FREQUENTLY ASKED QUESTIONS ABOUT THE REHAB ACT & THE ROLE OF THE SILC A major component of IL NETWORK (NCIL/ILRU National Training and Technical Assistance Project) activities has been to provide training on independent living and the Rehabilitation Act to representatives of independent living centers and statewide independent living councils (SILCs). During the course of conducting regional training programs, several important issues have come up again and again as questions from participants. Since there appears to be consistent and widespread interest in these issues, we have prepared this fact sheet on Frequently Asked Questions About the Rehab Act and the Role of the SILC. As you might expect, most, but not all of the questions, pertain to statewide independent living council operations. Our responses to these questions are based on the Rehab Act as amended, the final regulations for Title VII (published August 15, 1994 in Federal Register vol. 59, no. 156), and personal experience of center personnel and members of SILCs. Copies of the Rehab Act and the final regulations are available on DIMENET.* This fact sheet was prepared by Bob Michaels, June Isaacson Kailes, Cynthia Dresden, and Laurel Richards with valuable assistance from Quentin Smith and Anne-Marie Hughey. We also wish to express our appreciation to 1994 IL NETWORK trainers Gina McDonald, Paul Spooner, Maggie Shreve, and Bonnie O'Day, who helped to shape our thinking on these issues during the course of conducting the regional training programs. Finally, many thanks to John Nelson and Don Thayer of the Independent Living Branch, Rehabilitation Services Administration (RSA), for agreeing to review and to contribute to these responses. ______________________________ SILC COMPOSITION 1. What happens if appointments to the SILC are not made as directed by law? The governor (or appropriate appointing entity) is charged with selecting individuals to serve on the SILC according to strict criteria set out in the Rehab Act. For more specific information, refer to the IL NETWORK fact sheets, Composition of Statewide Independent Living Councils, SILC Membership Compliance Assessment, and SILC Compliance Analysis (available from ILRU in print and posted in the ILTA newsgroup on DIMENET). If you believe that your SILC's composition is not in compliance, you may wish to identify each area of noncompliance in writing to the governor and send a letter with this information to the Secretary of Education. You may also wish to send a copy of the letter to NCIL and a member of its Rehab Act committee. See Analysis of Comments and Changes on 364.21 in the Title VII regulations. ________________________ *DIMENET is a national computer networking system that provides access for communications and information sharing among individual involved in the disability rights and independent living movements. It is operated and controlled by people with disabilities, and is fully accessible. Centers and individuals within the disability community should take every opportunity to influence the composition of the SILC so that it is controlled by consumers who are knowledgeable about independent living. Because of the SILC's role in making funding determinations, centers have a particularly strong interest in how the SILC is formed and should consider committing significant advocacy resources toward ensuring the best composition possible. 2. Which members of the SILC may be considered when deciding if the SILC is consumer controlled (i.e., at least 51 percent are persons with disabilities)? All members of the SILC except employees of the state and employees of independent living centers must be included in the majority composition count. See 364.21(b)(2)(iii) of the final regulation for Title VII and the related definitions in 364.4(b). The reason for the exemptions is to establish a check-and-balance system to ensure that the SILC is truly consumer controlled and not just a body with a majority of people who happen to have disabilities. This measure assures that members who may have conflicting agendas (such as representing centers or state interests), constitute no more than a minority of the membership. 3. What recourse do independent living advocates have if the governor delegates responsibility for appointments to the designated state agency? Short answer: None. Long answer: The governor is obligated by law to seek input from organizations that serve people with disabilities. In this area in particular, the independent living community must take a proactive stance and influence the process throughout. In some states, the disability community has become an effective force in state politics; in other states, this is, alas, not the case. It is clear that centers and other disability rights organizations will have to become more effective and aggressive in working with their state legislators. Technical assistance in this area is available--contact NCIL's Rehab Act Subcommittee members for names of people with such expertise. 4. Which members of the SILC may vote? All members of the SILC except those who are representatives of state agencies may vote. Note: a member may be both an employee of a state agency and a member of the disability community. If this individual is appointed as a person with a disability and not because of an affiliation with the state agency, he or she may vote. See 364.21(b)(2)(i)(B) and 364.21(d) of the Title VII regulations. THE SILC AND DEVELOPMENT OF THE STATE PLAN 5. What happens if the state agency director, blind services state agency director, and/or the chair of the SILC refuse to sign the state plan? First of all, the greatest fear--that the state's Title VII funds will be jeopardized--is unlikely to occur. Funds, particularly Part B and other federal funds, may be delayed if a protracted stand-off extends beyond the beginning of the next fiscal year. If a plan is not approved by the end of that next fiscal year, all funding under Title VII would be lost for that year. See 364.12 and 364.13 of the Title VII regulations. Second, the state plans are due 90 days before the expiration date of the existing plan (see 704(a)(4) of the Rehab Act). This 90-day window gives all parties plenty of time to negotiate before grants may be affected. In 1994, several states requested, and were granted, extensions so they could have adequate time for negotiating and finalizing their state plan. In July 1995, state IL plans will be written to be in effect for a three-year period--a long time to live with a plan that is not as good as it could be. If you are a member of a SILC, do not vote to authorize the chair to sign the plan if you are not comfortable with the content. Remember, you are representing all people with disabilities in your state. If you are not a member of the SILC and are not satisfied with the proposed plan, urge SILC members not to vote to recommend approval. Encourage them to request an extension, to continue negotiating, or if an impasse has been reached, to utilize a resolution procedure such as mediation. In addition, a strong relationship with the governor can be a powerful tool for facilitating the process. Regarding RSA's role in dispute resolution, we have been told by staff of the Independent Living Branch of RSA that they are available to provide clarification regarding sections of the Rehab Act and its regulations, but they will not play a mediating role. Instead, they will look for disputes to be resolved at the state level. The most important thing to remember is that the SILC must not settle for less than the best plan possible. 6. What recourse does the independent living community have if the procedures used in developing the state IL plan did not follow the requirements of the law? If you believe that the state plan was developed out of compliance with the law, the specific areas of noncompliance should be documented and described in a letter to the Secretary of Education, NCIL's Rehab Act Committee, and your state elected officials. 7. What recourse does the independent living community have if the content of the state IL plan does not reflect community needs or the community's input? The Rehab Act requires each SILC to solicit input from the public prior to submitting the state plan and on any revisions to an approved state plan. See 364.20(g) of the regulations for Title VII. If the plan does not truly reflect community needs, then it may well be that the method used for obtaining public input was not very effective; members of the IL community should request creative ways of providing meaningful input. For example, toll-free hot lines can be set up to record comments telephoned in by individuals; focus groups can meet in person, by teleconference, or on electronic bulletin board systems like DIMENET; and individuals and groups can utilize public access television. If you believe that the SILC is not in compliance with the mandate to seek input from the public, this grievance can be directed to the Secretary of Education, NCIL, and state legislators. 8. Should there be a separate state IL plan in a state where there is a separate state blind agency? No. In fact, development of a second or disability-biased state IL plan is prohibited. Section 704(a)(1) of the Rehab Act, which establishes the general requirement for a state plan, has been interpreted to mean a single state plan for independent living. In addition, 725 (b)(2), the standard for provision of services by a center, mandates that centers provide independent living services on a "cross-disability basis," a requirement that a blind services agency is not able to meet. Therefore, a single-disability service agency cannot submit a viable state plan. A thorough discussion of this issue is provided in the Analysis of Comments and Changes section ( 364.20) of the Title VII final regulations. 9. When is it a conflict of interest for an executive director of a center to vote in SILC meetings? The Secretary has determined that the general code of conduct and conflict of interest provisions presented in 74.162(c) of the Education Department General Administrative Regulations (EDGAR) apply equally to center directors and governmental employees who serve on SILCs. Both executive directors and agency representatives are therefore responsible for disclosing their interests, relationships, and/or affiliations on issues which could directly benefit themselves or their organizations. Sections 75.524 and 75.525 of EDGAR detail conflict of interest as it relates to the administration of grants and projects. This means that while most, if not all, SILC issues concern independent living centers, very few of these issues will constitute a conflict of interest for a SILC member with center affiliation. There may be topics pertaining to a particular contract or other items of business that will directly affect a SILC member's center and generate conflict of interest; however, general issues for the independent living community (i.e., decisions regarding establishment of a statewide network of centers and allocation of funds through allotment or open competition) are of common concern and will not generate conflict. In other words, it is entirely appropriate for a center-affiliated SILC member to vote on the authorization of funds, but not on directing the funds toward his or her center. 10. What role does the SILC play in monitoring independent living centers within the state? The SILC must develop and implement a method for monitoring, reviewing, and evaluating the implementation and effectiveness of the state IL plan. See 364.21(g)(2) in the Title VII regulations. In conducting this evaluation, the SILC may look at how centers are performing. So that SILCs can be more effective in developing the objectives to be achieved in the state plan, the nature and scope of services to be provided under the plan, and in planning for a statewide network of independent living centers, centers are required to provide their SILCs with copies of their original grants and annual reports. See 366.50(m) of the Title VII regulations. 11. Is the state IL plan required to address how state general funds which are appropriated for independent living centers and programs are used? Yes. Since the council must, jointly with the DSU, develop the state plan which guides the federal/state IL program within the state, the state IL plan must reflect the objectives to be achieved within the state and how both the state and federal funds are to be used to meet the objectives. Therefore, use of the state general funds must be specified. See 364.42(a)(2) of the Title VII regulations. SILC FUNDING 12. What percentage of Title VII, Part B funds can the state agency keep for administrative costs? This is not specified in the law; therefore, it could be any amount--or no amount. Note that whatever the amount is, it must be approved by the SILC and the DSU because it must be budgeted in the state plan. 13. What actions may SILC members take to obtain Title I, Part C (Innovation and Expansion) funds to support activities of the SILC? Section 123 ("Use of Funds") of the Rehab Act identifies twelve (12) uses for Title I, Part C money. The final approved use is to ". . . support the funding of the State Rehabilitation Advisory Council and the Statewide Independent Living Council established under section 705." Note that these I & E funds, like social security reimbursement funds, may be but do not have to be so used. The chair of the SILC, or a designated SILC member, sits on the Rehabilitation Advisory Council (RAC) (see 105(b)(1)(A)(i) of the Rehab Act) and, therefore, has some input as to how Part C money is spent. However, use of these funds depends largely on the leanings of the head of the state agency and the special interests of other RAC members. To gain access to these funds, one would probably have to work at least a year or more in advance. 14. How can I find out how much Title I, Part C money is available to my state? Title I, Part C money is calculated at 1.5 percent of Title I, Part B funds. In a large state such as California, the amount for fiscal year 1995 would be $2,797,128 (based on a 1993 Title I, Part B allocation of $186,475,191). For a small state such as Rhode Island, the amount would be $120,716.50 (based on an allocation of $8,047,765). A complete state-by-state listing of Title I, Part B funds is available in the ILTA newsgroup on DIMENET and from ILRU. The Title I, Part C money may be available and should be pursued. 15. Are designated state agency directors required to use social security reimbursement funds to support Title VII programs or services? Use of these funds to support Title VII programs is not required, but it is permitted under the law. Use of this money is at the discretion of the head of the designated state agency. This is a resource that should be pursued actively by SILCs and centers. CENTER ISSUES 16. Are centers required to record goals for individuals who elect not to have a written IL plan? Yes. Centers must maintain some type of record for all services requested and provided other than information and referral if for no other purpose than to determine whether or not a consumer is making progress toward the goal(s) he or she has stated. See 364.53 of the Title VII regulations. Since the Rehabilitation Services Administration (RSA) requires centers to report numbers of consumers served and kinds of services provided as part of the assurance process to monitor use of Title VII funds, centers must have some form of recordkeeping for the purpose of documenting its services to consumers. See 366.50 (i) of the Title VII regulations. Note that Title VII regulations encourage centers to maintain consumer service records in electronic rather than written forms. The only records that must be in written form are the IL plan and the IL waiver. See 364.53(f) of the Title VII regulations. 17. How should a center record a consumer's goals when there is no written IL plan? A record of service provided to a consumer who decides to waive the option of a written plan can be as simple as an account of the need or goal identified by the consumer and if or how the goal was met. For example, an eligible consumer comes to the center and requests assistance in preparing her taxes since this was the first year she had used a paid personal assistant. The peer counselor advises her of the center's program which provides one-on-one assistance from an accountant and offers her a space on the schedule. The record might read: "Consumer requested assistance with taxes related to use of a personal assistant. Appointment with technical advisor set for 2/28/94." 18. Since standard 7 requires centers to raise funds apart from Title VII, Part C money, are centers allowed to accumulate cash reserves over several years? According to 364.6 in the Title VII regulations, standard 7 is interpreted now to allow centers to accumulate funds over two years from the date of allotment through creation of "long-term financial instruments"--endowments, reserves, and trusts. However, all such accumulated funds must be directed back into the center budget within the allowed period. Part C funds are forward-funded, which means that they are received the year following allocation. These funds cannot be carried over into the following (third) year. On Using DIMENET For access to DIMENET, set your communications parameters at 8 bits, one stop bit, and no parity. The on-line telephone numbers to reach DIMENET are: (508) 880-5412 in Taunton, MA; (513) 439-0557 in Dayton, OH; and (918) 582-3622 in Tulsa, OK. Once you are connected, the first thing you do is type "dime" in lower case letters and press . If you have questions or problems regarding DIMENET, technical assistance is 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). New users will find the DIMENET manual very useful. To obtain a print copy, contact Kathleen Kleinmann (412) 223-5115 (V/TTY); for a print, braille, or large type copy, contact Paul Spooner (see numbers above). You can also download a user manual from the DIMENET file area called "Documents" (no. 15). You will find the manual in ASCII versions, both zipped and unzipped, in a zipped WordPerfect version, and in a WordPerfect large print edition. Revised 5/95 _________________________ Developed by the IL NETWORK: NCIL/ILRU National Training and Technical Assistance Project. Requests for technical assistance on this and other independent living subjects may be directed to the IL NETWORK Project, c/o ILRU at (713) 520-0232 (voice), 520-5136 (TTY), 520-5785 (FAX), or NCIL at (703) 525-3406 (voice), 525-3407 (TTY), 525-3409 (FAX).