example rather than systems advocacy. She asks you to explain further how the college was or was not in compliance with section 504 of the Rehabilitation Act or the Americans with Disabilities Act. What do you say? This is a scenario about standards four and six--increasing the availability of and improving the quality of community options and increasing the community's capacity. Why? 1. Why should board members be involved in systems advocacy planning and implementation? 2. How does your center distinguish between individual and systems advocacy? 3. What kinds of systems advocacy does your center conduct? 4. What kinds of systems advocacy activities need to be started in your community and/or state? Scenario 12--Consumer Satisfaction Must Exceed 80% of Surveys Returned You are the executive director of a center for independent living in a state where federal Title VII, Part C funds flow through your state vocational rehabilitation agency. The state agency wants to work out an agreement with all centers about what information will be gathered from centers, including those requirements of the federal government, and how the state might measure consumer satisfaction. A program evaluator who has worked with the state vocational rehabilitation agency for 25 years has been assigned to work with the state's center directors on a customer satisfaction survey form and to develop a schedule for how often centers will survey their consumers on issues of satisfaction. You are meeting with the program evaluation person and your fellow executive directors. The program evaluator has designed a survey form that looks much like the state agency's annual "needs assessment" form. You raise some serious questions about how such a form can measure consumer satisfaction based upon the services that were provided or the advocacy that was conducted. The program evaluator says, "Oh, that is not as important as learning what service needs are still unmet. We won't rest until we get consumer satisfaction rates of 80 percent or higher on all surveys returned. And, we want a 70 percent return rate of the surveys. This will give us invaluable data for future planning, and I know the SILC would like to have this information as a part of its monitoring role over the state's plan." You ask how this draft form will address consumer satisfaction with the way the center practices independent living philosophy or how it will measure staff attitudes and approaches. The program evaluator tells the group, "The new Rehabilitation Act seeks consumer satisfaction to determine whether or not centers are providing adequate independent living services, not how the consumer feels about philosophy or attitudes. Centers are established to meet consumers' needs, and so, if a center is not meeting those needs, it must reconfigure what it is doing." What do you say? This is a scenario about standard five--provision of core services (information and referral, advocacy--individual and systems, independent living skills training and peer counseling). Why? 1. What is the primary purpose of a customer satisfaction survey? 2. What might be other approaches to determining consumers' needs? What advantages might they offer that are not available from consumer surveys? 3. How does independent living philosophy apply to development and implementation of a consumer satisfaction survey? Scenario 13--And How Many People Have You Prepared and Referred to VR? Your center is funded through Title VII, Part C which is passed through your state agency. As executive director, you have worked with the board to develop policies which support the independent living philosophy throughout the center. While your funding comes through the state vocational rehabilitation agency, you have made it clear to staff that referrals to or from the state agency are not to be treated any differently than any other referrals. The center only takes referrals from people with disabilities themselves, not from professionals or staff of service providers. When the state's new reporting form arrives, you are surprised to see a category labeled: _____Number of cases referred to VR _____Number of cases referred from VR You immediately call the independent living program liaison at the state VR central office to check on this form. She tells you that the federal government wants to ensure that centers are working cooperatively with state agencies, particularly the vocational rehabilitation agency. The VR staff felt it was critical to get a monthly, quarterly, and annual count of the number of VR referrals--both to and from--to check on how well centers were cooperating with the state VR agency. She points out that no other center director has called her about this, but knowing you as she does, she fully expected to hear from you about this. "Why don't you just learn to cooperate? You know you don't have to play the role of advocate on EVERY issue. Is it really that difficult to record this data when you know how helpful it will be to us?" What do you say to her? What do you say to your fellow center directors? This is a scenario about standard five--provision of core services (information and referral, advocacy--individual and systems, independent living skills training and peer counseling). Why? 1. Why does the state agency need to know the number of referrals made to or from your center? 2. Why does the state agency use the word "cases?" 3. What do you think "working cooperatively" means? 4. Why might a center resist collection of this information? 5. What would your board, staff, and fellow directors say to this request from the state agency? 6. If you do not receive what you consider to be satisfactory responses from your fellow center directors and/or VR, what steps if any are open to you to try in order to eliminate this question from the reporting form? Scenario 14--I Have So Many Advocacy Commitments You are an independent living specialist with a center in an urban area. One of the most frequently mentioned problems facing your consumers who use wheelchairs is the lack of curb cuts. In fact, in the last two or three years, the number of angry consumers who are ready to do something drastic about the curb cut problem seems to be growing by leaps and bounds. You bring this issue up at your next meeting of services staff, suggesting several approaches to getting consumers organized to take some advocacy action. The executive director is chair of the Mayor's Committee on Disability Issues, an advisor to the state's assistive technology project, a member of the UCP/ARC housing committee, and the local transit authority's paratransit advisory board. He is also under consideration for a seat on the statewide independent living council (SILC). When you bring up your ideas for developing a grass roots group to file complaints and to take other advocacy actions against the city, the executive director starts to grind his teeth. He says, "I have so many advocacy commitments now, I don't think it is a good time to take on a new issue. Besides, we have our five-year plan in place, we're making headway on the plan, and curb cuts were not a part of the plan." What do you do? This is a scenario about compliance with standard 6--increasing the community's capacity. Why? 1. Is sitting on an advisory group an acceptable form of systems advocacy? Is civil disobedience? 2. How does a center go about setting an advocacy agenda? Who should be involved? What process should be in place which enables subordinate staff a role in setting advocacy agendas? 3. How does a center evaluate the impact and outcomes of its advocacy activities? Is it worth the effort? Scenario 15--The Money You Raise Must Be Subtracted from Your Grant You are the board president of an urban/suburban center for independent living. Your center is 15 years old and is doing well financially and programmatically. You and others affiliated with your center were active in making changes to the Rehabilitation Act when it was reauthorized in 1992. And, you were delighted when standard 7 was added to the law, mandating that centers raise funds from sources other than Title VII. Your center had developed a five-year funding plan in 1991. It called for the hiring of a development director by 1993. The plan's primary goal is to increase its private funds from less than 5 percent of the center's total budget to at least 15 percent by 1995. Once the new Title VII was law, the center revised its budget so that the development director could be hired with Title VII money. This allowed the center one full-time position for resource development. Your development director was hired in May 1993. During the 1993 calendar year, she was able to generate $25,000 in private funds. She is moving now toward a $50,000 goal for 1994. The board is excited and actively involved in fund raising for the first time. The executive director is thrilled to see such action. And consumers are supporting the center's fund-raising activities in ways that had not been imagined. Your center director just called to tell you that he had received a call from the regional RSA office about the annual financial report submitted in December 1993. This report covered the time period of October 1992 through September 1993, and included the $25,000 raised. The RSA employee told the executive director that a portion of this money would have to be returned to RSA since it was raised by staff funded with Title VII money or it could be subtracted from the 1994 grant total. Your director argued with the regional RSA person to no avail. The RSA staff member even said that Title VII was supposed to be spent on services, not on fund raising. The executive director has called the Washington, D.C., office to check on this interpretation but had no success thus far. He is very upset and is calling you for support. What do you do? This is a scenario about standard 7--developing resources from sources other than Title VII. Why? 1. Where in the law or regulation does a problem with fund-raising using Title VII Part C funding exist? 2. Does the regional RSA staff person have final authority over how Title VII Part C and EDGAR rules are interpreted? 3. How can you work with RSA staff to resolve a difference in interpretation of law and regulation? 4. How can your board president assist in securing an interpretation favorable to your center? 5. Do you think there is room for interpretation over an issue like the one in this scenario? 6. If the regional office's interpretation is upheld, what more can be done to enable the center to keep the money it raises? Scenario 16--Charging Fees for Services Your center initiated a fee-for-service program a few years ago to generate new funds and to hire additional staff with disabilities. You are now receiving: private insurance dollars for individuals recently injured who need technical assistance to return to the community; state and federal money through the developmental disabilities department for independent living skills training; local, community mental health funds for peer counseling; and state funding from the new head injury program for management facilitation of personal assistance services. As the center's executive director you are pleased with how well the fee-for-service program is working. It is netting more dollars than you anticipated and has enabled you to add several additional staff. The RSA regional office administers your federal Title VII, Part C grant. After reviewing your annual report, an RSA employee calls to discuss your "program income." You understood that dollars earned with Title VII funds could be saved for future development and expansion of the center's programs. You had, therefore, used some Title VII, Part C money (about 40 percent) to support some of the development staff. The RSA staff implied, but was not terribly clear, that program income must be returned to RSA unless there have been pre-grant award arrangements made for the use of this money. Even if such arrangements have been made, the RSA representative says that program income must be spent within the next fiscal year. You are confused and concerned. What do you decide to do? From whom can you receive technical assistance on this issue? This is a scenario about standard 7--developing resources from sources other than Title VII. Why? 1. Why might RSA believe that fees generated by grant-supported staff are "program income?" Why might they be incorrect? 2. What kinds of difficulties can you run into when implementing a fee-for-service program? 3. Could fees-for-services compromise your center's commitment to independent living philosophy? How? 4. What steps are available to you, if any, if the RSA regional office does not accept your interpretation of this regulation? LEARNING OBJECTIVES FOR SCENARIOS Learning Objectives for Scenario 1--Determining Eligibility 1. To understand how few statistics and other documentation are required under the new Title VII, Part C requirements. 2. To understand how an individual can be determined "eligible" for services of a center based upon the definition of "significant disability." 3. To understand how a center can serve an individual who self-identifies as meeting the federal definition. 4. To understand how a center can serve an individual with a significant disability without developing an independent living plan. 5. To understand how agency laws may be interpreted differently by advocates and government officials. 6. To be able to respond appropriately when government officials tell you, as a center director, to do something a particular way--when you believe that the instruction is not a correct legal interpretation of a law or regulation. 7. To understand how the independent living philosophy applies to actual service delivery within a center. 8. To be able to think and to act appropriately when first encountering people with disabilities as they come to a center for independent living--as compared to how they are treated by some more traditional service providers. Learning Objectives for 2--But We Need This Information to Serve Joan Effectively 1. To understand how educational training can affect one's ability to practice independent living philosophy. 2. To understand how intrusive and perhaps unnecessary it can be to collect information about people with disabilities for center purposes. 3. To understand how to distinguish what the consumer wants from a center as opposed to what a staff member wants. 4. To understand how the independent living philosophy applies to actual service delivery within a center. 5. To be able to practice independent living philosophy when it comes to ensuring that the "consumer" has control over his or her life, including such things as records of service providers. 6. To understand the difficulty to supervising someone who has been trained to behave in one way. 7. To be able to conceptualize and then to provide training on independent living philosophy to employees of centers. Learning Objectives for 3--All I Need is a Chain Saw 1. To understand the difficulty of pursuing a real goal through the vocational rehabilitation system. 2. To understand how "independent living" and "significant disability" may be misinterpreted. 3. To understand the role of a peer counselor in promoting and practicing the independent living philosophy. 4. To understand how the independent living philosophy applies to actual service delivery within a center. 5. To be able to think through how to support someone like Eugene in securing needed services and funding through the vocational rehabilitation program. 6. To understand how to use an appeals process or the Client Assistance Project. Learning Objectives for 4--Where Is Stella? 1. To understand the difficulty of supporting an individual with a disability in the special education system. 2. To understand the pressures placed on children in special education by professionals and family members. 3. To understand the role of a center's transition specialist in promoting and practicing the independent living philosophy. 4. To understand how the independent living philosophy applies to actual service delivery within a center. 5. To distinguish between the role of being an advocate and the role of being a support person for an individual with a disability who can speak for herself or himself. 6. To understand the critical importance of asking professionals and others to not meet or to cease a meeting when the individual being discussed is not present. 7. To be able to stop such a meeting from taking place. 8. To understand that attending the meeting without Stella present violates independent living philosophy and practice. Learning Objectives for 5--You Can't Do That. It's Reverse Discrimination 1. To understand how the principles of "consumer control" are practiced in governance and staffing of a center for independent living. 2. To understand the basic requirements of centers which are included in definition, assurances, and standards of Title VII. 3. To understand how some individuals might react to majority control by people with disabilities within a center. 4. To think about why majority control by people with disabilities might be upsetting to some people. 5. To be able to explain to someone why having the majority control of a center for independent living is important. 6. To understand how the independent living philosophy of consumer control applies to actual staffing within a center. 7. To think about how the word "qualified" could be used to support principles of independent living and consumer control (and reversely, how the word "qualified" has been used to discriminate against people with disabilities in the past). Learning Objectives for 6--Sorry. Nobody Here Knows Sign Language 1. To understand how accessibility applies to people who are deaf. 2. To understand the necessity of providing interpreter services to be accessible to the deaf community. 3. To understand that referrals to other agencies is not appropriate for a center for independent living which is mandated to provide its services to a cross-disability population. 4. To understand how the independent living philosophy applies to actual service delivery within a center. 5. To understand that a person's first impression of a center is the most important form of public relations conducted. 6. To know how to be able to respond quickly to the needs of a "drop-in" potential consumer. Learning Objectives for 7--How Can You Determine What Cross-Disability Means? 1. To understand that cross-disability service delivery is essential to meeting federal standards for independent living centers. 2. To develop an understanding of the review process for a federal grant application for Title VII, Part C funds. 3. To understand how cross-disability relates to practice of independent living philosophy. 4. To be able to respond to single disability group pressure when a cross-disability approach is clearly mandated. Learning Objectives for 8--I Don't Know. What's an Independent Living Goal? 1. To understand a typical reaction of a potential consumer. 2. To understand the reason behind the newly legislated "waiver" of an independent living plan for consumers of center services. 3. To understand the flexibility given to center staff in how they work with consumers under the new Rehabilitation Act Amendments of 1992. 4. To understand how the independent living philosophy applies to actual service delivery within a center. 5. To understand the problems of using traditional service delivery documentation methods in independent living centers. 6. To understand how some demands for paperwork can facilitate staff violation of independent living philosophy, such as the principle of consumer control. 7. To be able to question the need for specific types of documentation and/or forms used by centers in their services programs. 8. To be able to confront one's own center policies and procedures related to documentation and management information systems in terms of how they may violate independent living philosophy or lead staff (paid or unpaid) to violate independent living philosophy. Learning Objectives for 9--But the Board Doesn't Think We Should Do Advocacy 1. To understand the importance of systems change advocacy work within a center's mandate. 2. To understand how individual board members, based upon their own biases or perceptions, can influence center policy. 3. To understand potential "conflicts of interest" or "self-dealing" with board members who work for other disability organizations. 4. To understand how the independent living philosophy applies to center standards four and six. 5. To be able to plan for systems advocacy activities for your center. 6. To be able to confront board members who do not know or understand issues consistent with law and/or regulations (in this case, the Rehabilitation Act Amendments of 1992 and the Internal Revenue Code). 7. To understand the language and intent of standards four and six--to increase the availability of and improve the quality of community options and to increase the community's capacity. Learning Objectives for 10--We Have Provided Public Education to More Than 1,000 People 1. To understand that public education is not necessarily systems advocacy. 2. To understand that centers must assess their communities to determine which options meet the independent living needs of the disabled community and which do not. 3. To understand that centers must assess their communities to determine the capacities of these same communities to support people with disabilities trying to or living independently. 4. To understand how the independent living philosophy applies to center standards four and six. 5. To understand how difficult it might be to agree on reporting methods for all the centers within a state. 6. To be able to disagree with fellow directors and still work together on issues of common concern. 7. To be able to report your center's compliance with standards regardless of what other centers in your state do and how they do it. 8. To understand that identical reporting and evaluation systems among all centers is not necessary. Learning Objectives for 11--Advocacy Is Not Always Individual Advocacy 1. To understand the difference between individual advocacy, such as 504 or ADA compliance for a person, and systems advocacy, such as working with a college to increase its accessibility and policies guiding reasonable accommodation. 2. To understand how difficult it is for many individuals with disabilities to distinguish between their personal needs and the systems which have discriminated against them. 3. To understand how the independent living philosophy applies to center standards four and six. 4. To be able to identify broad systems advocacy goals from the experiences of individuals with disabilities in the community. 5. To understand the importance of board participation in systems advocacy planning and implementation. Learning Objectives for 12--Consumer Satisfaction Must Exceed 80% of Surveys Returned 1. To understand the meaning of "consumer satisfaction" within the context of the Rehabilitation Act Amendments of 1992 and the independent living philosophy. 2. To understand how the state vocational rehabilitation agency might look at the issue of "consumer satisfaction." 3. To understand the impact of independent living philosophy on what services a center might provide. 4. To understand how the independent living philosophy applies to the provision of core services--advocacy (individual and systems), information and referral, independent living skills training, and peer counseling. 5. To understand the purpose of "consumer control" and its relationship to evaluating "consumer satisfaction." 6. To understand the pressures placed upon centers to satisfy all the needs of individuals with disabilities rather than advocate for systems changes so that people with disabilities get the services they need from appropriate, existing service providers. 7. To be able to offer approaches for obtaining consumer input that are more useful alternatives to consumer satisfaction surveys, which only address surface level issues of services provided. 8. To be able to develop a customer satisfaction mechanism which is rooted in independent living philosophy and consumer control. Learning Objectives for 13--And How Many People Have You Prepared and Referred to VR? 1. To understand the impact independent living philosophy has on the practice of documentation and data collection within a center. 2. To understand how the independent living philosophy applies to the provision of core services--advocacy (individual and systems), information and referral, independent living skills training, and peer counseling. 3. To understand the difference between "working cooperatively" with a state agency and tracking where referrals for center services come from, directly or indirectly. 4. To understand how a funding source can interpret federal law differently than a representative of a center might. 5. To understand a center's obligations for reporting under the Rehabilitation Act Amendments of 1992 in relation to what a state can request of a center. 6. To be able to respond appropriately to a state agency's request for data which your center thinks is unreasonable or unnecessary. Learning Objectives for 14--I Have So Many Advocacy Commitments 1. To understand the importance of systems advocacy within a center. 2. To understand the difficulty of conducting systems advocacy when there are conflicting personal or organizational goals in place. 3. To understand the power of bringing together people who recognize the same problem and are willing to do something to resolve it. 4. To understand how the independent living philosophy applies to center standard six, increasing the community's capacity to support people with disabilities who desire or need to maintain independent living. 5. To understand the difficulty of confronting the executive director who is unwilling or unable to support your or other staff advocacy issues. 6. To be able to facilitate formation of community-based advocacy groups based upon issues identified by people with disabilities as needing resolution. Learning Objectives for 15--The Money You Raise Must be Subtracted From Your Grant 1. To understand why standard 7 was included in the Rehabilitation Act Amendments of 1992. 2. To understand the difficulty of changing the law when a conflict with existing regulations may exist (in this case, the conflict is within the Education Department Guidelines and Administrative Rules or EDGAR). 3. To understand how Title VII funding can be used to support the salaries of individuals conducting fund-raising. 4. To understand the importance of board support on critical questions of concern to center staff. 5. To understand the power of the board president to inquire, on behalf of the center's board of directors, why a certain interpretation of law has been given which may have an adverse effect on the center. 6. To be able to support center staff as a member of the board of directors. 7. To be able to research and to understand federal and state laws, regulations, and rules for the benefit of your center. Learning Objectives for 16--Charging Fees for Services 1. To understand the value and potential problems of fee-for-service funding mechanisms. 2. To understand the relationship between fees-for-services and grant funds under Title VII, Part C. 3. To understand how a combination of fees generated by service provision and grant funds can support individual job positions within a center. 4. To understand how to safeguard income generated by fees-for-services when staff providing services are funded by both grant and fee sources. 5. To understand how laws and regulations may be interpreted differently by federal officials and center personnel. 6. To understand how difficult it might be to secure an interpretation of laws and regulations supportive of your own. 7. To understand how to work through such problems within the center's staff and board of directors. 8. To be able to research and to understand federal and state laws, regulations, and rules for the benefit of your center. TERMINOLOGY RELATED TO THE LEGISLATIVE AND REGULATORY PROCESS LAW--A requirement passed or enacted by a government body which must be obeyed by everyone over whom that governmental body has authority. An example of a law is the Americans with Disabilities Act (ADA) which, as a federal law, applies to individuals and organizations across the country. State, county, and local governments may also pass laws related to disability that apply to both persons living in and organizations operating in areas covered by those governments. Generally, in cases where federal laws differ from state, county, and local laws relating to disability or other issues, the more strict version of the law--or the version requiring the most from individuals and organizations covered--must be observed. STATUTE--The text of a law that has been passed by a legislative body. Statutes provide details about what is meant by a law that has been passed. Statutes passed by the United States Congress are put together or "codified" in a set of books known as the United States Code. This is usually abbreviated as USC. REAUTHORIZATION--The process of extending a law that covers a specified time period. Most laws that create programs and services--such as the Rehabilitation Act that established medical, vocational, and independent living services for people with disabilities--must be reviewed and reauthorized by legislative bodies periodically. This process is designed to provide some assurance that programs and services continue to address needs of individuals or groups for whom they were initially created through the legislative process. The reauthorization process provides opportunities to correct problems with legislatively mandated services and programs that may not have been anticipated when the legislation was passed initially. The positive changes in the federal independent living program--strengthening the commitment to consumer control and adherence to the independent living philosophy--were facilitated by the fact that the Rehabilitation Act needed to be reauthorized in 1992. This provided a window of opportunity to inform legislators and their staffs about changes in the Act that would strengthen the independent living program and improve community-based services for people with disabilities. It is important that independent living and disability rights advocates become familiar with the reauthorization schedules for all disability-related legislation. Advocates can then be actively involved in informing legislative personnel and policy makers about problems with the legislation that should be addressed in the reauthorization process. For example, the Individuals with Disabilities Education Act (IDEA) legislation is up for reauthorization in 1994. AMENDMENTS--Changes in laws that had been passed previously. When existing legislative programs are modified through reauthorization or through other legislative processes, the modified act is said to be "amended." Thereafter, the legislation is often referred to with its original name followed by the term "amendments" and the year in which the latest amendments were passed by the legislature. It is important to remember that amendments to legislative programs may involve relatively modest changes to the original legislation or may involve rewriting legislation in whole or in part so that the amendments result in significantly different legislation than was passed initially. The Rehabilitation Act Amendments of 1992 resulted in major modifications of several titles of the Act, including Title VII dealing with independent living. TECHNICAL AMENDMENTS--Even after legislation has been passed by a legislative body, new information may come to light or new interpretations of previously existing information may emerge that result in changing the wording of the legislation through a process called "technical amendments." Technical amendments are done through an expedited legislative process requiring significantly less time than is usually necessary for passage of a law. It is important to determine what, if any, technical amendments may have been made to legislation previously passed. Technical amendments may involve minor changes in spelling or grammar, or may include significant alterations, such as the technical amendments to the Rehabilitation Act Amendments of 1992 adding training for the statewide independent living councils (SILCs) to the list of purposes for which Title VII funding might be used. CITATION--Once laws are passed and statutes are written, they can be "cited" by individuals and organizations responsible for implementing the law. Citations are used to refer to specific sections of the law that might apply in various situations. When "citing" a section of the law, the abbreviation " " is usually used to mean "section." If two are used, then more than one section of a law is being cited. Also, in cases where sections of a law that follow one another are cited, the abbreviation "et seq." may be used. Et seq. stands for "et sequentia," meaning "and the following ones." Whenever a citation lists a section ( ) number followed by et seq., it refers to the section cited and the sections that follow it. Citations may also refer to titles, chapters, and parts of an act, as in the case of the Rehabilitation Act, which has nine titles divided into chapters and parts and referred to as sections throughout the Act. LEGISLATIVE HISTORY--The reports generated by various legislative committees in the process of creating a law. During the process of creating legislation, several Congressional committees are usually involved in gathering information that is used in drafting the law and in creating regulations to implement the law. These committee reports and supporting documentation are assembled and retained for use later in implementing the law and interpreting questions about compliance with the law. The documents in which committee reports are contained represent the "legislative history" of a Congressional act. These documents are referred to often by regulatory bodies charged with implementing legislation and may be used by members of the judicial branch if legal action is taken by someone claiming non-compliance with the law by a public or private entity. The legislative history can be very important to advocates and consumers who are working to assure that laws are implemented in accordance with their original intent. REGULATIONS--The guiding rules prepared by governmental agencies with statutory authority for implementing laws that are passed by legislative bodies. The regulations developed for a law tell individuals and organizations what they are expected to do in order to be in compliance with the law. As was the case with the ADA, there may be several government agencies responsible for developing and implementing regulations involving education, legal processes, transportation, and other areas covered by the law. NOTICE OF PROPOSED RULEMAKING--An announcement that a governmental agency is engaged in developing regulations to implement new or amended legislation. Whenever governmental agencies are charged with developing regulations to guide implementation of legislation, they are required to solicit input from persons affected by the legislation. For most disability-related laws, this is done through publication of a "notice of proposed rulemaking" in the Federal Register. These notices provide information about the legislation and draft regulatory statements, as well as about the date by which comments on the proposed regulations must be received and the address to which comments should be sent. It is of vital importance that individuals with disabilities and organizations representing individuals with disabilities respond to these notices in a timely fashion when the proposed regulations have to do with disability-related legislation. Monitoring the Federal Register for such notices is a very important activity. CODE OF FEDERAL REGULATIONS--The complete description of all regulations pertaining to specific legislation. As is the case with statutes, regulations for various laws are put together in books known as the Code of Federal Regulations or CFR. As with the United States Code referring to statutes, the CFR is divided into sections that may be referred to using the symbol, and may also be divided into titles, chapters, and parts. A good example of this is the Rehabilitation Act, which has Title VII, dealing with independent living, and Chapter 1, Parts A, B, and C, dealing with individuals with severe disabilities, and Chapter 2, dealing with independent living services for older individuals who are blind. CASE LAW--Judicial decisions reached in court cases involving legislation passed by governmental bodies. In many cases, interpretations of federal, state, or local statutes are not clearly stated in the original legislation or in regulations developed to implement the legislation. In such cases, definitive interpretation does not occur until an individual or a group files a lawsuit claiming non-compliance with the legislation by a covered entity. The results of such lawsuits, in which judges rather than legislative personnel make authoritative interpretations of the law in question, then become part of the law itself and may be cited in future interpretations of the law. A measure of the authority of case law rulings in interpreting legislative meaning has to do with the judicial level at which the ruling was made. For federal laws, there are three levels: federal district courts, which are trial courts; federal circuit courts, which are courts in which rulings of federal district courts can be reconsidered; and the United States Supreme Court, which hears appeals from federal circuit courts. Supreme Court rulings are the highest in the federal system and are binding over all other federal court rulings. POLICY DIRECTIVES--Printed materials produced to explain regulations for specified legislative programs. Directives are distributed to representatives of other federal, state, and private agencies with responsibility for implementing programs covered by federal legislation. These directives usually identify procedures to be followed by organizations required to comply with regulations. The directives also indicate the proper office or person to which questions about regulations should be addressed. In cases where forms or other paperwork are required for compliance, copies of forms may be attached to the circular. It is very important to review policy directives carefully in order to understand how federal agencies are interpreting laws and regulations and what these federal agencies are expecting of organizations covered by federal regulations. NOTE: Government agencies also produce and distribute technical assistance circulars. These circulars provide information on best practices and recommendations; they are not mandatory. In contrast, policy directives are based on regulations and are mandatory. THE REHABILITATION ACT OF 1973 AS AMENDED Table of Contents TITLE VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING Chapter 1 - Individuals with Severe Disabilities Part A - General Provisions Sec. 701. Purpose Sec. 702. Definitions Sec. 703. Eligibility for Receipt of Services Sec. 704. State Plan Sec. 705. Independent Living Council Sec. 706. Responsibilities of the Commissioner Part B - Services for Independent Living Sec. 711. Allotments Sec. 712. Payments to States from Allotments Sec. 713. Authorized Use of Funds Sec. 714. Authorization of Appropriations Part C - Centers for Independent Living Sec. 721. Program Authorization Sec. 722. Grants to Centers for Independent Living in States in which Federal Funding Exceeds State Funding Sec. 723. Grants to Centers for Independent living in States in in which State Funding Equals or Exceeds Federal Funding Sec. 724. Centers Operated by State Agencies Sec. 725. Standards and Assurances for Centers for Independent Living Sec. 726. Definitions Sec. 727. Authorization of Appropriations Chapter 2 - Independent Living Services for Older Individuals Who Are Blind Sec. 751. Definition Sec. 752. Program of Grants Sec. 753. Authorization of Appropriations TITLE VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING Chapter 1 - Individuals with Severe Disabilities Part A - General Provisions Purpose Sec. 701. The purpose of this chapter is 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, by - (1) providing financial assistance to States for providing, expanding, and improving the provision of independent living services; (2) providing financial assistance to develop and support statewide networks of centers for independent living; (3) providing financial assistance to States for improving working relationships among State independent living rehabilitation service programs, centers for independent living, Statewide Independent Living Councils established under section 705, State vocational rehabilitation programs receiving assistance under Title I, State programs of supported employment services receiving assistance under part C of title VI, client assistance programs receiving assistance under section 112, programs funded under other titles of this Act, programs funded under other Federal law, and programs funded through non-Federal sources. Definitions Sec. 702. As used in this chapter: (1) Center for Independent Living.- The term "center for independent living" means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency that - (A) is designed and operated within a local community by individuals with disabilities; and (B) provides an array of independent living services. (2) Consumer Control.- The term "consumer control" means, with respect to an entity, that the entity vests power and authority in individuals with disabilities. Eligibility for Receipt of Services Sec. 703. Services may be provided under this chapter to any individual with a severe disability, as defined in section 7(15)(B). State Plan Sec. 704. (a) In General.- (1) Requirement.- To be eligible to receive financial assistance under this chapter, a State shall submit to the Commissioner, and obtain approval of, a State plan containing such provisions as the Commissioner may require, including, at a minimum, the provisions required in this section. (2) Joint Development.- The plan under paragraph (1) shall be jointly developed and signed by - (A) the director of the designated State unit; and (B) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council. (3) Periodic Review and Revision.- The plan shall provide for the review and revision of the plan, not less than once every 3 years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, needs in the State for - (A) the provision of State independent living services; (B) the development and support of a statewide network of centers for independent living; and (C) working relationships between - (i) programs providing independent living services and independent living centers; and (ii) the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities. (4) Date of Submission..- The State shall submit the plan to the Commissioner 90 days before the completion date of the preceding plan. If a State fails to submit such a plan that complies with the requirements of this section, the Commissioner may withhold financial assistance under this chapter until such time as the State submits such a plan. (b) Statewide Independent Living Council.- The plan shall provide for the establishment of a Statewide Independent Living Council in accordance with section 705. (c) Designation of State Unit.- The plan shall designate the designated State unit of such State as the agency that, on behalf of the State, shall - (1) receive, account for, and disburse funds received by the State under this chapter based on the plan; (2) provide administrative support services for a program under part B, and a program under part C in a case in which the program is administered by the State under section 723; (3) keep such records and afford such access to such records as the Commissioner finds to be necessary with respect to the programs; and (4) submit such additional information or provide such assurances as the Commissioner may require with respect to the programs. (d) Objectives.- The plan shall - (1) specify the objectives to be achieved under the plan and establish timelines for the achievement of the objectives; and (2) explain how such objectives are consistent with and further the purpose of this chapter. (e) Independent Living Services.- The plan shall provide that the State will provide independent living services under this chapter to individuals with severe disabilities, and will provide the services to such an individual 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. (f) Scope and Arrangements.- The plan shall describe the extent and scope of independent living services to be provided under this chapter to meet such objectives. If the State makes arrangements, by grant or contract, for providing such services, such arrangements shall be described in the plan. (g) Network.- The plan shall set forth a design for the establishment of a statewide network of centers for independent living that comply with the standards and assurances set forth in section 725. (h) Centers.- In States in which State funding for centers for independent living equals or exceeds the amount of funds allotted to the State under part C, as provided in section 723, the plan shall include policies, practices, and procedures governing the awarding of grants to centers for independent living and oversight of such centers consistent with section 723. (i) Cooperation, Coordination, and Working Relationships Among Various Entities.- The plan shall set forth the steps that will be taken to maximize the cooperation, coordination, and working relationships among - (1) the independent living rehabilitation service program, the Statewide Independent Living Council, and centers for independent living; and (2) the designated State unit, other State agencies represented on such Council, other councils that address the needs of specific disability populations and issues, and other public and private entities determined to be appropriate by the Council. (j) Coordination of Services.- The plan shall describe how services funded under this chapter will be coordinated with, and complement, other services in order to avoid unnecessary duplication with other Federal, State, and local programs. (k) Coordination Between Federal and State Sources. The plan shall describe efforts to coordinate Federal and State funding for centers for independent living and independent living services. (l) Outreach.- With respect to services and centers funded under this chapter, the plan shall set forth steps to be taken regarding outreach to populations that are unserved or underserved by programs under this title, including minority groups and urban and rural populations. (m) Requirements.- The plan shall provide satisfactory assurances that all recipients of financial assistance under this chapter will (1) notify all individuals seeking or receiving services under this chapter about the availability of the client assistance program under section 112, the purposes of the services provided under such program, and how to contact such program; (2) take affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms and conditions required with respect to the employment of such individuals under the provisions of section 503; (3) 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 this chapter; (4)(A) maintain records that fully disclose - (i) the amount and disposition by such recipient of the proceeds of such financial assistance; (ii) the total cost of the project or undertaking in connection with which such financial assistance is given or used; and (iii) the amount of that portion of the cost of the project or undertaking supplied by other sources; (B) maintain such other records as the Commissioner determines to be appropriate to facilitate an effective audit; (C) afford such access to records maintained under subparagraphs (A) and (B) as the Commissioner determines to be appropriate; and (D) submit such reports with respect to such records as the Commissioner determines to be appropriate; (5) provide access to the Commissioner and the Comptroller General or any of their duly authorized representatives, for the purpose of conducting audits and examinations, of any books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under this chapter; and (6) provide for public hearings regarding the contents of the plan during both the formulation and review of the plan. (n) Evaluation.- The plan shall establish a method for the periodic evaluation of the effectiveness of the plan in meeting the objectives established in subsection (d), including evaluation of satisfaction by individuals with disabilities. Statewide Independent Living Council Sec. 705. (a) Establishment.- To be eligible to receive financial assistance under this chapter, each State shall establish a Statewide Independent Living Council (referred to in this section as the "Council"). The Council shall not be established as an entity within a State agency. (b) Composition and Appointment.- (1) Appointment.- Members of the Council shall be appointed by the Governor or the appropriate entity within the State responsible for making appointments, within 90 days after the date of enactment of the Rehabilitation Act Amendments of 1992. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. (2) Composition.- The Council shall include - (A) at least one director of a center for independent living chosen by the directors of centers for independent living within the State; and (B) as ex officio, nonvoting members - (i) a representative from the designated State unit; and (ii) representatives from other State agencies that provide services for individuals with disabilities. (3) Additional Members.- The Council may include - (A) other representatives from centers for independent living; (B) parents and guardians of individuals with disabilities; (C) advocates of and for individuals with disabilities; (D) representatives from private businesses; (E) representatives from organizations that provide services for individuals with disabilities; and (F) other appropriate individuals. (4) Qualifications.- (A) In General.- The Council shall be composed of members- (i) who provide statewide representation; (ii) who represent a broad range of individuals with disabilities; (iii) who are knowledgeable about centers for independent living and independent living services; and (iv) a majority of whom are persons who are - (I) individuals with disabilities described in section 7(8)(B); and (II) not employed by any State agency or center for independent living. (B) Voting Members.- A majority of the voting members of the Council shall be- (i) individuals with disabilities described in section 7(8)(B); and (ii) not employed by any State agency or center for independent living. (5) Chair (A) In General.- Except as provided in subparagraph (B), the Council shall select a chairperson from among the voting membership of the Council. (B) Designation by Governor.- In States in which the Governor does not have veto power pursuant to State law, the Governor shall designate a voting member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a voting member. (6) Terms of Appointment.- (A) Length of Term.- Each member of the Council shall serve for a term of 3 years, except that - (i) a member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed, shall be appointed for the remainder of such term; and (ii) the terms of service of the members initially appointed shall be (as specified by the appointing authority) for such fewer number of years as will provide for the expiration of terms on a staggered basis. (B) Number of Terms.- No member of the Council may serve more than two consecutive full terms. (7) Vacancies.- Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (c) Duties.- The Council shall - (1) jointly develop and sign (in conjunction with the designated State unit) the State plan required in section 704; (2) monitor, review, and evaluate the implementation of the State plan; (3) coordinate activities with the State Rehabilitation Advisory Council established under section 105 and councils that address the needs of specific disability populations and issues under other Federal law; (4) ensure that all regularly scheduled meetings of the Council are open to the public and sufficient advance notice is provided; and (5) submit to the Commissioner such periodic reports as the Commissioner may reasonably request, and keep such records, and afford such access to such records, as the Commissioner finds necessary to verify such reports. (d) Hearings and Forums.- The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council. (e) Plan.- (1) In General.- The Council shall prepare, in conjunction with the designated State unit, a plan for the provision of such resources, including such staff and personnel, as may be necessary to carry out the functions of the Council under this section, with funds made available under this chapter and part C of title I and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan. (2) Supervision and Evaluation.- Each Council shall, consistent with State law, supervise and evaluate such staff and other personnel as may be necessary to carry out the functions of the Council under this section. (3) Conflict of Interest.- While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State agency or any other agency or office of the State, that would create a conflict of interest. (f) Compensation and Expenses.- The Council may use such resources to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties. (g) Use of Existing Councils.- To the extent that a State has established a Council before September 30, 1992, that is comparable to the Council described in this section, such Council shall be considered to be in compliance with this section. Within 1 year after the date of enactment of the Rehabilitation Act Amendments of 1992, such State shall establish a Council that complies in full with this section. Responsibilities of the Commissioner Sec. 706. (a) Approval of State Plans.- (1) In General.- The Commissioner shall approve any State plan submitted under section 704 that the Commissioner determines meets the requirements of section 704, and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Commissioner shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) Procedures.- (A) Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of section 107 shall apply to any State plan submitted to the Commissioner under section 704. (B) For purposes of the application described in subparagraph (A), all references in such provisions - (i) to the Secretary shall be deemed to be references to the Commissioner; and (ii) to section 101 shall be deemed to be references to section 704. (b) Indicators.- Not later than October 1, 1993, the Commissioner shall develop and publish in the Federal Register indicators of minimum compliance consistent with the standards set forth in section 725. (c) On-Site Compliance Reviews.- (1) Reviews.- The Commissioner shall annually conduct on-site compliance reviews of at least 15 percent of the centers for independent living that receive funds under section 722 and shall periodically conduct such a review of each such center. The Commissioner shall annually conduct on-site compliance reviews of at least one-third of the designated State units that receive funding under section 723, and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of section 723, centers that receive funding under section 723 in such State. The Commissioner shall select such centers and such State units for review on a random basis. (2) Qualification of Employees Conducting Reviews.- The Commissioner shall- (A) to the maximum extent practicable, carry out such a review by using employees of the Department who are knowledgeable about the provision of independent living services; (B) ensure that the employee of the Department with responsibility for supervising such a review shall have such knowledge; and (C) ensure that at least one member of a team conducting such a review shall be an individual who - (i) is not a government employee; and (ii) has experience in the operation of centers for independent living. (d) Reports.- The Commissioner shall include, in the annual report required under section 13, information on the extent to which centers for independent living receiving funds under part C have complied with the standards set forth in section 725. The Commissioner may identify individual centers for independent living in the analysis. The Commissioner shall report the results of on-site compliance reviews, identifying individual centers for independent living and other recipients of assistance under this chapter. Part B - Independent Living Services Allotments Sec. 711. (a) In General.- (1) States.- (A) Population Basis.- Except as provided in subparagraphs (B) and (C), from sums appropriated for each fiscal year to carry out this part, the Commissioner shall make an allotment to each State whose State plan has been approved under section 706 of an amount bearing the same ratio to such sums as the population of the State bears to the population of all States. (B) Maintenance of 1992 Amounts.- Subject to the availability of appropriations to carry out this part, the amount of any allotment made under subparagraph (A) to a State for a fiscal year shall not be less than the amount of an allotment made to the State for fiscal year 1992 under part A of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. (C) Minimums.- Subject to the availability of appropriations to carry out this part, and except as provided in subparagraph (B), the allotment to any State under subparagraph (A) shall not be less than $275,000 or one-third of one percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $275,000 or one-third of 1 percent of such sums shall be increased to the greater of the two amounts. (2) Certain Territories.- (A) In General.- For the purposes of paragraph (1)(C), Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau shall not be considered States. (B) Allotment.- Each jurisdiction described in subparagraph (A) shall be allotted under paragraph (1)(A) not less than one-eighth of 1 percent of the amounts made available for purposes of this part for the fiscal year for which the allotment is made, except that the Republic of Palau may receive such allotment under this section only until the Compact of Free Association with Palau takes effect. (3) Adjustment for Inflation.- For any fiscal year, beginning in fiscal year 1994, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index For All Urban Consumers published by the Secretary of Labor under section 100(c)(1), the Commissioner shall increase the minimum allotment under paragraph (1)(C) by such percentage change in the Consumer Price Index For All Urban Consumers. (b) Proportional Reduction.- To provide allotments to States in accordance with subsection (a)(1)(B), to provide minimum allotments to States (as increased under subsection (a)(3)) under subsection (a)(1)(C), or to provide minimum allotments to States under subsection (a)(2)(B), the Commissioner shall proportionately reduce the allotments of the remaining States under subsection (a)(1)(A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the amount required by subsection (a)(1)(B). (c) Reallotment.- Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State in carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such purposes. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year. Payments to States from Allotments Sec. 712. (a) Payments.- From the allotment of each State for a fiscal year under section 711, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under section 706. Such payments may be made (after necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions as the Commissioner may determine. (b) Federal Share.- (1) In General.- The Federal share with respect to any State for any fiscal year shall be 90 percent of the expenditures incurred by the State during such year under its State plan approved under section 706. (2) Non-Federal Share.- The non-Federal share of the cost of any project that receives assistance through an allotment under this part may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services. Authorized Uses of Funds Sec. 713. The State may use funds received under this part to provide the resources described in section 705(e), relating to the Statewide Independent Living Council, and may use funds received under this part - (1) to provide independent living services to individuals with severe disabilities; (2) to demonstrate ways to expand and improve independent living services; (3) to support the operation of centers for independent living that are in compliance with the standards and assurances set forth in subsections (b) and (c) of section 725; (4) to support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing independent living services; (5) to conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to Federal, State, and local policymakers in order to enhance independent living services for individuals with disabilities; (6) to train individuals with disabilities and individuals providing services to individuals with disabilities and other persons regarding the independent living philosophy; and (7) to provide outreach to populations that are unserved or underserved by programs under this title, including minority groups and urban and rural populations. Authorization of Appropriations Sec. 714. There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, and 1997. Part C - Centers for Independent Living Program Authorization Sec. 721. (a) In General.- From the funds appropriated for fiscal year 1994 and for each subsequent fiscal year to carry out this part, the Commissioner shall allot such sums as may be necessary to States and other entities in accordance with subsections (b) through (d). (b) Training.- (1) Grants; Contracts; Other Arrangements.- For any fiscal year in which the funds appropriated to carry out this part exceed the funds appropriated to carry out this part for fiscal year 1993, the Commissioner shall first reserve from such excess, to provide training and technical assistance to eligible agencies, centers for independent living, and Statewide Independent Living Councils for such fiscal year, not less than 1.8 percent, and not more than 2 percent, of the funds appropriated to carry out this part for the fiscal year involved. (2) Allocation.- From the funds reserved under paragraph (1), the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities who have experience in the operation of centers for independent living to provide such training and technical assistance with respect to planning, developing, conducting, administering, and evaluating centers for independent living. (3) Funding Priorities.- The Commissioner shall conduct a survey of Statewide Independent Living Councils and centers for independent living regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, and other arrangements. (4) Review.- To be eligible to receive a grant or enter into a contract or other arrangement under this subsection, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of grant applications by panels that include persons who are not government employees and who have experience in the operation of centers for independent living. (5) Prohibition on Combined Funds.- No funds reserved by the Commissioner under this subsection may be combined with funds appropriated under any other Act or part of this Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this chapter are separately identified in such grant or payment and are used for the purposes of this chapter. (c) In General.- (1) States.- (A) Population Basis.- After the reservation required by subsection (b) has been made, and except as provided in subparagraphs (B) and (C), from the remainder of the amounts appropriated for each such fiscal year to carry out this part, the Commissioner shall make an allotment to each State whose State plan has been approved under section 706 of an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States. (B) Maintenance of 1992 Amounts.- Subject to the availability of appropriations to carry out this part, the amount of any allotment made under subparagraph (A) to a State for a fiscal year shall not be less than the amount of financial assistance received by centers for independent living in the State for fiscal year 1992 under part B of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. (C) Minimums.- Subject to the availability of appropriations to carry out this part and except as provided in subparagraph (B), for a fiscal year in which the amounts appropriated to carry out this part exceed the amounts appropriated for fiscal year 1992 to carry out part B of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992 - (i) if such excess is not less than $8,000,000, the allotment to any State under subparagraph (A) shall be not less than $450,000 or one-third of one percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $450,000 or one-third of one percent of such sums shall be increased to the greater of the two amounts; (ii) if such excess is not less than $4,000,000 and is less than $8,000,000, the allotment to any State under subparagraph (A) shall be not less than $400,000 or one third of one percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $400,000 or one-third of one percent of such sums shall be increased to the greater of the two amounts; and (iii) if such excess is less than $4,000,000, the allotment to any State under subparagraph (A) shall approach, as nearly as possible, the greater of the two amounts described in clause (ii). (2) Certain Territories.- (A) In General.- For the purposes of paragraph (1)(C), Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau shall not be considered to be States. (B) Allotment.- Each jurisdiction described in subparagraph (A) shall be allotted under paragraph (1)(A) not less than one-eighth of one percent of the remainder for the fiscal year for which the allotment is made, except that the Republic of Palau may receive such allotment under this section only until the Compact of Free Association with Palau takes effect. (3) Adjustment for Inflation.- For any fiscal year, beginning in fiscal year 1994, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index For All Urban Consumers published by the Secretary of Labor under section 100(c)(1), the Commissioner shall increase the minimum allotment under paragraph (1)(C) by such percentage change in the Consumer Price Index For all Urban Consumers. (4) Proportional Reduction.- To provide allotments to States in accordance with paragraph (1)(B), to provide minimum allotments to States (as increased under paragraph (3)) under paragraph (1)(C), or to provide minimum allotments to States under paragraph (2)(B), the Commissioner shall proportionately reduce the allotments of the remaining States under paragraph (1)(A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the amount required by paragraph (1)(B). (d) Reallotment.- Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State for carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of State (as determined under the preceding provisions of this section) for such year. (e) Transition Rules.- (1) Reservation.- (A) Fiscal Year 1993.- For fiscal year 1993, the Commissioner shall first reserve from the funds appropriated to carry out this part, not less than 1.8 percent, and not more than 2 percent, of such funds for training, technical assistance, and transition assistance, to centers for independent living. (B) Training and Technical Assistance.- From the funds reserved under subparagraph (A), the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities who have experience in the operation of centers for independent living, to - (i) provide such training and technical assistance with respect to planning, developing, conducting, administering, and evaluating centers for independent living; and (ii) provide such transition assistance to assist the centers with efforts to achieve compliance with the standards and assurances set forth in this part. (C) Review.- To be eligible to receive a grant or enter into a contract or other arrangement under this paragraph, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training, technical assistance, and transition assistance and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of such proposals by panels that include persons who are not government employees and who have experience in the operation of centers for independent living. (D) Prohibition on Combined Funds.- An entity that receives funds under this paragraph shall comply with subsection (b)(5) with respect to the funds. (2) In General.- (A) Grants.- After the reservation required by paragraph (1) has been made, and from the remainder of the funds appropriated for fiscal year 1993 to carry out this part, the Secretary is authorized to make grants to eligible agencies described in subparagraph (B) to operate centers for independent living. (B) Agencies.- (i) Fiscal Year 1992 Recipients.- Entities that received funding directly or through subgrants or contracts under part B, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992, in fiscal year 1992 shall receive assistance under this part for fiscal year 1993 if the entities submit applications that demonstrate to the satisfaction of the Commissioner that as of October 1, 1993 such entities will be private nonprofit agencies that meet the standards described in section 725(b), and that contain the assurances described in section 725(c). In determining whether a center meets the standards described in section 725(b), the Commissioner will look for information that shows how the center will meet each standard. The Commissioner shall consider any data on past performance that is provided by the agency that shows how the center has been meeting the standards. (ii) Other Agencies.- Private nonprofit agencies that did not receive assistance under part B, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992, in fiscal year 1992 may receive assistance under this part for fiscal year 1993 if the agencies submit satisfactory applications for fiscal year 1993. In determining whether an application is satisfactory, the Secretary shall use the criteria for selection of centers specified in section 722(d)(2)(B). (iii) Funding Method.- In making awards under this subsection, the Secretary shall distribute funds in accordance with paragraphs (1), (2), and (4) of subsection (c), and subsection (d). (C) Priority.- The Secretary may not award funds to a private nonprofit agency that did not receive assistance under part B, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992, in fiscal year 1992 until the Secretary has funded all agencies within each State that received such funding and have submitted applications described in subparagraph (B)(i) for fiscal year 1993. Grants to Centers for Independent Living in States in Which Federal Funding Exceeds State Funding Sec. 722. (a) Establishment.- (1) In General.- Unless the director of a designated State unit awards grants under section 723 to eligible agencies in a State for a fiscal year, the Commissioner shall award grants under this section to such eligible agencies for such fiscal year from the amount of funds allotted to the State under subsection (c), or (d) of section 721 for such year. (2) Grants.- The Commissioner shall award such grants, from the amount of funds so allotted, to such eligible agencies for the planning, conduct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in section 725. (b) Eligible Agencies.- In any State in which the Commissioner has approved the State plan required by section 704, the Commissioner may make a grant under this section to any eligible agency that - (1) has the power and authority to carry out the purpose of this part and perform the functions set forth in section 725 within a community and to receive and administer funds under this part, funds and contributions from private or public sources that may be used in support of a center for independent living, and funds from other public and private programs; (2) is determined by the Commissioner to be able to plan, conduct, administer, and evaluate a center for independent living consistent with the standards and assurances set forth in section 725; and (3) submits an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. (c) Existing Eligible Agencies.- In the administration of the provisions of this section, the Commissioner shall award grants to any eligible agency that has been awarded a grant under this part on September 30, 1993, unless the Commissioner makes a finding that the agency involved fails to meet program and fiscal standards and assurances set forth in section 725. (d) New Centers for Independent Living.- (1) In General.- If there is no center for independent living serving a region of the State or a region is underserved, and the increase in the allotment of the State is sufficient to support an additional center for independent living in the State, the Commissioner may award a grant under this section to the most qualified applicant proposing to serve such region, consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living. (2) Selection.- In selecting from among the applicants for a grant under this section for a new center for independent living, the Commissioner - (A) shall consider comments regarding the application, if any, by the Statewide Independent Living Council in the State in which the applicant is located; (B) shall consider the ability of each such applicant to operate a center for independent living based on - (i) evidence of the need for such a center; (ii) any past performance of such applicant in providing services comparable to independent living services; (iii) the plan for satisfying or demonstrated success in satisfying the standards and the assurances set forth in section 725; (iv) the quality of key personnel and the involvement of individuals with severe disabilities; (v) budgets and cost-effectiveness; (vi) an evaluation plan; and (vii) the ability of such applicant to carry out the plans; and (C) shall give priority to applications from applicants proposing to serve geographic areas within each State that are currently unserved or underserved, by independent living programs, consistent with the provisions of the State plan submitted under section 704 regarding establishment of a statewide network of centers for independent living. (3) Current Centers.- Notwithstanding paragraphs (1) and (2), a center for independent living that receives assistance under part B (or part A as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992) for a fiscal year for the general operation of the center shall be eligible for a grant for the subsequent fiscal year under this subsection. (e) Order of Priorities.- The Commissioner shall be guided by the following order of priorities in allocating funds among centers for independent living within a State, to the extent funds are available: (1) The Commissioner shall support existing centers for independent living, as described in subsection (c), that comply with the standards and assurances set forth in section 725, at the level of funding for the previous year. (2) The Commissioner shall provide for a cost-of-living increase for such existing centers for independent living. (3) The Commissioner shall fund new centers for independent living, as described in subsection (d), that comply with the standards and assurances set forth in section 725. (f) Nonresidential Agencies.- A center that provides or manages residential housing after October 1, 1994, shall not be considered to be an eligible agency under this section. (g) Review.- (1) In General.- The Commissioner shall periodically review each center receiving funds under this section to determine whether such center is in compliance with the standards and assurances set forth in section 725. If the Commissioner determines that any center receiving funds under this section is not in compliance with the standards and assurances set forth in section 725, the Commissioner shall immediately notify such center that it is out of compliance. (2) Enforcement.- The Commissioner shall terminate all funds under this section to such center 90 days after the date of such notification unless the center submits a plan to achieve compliance within 90 days of such notification and such plan is approved by the Commissioner. Grants to Centers for Independent Living in States in Which State Funding Equals or Exceeds Federal Funding Sec. 723. (a) Establishment.- (1) In General.- (A) Initial Year.- (i) Determination.- Beginning on October 1, 1993, the director of a designated State unit, as provided in paragraph (2), or the Commissioner, as provided in paragraph (3), shall award grants under this section for an initial fiscal year if the Commissioner determines that the amount of State funds that were earmarked by a State for a preceding fiscal year to support the general operation of centers for independent living meeting the requirements of this part equaled or exceeded the amount of funds allotted to the State under subsection (c) or (d) of section 721 for such year. (ii) Grants.- The director or the Commissioner, as appropriate, shall award such grants, from the amount of funds so allotted for the initial fiscal year, to eligible agencies in the State for the planning, conduct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in section 725. (iii) Regulation.- The Commissioner shall by regulation specify the preceding fiscal year with respect to which the Commissioner will make the determination described in clause (i) and subparagraph (B), making such adjustments as may be necessary to accommodate State funding cycles such as 2-year funding cycles or State fiscal years that do not coincide with the Federal fiscal year. (B) Subsequent Years.- For each year subsequent to the initial fiscal year described in subparagraph (A), the director of the designated State unit shall continue to have the authority to award such grants under this section if the Commissioner determines that the State continues to earmark the amount of State funds described in subparagraph (A)(i). If the State does not continue to earmark such an amount for a fiscal year, the State shall be ineligible to make grants under this section after a final year following such fiscal year, as defined in accordance with regulations established by the Commissioner, and for each subsequent fiscal year. (2) Grants by Designated State Units.- In order for the designated State unit to be eligible to award the grants described in paragraph (1) and carry out this section for a fiscal year with respect to a State, the designated State agency shall submit an application to the Commissioner at such time, and in such manner as the Commissioner may require, including information about the amount of State funds described in paragraph (1) for the preceding fiscal year. If the Commissioner makes a determination described in subparagraph (A)(i) or (B), as appropriate, of paragraph (1), the Commissioner shall approve the application and designate the director of the designated State unit to award the grant and carry out this section. (3) Grants by Commissioner.- If the designated State agency of a State described in paragraph (1) does not submit and obtain approval of an application under paragraph (2), the Commissioner shall award the grant described in paragraph (1) to eligible agencies in the State in accordance with section 722. (b) Eligible Agencies.- In any State in which the Commissioner has approved the State plan required by section 704, the director of the designated State unit may award a grant under this section to any eligible agency that - (1) has the power and authority to carry out the purpose of this part and perform the functions set forth in section 725 within a community and to receive and administer funds under this part, funds and contributions from private or public sources that may be used in support of a center for independent living, and funds from other public and private programs; (2) is determined by the director to be able to plan, conduct, administer, and evaluate a center for independent living, consistent with the standards and assurances set forth in section 725; and (3) submits an application to the director at such time, in such manner, and containing such information as the head of the designated State unit may require. (c) Existing Eligible Agencies.- In the administration of the provisions of this section, the director of the designated State unit shall award grants under this section to any eligible agency that has been awarded a grant under this part by September 30, 1993, unless the director makes a finding that the agency involved fails to comply with the standards and assurances set forth in section 725. (d) New Centers for Independent Living.- (1) In General.- If there is no center for independent living serving a region of the State or the region is unserved or underserved, and the increase in the allotment of the State is sufficient to support an additional center for independent living in the State, the director of the designated State unit may award a grant under this section from among eligible agencies, consistent with the provisions of the State plan under section 704 setting forth the design of the State for establishing a statewide network of centers for independent living. (2) Selection.- In selecting from among eligible agencies in awarding a grant under this part for a new center for independent living - (A) the director of the designated State unit and the chairperson of, or other individual designated by, the Statewide Independent Living Council acting on behalf of and at the direction of the Council, shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances set forth in section 725 and criteria jointly established by such director and such chairperson or individual; (B) the peer review committee shall consider the ability of each such applicant to operate a center for independent living, and shall recommend an applicant to receive a grant under this section, based on - (i) evidence of the need for a center for independent living, consistent with the State plan; (ii) any past performance of such applicant in providing services comparable to independent living services; (iii) the plan for complying with, or demonstrated success in complying with, the standards and the assurances set forth in section 725; (iv) the quality of key personnel of the applicant and the involvement of individuals with severe disabilities by the applicant; (v) the budgets and cost-effectiveness of the applicant; (vi) the evaluation plan of the applicant; and (vii) the ability of such applicant to carry out the plans; and (C) the director of the designated State unit shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with Federal and State law. (3) Current Centers.- Notwithstanding paragraphs (1) and (2), a center for independent living that receives assistance under part B (or part A as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992) for a fiscal year for the general operation of the center shall be eligible for a grant for the subsequent fiscal year under this subsection. (e) Order of Priorities.- Unless the director of the designated State unit and the chairperson of the Council or other individual designated by the Council acting on behalf of and at the direction of the Council jointly agree on another order of priority, the director shall be guided by the following order of priorities in allocating funds among centers for independent living within a State, to the extent funds are available: (1) The director of the designated State unit shall support existing centers for independent living, as described in subsection (c), that comply with the standards and assurances set forth in section 725, at the level of funding for the previous year. (2) The director of the designated State unit shall provide for a cost-of-living increase for such existing centers for independent living. (3) The director of the designated State unit shall fund new centers for independent living, as described in subsection (d), that comply with the standards and assurances set forth in section 725. (f) Nonresidential Agencies.- A center that provides or manages residential housing after October 1, 1994, shall not be considered to be an eligible agency under this section. (g) Review.- (1) In General.- The director of the designated State unit shall periodically review each center receiving funds under this section to determine whether such center is in compliance with the standards and assurances set forth in section 725. If the director of the designated State unit determines that any center receiving funds under this section is not in compliance with the standards and assurances set forth in section 725, the director of the designated State unit shall immediately notify such center that it is out of compliance. (2) Enforcement.- The director of the designated State unit shall terminate all funds under this section to such center 90 days after - (A) the date of such notification; or (B) in the case of a center that requests an appeal under subsection (i), the date of any final decision under subsection (i), unless the center submits a plan to achieve compliance within 90 days and such plan is approved by the director, or if appealed, by the Commissioner. (h) On-Site Compliance Review.- The director of the designated State unit shall annually conduct on-site compliance reviews of at least 15 percent of the centers for independent living that receive funding under this section in the State. Each team that conducts on-site compliance review of centers for independent living shall include at least one person who is not an employee of the designated State agency, who has experience in the operation of centers for independent living, and who is jointly selected by the director of the designated State unit and the chairperson of or other individual designated by the Council acting on behalf of and at the direction of the Council. A copy of this review shall be provided to the Commissioner. (i) Adverse Actions.- If the director of the designated State unit proposes to take a significant adverse action against a center for independent living, the center may seek mediation and conciliation to be provided by an individual or individuals who are free of conflicts of interests identified by the chairperson of or other individual designated by the Council. If the issue is not resolved through mediation and conciliation, the center may appeal the proposed adverse action to the Commissioner for a final decision. Centers Operated by State Agencies Sec. 724. (a) Fiscal Year 1993.- (1) In General. Notwithstanding section 702(1), if- (A) no nonprofit private agency - (i) submits an acceptable application to operate a center for independent living for fiscal year 1993 before a date specified by the Commissioner; and (ii) obtains approval of the application under section 722 or 723; and (B) a State directly operated such a center in fiscal year 1992 with funds provided under part B, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992, the State may apply to the Commissioner for assistance under section 721(e)(2) for the conduct, administration, and evaluation of such a center. (2) Compliance.- A State that receives assistance with respect to a center in accordance with paragraph (1) shall ensure that the center shall comply with all the requirements of this part, other than the requirement that the center be a private nonprofit agency. (b) Fiscal Year 1994 and Succeeding Fiscal Years.- A State that receives assistance for fiscal year 1993 with respect to a center in accordance with subsection (a) may continue to receive assistance under this part for fiscal year 1994 or a succeeding fiscal year if, for such fiscal year - (1) no nonprofit private agency - (A) submits an acceptable application to operate a center for independent living for the fiscal year before a date specified by the Commissioner; and (B) obtains approval of the application under section 722 or 723; or (2) after funding all applications so submitted and approved, the Commissioner determines that funds remain available to provide such assistance. Standards and Assurances for Centers for Independent Living Sec. 725. (a) In General.- Each center for independent living that receives assistance under this part shall comply with the standards set out in subsection (b) and provide and comply with the assurances set out in subsection (c) in order to ensure that all programs and activities under this part are planned, conducted, administered, and evaluated in a manner consistent with the purposes of this chapter and the objective of providing assistance effectively and efficiently. (b) Standards.- (1) Philosophy.- The center shall promote and practice the independent living philosophy of - (A) consumer control of the center regarding decision-making, service delivery, management, and establishment of the policy and direction of the center; (B) self-help and self-advocacy; (C) development of peer relationships and peer role models; and (D) equal access of individuals with severe disabilities to society and to all services, programs, activities, resources, and facilities, whether public or private and regardless of the funding source. (2) Provision of Services.- The center shall provide services to individuals with a range of severe disabilities. The center shall provide services on a cross-disability basis (for individuals with all different types of severe disabilities, including individuals with severe disabilities who are members of populations that are unserved or underserved by programs under this title). Eligibility for services at any center for independent living shall be determined by the center, and shall not be based on the presence of any one or more specific severe disabilities. (3) Independent Living Goals.- The center shall facilitate the development and achievement of independent living goals selected by individuals with severe disabilities who seek such assistance by the center. (4) Community Options.- The center shall work to increase the availability and improve the quality of community options for independent living in order to facilitate the development and achievement of independent living goals by individuals with severe disabilities. (5) Independent Living Core Services.- The center shall provide independent living core services and, as appropriate, a combination of any other independent living services specified in section 7(30)(B). (6) Activities to Increase Community Capacity.- The center shall conduct activities to increase the capacity of communities within the service area of the center to meet the needs of individuals with severe disabilities. (7) Resource Development Activities.- The center shall conduct resource development activities to obtain funding from sources other than this chapter. (c) Assurances.- The eligible agency shall provide at such time and in such manner as the Commissioner may require, such satisfactory assurances as the Commissioner may require, including satisfactory assurances that - (1) the applicant is an eligible agency; (2) the center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a Board that is the principal governing body of the center and a majority of which shall be composed of individuals with severe disabilities; (3) the applicant will comply with the standards set forth in subsection (b); (4) the applicant will establish clear priorities through annual and 3-year program and financial planning objectives for the center, including overall goals or a mission for the center, a work plan for achieving the goals or mission, specific objectives, service priorities, and types of services to be provided, and a description that shall demonstrate how the proposed activities of the applicant are consistent with the most recent 3-year State plan under section 704; (5) the applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with severe disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503; (6) the applicant will ensure that the majority of the staff and individuals in decision-making positions of the applicant are individuals with disabilities. (7) the applicant will practice sound fiscal management, including making arrangements for an annual independent fiscal audit; (8) the applicant will conduct annual self-evaluations, prepare an annual report, and maintain records adequate to measure performance with respect to the standards, containing information regarding, at a minimum - (A) the extent to which the center is in compliance with the standards; (B) the number and types of individuals with severe disabilities receiving services through the center; (C) the types of services provided through the center and the number of individuals with severe disabilities receiving each type of service; (D) the sources and amounts of funding for the operation of the center; (E) the number of individuals with severe disabilities who are employed by, and the number who are in management and decision-making positions in, the center; and (F) a comparison, when appropriate, of the activities of the center in prior years with the activities of the center in the most recent year; (9) individuals with severe disabilities who are seeking or receiving services at the center will be notified by the center of the existence of, the availability of, and how to contact, the client assistance program; (10) aggressive outreach regarding services provided through the center will be conducted in an effort to reach populations of individuals with severe disabilities that are unserved or underserved by programs under this title, especially minority groups and urban and rural populations; (11) staff at centers for independent living will receive training on how to serve such unserved and underserved populations, including minority groups and urban and rural populations; (12) the center will submit to the Statewide Independent Living Council a copy of its approved grant application and the annual report required under paragraph (8); (13) the center will prepare and submit a report to the designated State unit or the Commissioner, as the case may be, at the end of each fiscal year that contains the information described in paragraph (8) and information regarding the extent to which the center is in compliance with the standards set forth in subsection (b); and (14) an independent living plan described in section 704(e) will be developed unless the individual who would receive services under the plan signs a waiver stating that such a plan is unnecessary. Definitions Sec. 726. As used in this part, the term "eligible agency" means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency. Authorization of Appropriations Sec. 727. There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, and 1997. Effective Date (a) In General.- Except as provided in subsections (b) and (c), this title and the amendments made by this title shall take effect on the date of enactment of this Act. (b) Centers for Independent Living.- The provisions of part C of chapter I of title VII of the Rehabilitation Act of 1973 (as added by section 701 of this Act), shall not apply with respect to fiscal year 1992 for programs receiving assistance under part B of such chapter, as in effect on the day before the date of enactment of this Act. The provisions of such part B shall continue to apply for such programs with respect to fiscal year 1992. (c) State Plan.- The Secretary of Education shall implement the provisions of section 704 of the Rehabilitation Act of 1973 (as amended by section 701 of this Act), as soon as is practicable after the date of enactment of this Act, consistent with the effective and efficient administration of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), but not later than October 1, 1993. Chapter 2 - Independent Living Services for Older Individuals Who are Blind Definition Sec. 751. For purposes of this chapter, the term "older individual who is blind" means an individual age 55 or older whose severe visual impairment makes competitive employment extremely difficult to attain but for whom independent living goals are feasible. Program of Grants Sec. 752. (a) In General.- (1) Authority for Grants. Subject to subsections (b) and (c), the Commissioner may make grants to States for the purpose of providing the services described in subsection (d) to older individuals who are blind. (2) Designated State Agency.- The Commissioner may not make a grant under subsection (a) unless the State involved agrees that the grant will be administered solely by the agency described in section 101(a)(1)(A)(i). (b) Contingent Competitive Grants.- Beginning with fiscal year 1993, in the case of any fiscal year for which the amount appropriated under section 753 is less than $13,000,000, grants made under subsection (a) shall be- (1) discretionary grants made on a competitive basis to States; or (2) grants made on a noncompetitive basis to pay for the continuation costs of activities for which a grant was awarded- (A) under this chapter; or (B) under part C, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. (c) Contingent Formula Grants.- (1) In General.- In the case of any fiscal year for which the amount appropriated under section 753 is equal to or greater than $13,000,000, grants under subsection (a) shall be made only to States and shall be made only from allotments under paragraph (2). (2) Allotments.- For grants under subsection (a) for a fiscal year described in paragraph (1), the Commissioner shall make an allotment to each State in an amount determined in accordance with subsection (j), and shall make a grant to the State of the allotment made for the State if the State submits to the Commissioner an application in accordance with subsection (i). (d) Services Generally.- The Commissioner may not make a grant under subsection (a) unless the State involved agrees that the grant will be expended only for purposes of - (1) providing independent living services to older individuals who are blind; (2) conducting activities that will improve or expand services for such individuals; and (3) conducting activities to help improve public understanding of the problems of such individuals. (e) Independent Living Services.- Independent living services for purposes of subsection (d)(1) include - (1) services to help correct blindness, such as - (A) outreach services; (B) visual screening; (C) surgical or therapeutic treatment to prevent, correct, or modify disabling eye conditions; and (D) hospitalization related to such services; (2) the provision of eyeglasses and other visual aids; (3) the provision of services and equipment to assist an older individual who is blind to become more mobile and more self-sufficient; (4) mobility training, Braille instruction, and other services and equipment to help an older individual who is blind adjust to blindness; (5) guide services, reader services, and transportation; (6) any other appropriate service designed to assist an older individual who is blind in coping with daily living activities, including supportive services or rehabilitation teaching services; (7) independent living skills training, information and referral services, peer counseling, and individual advocacy training; and (8) other independent living services, as defined in section 7(30). (f) Matching Funds.- (1) In General.- The Commissioner may not make a grant under subsection (a) unless the State involved agrees, with respect to the costs of the program to be carried out by the State pursuant to such subsection, to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than $1 for each $9 of Federal funds provided in the grant. (2) Determination of Amount Contributed.- Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (g) Certain Expenditures of Grants.- A State may expend a grant under subsection (a) to carry out the purposes specified in subsection (d) through grants to public and nonprofit private agencies or organizations. (h) Requirement Regarding State Plan.- The Commissioner may not make a grant under subsection (a) unless the State involved agrees that, in carrying out subsection (d)(1), the State will seek to incorporate into the State plan under section 704 any new methods and approaches relating to independent living services for older individuals who are blind. (i) Application for Grant.- (1) In General.- The Commissioner may not make a grant under subsection (a) unless an application for the grant is submitted to the Commissioner and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Commissioner determines to be necessary to carry out this section (including agreements, assurances and information with respect to any grants under subsection (j)(4)). (2) Contents.- An application for a grant under this section shall contain - (A) an assurance that the designated State unit described in subsection (a)(2) will prepare and submit to the Commissioner a report, at the end of each fiscal year, with respect to each project or program the designated State unit operates or administers under this section, whether directly or through a grant or contract, which report shall contain, at a minimum, information on - (i) the number and types of older individuals who are blind and are receiving services; (ii) the types of services provided and the number of older individuals who are blind and are receiving each type of service; (iii) the sources and amounts of funding for the operation of each project or program; (iv) the amounts and percentages of resources committed to each type of service provided; (v) data on actions taken to employ, and advance in employment, qualified individuals with severe disabilities, including older individuals who are blind; and (vi) a comparison, if appropriate, of prior year activities with the activities of the most recent year; (B) an assurance that the designated State unit will - (i) provide services that contribute to the maintenance of, or the increased independence of, older individuals who are blind; and (ii) engage in - (I) capacity-building activities, including collaboration with other agencies and organizations; (II) activities to promote community awareness, involvement, and assistance; and (III) outreach efforts; and (C) an assurance that the application is consistent with the State plan for providing independent living services required by section 704. (j) Amount of Formula Grant.- (1) In General.- Subject to the availability of appropriations, the amount of an allotment under subsection (a) for a State for a fiscal year shall be the greater of - (A) the amount determined under paragraph (2); or (B) the amount determined under paragraph (3). (2) Minimum Allotment.- (A) States.- In the case of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, the amount referred to in subparagraph (A) of paragraph (1) for the fiscal year is the greater of - (i) $225,000; or (ii) an amount equal to one-third of one percent of the amount appropriated under section 753 for the fiscal year and available for allotments under subsection (a). (B) Certain Territories.- In the case of Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau, the amount referred to in subparagraph (A) of paragraph (1) for a fiscal year is $40,000, except that the Republic of Palau may receive such allotment under this section only until the Compact of Free Association with Palau takes effect. (3) Formula.- The amount referred to in subparagraph (B) of paragraph (1) for a State for a fiscal year is the product of - (A) the amount appropriated under section 753 and available for allotments under subsection (a); and (B) a percentage equal to the quotient of - (i) an amount equal to the number of individuals residing in the State who are not less than 55 years of age; divided by (ii) an amount equal to the number of individuals residing in the United States who are not less than 55 years of age. (4) Disposition of Certain Amounts.- (A) Grants.- From the amounts specified in subparagraph (B), the Commissioner may make grants to States whose population of older individuals who are blind has a substantial need for the services specified in subsection (d) relative to the population in other States of older individuals who are blind. (B) Amounts.- The amounts referred to in subparagraph (A) are any amounts that are not paid to States under subsection (a) as a result of - (i) the failure of any State to submit an application under subsection (i); (ii) the failure of any State to prepare within a reasonable period of time such application in compliance with such subsection; or (iii) any State informing the Commissioner that the State does not intend to expend the full amount of the allotment made for the State under subsection (a). (C) Conditions.- The Commissioner may not make a grant under subparagraph (A) unless the State involved agrees that the grant is subject to the same conditions as grants made under subsection (a). Authorization of Appropriations Sec. 753. There are authorized to be appropriated to carry out this chapter such sums as may be necessary for each of the fiscal years 1993 through 1997. MEMORANDUM To: NCIL Members From: Bob Michaels Chair Rehabilitation Act Subcommittee Re: Indicators Date: December 8, 1993 Attached is a copy of the NCIL response to the Rehabilitation Services Administration's (RSA) notice of proposed rule making (NPRM). Members have a deadline of December 13th in which to provide feedback to RSA. There is some likelihood that the comments period will be extended, but we are encouraging members to respond within the required time lines until the extension is official. Comments should be sent to: William L. Smith, Acting Commissioner Rehabilitation Services Administration US Department of Education 400 Maryland Avenue, SW Room 3028, Mary E. Switzer Building Washington, DC 20202-2575 In your letters, you may wish to emphasize the following points: 1. The Department should be commended for its response to the prior comments of independent living advocates and commitment to preserving the principles and philosophy of independent living. 2. You endorse the Department's attempt to remove stigmatizing language by replacing "severe" with "significant" disability. 3. The bonus system proposed by the Department is cumbersome and process-oriented. RSA should promote a less intrusive system, which measures outcome and encourages centers to conduct activities in a manner which best meets their communities' needs. Respondents may wish to reference the NCIL feedback to the proposed indicators, as well. If you have any questions regarding the above comments, please do not hesitate to contact me at 215-581-0655. Again, please get those letters to the Department of Education by December 13, 1993. NCIL POSITION ON PROPOSED INDICATORS FOR COMPLIANCE WITH CIL STANDARDS The NCIL Rehabilitation Act Subcommittee congratulates staff of the Independent Living Branch and other Rehabilitation Services Administration personnel for constructing a sound, clear, basic model of indicators for compliance with standards for centers for independent living. These standards are set forth, in conjunction with assurances, in the Rehabilitation Act Amendments of 1992 under Chapter 1 of Title VII. The Subcommittee spent a good deal of time and effort in debating and discussing various points in the proposed model. The most prominent issue of debate was whether or not bonus points are appropriate or necessary to meet standards. Secondarily, if bonus points are to be used, what issues should be included in baseline requirements. There was no mention made in the notice of proposed rulemaking about how bonus points would be used above and beyond the minimum of 50 needed to comply with standards. While NCIL appreciates RSA's attempt to be flexible in response to comments made in 1992 about their original proposed indicators, we believe that the law has changed the nature of the debate over standards and indicators so substantially as to make this need for flexibility unnecessary. Ultimately, NCIL believes that centers for independent living funded with Title VII, Chapter 1 funds MUST MEET ALL STANDARDS--no exceptions. NCIL's other major concern with the proposed model is the heavy emphasis on service delivery. NCIL has developed an alternative model which places more emphasis on advocacy. The following comments offer a reconstructed model: one made up entirely of baseline requirements with no bonus points. The model assumes that each center must comply with all indicators and has incorporated several "bonus" items into the baseline. General comments and questions about definitions and process issues are made first. Comments and the proposed reconstructed model for indicators follows. General comments: NCIL applauds RSA's change of the word "severe" to "significant" when referring to people with significant disabilities to be served by Title VII programs. We urge RSA to encourage this change in nomenclature throughout the Rehabilitation Act and other legislation monitored by the U.S. Department of Education and to provide training to its own staff in proper language usage. NCIL questions the use of "State Independent Living Rehabilitation Services Program" under Part 365. We thought this name had been changed with the Rehabilitation Act Amendments of 1992 to the "State Independent Living Program." We believe that the National Education Goals are met by this program in several ways and suggest a change in language, "The program furthers Goal 5 of the National Education Goals, that every adult American--including individuals with significant disabilities--will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship. The program furthers Goal 5 by eliminating barriers to full access and integration of individuals with significant disabilities and by providing individuals with significant disabilities with services which increase skills necessary for independent living." Several process questions remain unanswered with this notice of proposed rule making. It is unclear to NCIL how these indicators and standards will be applied within a continuing or new grant application as opposed to how they will be applied to an "on-site" review by administering officials. Without detailed information about how grants will be reviewed or how centers will be reviewed on-site, some of NCIL's assumptions could be wrong or at least misinterpreted. In addition, special consideration in the application of these indicators must be given to centers which conduct operations in more than one state or region or centers which have multiple funding sources. Centers must be viewed in their entirety, including all funding sources and, in the case of multiple-state centers, jointly reviewed as if the center received a single grant. Definitions: Several key phrases in the proposed rules are not defined. We suggest the following definitions be added: 1. Systems advocacy (in combined standards four and six, when referring to increasing or improving community options or community advocacy)--persistent activities and broad based strategies which positively affect a substantial number of individuals with significant disabilities. This includes community advocacy activities designed to increase access to the community as a whole, including but not limited to, removal of architectural, communication, and attitudinal barriers. 2. Increasing/improving community options (standard 4)--advocacy activities which change, expand, refine, or modify human service delivery systems so that people with significant disabilities secure the needed supports to live independently. 3. Increasing/improving community capacity (standard 6)--identical to community advocacy, activities designed to increase access to society or the community as a whole, including, but not limited to, removal of architectural, communication, and attitudinal barriers. 4. "Self-help and self-advocacy"--activities which include, but are not limited to, attending local, state, regional, or national conferences and workshops on independent living and advocacy, grooming people with significant disabilities for advocacy roles, developing new leadership for the center and the community from among individuals with significant disabilities, participation in public hearings, formation and support of self-help and self-advocacy groups which support group members or organize individuals at the local level for advocacy purposes, and encouraging use of the center and its resources for self-help and self-advocacy activities. With regard to the definitions presented in the NPRM, NCIL has a few comments and concerns: 1. Changing "severe" to "significant" is good! 2. The definition of "decision-making position" was discussed at great length. Several NCIL members think that something is missing from this definition. "Any other policy position" is vague and unclear. While our group struggled to define something better, we could not. Our key question was "Where is the leadership and decision-making within the center? Who are the true leaders? What positions do they hold?" How are these staff involved in policy development? This definition needs rethinking. 3. We would alter the definition of "independent living skills training" to read "instruction to develop independent living skills, including, but not limited to, self-advocacy, systems advocacy, personal life management, financial management, employment, leisure, and sexuality. 4. We would modify the definition of "information and referral" to read, "any response to a request for information"-- (1) Concerning the center, its advocacy programs, or the independent living services it provides; (2) The availability, location, and source of community resources for individuals with disabilities; or (3) Policies, rules, regulations, and laws affecting people with disabilities. 5. With regard to "peer counseling", we suggest deletion of the word "significant" and add "guidance and support provided by individuals with disabilities (e.g., as counselors, advisors, role models, or mentors) to assist individuals with significant disabilities to develop, clarify, or achieve their independent living goals or to share similar life experience, disability pride and cultural issues which may or may not be related to independent living goals." 6. "Staff position" must be rewritten to comply with Department of Labor rules and definitions. We do not agree that "staff" are paid individuals who are not in decision-making positions, and we know of many staff who have contracts with their centers. We would suggest that staff be defined as part-time or full-time employees, period. If there is concern about distinguishing between decision-making staff and nondecision-making staff, we suggest using the phrase nondecision-making staff. 7. Add to the definition of "underserved/unserved," "people who are HIV positive or who have AIDS and people of all ages." Re: The Paperwork Reduction Act of 1980, NCIL believes that it will take far more than 60 hours a year to gather the data and information required by these indicators. We would like to know how this 60-hour figure was calculated. NCIL is pleased that collection of this data does not begin in earnest until a center has completed its second year of federal funding under the reauthorized Rehabilitation Act Amendments of 1992. It is absolutely essential that centers have a full year of data collection after the indicators have been promulgated. This gives centers plenty of time to study, absorb, and plan management information systems to address changes in reporting requirements. NCIL applauds the requirement that compliance is required within 90 days of a corrective action plan and the fact that RSA plans to use the indicators as one criterion for evaluating new applications for center funding as evidence of past experience. Lastly, the Secretary requested comments under "Assessment of Educational Impact" on whether these proposed regulations require transmission of information and other data from any other agency or authority of the U.S. government. NCIL's response is "ABSOLUTELY!" To meet all standards and to be an effective and efficient provider of information and referral (standard and indicator 5) particularly, centers need access to all policies, rules, regulations, laws, census data, federal and state agency demographic surveys, the Catalogue of Federal Domestic Assistance, the Federal Register, etc., to be properly informed and to inform others of pertinent information. NCIL strongly believes that one national computer bulletin board system--dedicated to the needs of centers for independent living and the independent living field generally--is the most sensible and cost efficient way to transmit this information. NCIL encourages the Secretary to re-examine previous funding from the National Institute on Disability and Rehabilitation Research and to examine any other possible, appropriate sources to fund this much needed service at a sufficient level. Summary of Standards: 1. NCIL is pleased with the Department's dual definition of equal access. 2. NCIL is concerned about the language used here to "determine eligibility" for independent living services. This is addressed later in NCIL's assessment of baseline requirements. NCIL is pleased with the statement that eligibility may not be based on the presence of any one or more specific significant disabilities. 3. Centers are required to facilitate the development and achievement of independent living goals selected by an individual with a significant disability who seeks "such" assistance from the center. The NPRM omitted the word "such" which implies that centers must facilitate goal development and achievement for any individual with a significant disability who comes to the center. 4. Definitions needed to support this standard are discussed above. 5. Independent living services required of centers are "core" only. The provision of the core services would meet the requirement to provide an "array" of services. Centers are encouraged, but not required, to provide a combination of any other independent living services specified in section 7(30)(b). 6. While centers may focus on increasing or improving community capacity "within the service area of the center", NCIL does not believe that building community capacity should be limited to its own service area. Many community capacity building activities are directed at the state or national level, but have a direct impact on the local area served by a center. 7. This standard is fine as described. Reconstructed Model for Compliance Indicators: The suggested model for compliance indicators is one which has no bonus points at all. This approach would require many of the bonus items to be included in the baseline, thereby disposing of the concept of bonuses entirely. Without more information about how bonus points are to be used, it is difficult to asses their value. Will they be used to make new or additional funding decisions? Will they be used by on-site reviewers to advise or "provide technical assistance" to centers? Will they be used to rate centers with disparate resources or community needs against each other? Clearly, the bonus system reaches beyond the scope and requirements of the Rehabilitation Act of 1973 as Amended in 1992. NCIL strongly believes that more weight must be given to advocacy activities and less to service delivery. The proposed model in the Federal Register has a strong bias in favor of traditional service delivery. NCIL believes this must change substantially for centers to be truly effective. Indicator 1 - Independent Living Philosophy * Consumer Control: (1) Evidence that more than 50% of a center's governing board is composed of individuals with significant disabilities; and (2) Evidence that more than 50% of a center's decision-making positions are filled by individuals with disabilities. In determining consumer control, an assessment must be based upon no more than 40 FTE hours per week according to Department of Labor rules. NCIL strongly recommends that the reporting period be extended from three (3) months prior to continuation application to six (6) months prior to continuation application based upon the fact that most staff have six month probationary periods. This would prevent centers from hiring people with disabilities for just the three months prior to their continuation application due date and would encourage centers to give all new employees with disabilities sufficient opportunity to learn and perform well their jobs. (3) Evidence that more than 50% of all staff positions are filled by individuals with disabilities, except for staff positions of personal assistants, readers, and interpreters. Change "personal care attendant" to "personal assistant(s)" wherever it appears in the NPRM. (4) Evidence that a center includes individuals with a diversity of significant disabilities on its governing board. (5) Evidence that a center includes individuals with a diversity of disabilities in staff positions. * Self-help/Self-advocacy: (1) Written policies promoting self-help and self-advocacy. (2) Evidence that a center conducts activities which promote self-help and self-advocacy. (3) Evidence that a center trains individuals with disabilities in self-advocacy and personal power. * Peer Relationships and Role Models: (1) Written policies for promotion of peer relationships and role models. (2) Evidence that a center conducts activities which promote peer relationships and role models. (3) Evidence that a center uses individuals with disabilities who have achieved independent living goals as instructors (volunteer or paid) and employees. * Equal Access: (1) Written policies ensuring access to all programs and services of the center. NCIL is extremely pleased that the proposed rules require that a center's programs and services must be accessible to all people, regardless of type of disability. (2) Evidence that a center conducts activities which promote equal access to all of society. (3) Evidence that a center meets current ADAAG or local building code requirements, whichever set higher standards, for physical accessibility. Indicator 2--Cross-Disability: (1) Evidence that center does not discriminate on the basis of type of disability. (2) Independent living services are provided to people with a range of disabilities. (3) Independent living services are provided to people with significant disabilities from minority groups. (4) Core independent living services are provided to individuals with disabilities who are neither targeted nor limited to a specific disability. (5) Evidence that center has conducted community-based needs assessments at least every three years to determine unmet service needs of individuals with significant disabilities and unserved/underserved populations. NCIL is concerned that such a community-based needs assessment would be used to redefine or expand the center's basic services. The proposed model implies that such an assessment should be used by a center to adjust its resources and to meet identified unmet needs. NCIL believes this violates independent living philosophy and can be highly inappropriate. Information from such assessments can be useful, but identified needs do not and should not always be met by centers. More often, these needs should be met by some other entity or service provider within the community. Indicator 3--Independent Living Goals: (1) Center maintains consumer service record for each consumer. NCIL is gravely concerned that RSA will require centers to "determine eligibility" in much the same way that the traditional rehabilitation system has determined eligibility for the Title I program. NCIL urges that language be added to this indicator and perhaps to the summary of standards 2, 3, and 5 which ensures that people with significant disabilities may self-define their eligibility based upon the federal definition of "individuals with a significant disability." If a center has serious doubts or concerns that a specific individual does not possess a significant disability, then the center could request a copy of pre-existing records which prove significant disability--but not unless this action is absolutely necessary. (2) Center measures achievement of independent living goals by individual consumers. NCIL is also deeply concerned that RSA will develop some list of types of independent living goals which will then require reporting. NCIL is opposed to this type of activity. Centers are more than prepared to report total numbers of people with significant disabilities served and total numbers of people served who achieve independent living goals. This should be sufficient for compliance purposes. (3) Center notifies all potential and actual consumers of their rights to develop their own independent living plan or to waive the development of an independent living plan. (4) Evidence that center facilitates the development and achievement of independent living goals of consumers who seek such assistance from the center. The original bonus points were totally unrealistic and based upon a false assumption that the center's performance can be measured based upon customer satisfaction. Many consumers may be highly satisfied but never achieve an independent living goal while others may be terribly dissatisfied because of a center's independent living philosophy and yet achieve all their goals. The percentages proposed were enormously high and may not have any bearing on development and achievement of independent living goals. The center does not "perform"--the consumer does. The center "facilitates." In addition, the expectation of a 75% survey response rate is unreasonable. Most practitioners would agree that even a 40% rate of response would be unusual without a reward or some form of coercion. In general, the indicators seem to imply that surveys are the method of choice when assessing needs or consumer satisfaction. Centers may find that focus groups, interviews, public forums, and/or some other form of information gathering are most appropriate given cultural, financial, and geographic conditions in the center and its community. Indicators 4 and 6 - Community Options/Capacity: (1) Evidence of a community advocacy plan and activities geared to the accomplishment of that plan. (2) Evidence of a technical assistance plan and activities in the community geared to the accomplishment of that plan. (3) Evidence of a plan for public information and education and activities geared to the accomplishment of that plan. (4) Evidence of a plan for collaboration with other agencies and groups and activities geared to the accomplishment of that plan. Indicator 5 - Independent Living Services: (1) Evidence that information and referral is provided to all who requested it. (2) Evidence that independent living skills training is provided to individuals with significant disabilities. (3) Evidence that peer counseling is provided to individuals with significant disabilities. (4) Evidence that individual and systems advocacy is provided to resolve problems of individuals with significant disabilities. The laws does not require centers to provide a "combination of other independent living services" and, thus, this requirement has been eliminated from the baseline. NCIL is concerned that some may use peer counseling as a method for providing all four core services or some of the core services. This indicator must not discriminate against a center which uses peer counseling to provide independent living skills training and individual or systems advocacy to individuals. Indicator 6 - Resource Development: (1) Evidence that center conducts activities to raise money from resources other than Title VII, Chapter 1. (2) Evidence of development and annual update of a plan for obtaining and increasing funds from sources other than Title VII, Chapter 1. NATIONAL COUNCIL ON INDEPENDENT LIVING COMMITTEE ROSTER Committee Name: Rehabilitation Act Subcommittee REVISED AUGUST 1994 Bob Michaels, Chair Liberty Resources, Inc. Monroe Office Center One Winding Way, Suite 108 Philadelphia, PA 19131 (215) 581-0655 (V) (215) 581-0664 (TDD) (215) 581-0665 (FAX) Dimenet name: michaels Widnet name: N/A Steven E. Brown 2260 Sunrise Point Road Las Cruces, New Mexico 88011 (505) 522-5225 (V and FAX) Dimenet name: stebrown Widnet name: sbrown1 Larry Robinson Granite State ILF PO Box 7268 Concord, NH 03301-7268 (603) 228-9680 (V/TDD) (603) 225-3304 (FAX) Dimenet name: gsilf Widnet name: N/A Lee Schulz Executive Director Southeastern Wisconsin Center for Independent Living 600 W. Virginia Milwaukee, WI 53204-1516 (414) 291-7500 (V) (414) 291-7525 (TTY) (414) 291-7510 (FAX) Dimenet name: schulz Widnet name: N/A June Kailes 6201 Ocean Front Playa Del Rey, CA 90293-7556 (310) 821-7080 (V) (310) 821-0269 (FAX) Dimenet name: jkailes Widnet name: jkailes Laurel Richards ILRU 2323 S. Shepherd Houston, TX 77019 (713) 520-0232 (V) (713) 520-5136 (TTY) (713) 520-5785 (FAX) Dimenet name: laurel Widnet name: N/A Duane French ACCESS Alaska 3710 Woodland Drive - Suite 900 Anchorage, AK 99517 (907) 248-4777 (V/TDD) (907) 248-0639 (FAX) Dimenet name: duane Widnet name: N/A Maggie Shreve Consultant 1523 West Edgewater Chicago, IL 60660-4210 (312) 989-4385 (V/TDD) (312) 989-8268 (FAX) Dimenet name: maggie Widnet name: N/A Paul Spooner MetroWest CIL 63 Fountain Street - Suite 504 Framingham, MA 01701 (508) 875-7853 (V/TDD) (508) 875-8359 (FAX) Dimenet name: pspooner Widnet name: N/A Helen Coburn Roth Executive Director Northern Utah Center for Independent Living 1095 North Main Street Logan, UT 84321 (801) 753-5353 (V/TDD) (801) 753-5390 (FAX) Dimenet name: hroth Widnet name: N/A Jay Johnson OPTIONS - IRCIL 318 3rd Street NW East Grand Forks, MN 56721-1887 (218) 773-8684 (V/TDD) (218) 773-7119 (FAX) Dimenet name: jayj Widnet: N/A Charlotte Stewart Independent Living Center 8625 King George, Suite 210 Dallas, TX 75235 (214) 630-4796 (V-Dallas) (817) 870-9082 (V-Ft. Worth) (214) 630-5995 (TDD-Dallas) (214) 630-6390 (FAX-Dallas) Dimenet name: Widnet name: Chester R. Helms Programs for Accessible Living 1012 S. Kings Drive, Suite G-2 Charlotte, NC 28283 (704) 375-3977 (V/TDD) (704) 375-5907 (FAX) Dimenet name: chester Widnet name: N/A Michael Peluso Director, CAP New York State Commission on Quality of Care 99 Washington Avenue Suite 1002 Albany, NY 12210 (518) 473-7378 (V) (800) 624-4143 (TDD) (518) 473-6296 (FAX) Kent Mickelson Disability Resource Agency for IL 1207 13th Street, Suite 2 Modesto, CA 95354 (209) 521-7260 (V) (209) 521-4763 (FAX) DIMENET USERS' MANUAL (For New and Advanced Users) TABLE OF CONTENTS GETTING STARTED Configuring your computer system Capturing the session on disk Connecting to DIMENET Creating your account Identifying yourself Selecting your logname Selecting your password Contact information Terminal type Verifying your information LOGGING ON TO DIMENET MAIN MENU DIMENET hotkeys Help and how to get it DIMENET PAGE DISPLAY commands The possible PAGE DISPLAY commands are Changing the PAGE DISPLAY pause mode You can change the pause mode of the PAGE DISPLAY at any menu The WHO command EXPLORING OTHER AREAS FROM THE MAIN MENU Bulletins (E-MAIL) ELECTRONIC MAIL Entering your mailbox Reading mail Sending mail DIMENET and INTERNET mail addresses The INTERNET and USENET and what it all means The INTERNET, what is that? So what is USENET? How is DIMENET connected to INTERNET/USENET? What does it cost? E-MAIL and where it can go List servers and mailing lists can be a problem WHAT ARE NEWSGROUPS Why are newsgroups named like they are? So what is a DNET newsgroup? What is the difference between a local and USENET group THE BASICS OF NEWS AND HOW IT GETS AROUND Posting Followup posting Replying via E-MAIL Deleting a newsgroup posting DIMENET NEWSGROUPS Batch read Entering DIMENET newsgroups POSTING NEWSGROUP MESSAGES ON DIMENET Posting directly to the newsgroup DIMENET FILE AREAS Downloading files Uploading files THE IMPORTANCE OF CLOSING YOUR LOG FILE TECHNICAL ASSISTANCE DIMENET Editorial Committee Bylaws DISABLED INDIVIDUALS MOVEMENT FOR EQUALITY NETWORK (DIMENET) DIMENET is a national computer networking system that is accessible at multiple locations and provides access for communications and information sharing among individuals involved in the disability rights and independent living movements. DIMENET is a voluntary cooperative effort of the National Council on Independent Living, National Association for Independent Living, Associated Programs in Rural Independent Living, New England Coalition on Independent Living, the Research and Training Center on Independent Living at ILRU, Independence Associates, Inc., Access Center for Independent Living, Inc., Ability Resources, Inc, Telesys Development Systems and Greater Independence through Management Programs, Inc. DIMENET operations and development are under the control and direction of the DIMENET Editorial Committee. Appendix A contains the Bylaws of the Editorial Committee and the current member roster. Three Independent Living Centers (ILCs) currently provide direct DIMENET dial-up access. They are Independence Associates, Inc. of Taunton Massachusetts, Access Center for Independent Living of Dayton Ohio, and Ability Resources, Inc of Tulsa Oklahoma. The three data numbers to reach DIMENET are (508) 880-5412 Taunton, (513) 439-0557 Dayton and (918) 582-3622 Tulsa. If you have questions or problems call (513) 237-8360 Voice for assistance. DIMENET'S ROLE IN CONSUMER EMPOWERMENT THROUGH COMPUTER NETWORKING Providing independent living services is one of the most information intensive tasks ever undertaken. This is because an Independent Living Center's primary mission is the empowerment of people with disabilities through knowledge transfer. Center staff seek to empower consumers by connecting them with knowledge so that consumers can confidently make choices and decisions about their life, their future, and their destiny. DIMENET seeks to facilitate this process by providing a mechanism to access the current body of knowledge related to and needed for independent living. It does this through the use of searchable databases of information, cataloging systems to manage retrieval and dissemination of relevant print, video, audio and other materials maintained by ILCs, the Government and others, and provides the means for ILC staff and consumers to communicate with others in similar circumstances to secure additional knowledge learned from personal experience. DIMENET promotes the development of the disability community by connecting all ILC's and people with disabilities nationwide. By doing so it facilitates the peer-sharing approach that is basic to the independent living movement. DIMENET is committed to the concept of universal access. As a result the DIMENET software is constantly improved in response to user input and is structured to insure that it is accessible to individuals that utilize adaptive software and hardware. DIMENET insures that consumers with disabilities have access to the information resources available today. DIMENET will continue to do so in the future. DIMENET is based on a unique design that allows it to serve as an information and communications system for local ILC staff and as a dial up Computer Bulletin Board System for access by consumers and the general public. DIMENET provides access to searchable databases of information and serves as a gateway to the new electronic highway. DIMENET provides access to Internet electronic mail capabilities and participation in USENET Newsgroups allowing communication with individuals around the world that have access to Internet, FidoNet, Compuserve, America On-Line, Delphi, Genie and other computer network systems. When resources permit, DIMENET will provide direct access through the INTERNET to services such as those available through the Library of Congress, Census Bureau, Department of Justice, Rehabilitation Services Administration, National Rehabilitation Information Center, Clearinghouse on Rehabilitation Training Materials and other sources of Government and non-government information related to independent living and disability rights. We invite you to join the DIMENET community to share information and interact with network members. We welcome and encourage your participation in this new electronic disability community. We would be pleased to have you host a Newsgroup and/or File Area on DIMENET to share information concerning your organization and its activities. DIMENET is an excellent way for you to stay in touch with colleagues and friends around the country and allow individuals to benefit immediately from your efforts and expertise. We look forward to sharing with you through DIMENET. Sincerely, Roland W. Sykes, Chairman DIMENET Editorial Committee GETTING STARTED Configuring your computer system To connect to DIMENET, you need a computer, modem, and most any type of communications software. DIMENET works with 300, 1200, 2400, and 9600 baud modems. Your communications parameters should be set to communicate using 8 bits, one stop bit and no parity. Consult your communications software manual for help on configuring communications parameters. The phone number to reach DIMENET is (508) 880-5412 OR (513) 439-0557 OR (918) 582-3622. DIMENET is capable of supporting modems at speeds up to 57,600 BAUD. If your modem is faster than 9600 BAUD please call (513) 237-8360 for assistance in configuring your system to attain maximum speed in utilizing DIMENET. Capturing the session on disk Before you dial you should open a log or capture file to capture the screen display in a file on your machine for future reference. Then you can read it later after you have logged off of DIMENET. Check your communications software manual for information on how to create log or capture files. NOTE: Using Procomm, Procomm+ or Telix you would press ALT and while holding it press the F1 key. When the window appears give it the filename you want the log file stored in on your machine and press ENTER. Using Crosstalk you would press Escape. When the bottom line of your screen says Command ? type CA filename and press ENTER where filename is the name of the file you wish to use. Connecting to DIMENET Once you have opened a log file you are ready to connect to DIMENET. Give your system the command to dial DIMENET. Your system will connect to DIMENET and you should see the following screen: HOME of DIMENET Enter dime to Login dimenet!login: NOTE: If you do not get the screen above press ENTER. It should appear. Once you have the screen shown on the previous page type dime in lower case letters and press ENTER. Your screen should now show the following: HOME of DIMENET Enter dime to Login dimenet!login: dime TeleSys-II BBS System - v5.22 - tsbbs02.tnet.com Dimenet If you are a NEW USER, login as new Login: Creating Your Account At the above prompt type new and press ENTER. This starts the process of creating a DIMENET account for you. You will receive a message welcoming you to DIMENET. Identifying yourself You will be prompted to enter your Full Real Name. Please do so. Selecting your logname You will be asked to enter a logname that you will use to identify yourself in order to log into DIMENET. This logname will be used by you to log into DIMENET and will be used by others to address mail to you. Your logname can be from 3 to 8 characters in length, all lower case letters. We recommend that you use either your last name, or the first letter of your first name followed by your last name (or as much of it will fit). This will make it easier for others to remember when sending mail to you. For an organizational account you can use the initials of the organization name. Anything that will make it easy for others to remember. Selecting your password You will be asked to enter a 3 to 8 character password. You will be asked to enter it twice to make sure that it was recorded properly. Passwords can contain letters and numbers. No imbedded spaces are permitted in passwords. Please choose a password you will remember. You will not be able to logon without your logname and password. Contact information You will be prompted to enter your street address, city, state and zip code as well as night, day, Fax and Deaf Access TDD phone numbers. The system then allows you to enter your organization name. Two lines are available for your organization name. Your street address and night phone numbers are private and are not displayed to other users unless you make them public using the utilities commands after you logon. All other information, if given, is public and can be viewed by others using the Who command. Terminal type The Database Systems available within DIMENET operate more efficiently when utilizing the terminal emulation capabilities of your communications software. Utilizing terminal emulation allows information to be transferred to your computer utilizing less characters than are needed without terminal emulation. This improves speed and efficiency of the system during database operations. You will be prompted to enter your terminal type. A list will be displayed from which to choose. Select the appropriate terminal type by number and press ENTER. If you are not sure which one to choose consult your communications software manual to determine your current system terminal setting. Most communications software will do a number of different terminal emulations. Determine the settings of your communications software and then select the terminal type that matches it from the ones presented by DIMENET. If your terminal is not on the list or if you are not sure what type of terminal you are using select 3 ANSI.SYS standard crt. Selection 3 ANSI.SYS works with most popular communications software such as Procomm, Procomm+, Telix and Crosstalk. The current terminal types supported by DIMENET are: ## Description 1 unknown dumb terminal 2 SCO ansi Console 3 ANSI.SYS standard crt 4 DEC vt52 terminal 5 DEC vt100 terminal 6 DEC vt102 terminal 7 Wyse WY-30 terminal 8 Wyse WY-50 terminal with 80 column screen 9 Wyse WY-60 terminal with 80 column/24 lines 10 Wyse WY-75 terminal with 80 column/24 lines 11 Wyse 85 in 80 column mode, vt100 emulation 12 Wyse 100 terminal 13 Wyse 350 80 column color terminal emulating Wyse 50 14 Wyse 150 terminal You will then be asked the following two questions. Do you want the Clear Flag turned on. This flag will clear the screen each time a major menu or message is displayed. Clear Flag On (Y/N): Do you want the Brackets flag on. This flag when on will cause the system to display all data fields to be enclosed in brackets. Example: With Brackets User Name: [Roland Sykes] Without Brackets User Name: Roland Sykes Brackets Flag On (Y/N): Verifying your information After you have answered the brackets flag question all the information you have entered will be displayed as shown below. Items with an * can be changed later after you login. Logname : rsykes User Name *: Roland W. Sykes Addr1 *: 6256 Ramblewood Drive City *: Dayton State *: OH Zipcode *: 45424 Night Phone *: 513-237-8360 Day Phone *: 513-237-8360 FAX Phone *: 513-237-9191 TTY Phone *: Organization *: Greater Independence through *: Management Programs, Inc. Term Type *: dosansi Clear Flag *: ON Bracket Flag *: OFF Is the above correct? (Y/N): You will be asked to verify if the information is correct. Answering no will start the account creation process over again from the beginning. Answering yes will create your account using the information displayed. LOGGING ON TO DIMENET Once your account has been created you will be returned to the login prompt and will see the following: TeleSys-II BBS System - v5.22 - tsbbs02.tnet.com Dimenet If you are a NEW USER, login as new Login: At this point you can login using your new logname and password. Enter your logname and press ENTER. When prompted enter your password and press ENTER. You will be logged on to DIMENET. MAIN MENU You will see the DIMENET Welcome Message, then the Main Menu will display as shown below: B Bulletins C Conferences D Databases F File System G Goodbye L Logged on Users M Mail System N Newsgroups Q Questionnaire R Read Files T Time U Utilities W Who are users X Xpert Toggle ? Help Main Menu: From the Main Menu you can go to any of the other areas of DIMENET. But, first you need to know about four features of DIMENET. Hotkeys, Help, the Page display and Who command. DIMENET hotkeys Hotkeys are used throughout DIMENET whenever possible to reduce the number of keystrokes required for system use. You move around within DIMENET by selecting the first letter of the area you want to visit or the first letter of the menu item you want to choose. If possible DIMENET executes the commands without the need for you to press ENTER. Sometimes it is not possible to accept input without the need to press ENTER. An example is the need to enter a members logname to look up information on that person. In these instances DIMENET will wait for you to press ENTER after typing in your selection before executing the command. Help and how to get it Whenever DIMENET is waiting for a command help is available by typing ? (Question Mark). This is true at all menus and sub-menus of the system and while waiting at a more prompt in the page display system. The help provided will be specific to the area you are in or the function you are using. In the DIMENET Editor and Conference Areas help is available by typing /H and pressing enter. DIMENET PAGE DISPLAY commands DIMENET employs a powerful page display system. Whenever you are reading an item and it is more than one screen DIMENET will use the page display. You will recognize it by the following display at the bottom of the screen: More 23 of 47 48% Y/N?: In this example the prompt shows that you are looking at the first 23 lines of a 47 line message. You are 48% through the message. It is waiting for you to give it a command. The possible PAGE DISPLAY commands are: Y or Space Bar to move forward one screen ENTER move forward one line C display to the end of message with no further pauses U page backward one screen R redisplay current screen T goto Top of item E goto End of item / Search for string in file Case-Sensitive \ Search for string in file NOT Case-Sensitive N or Q Quit and return to menu ? Help on using the page display commands Changing the PAGE DISPLAY pause mode When you first enter DIMENET the page display pause mode is turned on. This means that if the item you are viewing is more than one screen it will display each screen of the item and pause waiting for you to give it a command. When pause mode is off items will be displayed in continuous mode. This means that when you read an item the entire item will scroll up the screen and you will see the page display prompt at the bottom of the screen. To continue press the space bar or use one of the page display commands to redisplay the message or a portion of the message. Pause mode off is useful if you have opened a log or capture file and just wish to display the information in order to save it but do not want to take the time to read it while you are on-line with DIMENET. You can change the pause mode of the PAGE DISPLAY at any menu. Pressing - (minus sign) turns pause mode off. Pressing + (plus sign) turns pause mode on. Whenever you change the pause mode of the page display it will present a message on the screen indicating that it has turned the Pause Mode Off or Pause Mode On as appropriate. The WHO command The WHO command appears on most menus. It is used to look for another users logname in order to send mail and to see information about a user or groups of users. Press W Who from any menu where it is displayed and you will be presented with the following prompt: Who: Enter Logname (ALL,R,D,A,S,Q,?=Help): From this prompt you must make a choice depending on what you want to display. Entering the logname of a user and pressing ENTER will display all public information available about the user including address, phone numbers and the users resume information. Pressing ENTER will list all users alphabetically by logname. Pressing R ENTER will list all users alphabetically by logname in reverse order. Pressing D ENTER will list all users by date of last login with the most recent first. Pressing A ENTER will list all users by date of last login with the most recent last. Pressing S ENTER will present instructions for searching the user database and wait for you to give it a string of letters or characters to find. Using Who Search allows you to find users by logname, real name, city, state or date of last session. You can enter the item to look for in lower case letters and then press ENTER. The System will display the user information that matches the string you gave it to find. If you are searching by logname, real name or city, just enter the logname, first name, last name or city and press ENTER. To find all users in a particular state enter a comma, then a space, then the two letter designation for that state. To find all users in Ohio you would enter , oh ENTER. EXPLORING OTHER AREAS FROM THE MAIN MENU Now that you are familiar with DIMENET hotkeys, help, page display and Who commands it is time to explore the areas we can visit from the main menu. Bulletins The DIMENET Bulletins System is an automatic function that will search the items available in the Bulletins area right after you log on. If any items are found that have dates since your last logon the system prompts you to read them. If you answer yes it will display all new bulletins posted since your last logon. Then you will be placed at the Main Menu. The Bulletins area on DIMENET is used to inform users of important news or system changes. Most items placed here are news of new statutes and regulations that are available and where to find them in DIMENET. Also, news of interest to the disability community that we want to make sure you get an opportunity to see. Like funding announcements, deadline dates on proposed regulations, policy items from various Federal agencies and other important news you should not miss. You can also read Bulletins by selecting B Bulletins from the Main Menu. You will be presented with the following screen. Available System Bulletins to Read ## Description 1 CIL Proposed Standards and Indicators 10/27/93 2 Catalog of Federal Domestic Assistance Database 11/07/93 3 Proposed CIL Data Collection Forms from RSA 12/3/93 4 NEW Title VII Regulations PRE-OMB Draft 12/22/93 5 Frank Bowe's request for Action on NII 1/3/94 6 Rehabilitation Act updated copy thru 93 Amendments 2/8/93 7 RSA Pre-OMB DRAFT of FY95 Pre Print Plan for IL 3/13/94 E Exit to Main Menu Bulletins Menu: You can select any bulletin to read by entering the number of the item you wish to read and press ENTER. The item will display and then you will be returned to the Bulletins Menu. When you are done viewing bulletins press E to exit and press ENTER. You will be returned to the Main Menu. (E-MAIL) ELECTRONIC MAIL E-mail (electronic mail) is a method for exchanging messages among individual network users. All DIMENET users can send e-mail to other DIMENET users on the same system. If you have made a donation to DIMENET you can also send e-mail to DIMENET users on other DIMENET systems and to any address on the Internet. When you login you will automatically be notified if you have mail. The message "You have mail" will appear above the Main Menu whenever there is mail in your mailbox. This message will always show as long as there are remaining messages in your mailbox whether you have read them or not. Entering your mailbox If you press M for Mail at the Main Menu you will see the Mail Menu shown below: ## Date From Size Subject N 1 8-Nov-93 Paul W. Spooner 6 sending files N 2 8-Nov-93 Paul W. Spooner 2 remove files N 3 8-Nov-93 Paul W. Spooner 6 lightspeed A Answer Mail D Delete Mail E Exit F Forward Mail G Goodbye H Header Message L List Mail M Mail Addresses N Nonstop Read All R Read Mail S Send Mail T Time U Undelete Mail W Who are users X Xpert Toggle ? Help Mail System: If you have mail it will list and be displayed one item per line above the Mail Menu. The left column will display N for new, R for read. The second column shows the mail message number. The third column shows the date the mail arrived in your mailbox. The fourth column shows the name of the person that sent the mail message. The fifth column shows how long the message is in lines. The sixth column shows the subject the sender assigned when it was sent. Reading mail There are three different ways that you can read mail. The first is by selecting R to Read items beginning with the most recent item. After reading the entire message the Mail Menu will appear. At this point you can press A to Answer the item you just read, D to Delete the item you just read, F to Forward the item you just read to another user, or select R to Read the next item in your mailbox. The second way to read mail is by entering the number of the mail item and pressing ENTER. This method takes you directly to the message chosen. After reading the entire message the Mail Menu will appear. At this point you can press A to Answer the item you just read, D to Delete the item you just read, or F to Forward the item you just read. To redisplay the list of items in your mailbox use L to List Mail. The third way to read mail is to use the N Nonstop Read All command. This command will cause the mail system to display all your waiting mail in a continuous mode. This option does not give you the option of answering, deleting or forwarding messages. It simply is a way to quickly retrieve all your mail in one move. That way you can capture it in a file on your machine and read it later once you are off-line. Sending mail There are two ways to send mail on DIMENET. You can prepare your mail message ahead of time in an ASCII file and upload it to the Editor or you can compose your message by hand while you are on-line. Since using DIMENET entails a long distance call it is more economical if you compose your message off-line and then up-load it. We suggest that you prepare your mail message as an ASCII file using your word processor. ASCII stands for American Standard Code for Information Interchange. Most word processors can create ASCII files either by saving them directly or by printing them to an ASCII file. Check your word processor manual to learn how to create ASCII files. You can use Wordperfect to create ASCII documents by using the Text In/Out Feature. Retrieve the document onto the screen. Set the right margin to 2 inches, then select Control-F5. A menu will appear. Select DOS text. Another menu will appear. Select Save. It will ask you for a filename to store it in and then create an ASCII file that you can upload as a mail message. You can use Wordstar to create an ASCII file by printing your document to a disk file. Check your Wordstar manual for the process to create ASCII files. In Windows applications you can select File from the Menu Bar and then select Save as... A window will appear. Use the mouse or the TAB key to get on the box at the bottom of the window titled Save file as Type. Click on the arrow at the right of the box to open it and then scroll down and select ASCII. Then give it a filename and save it. Once you have created your mail message in a file or are ready to compose a message on-line log on to DIMENET. From the Main Menu select M Mail System. The Mail Menu will appear. Use the Who Command to find the logname of the person that you want to send mail too. Then select S Send Mail. You will see the prompt: TO: Enter the logname or Internet address of the person you wish to receive the mail message and press ENTER. If you entered just a logname DIMENET will find the user and place their real name on the TO line in parenthesis (). If the mail is to a user on another DIMENET system or an address on the Internet the address as you entered it will be displayed. Then you will see the prompt: Subject: Enter a subject for the message and press ENTER. Then you will see the Editor appear indicating it is ready for you to compose or ASCII upload your message. Enter Message: Type: / at start of a line to end message. For HELP type: /H Editor is ready for you to upload ASCII or compose your message At this point you can compose your message by hand or give your machine the command to ASCII upload the file containing the mail message. Check your communications software manual to determine how to upload files using ASCII upload. Using Procomm, Procomm+ and Telix press the PageUp key to upload. A window will appear with possible upload methods. Select ASCII. Another window will appear asking for the filename of the file to upload. Give it the path and filename of your ASCII prepared message file. Using CrossTalk press Escape. The bottom line of your screen will say Command ?. Type SEND FILENAME and press ENTER to upload the file. Replace FILENAME in the example above with the name of your ASCII message file. Once the file has transferred or you have composed your message by hand press ENTER to get on a blank line. Then type a / (slash) and press ENTER. You will see the following prompt as the editor closes the document you created and waits for you to edit the message or send it. A Abort C Change D Delete I Insert S Send L List ?=Help: From this menu you can Abort the message if you change your mind, Change a line in the message, Delete a line or lines from the message, Insert lines into the message or append them at the bottom of the message. L will List the contents of the Editor to allow you to determine what line number to use to change, delete or insert text. Press S Send. If you have a signature file you will be asked if you want to append it to the message. Then the mail message is delivered to the receivers mailbox. You will see the following prompt: Do you want to send the same message to another user? (Y/N): If you answer No you will be returned to the Mail Menu. If you answer Yes you will be able to send the same message to another person and will see the prompt: [Press Enter to see user list] To: Enter the logname or Internet address of the person you wish to receive the message and press ENTER. If you can not remember the persons logname press ENTER. You will be placed into the Who command to look up the users logname and when finished be back at the "Do you want to send this same message to another user" prompt to try again. If you send it to another user by entering the logname of the user DIMENET will identify the user by placing their real name on the TO line in parenthesis () and then ask if you want to edit the message first. If you answer yes you will be placed into the Editor to edit the message. After you have answered no to the question of editing or finished with the Editor it asks you to confirm that it is ok to send the message to the user. If you answer yes the message is delivered. If you answer no it is not delivered. Either way you will be asked if you want to send the same message to another user. If you do you can edit it again if you choose before sending it. Answering no returns you to the Mail Menu. DIMENET and INTERNET mail addresses If you have privilege to send mail off-site you can send e-mail to any address on the Internet. Just enter the full Internet e-mail address at the TO prompt when sending mail. Selecting M Mail Addresses from the Mail Menu will show if you have privilege to send mail off-site. It will also show your incoming UUCP (Unix to Unix Copy Program) and Internet mail addresses for your DIMENET mailbox. They are your worldwide e-mail addresses that others can use to send mail too you. You have privilege to send email offsite and you can receive email from offsite with the following email addresses: Your email addresses are: UUCP:...!ncar!asuvax!libre.com!tnet.com!tsbbs02!rsykes INTERNET: rsykes@tsbbs02.tnet.com In order for e-mail to be delivered on the Internet all systems that provide Internet e-mail services must have registered Internet system names. Each system name is unique. Systems on the Internet are divided into domains or groups. Each domain has a machine, or group of machines, responsible for routing e-mail to systems in the domain. Using this method it is possible for mail to be routed over the Internet and be delivered to a particular user on a particular system. A typical Internet e-mail address looks like the following: rsykes@tsbbs02.tnet.com Internet e-mail addresses are composed of four parts. The users logname that you are sending mail too, followed by an @ (at sign), followed by the system name of the machine on the Internet where the user has their e-mail account, followed by the domain that services mail requests to that system. The example above rsykes@tsbbs02.tnet.com is for my account on DIMENET Taunton. My account has a logname of rsykes. The system name is tsbbs02 and .tnet.com is the domain. The INTERNET & USENET and what it all means We WELCOME you to the world of networking. You are connecting to a system that is connected to the world, and as such, you will have abilities to do things that can be read, seen and responded to, by literally millions of users throughout the world. The INTERNET, what is that? THE Internet is a bunch (literally hundreds of thousands) of computer systems connected together around the world into one big network. Most of these sites are using what is called Internet Packets to send data from site to site. All sites on the Internet are given a unique system name and an address called an IP (Internet Packet) address that consists of a unique group of digits separated by periods. Some examples: 192.150.127.5 is the IP address registered to TNET.COM, 198.4.7.1 is the IP address registered to CompuServe, and 128.54.16.1 is the IP address registered to the University of California San Diego. The IP address and system name are used to control the routing of data and connections on the Internet so that proper connections are made and so that e-mail, news items and other data get delivered to the proper place on the network. So what is USENET? USENET is another network, but one that goes beyond IP addressed sites. Originally composed of basically UUCP (Unix to Unix Copy) systems, it is now integrated into a whole host of additional networks including the Internet. These systems all together are what is loosely called USENET. Systems that are connected to the USENET do not necessarily have an ongoing physical connection with all the other systems. Instead, they may use other protocols to temporarily connect to get and send information to and from USENET such as UUCP (Unix to Unix Copy), X.25 (Packet Protocol), and SLIP (Serial Line Internet Packet). How is DIMENET connected to the INTERNET/USENET? We are connected via UUCP to each of the other DIMENET sites throughout the country. All DIMENET systems in one form or another are connected to a site located in Phoenix Arizona that acts as a gateway between the DIMENET network and Internet/USENET. This system is responsible for all traffic between DIMENET sites and the rest of the world. What does it cost? Many users forget that these resources cost money. Obviously, sending an email message to a user on the same system in itself doesn't cost a lot, but sending a bunch of messages off to another site around the world can incur a cost not only to the site you sent it from, but also each site along the way that has to permit the message to flow though it. All DIMENET sites are connected via what is called UUCP (Unix to Unix Copy) which uses regular phone lines using high-speed modems. These connections are long distance calls between each of the sites. Each message or email that needs to be transferred from one DIMENET site to another or from DIMENET to the outside world, is most likely being sent via a Long Distance Call. These costs are paid for by the system you are connecting to and all the other DIMENET sites that they need to connect with to pass on information. This cost is the reason that off-site mail privileges are only given to individuals and organizations that make a yearly donation to their local DIMENET site. The donations go to pay the communications costs for delivery of off-site items and our connections to Internet. E-MAIL and where it can go If you have off-site mail privilege you have the ability to send email to just about anywhere in the world. This includes to commercial systems like Prodigy, CompuServe, America On-Line and even the President of the United States. Sending email to a user elsewhere in the world should be done with care so that the message is properly delivered. Improperly addressed email will result in email bouncing. Bouncing is when a mail message is returned to the sender. If off-site mail cannot be delivered it will be returned to the sender (bounced) with a header message at the top indicating the reason that it could not be delivered. If you experience bounced mail please contact the DIMENET system administrator by leaving a log off message or by sending mail to sysop. They will help you get your mail delivered properly. List servers and mailing lists can be a problem On the Internet some information is made available by what are called list servers or mailing lists. These are usually automated processes that distribute information to a mailing list of users. Individuals can subscribe to the list by sending mail to a given address. This adds their name to the distribution list. Many times this is a valuable way of distributing important data to a small group of people. The Whitehouse has a mailing list to tell people of what the President has said in speeches. A good idea. BUT. Not so hot when many people from the same site begin subscribing to the same mailing list. Instead of getting only one copy of the mailing list for one user, a copy for each user that is subscribed is received, duplicating resources, transmission times and reducing overall performance of the system. As an example, the Whitehouse mailing list typically includes about 5 to 10 messages a day. These are a bit on the large side tending to be around 25 to 30k each. For one user on a site, this would amount to about 300kb of data each day for a site. Assuming the larger amounts. If 10 users, however, were subscribed on the same site, this would be more than 3,000kb or 3 megabytes of data per day. This adds unnecessary data transmission costs that can be reduced by cooperation. If several users are interested in the same mailing list, an arrangement can be made to have the mailing list Gatewayed so that only one copy will need to be received by the site. The Gateway automatically translates the mailing list to newsgroup format allowing only one copy to be received that all can read. As an example, DIMENET systems carry the White House mailing list as the Newsgroup dnet.clinton.news. It contains text of speeches, press releases, proclamations and news on a range of topics including health care reform. If you find that you want information from a list server or mailing list, please contact the System Administrator and tell them what list server or mailing list you are interested in. You may find that there are others that are already obtaining this information on your site. The system administrator may arrange to have the mailing list Gatewayed to a Newsgroup for you. If others are not interested, and it is not a large mailing list, the system administrator may then give you permission to subscribe to the list as e-mail. Users who register for large or duplicate mailing lists, without permission of the DIMENET system administrator, may have their accounts ability to send off-site email revoked. A good example of this is what happened on an Internet site recently. A user subscribed to the Catholic informational mailing list. This one mailing list included more than 350 postings a day. Many of them VERY large. This resulted in more than 2.7 million bytes of data being received by this site on a daily basis. This cost the site more than $12 a day in long distance charges just for this one users mailing list. It took more than 2 weeks for the list to get turned off. Moral of the story is that you should ask the site administrator about any list before you subscribe. Many times the information is already available on the site and you just need to be directed to where it is located. WHAT ARE NEWSGROUPS Newsgroups are like bulletin boards. People post messages in them for others to read. When you read a newsgroup, you will see the messages (postings) that others have made. Newsgroups are essentially a public forum on a given topic or issue. DIMENET supports several types of newsgroups: LOCAL This is a newsgroup that is only on the system that it resides on. It is not available on other DIMENET systems. LOCAL Private This newsgroup is local, but in order to read it, you must be included in the users access list that is maintained by the Moderator of the group. LOCAL Exclude This is a local exclusive newsgroup. Only members included in the users access list maintained by the Moderator of the group can even see that the group exists. Non-members will not see it listed when they list available newsgroups. USENET This is a group that is propagated to more than one system. This can consist of regular USENET newsgroups or the special DNET newsgroups discussed later. USENET Private & Exclude The same as Local Private/Exclusive except that these groups are propagated to all three DIMENET Systems located in Taunton, Dayton and Tulsa. The Moderator for the Newsgroup has an account on one of the three DIMENET Systems and controls the user list to allow access by users on any of the three DIMENET Systems. Why are newsgroups named like they are? In the beginning of USENET a couple hierarchies were created to group newsgroup topics into general categories. This made passing of news items from site to site easier. These categories included: comp (computer), misc (Miscellaneous), news (news as in newsgroups), rec (recreation), sci (science), soc (social) and talk (talk) Over time, many more newsgroups have popped up including: alt (alternate), biz (Business Commercial), bionet (biological), bit (bitnet), clari (Clarinet), info (information), mail (mail), and a large number of local hierarchies All together there now exist well over 7000 newsgroups throughout the world. Each hierarchy contains a type of newsgroup structure. comp.* are groups related to computers, soc.* are groups that deal with social issues and so on. So what is a DNET newsgroup? DNET (normally seen as dnet.newsgroup_name) is a special hierarchy of newsgroups that are used by DIMENET sites for the newsgroups maintained as the DIMENET network. ONLY DIMENET sites are permitted to receive these newsgroups. In order to read a dnet.* newsgroup, you must access a DIMENET site to see them. What is the difference between a local and USENET group If you post a message to a LOCAL group, it will only show up on the system you are connected to. This may include anywhere from 20 to 30 users to several thousand depending on how large the system is. A USENET group however may be carried by many systems and may have a readership of SEVERAL MILLION READERS!! All newsgroups that are marked as USENET that are not in the dnet.* hierarchy are broadcast to a very large number of sites. THE BASICS OF NEWS AND HOW IT GETS AROUND When you post a message, it is stored on the system where you posted it. Normally, it will show up on the system you are connected to fairly quickly. Sometimes as soon as you re-enter the newsgroup. If it is a local group, then that is as far as it's going to go. If however it is a dnet.* or USENET type group, it needs to get to other sites carrying that newsgroup. This happens by a method called batching. Each new posting on your system is listed in a file for each system that is supposed to receive that news. Every so often, the system reads these files and creates a compressed batch of news to be sent to the other sites. One of those batches would contain the message you posted. The next time one of these sites connects with your site, the information is sent via UUCP to the other site where it is unbatched, and stored in the appropriate space for that news. That site then performs the same task of batching to pass on the news to other sites that it serves. Eventually, your message is delivered to all the readers of the newsgroup. How long it takes for this to happen depends on how quickly all these sites connect and receive the news. For a large USENET newsgroup that has a readership all around the world, it may take between 5 to 7 days for your post to actually arrive to the farthest reaches of the net. For DIMENET sites and dnet.* newsgroups, most news articles will be received within 24 hours. Posting When you decide to post an article to a newsgroup, it is suggested that you put some thought into it before and while entering in your message. It is many times much easier to compose a message off-line so you have time to think about what it is you are trying to say, giving yourself time to check spelling, grammar. et al. REMEMBER, your posting may be seen by MILLIONS OF USERS! Is the message clear? Can people understand what you are trying to say? Is the message content related to the topic which the newsgroup addresses? ARE YOU USING ALL UPPER CASE LETTERS. If so many people will wonder if you are SHOUTING at them. It is better to use mixed case to help make a POINT so that users can QUICKLY see what you are trying to EMPHASIZE. You should be careful when you are posting something that is intended to be funny. You need to make sure that people interpret what you are saying as being funny or as intended to be funny. This is done by an old established USENET method of marking text with what is called a Smiley which looks like this :-) Keep in mind that people can't hear your message as you intended it and have to read it to understand its meaning. If what you are posting is personal or intended for a single user, then PLEASE use E-MAIL INSTEAD! Please don't post a message for all to see when its intended for a single person. NEVER POST IN ANGER! This is an easy thing to want to do, but almost always a big mistake. Most people don't come across as being very rational when they are posting in anger. Some of the biggest flame-wars to take place on USENET (a flame is to say something inflammatory about or to someone) are over postings made in anger. If you are angry about what someone has said, take some time to cool off before you post a reply. The best reply sometimes is to not reply. If you really have to respond and it is personal PLEASE use E-MAIL INSTEAD! Followup posting When you read a newsgroup posting and decide you want to add some comments to it or perhaps answer a question raised in the original post you can followup post. While composing a Followup Post you should be thinking about: Is this a personal reply that could be better delivered if it is sent via e-mail rather than to the whole world? If so select A Answer to User and your message will be delivered as an e-mail message to the poster of the original message only. Are you including the entire text of the original item in your reply? Is so, WHY? Remembering that the size of the message that is sent can directly effect the costs involved in sending it, be careful to remove any information in a reply that includes the original that is not directly related to the reason you are responding. This makes it easier for users to understand what you are trying to say. Was the original post in the appropriate newsgroup? If not, please post the followup in the appropriate newsgroup. Don't like what you read in an article, and want to send some flames. PLEASE use E-MAIL INSTEAD! Replying via E-MAIL The preferred method of responding to a post when the answer is specific to the user that the post was from is to send them an e-mail message. If someone asks for information on how to do something or find something, chances are, that if you e-mail them the information using A Answer to User, they will get it much faster than if you post it to the newsgroup as a followup message. News can be a bit slow sometimes due to the way it is handled. E-mail however normally has priority over any other type of traffic. E-mailing a message directly to a user may get there in less than an hour while waiting for news to arrive at the same users system may be delayed by up to several days. Many times, the user that posted the request, will followup their own post to recap the responses they received so that others with the same question may get the answer. If you see a question asked and you would also like an answer, e-mail the original poster telling them that when they get an answer, you would like to receive the information also. Most users will oblige such a request and if they receive many requests, will post the information for all to see. Deleting a newsgroup posting This is not as easy as it may seem, especially if you posted the message more than an hour before and the newsgroup is a USENET type. The reason is this. Even though the message that you posted is stored on the system you posted it to, copies may have already been sent to other sites for storage as well. When you delete a message, the system will remove the message on the system you are using right then. It then sends what is called a control message to the rest of the sites telling them that you have requested that the message you posted be deleted (canceled). This control message travels just like all other news postings and will take just as long to get there as the original message did. The moral of this story is, BEFORE you post something, make sure it is accurate, composed properly, factually correct and something you want everyone to read. You cannot delete a posting of another user unless you are the moderator of the newsgroup which contains the article. This is to prevent someone who does not share your opinions from deleting your postings. DIMENET NEWSGROUPS You can post messages to Local and dnet hierarchy newsgroups and read the contents of all public newsgroups. You can also read and participate in Private and Exclude Newsgroups if the moderator has placed your logname in the permissions list for the Newsgroup. If you have off-site mail privilege you can also post messages to USENET Newsgroups other than those in the dnet hierarchy. Batch read The DIMENET News System provides a powerful function called Batch Read. It allows you to subscribe to Newsgroups. You can then use the B Batch Read command from the News System Menu to get all new items you have not seen from all subscribed newsgroups quickly and efficiently. If you subscribe to newsgroups and then use the Batch Read command all new items in those newsgroups can be displayed on the screen in continuous scroll mode so that you can capture the information in a log file and read it later off-line. Batch Read also has the capability to place the new items in a file and then compress the file before sending it to you as a file download. This greatly reduces the time needed to transfer new information from Newsgroups. Compression methods are available for use on DOS, MAC and Unix computers. The Batch Read command can compress files using Unix Compress, Unix Pack, ZIP or ARC. It will ask you to choose one when you use it. The Batch Read command will download the compressed file too you using a file transfer protocol. It will ask you to choose one. The file transfer protocols available are Batch Ymodem, CRC Xmodem, Kermit Transfer, Xmodem Checksum, Ymodem/Xmodem1K and Zmodem Transfer. Uncompression software tools are available in the Tools File Area of DIMENET for downloading if you need them. In order for the Batch Read function to work the system must record your list of subscribed newsgroups. The very first time you enter newsgroups you will see the screen below. NEW USER NOTICE: Being that you are new to the news section, you now need to select which newsgroups you want to subscribe to. Subscribing to a newsgroup, allows you later to quickly read any new postings to that newsgroup via the Batch Read function. Batch read will not send new articles from a newsgroup unless you have subscribed to it. You now have four choices to choose from: 1) DO NOT subscribe to Any Newsgroups 2) SUBSCRIBE to ALL Newsgroups 3) Individually select which groups to SUBSCRIBE. Q) Quit news and return to main menu Note that selection #3 may take awhile as there may be many newsgroups to select from. Which option would you like: If you choose 3 to individually select which groups to subscribe it will present each new newsgroup and wait for you decide if you want to subscribe or not as shown in the example below. Subscribing to Newsgroups ONLY effects the functioning of the Batch Read command. You can still enter, read and participate in a Newsgroup even if you choose not to subscribe. Subscribing just makes it possible to get all new items from the newsgroup using the Batch Read command. When new newsgroups have been added to the DIMENET System and you enter Newsgroups you will be prompted for your subscription selections for the new Newsgroups. NEW NEWSGROUP! Group: dnet.ADA Desc : Americans with Disabilities Act Type : USENET PUBLIC Subscribe (Y/N/Q): y NEW NEWSGROUP! Group: dnet.Adapt Desc : American Disabled for Attendant Programs Today Type : USENET PUBLIC Subscribe (Y/N/Q): y After you have finished answering the newsgroup subscribe questions the following Menu will appear: B Batch Read C Catchup News E Exit G Goodbye L List Newsgroups O Old Newsrc P Post Article R Read Newsgroup S Subscribe T Time U Unsubscribe X Xpert Toggle ? Help News System Menu: From the News System Menu you can Batch Read all subscribed Newsgroups, List the available Newsgroups, Post a message to a Newsgroup, Read a Newsgroup, and Subscribe or Unsubscribe from Newsgroups. Two other important functions are also available at the News System Menu. They are C Catchup News and O Old Newsrc. Catchup News is useful for users that have subscribed to newsgroups because they wish to receive all new items from the newsgroups BUT, do not want to Batch Read all of the old items from their subscribed newsgroups. Selecting C Catchup News will update your newsgroup record counters so that they are current. Then the next time you log in and do a Batch Read you will only get the new stuff from your subscribed newsgroups since your last login. O Old Newsrc is a selection that will reset your newsgroup message record counters back to where they were before your last Batch Read. This is useful if you were executing a Batch Read and for some reason lost the phone connection to DIMENET. You can reconnect to DIMENET, select N Newsgroups, select O Old Newsrc, then select B to Batch Read again. To see a list of Newsgroups press N Newsgroups from the Main Menu. Select L List Newsgroups. You will see the following prompt: List Groups: Enter newsgroup (ENTER=ALL/B/S/U/Q/?=Help) Input selection: From this menu you can select B to view a brief listing of all newsgroups, S to list all subscribed newsgroups or U to list all unsubscribed newsgroups. Selecting B for a brief listing will show all newsgroups one per line as shown below. List of ALL Newsgroups Brief (S) dnet.ADA Americans with Disabilities Act (S) dnet.CILstandards RSA Workgroup on CIL Standards and Indicators (S) dnet.Editorial DIMENET Editorial Committee (S) dnet.Employment Job announcements and other employment opportunities (S) dnet.General General Information (S) dnet.ILRU Independent Living Research and Utilization RTC (S) dnet.Meetings Meetings and Conferences (U)*dnet.NAIL National Association for Independent Living (S) dnet.NARIC National Rehabilitation Information Center (S) dnet.NCILBoard National Council on Independent Living Governing Board (S) dnet.NCILMembership National Council on Independent Living Members (S) dnet.NECILC New England Coalition of Independent Living Centers (S) dnet.PAS Personal Assistance Services (S) dnet.PCIL Pennsylvania Council on Independent Living (S) dnet.Presidential Presidential Forum (S)*dnet.Rehabact Rehabilitation Act Reauthorization (S) dnet.Suggestions DIMENET System Suggestions or Questions (S)*dnet.Town_Meeting Town Meeting (Open Forum Discussion) (S) dnet.Training Independent Living Training Resources (U) = Unsubscribed (S) = Subscribed * = Contains New Messages Entering DIMENET newsgroups You can enter a DIMENET newsgroup by following these steps. From the Main Menu press N Newsgroups. The News System Menu will appear as shown below: B Batch Read C Catchup News E Exit G Goodbye L List Newsgroups O Old Newsrc P Post Article R Read Newsgroup S Subscribe T Time U Unsubscribe X Xpert Toggle ? Help News System Menu: Press R for Read Newsgroup. You will be presented with the following prompt: Read Which Group (ENTER=List): At this prompt you can press ENTER to see the list of Newsgroups and pick the one you want by number OR you can type a portion of the Newsgroup name you wish to look at and press ENTER. The system will then search the Newsgroups for the name you entered. If more than one Newsgroups matches it will present the ones found by number and allow you to select the one you want. If your search only finds one Newsgroup that matches, you will be placed directly into the Newsgroup. The list of possible Newsgroup names can be seen as the second column of items using the List Newsgroups Brief command from the News System Menu. Newsgroup names are dnet.ADA, dnet.CILstandards, etc. Once you are in the Newsgroup you have selected you will see the Newsgroup Menu that appears below. dnet.ADA (1-38) [1] Moderator: dimenet@tsbbs02.tnet.com A Answer to User E Exit F Followup Post G GOODBYE H Header Info L List Messages M Mail to a user P Post Message R Read S Subscribe T Time U Unsubscribe W Who are users X Xpert Toggle ? Help Newsgroup Menu: The upper left side of the Newsgroup Menu displays the name of the Newsgroup you have entered. After the name are the first and last message numbers of messages in the Newsgroup. Then it displays [1] indicating that the Read command will start with item 1. The last item in the upper left will be the Newsgroup moderators email address. To read Newsgroup messages that are new to you press R Read. You will be presented with the first item that you have not read. After reading it you will be returned to the Newsgroup Menu. Another way to read messages is to select L to List Messages. You will see a prompt like the one below. List Starting at (1 - 47) or N: Pressing ENTER will list all messages. Entering a number and pressing ENTER will list starting with the number given. Entering N for New and then pressing ENTER will list only new messages. The messages will be displayed one item per line as shown below. MSG# Date Line By Description 1*04-Apr-1994 287 adata ADA Tax Credit Passed 2*04-Apr-1994 1983 adata Conference Committee Report on ADA 3*04-Apr-1994 142 adata Rights & Empowerment Task Force Repo 4*04-Apr-1994 2938 adata AMERICANS WITH DISABILITIES ACT OF 1 5*04-Apr-1994 28 adata DOJ ADA OFFICE 6*04-Apr-1994 841 adata ADA Implications for Business 7*04-Apr-1994 4270 adata Notice of Proposed Rulemaking - EEOC 8*04-Apr-1994 110 liz savage ADA Regulations Action Alert Enter to Continue, # to View, Q=Quit: You can read individual items by entering the message number of the item you wish to read and press ENTER. Either way, once you have read an item and returned to the Newsgroup Menu, you can compose a confidential mail message to the person that posted the message you read by pressing A to Answer to User. Or you can use M Mail to a user to send a copy of the item to a users email mailbox. You will be given the opportunity to edit it before it is sent. Selecting F for Followup Post will allow you to post a reply to the item you just read as a public message in the Newsgroup for all to see. Once you are through, press R to Read the next Newsgroup item. POSTING NEWSGROUP MESSAGES ON DIMENET Prepare your message as an ASCII file using your word processor. (See the section on sending mail for helpful tips on preparing your ASCII file.) From the Main Menu select N Newsgroups. The News System Menu will appear. Select R Read Newsgroup. Give it a Newsgroup name and press ENTER or just press ENTER to display the available Newsgroups. Select the Newsgroup to receive the posting by its number and press ENTER. You will now be in the Newsgroup Menu as shown below: dnet.ADA (1-38) [1] Moderator: dimenet@tsbbs02.tnet.com A Answer to User E Exit F Followup Post G GOODBYE H Header Info L List Messages M Mail to a user P Post Message R Read S Subscribe T Time U Unsubscribe W Who are users X Xpert Toggle ? Help Newsgroup Menu: Select P to Post Message. You will see the prompt: Subject: Enter a subject for the message and press ENTER. You will see the Editor appear indicating it is ready for you to compose or ASCII upload your message. Enter Message: Type: / at start of a line to end message. For HELP type: /H Editor is ready for you to upload ASCII or compose your message At this point give your machine the command to ASCII upload the file containing the message or compose your message by hand. Using Procomm, Procomm+ and Telix press the PageUp key to upload. A window will appear with possible upload methods. Select ASCII. Another window will appear asking for the filename of the file to upload. Give it the path and filename of your ASCII prepared message file. Using CrossTalk press Escape. The bottom line of your screen will say Command ?. Type SEND FILENAME and press ENTER to upload the file. Replace FILENAME in the example above with the name of your ASCII message file. Once the file has transferred or you have composed your message by hand press ENTER to get on a blank line. Then type a / (slash) and press ENTER. You will see the following prompt as the editor closes the document you created and waits for you to edit the message or send it. A Abort C Change D Delete I Insert S Send L List ?=Help: Press S Send. The message will be Posted to the Newsgroup. Posting directly to the newsgroup In addition to posting Newsgroup messages from within Newsgroups, as described above, it is possible to post messages to Newsgroups without entering the Newsgroup. From the Main Menu select N Newsgroups. From the News System Menu that appears select P Post Article. It will ask which Newsgroup you want. Press ENTER to see the list of Newsgroups and pick the one you want by number OR type a portion of the Newsgroup name you want and press ENTER. The system will then search the Newsgroups for the name you entered. If more than one Newsgroup matches it will present the ones found by number and allow you to select the one you want. Once you have selected by number or if your search only finds one Newsgroup then you will be prompted to give the subject for the posting. You will then be placed in the Editor to compose or ASCII upload your message. Once you are finished with the Editor and you Send the posting you will be returned to the News System Menu. DIMENET FILE AREAS DIMENET provides numerous file areas. These are used to make files available for users to download. The files available may be software, as in the case of ZIP or other Shareware tools, or just documents as in the case of Federal Statutes and Federal Regulations. Uploading means sending files from your computer to DIMENET. Downloading means transferring files from DIMENET to your computer. In order to upload or download files you will need to utilize what are called file transfer protocols. File transfer protocols control the transfer of a file from DIMENET to your computer or from your computer to DIMENET. File transfer protocols are used to handle the transfer. They make sure that an accurate copy of the file gets transferred. When transferring files DIMENET and your computer MUST both be utilizing the same file transfer protocol. The file transfer protocols available on DIMENET are Batch Ymodem, CRC Xmodem, Kermit Transfer, Xmodem Checksum, Ymodem/Xmodem1K and Zmodem Transfer. They all do the same job of transferring files between computers. Some computers can only do one or two file transfer protocols. By making a range of file transfer protocols available DIMENET insures that you will be able to select one that matches what your communications software makes available. Check your communications software manual to determine which file transfer protocols it will execute and the commands needed to execute them. If possible use Zmodem. It will transfer files faster that any of the others. However, any will work. The DIMENET file system is divided into areas to make it easier to locate items. From the Main Menu select F File System. The available DIMENET file areas will be presented as shown below. ## Directory Description Access 1 ADAFILES Americans with Disabilities Act Public 2 REHAB Rehabilitation Act Reauthorization Public 3 PresFiles Presidential Forum Files Public 4 Trans Transportation Public 5 Housing Housing Public 6 PCServices PCA Services Public 7 Funds Fund raising and other Money Items Public 8 ILRUFiles ILRU Research and Training Center on IL Public 9 NAILFiles National Assoc. for Independent Living Public 10 NARICFiles National Rehabilitation Info Center Public 11 NECILCFiles New England Coalition of ILC's Public 12 SpeechFiles Speech Disability - Hear Our Voices Public 13 Newsletters Newsletters from various sources Public 14 Documents General Document Files Public 15 Tools Shareware Software Tools Public 16 Uploads Upload files here Public Enter Selection (E=Exit): Select the file area you wish to enter by number and press ENTER. You will be placed in the file area you selected and will see the File Systems Menu shown. File Area: ADAFILES Moderator: rsykes@tsbbs02.tnet.com A Areas C Contents D Download Files E Exit F Full List G Goodbye L Locate Files N New Files List U Upload Files X Xpert Toggle ? Help File Systems: The upper left of the menu will show the name of the file area you have entered and the moderators name for that file area. Downloading files To look at a list of the files available for downloading from this area select F Full List. You will see the file names, size, dates and descriptions of the available files as shown below. Obtaining Directory Information tamanii.zip 49152 Mar 07 Technical Assistance Manual, Dept. of Justice Title II, ADA ZIP File tamaniii.zip 75264 Mar 07 Technical Assistance Manual, Dept. of Justice Title III, ADA ZIP File tamanii.txt 155648 Mar 07 Technical Assistance Manual, Dept. of Justice Title II, ADA, Ascii file tamaniii.txt 232192 Mar 07 Technical Assistance Manual, Dept. of Justice Title III, ADA, ascii file infect.txt 10752 Apr 04 Depart. of Health and Human Services Centers for Disease Control, Diseases Transmitted through the Food Supply, ascii file adabill.txt 154752 Apr 04 Americans with Disabilities Act of 1990 full text of the Law, ascii file Use the page display commands to move around in the listing of available files. Determine which files you want to download and make a note of their filenames. Then exit the page display. You will be returned to the File System Menu. Select D to Download a file. You will be prompted to enter the filename for the file you wish to download. Enter the filename exactly as it appeared in the Full List of files and press ENTER. You will then be asked to select a protocol method to use to transfer the file as shown below. Input file name(s) to download: tamanii.txt A ASCII Dump B Batch Ymodem C CRC Xmodem E Exit K Kermit Transfer X Xmodem Checksum Y Ymodem/Xmodem1k Z Zmodem Transfer Select a file transfer protocol to use to transfer the file. Once you have selected a file transfer protocol you will see a display that looks something like the following: File open: 1217 records Send time: 1 min, 29 sec at 19200 baud To cancel: use CTRL-X numerous times Waiting ready signal This means that DIMENET is ready to begin the protocol file transfer. Now you must give your communications software the command or commands to begin a file download using the same file transfer protocol that you selected from the DIMENET Menu. You will see the file transfer occur. Your communications software will display the status of the transfer in blocks. It will be counting the blocks as they are received. When the file transfer is complete you will be returned to the File System Menu. The file you downloaded will be on your computer. Usually in the same directory as your communications software unless your communications software has a download path configured to place files in another directory. Look for the file while at the DOS prompt in the directory where your communications software resides. If it is not there then check your communications software manual for information on how to configure where file downloads will arrive. Examine your communications software configuration to see where it is programmed to place incoming downloads. That is where is will be. Uploading files To upload files select F File System from the Main Menu. Choose the file area that best suits the topic of the file you wish to upload by number and press ENTER. You will be placed in the file area and will see the following menu. File Area: ADAFILES Moderator: rsykes@tsbbs02.tnet.com A Areas C Contents D Download Files E Exit F Full List G Goodbye L Locate Files N New Files List U Upload Files X Xpert Toggle ? Help File Systems: Select U to Upload a file. You will be asked for the filename of the file you are about to upload. Enter the filename of the file you are sending and press ENTER. You will be prompted to select a file transfer protocol from the following menu. Input filename for upload: test.txt A ASCII Dump B Batch Ymodem C CRC Xmodem E Exit K Kermit Transfer X Xmodem Checksum Y Ymodem/Xmodem1k Z Zmodem Transfer File Protocols: Once you have selected a protocol DIMENET is ready to receive the file. Give your communications software the command or commands to upload a file using the SAME protocol that you selected from the DIMENET Menu. The file will transfer to DIMENET and you will see the following: FILE RECEIVED: test.txt You can now enter a description for the above named file. The description can be up to 49 characters wide and as long as necessary to properly describe it. If the file is for access by the Sysop only, please enter an ! as the first character of the first line and only the Sysop will see the new file. Enter Message: Type: / at start of a line to end message. For HELP type: /H Line length is set to 49 characters with wordwrap. Editor is ready for you to upload ASCII or compose your message. ------------------------------------------------| Enter a description of the file. Take as many lines as you need to make sure that you have described the contents of the file. Your description will allow others to determine if it is something they want and should download. When you have finished press ENTER to get on a blank line. Type a / (slash) and press ENTER. You will be returned to the file menu. If you select F Full List and then press E to jump to the end of the page display your file should be there, listed, just as you entered it. DIMENET makes files available in ASCII and compressed ZIP copies. ASCII filenames normally end with .txt. ZIP compressed filenames always end with .zip. Downloading the ZIP copies is much quicker. Since they are compressed they do not take as long to transfer as the full size ASCII copies. If you download ASCII copies of files you can use them as soon as you download them. If you download ZIP copies of files you will need to unzip them before you can use them. If you do not have ZIP compression and uncompression tools they are available to download from the Tools File Area of DIMENET. The filename to download is pkz204g.exe. Once you have downloaded the pkz204g.exe file copy it to the C:\DOS directory. Then while you are in the C:\DOS directory you can unpack the full set of ZIP tools including user manual by entering the following from the DOS prompt: pkz204g ENTER. Once you have downloaded the pkz204g.exe file and unpacked it you will be able to execute the zip and unzip commands on your computer. Unzipping files restores them to their full size so that you can use them with your word processor or other software. As an example, to unzip the tamanii.zip file you would first have to download it to your computer. Then enter the following command from the DOS prompt: pkunzip tamanii ENTER. This will unpack the file or files contained in the ZIP archive. It will announce the names of the files that it is unzipping as it does it. It will not write over an file that already exists when unzipping. If it finds a conflict it will warn you and ask if you want to continue. If you choose you can overwrite the existing file or you can answer no and not unzip the one file that has a filename the same as the one already on your disk. Once you have completed unzipping the item you downloaded the full size copies of the files contained in the ZIP file will then be available for you to use. THE IMPORTANCE OF CLOSING YOUR LOG FILE After you have logged off of DIMENET but before you exit from your communications software you need to close the capture or log file that was opened at the beginning of this session. This will cause your computer to properly store the file on disk under the filename you assigned when you opened it. If you do not close the file before exiting your communications software you may loose the information you were attempting to capture. Using Procomm, Procomm+ or Telix press the ALT key and while holding it down press the F1 key. The bottom line of your screen should now say LOG CLOSED. Using CrossTalk you would press Escape. The bottom line of your screen will say Command ? type CA OFF and press ENTER. You can now exit from your communications software. TECHNICAL ASSISTANCE If you have problems or questions regarding using DIMENET, technical support is available to help with such procedures as hooking up and using a modem with communications software, connecting to DIMENET, uploading and downloading files, etc. Once you have logged on, you may also obtain technical assistance by referring to on-line help screens by pressing '?,' or by posting a message in the Suggestions and Questions newsgroup. Technical assistance is also available from individuals at DIMENET regional host sites: Taunton (508) 880-5325 (V/TTY), Dayton (513) 439-0071 (V), 439-0072 (TTY), and Tulsa (918) 592-1235 (V/TTY). Additional help may be obtained from Roland Sykes at (513) 237-8360 (V) or Paul Spooner at (508) 875-7853 (V/TTY). DIMENET Editorial Committee Bylaws MISSION To provide consumer controlled electronic communications and publications which are responsive to the needs of the independent living and disability rights movements. ROLE OF THE EDITORIAL COMMITTEE The Editorial Committee is responsible for: Receiving input from DIMENET members Providing guidance for and assisting with DIMENET information content development Providing guidance for and assisting with DIMENET system and software development METHODS OF ACTION The Editorial Committee will conduct business of the committee through an ongoing schedule of conference calls and electronic communications utilizing the DIMENET Editorial Committee newsgroup area. The Committee and all sub-committees will utilize a consensus decision-making process when possible. When consensus decisions are not possible, decisions will be made by a simple majority of a roll call vote. The Chair may cast a vote in order to break a tie vote. OFFICERS The Editorial Committee shall have a Chair and a Secretary. The Chair and Secretary shall be selected by a vote of the Editorial Committee members. The terms of office shall be for one year or until successors are chosen by the Editorial Committee. The Chair shall be responsible for: Serving as Chair for all meetings of the Editorial Committee Appointing sub-committees of the Editorial Committee with the advice and consent of the Editorial Committee Coordinating activities of sub-committees with those of the Editorial Committee Appointing a member of the Editorial Committee to chair meetings in their absence. The Secretary shall be responsible for: Producing minutes of all meetings of the Editorial Committee Maintaining the roster of Editorial Committee members Coordinating scheduling and payment for conference calls CRITERIA FOR MEMBERSHIP DIMENET Host sites All DIMENET Host Sites shall have the right to be present, be heard and cast votes at all meetings of the DIMENET Editorial Committee until such time as there are five DIMENET Host sites. At the point there are five DIMENET Host sites a standing sub-committee of the Editorial Committee will be created of DIMENET Host System Operators. The Chair of DIMENET Host System Operators Committee and one other member, selected by the sub-committee members, shall serve as members of the Editorial Committee and represent the views of the sub-committee during Editorial Committee meetings. National and International Organizations They are Consumer Controlled Disability organization, that have endorsed DIMENET. They will utilize DIMENET to communicate with their members via a newsgroup they maintain and will encourage their members and others to utilize DIMENET. They will assist in supporting the conference call expenses of the DIMENET Editorial Committee. They will submit an organizational resolution signed by a duly authorized representative to the Editorial Committee stating agreement with the above requirements. Coalitions They are Consumer Controlled Disability organization that have endorsed DIMENET. They will utilize DIMENET to communicate with their members via a newsgroup they maintain. They will encourage their members and others to utilize DIMENET. They will assist in supporting the conference call expenses of the DIMENET Editorial Committee. They will submit an organizational resolution signed by a duly authorized representative to the Editorial Committee stating agreement with the above requirements. At the point there are five Coalition members, a standing sub-committee of the Editorial Committee will be created of DIMENET Coalitions. The Chair of DIMENET Coalitions Committee and one other member, selected by the sub-committee members, shall serve as members of the Editorial Committee and represent the views of the sub-committee during Editorial Committee meetings. Individuals The Editorial Committee may add individual members to the Editorial Committee for specified terms by a vote of the Editorial Committee. Individuals will have a specific purpose or function within the Editorial Committee for the duration of their appointment. Roland Sykes, Chair 6256 Ramblewood Drive Dayton, OH 45424 513-237-8360 FAX: 513-439-2995 DIMENET: rsykes Kathleen Kleinmann, Secretary NCIL 69 E. Beau Street Washington, PA 15301 412-223-5115 FAX: 412-223-5119 DIMENET: kleinman Eric Griffin Independence Associates, Inc. 9 Taunton Green Taunton, MA 02780 508-880-5325 FAX: 508-880-6311 DIMENET: griffin Anne-Marie Hughey National Council on Independent Living 2111 Wilson Boulevard, Suite 405 Arlington, VA 22201 703-525-3406 FAX: 703-525-3409 DIMENET: hughey Mark Leeper APRIL 124 East Third Street Moscow, ID 83843 208-883-0523 FAX: 208-882-8692 DIMENET: leeper Laurel Richards ILRU 2323 S. Shepherd, Suite 1000 Houston, TX 77019 713-520-0232 FAX: 713-520-5785 DIMENET: laurel Larry Robinson New England Coalition of ILCs 172 Pembroke Road Concord, NH 03301 603-228-9680 FAX: 603-225-3304 DIMENET: gsilf Paul Spooner National Association for IL c/o MetroWest CIL 63 Fountain Street, Suite 504 Framingham, MA 01701508-875-7853 FAX: 508-875-8359 DIMENET: pspooner Carla Lawson Ability Resources, Inc. 1724 East Eighth Street Tulsa, OK 74104 918-592-1235 FAX: 918-582-3622 DIMENET: carla Gene Leber Access Center for Independent Living 7990 Clyo Road Centerville, OH 45459 513-439-0071 FAX: 513-439-2995 DIMENET: gene June Kailes Disability Policy Consultant 6201 Ocean Front Walk, #2 Playa del Rey, CA 90293 310-821-7080 FAX: 310-827-0269 DIMENET: jkailes ANSWERS Self-Assessment PART 1: IL HISTORY/ PART 2: REHABILITATION ACT OF PHILOSOPHY 1973 AS AMENDED 1. a and b 1. c 2. d 2. a 3. a 3. b 4. all of the above 4. b 5. none of the above PART 3: STATEWIDE PART 4: STANDARDS AND INDEPENDENT ASSURANCES LIVING COUNCILS/PLANS 1. a 1. c 2. b 2. b and d 3. f 3. b 4. a 4. a, b, and d 5. c 5. d 6. b ---------- End of Document