State: New York

State Plan For
Independent Living

(SPIL)

Chapter 1, Title VII of the Rehabilitation Act of 1973, as Amended

State Independent Living Services (SILS) Program

Part B

Centers for Independent Living (CIL) Program

Part C

FISCAL YEARS 2008 – 2010

Effective Date: October 1, 2007

Part I: Assurances

Section 1: Legal Basis and Certifications ............................................................................................ 3

Section 2: SPIL Development ........................................................................................................... 3

Section 3: Independent Living Services .............................................................................................. 5

Section 4: Eligibility ........................................................................................................................... 5

Section 5: Staffing Requirements ....................................................................................................... 5

Section 6: Fiscal Control and Fund Accounting .................................................................................. 6

Section 7: Record-Keeping, Access and Reporting ........................................................................... 6

Section 8: Protection, Use and Release of Personal Information ......................................................... 7

Section 9: Signatures.......................................................................................................................... 7

Part II: Narrative

Section 1: Goals, Objectives and Activities......................................................................................... 8

Section 2: Scope, Extent, and Arrangements of Services .................................................................. 19

Section 3: Design for the Statewide Network of Centers .................................................................. 23

Section 4: Designated State Unit (DSU) .......................................................................................... 26

Section 5: Statewide Independent Living Council (SILC) ................................................................. 27

Section 6: Service Provider Requirements ....................................................................................... 30

Section 7: Evaluation ....................................................................................................................... 34

Section 8: State-Imposed Requirements .......................................................................................... 34

PART I: Assurances

State of: New York

Section 1: Legal Basis and Certifications

1.1 The designated State unit (DSU) eligible to submit the State Plan for Independent Living (SPIL or the plan) and authorized under State law to perform the functions of the State under the State Independent Living Services (SILS) and Centers for Independent Living (CIL) programs is NYS Education Department/Office of Vocational and Educational Services for Individuals with Disabilities (VESID). 34 CFR 76.104(a)(1) and (2); 34 CFR 364.22(a) ü

1.2 The separate State agency eligible to submit the plan and authorized under State law to provide vocational rehabilitation (VR) services to individuals who are blind is NYS Office of Children and Family Services/Commission for the Blind and Visually Handicapped (CBVH). Indicate N/A if not applicable. 34 CFR 76.104(a)(1) and (2); 34 CFR 364.20(d) and 364.22(c) ü

1.3 The Statewide Independent Living Council (SILC) that meets the requirements of section 705 of the Act and is authorized to perform the functions outlined in section 705(c) of the Act in the State is New York State Independent Living Council, Inc. (NYSILC). 34 CFR 364.21(a) ü

1.4 The DSU and, if applicable, the separate State agency authorized to provide VR services to individuals who are blind, and the SILC are authorized to jointly develop, sign and submit this SPIL on behalf of the State, and have adopted or otherwise formally approved the SPIL. 34 CFR 76.104(a)(7); 34 CFR 364.20(c) and (d) ü

1.5 The DSU, and, if applicable, the separate State agency authorized to provide VR services to individuals who are blind, may legally carry out each provision of the plan and will comply with all applicable Federal statutes and regulations in effect with respect to the three-year period it receives funding under the SPIL. 34 CFR 76.104; 34 CFR 80.11(c) ü

1.6 The SPIL is the basis for State operation and administration of the program. All provisions of the SPIL are consistent with State law. 34 CFR 76.104(a)(4) and (8) ü

1.7 The representative of the DSU and, if applicable, of the separate State agency authorized to provide VR services to individuals who are blind, who has the authority under State law to receive, hold, and disburse Federal funds made available under the SPIL and to submit the SPIL jointly with the SILC chairperson is Rebecca H. Cort, Ed. D., Deputy Commissioner, NYSED/VESID and Brian S. Daniels, Associate Commissioner, NYS OCFS/CBVH. 34 CFR 76.104(a)(5) and (6) ü

Section 2: SPIL Development

2.1 The plan shall be reviewed and revised not less than once every three years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, the needs in the State for:

– the provision of State independent living services;

– the development and support of a statewide network of centers for independent living; and

– working relationships between programs providing independent living services and independent living centers, the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities. 34 CFR 364.20(f) ü

2.2 The DSU and SILC conduct public meetings to provide all segments of the public, including interested groups, organizations and individuals, an opportunity to comment on the State plan prior to its submission to the Commissioner and on any revisions to the approved State plan. 34 CFR 364.20(g)(1) ü

2.3 The DSU and SILC establish and maintain a written description of procedures for conducting public meetings in accordance with the following requirements. The DSU and SILC shall provide:

– appropriate and sufficient notice of the public meetings (that is, at least 30 days prior to the public meeting through various media available to the general public, such as newspapers and public service announcements, and through specific contacts with appropriate constituency groups and organizations identified by the DSU and SILC);

– reasonable accommodation to individuals with disabilities who rely on alternative modes of communication in the conduct of the public meetings, including providing sign language interpreters and audio-loops; and

– public meeting notices, written material provided prior to or at the public meetings, and the approved State plan in accessible formats for individuals who rely on alternative modes of communication. 34 CFR 364.20(g)(2) ü

2.4 At the public meetings to develop the State plan, the DSU and SILC identify those provisions in the SPIL that are State-imposed requirements beyond what would be required to comply with the regulations in 34 CFR parts 364, 365, 366, and 367. 34 CFR 364.20(h) ü

2.5 The DSU will seek to incorporate into, and describe in, the State plan any new methods or approaches for the provision of IL services to older individuals who are blind that are developed under a project funded under chapter 2 of title VII of the Act and that the DSU determines to be effective. 34 CFR 364.28 ü

2.6 The DSU and SILC actively consult, as appropriate, in the development of the State plan with the director of the Client Assistance Program (CAP) authorized under section 112 of the Act. 34 CFR 364.20(e) ü

Section 3: Independent Living Services

3.1 The State, directly or through grants or contracts, will provide IL services with Federal, State,

or other funds. 34 CFR 364.43(b) ü

3.2 Independent living services shall be provided to individuals with significant disabilities in accordance with an independent living plan mutually agreed upon by an appropriate staff member of the service provider and the individual, unless the individual signs a waiver stating that such a plan is unnecessary. 34 CFR 364.43(c) ü

3.3 All service providers will use formats that are accessible to notify individuals seeking or receiving IL services under chapter 1 of title VII about:

– the availability of the CAP authorized by section 112 of the Act;

– the purposes of the services provided under the CAP; and

– how to contact the CAP. 34 CFR 364.30 ü

3.4 Participating service providers meet all applicable State licensure or certification requirements. 34 CFR 365.31(c) ü

Section 4: Eligibility

4.1 Any individual with a significant disability, as defined in 34 CFR 364.4(b), is eligible for IL services under the SILS and CIL programs authorized under chapter 1 of title VII of the Act. Any individual may seek information about IL services under these programs and request referral to other services and programs for individuals with significant disabilities, as appropriate. The determination of an individual's eligibility for IL services under the SILS and CIL programs meets the requirements of 34 CFR 364.51. 34 CFR 364.40(a), (b) and (c)

4.2 Service providers apply eligibility requirements without regard to age, color, creed, gender, national origin, race, religion or type of significant disability of the individual applying for IL services. 34 CFR 364.41(a) ü

4.3 Service providers do not impose any State or local residence requirement that excludes any individual who is present in the State and who is otherwise eligible for IL services from receiving IL services. 34 CFR 364.41(b) ü

Section 5: Staffing Requirements

5.1 Service provider staff includes personnel who are specialists in the development and provision of IL services and in the development and support of centers. 34 CFR 364.23(a) ü

5.2 To the maximum extent feasible, a service provider makes available personnel able to communicate:

– with individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille or audio tapes, and who apply for or receive IL services under title VII of the Act; and

– in the native languages of individuals with significant disabilities whose English proficiency is limited and who apply for or receive IL services under title VII of the Act. 34 CFR 364.23(b) ü

5.3 Service providers establish and maintain a program of staff development for all classes of positions involved in providing IL services and, if appropriate, in administering the CIL program. The staff development programs emphasize improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy. 34 CFR 364.24 ü

5.4 All recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will take affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act. 34 CFR 364.31

Section 6: Fiscal Control And Fund Accounting

6.1 All recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will comply with applicable EDGAR fiscal and accounting requirements and will adopt those fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for those funds. 34 CFR 364.34 ü

Section 7: Recordkeeping, Access and Reporting

7.1 In addition to complying with applicable EDGAR recordkeeping requirements, all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will maintain records that fully disclose and document:

– the amount and disposition by the recipient of that financial assistance;

– the total cost of the project or undertaking in connection with which the financial assistance is given or used;

– the amount of that portion of the cost of the project or undertaking supplied by other sources;

– compliance with the requirements of chapter 1 of title VII of the Act and Part 364 of the regulations; and

– other information that the Commissioner determines to be appropriate to facilitate an effective audit. 34 CFR 364.35(a) and (b) ü

7.2 With respect to the records that are required by 34 CFR 364.35, all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will submit reports that the Commissioner determines to be appropriate. 34 CFR 364.36 ü

7.3 All recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will provide access to the Commissioner and the Comptroller General, or any of their duly authorized representatives, to the records listed in 34 CFR 364.37 for the purpose of conducting audits, examinations, and compliance reviews. 34 CFR 364.37 ü

Section 8: Protection, Use, and Release of Personal Information

8.1 Each service provider will adopt and implement policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names in accordance with the requirements of 34 CFR 364.56(a)(1-6). 34 CFR 364.56(a) ü

Section 9: Signatures

After having carefully reviewed all of the assurance in sections 1 – 8 of this SPIL, the undersigned hereby affirm that the State of New York is in compliance and will remain in compliance with the aforementioned assurances during 2008 to 2010 .

The effective date of this SPIL is October 1, 2007 .

_____________________________________________________________________________

SIGNATURE OF SILC CHAIRPERSON DATE

Christine Zachmeyer

NAME OF SILC CHAIRPERSON

SIGNATURE OF DSU DIRECTOR DATE

Rebecca H. Cort, Ed. D., Deputy Commissioner

NAME AND TITLE OF DSU DIRECTOR

SIGNATURE OF DIRECTOR OF THE SEPARATE DATE

STATE AGENCY FOR INDIVIDUALS WHO ARE BLIND

Brian S. Daniels, Associate Commissioner

NAME AND TITLE OF THE DIRECTOR OF THE

SEPARATE STATE AGENCY FOR INDIVIDUALS WHO ARE BLIND

State of: New York

Part II: Narrative

Section 1: Goals, Objectives and Activities

1.1 Goals and Mission – 34 CFR 364.42(b)(1)

Describe the overall goals and mission of the State's IL programs and services. The SPIL must address the goals and mission of both the SILS and the CIL programs, including those of the State agency for individuals who are blind as they relate to the parts of the SPIL administered by that agency.

The mission of the New York State Independent Living Council, Inc. (NYSILC) is to develop, implement, and monitor the 3-year New York Statewide Plan for Independent Living (SPIL). NYSILC will accomplish this mission by completing specific objectives stated in the SPIL. Progress on SPIL objectives will be monitored through review of an ongoing evaluation plan (Attachment III). The goals of NYSILC are reflected in specific objectives stated in section 1.2. NYSILC’s vision is to achieve a world where people with disabilities experience equal rights and opportunities in all aspects of society.

The mission of the New York State Education Department’s Office of Vocational and Educational Services for Individuals with Disabilities (VESID) is to promote educational equity and excellence for students with disabilities while ensuring that they receive the rights and protections to which they are entitled; assure appropriate continuity between the child and adult services systems; and provide the highest quality vocational rehabilitation and independent living services to all eligible persons as quickly as those services are required to enable them to work and to live independent, self-directed lives. VESID is the Designated State Unit (DSU) for vocational rehabilitation in New York State.

The mission of the Office of Children and Family Services’ Commission for the Blind and Visually Handicapped (CBVH) is to enhance employability, maximize independence, and assist in the development of the capacities and strengths of people who are legally blind. CBVH is the DSU responsible for the administration of vocational rehabilitation and other related services to legally blind residents of New York State. CBVH’s goal with respect to the IL Services Program is to enable individuals who are legally blind and not eligible for other CBVH programs to gain skills needed to function more independently.

As a result, NYSILC, VESID, and CBVH are authorized by the Rehabilitation Act, as amended, to jointly develop the SPIL. NYSILC is responsible to develop, implement, and monitor the SPIL. Together, as state plan partners, they are expected to promote mutual cooperation and support and/or coordinate activities with the CILs, VESID and CBVH State Rehabilitation Councils and other State agencies and councils that address the needs of people with disabilities. NYSILC recognizes RSA’s role to monitor and evaluate the IL programs in New York State to ensure that people with significant disabilities have equal access to services and programs under Title VII of the Rehabilitation Act as amended.

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

1.2A Specify the objectives to be achieved and the time frame for achieving them.

Based on the input received and reviewed through an extensive SPIL formulation process, NYSILC will address the following objectives in its State Plan for 2008-2010. Each objective will identify a specific deliverable or action step, a time frame for achievement, along with resources (if necessary). The resources will correspond with information provided in “1.3A Financial Plan Tables.”

It should be noted that objectives listed in the SPIL under this section will have costs related to them. These costs will be supported in the Financial Plan Tables 1.3A primarily by Part B funds.

CBVH State match funds, as noted in the financial table, will be used to support Objective 2.

The only exception is the limited use of some VESID Social Security Trust Fund monies to help support the final cycle of two peer-mentoring projects in conjunction with the NYS Developmental Disabilities Planning Council (DDPC).

$12,620,614 is listed for State Funds under the category of General CIL Operations. $5,208,652 of this amount goes to the fifteen centers in the federally funded network listed in the SPIL. The centers include: Action Toward Independence, ARISE, AIM, Bronx Independent Living Services, Capital District Center for Independence, Center for the Disabled in New York, Southern Adirondack Independent Living, Harlem Independent Living Center, North Country Center for Independence, Resource Center for Independent Living, Regional Center for Independent Living, ILC of the Hudson Valley, Northern Regional Center for Independent Living, Westchester Center for Independent Living, and the Western New York Independent Living Project. The remaining $7,411,962 in State Funds goes to Independent Living Centers not identified in the federally funded network. As a result, these state centers do not have to comply with federal standards.

Under 1.3A: SILC Resource Plan

Objective 1: At a total SPIL cost of $954,754 ($309,032 Year 1)($318,032 Year 2)($327,690 Year 3), maintain support for the basic operation of NYSILC each year through September 30, 2010.

Under 1.3A: IL Services

Objective 2: At a total SPIL cost of $296,842 ($98,000 Year 1)($101,000 Year 2)($97,842 Year 3), CBVH will provide services on a fee-for-service basis to eligible individuals who are legally blind to enable them to meet independent living goals each year through September 30, 2010. It should be noted that CIL’s with the appropriate expertise and capacity will be encouraged to provide these services on a fee-for-service basis. In Year 2, CBVH will develop a consumer satisfaction survey to be sent to individuals who received CBVH IL services. The survey will be provided in the consumer's preferred format. The results of the survey will be shared with NYSILC.

Under 1.3A: Other SPIL Activities

Objective 3: At a total SPIL cost of $30,000 ($10,000/year), continue support for strategic media services to promote significant NYSILC and SPIL activities and issues through September 30, 2010.

Objective 4: At a total SPIL cost of $75,000 ($32,000 Year 1)($26,000 Year 2)($17,000 Year 3), maintain support and coordination with the New York Association on Independent Living (NYAIL) of a Rapid Response Emergency Technical Assistance service to CIL’s with significant operational difficulties that require remedy through September 30, 2010.

Objective 5: At a total SPIL cost of $1,719,000 ($573,000/year), maintain support and coordination for a Statewide Systems Advocacy Network (SSAN) initiative with NYAIL that results in at least one significant statewide system change each year through September 30, 2010. It should be noted that the SSAN will use a disability agenda developed by the NYS Independent Living network to guide its efforts.

Objective 6: At a total SPIL cost of $75,000 ($25,000/year), provide support to establish a community organizing initiative (priority issue) each year through September 30, 2010. It should be noted that this initiative, coordinated with NYAIL, will provide training, technical assistance, travel reimbursement and other support to four CIL’s to enhance their capacities for grassroots disability rights organizing and leadership skills.

Objective 7: At a total SPIL cost of $75,000 ($25,000/year), work with an organization experienced with youth leadership development to increase youth involvement in Independent Living each year through September 30, 2010. It should be noted that the NYSILC Youth Leadership Subcommittee will help to guide this initiative.

Objective 8: At a total SPIL cost of $45,000 ($15,000/year), maintain support for an IL training academy with NYAIL to develop or provide at least two products or training opportunities each year, which help CIL’s meet basic operational standards, performance, and quality assurance through September 30, 2010.

Objective 9: At a total SPIL cost of $15,000 ($5,000/year), develop or provide at least one specific product or training opportunity to CIL’s on affordable, accessible, and integrated housing information or options (priority issue) for New Yorkers with disabilities through September 30, 2010.

Objective 10: At a total SPIL cost of $40,000 ($20,000 Year 1)($20,000 Year 3), support two annual conference opportunities with NYAIL to promote best practices among CIL’s, advocates, consumers, other providers, and relevant stakeholders by September 30, 2008 and September 30, 2010.

Objective 11: At a total SPIL cost of $15,000 ($5,000/year), maintain support for the development of voter education information (priority issue) distributed statewide via email, list serves, and the SSAN non-partisan voter pledge database through September 30, 2010.

Objective 12: At a total SPIL cost of $5,000 in Year 1 (2008), provide support to conduct a statewide travel survey to educate and assess the accessibility of the travel industry for New Yorkers with disabilities by September 30, 2008. It should be noted that the NYSILC Travel Subcommittee will help to guide this initiative.

Objective 13: At a total SPIL cost of $19,000 in Year 2 (2009), provide support to conduct a statewide consumer satisfaction survey for the CIL network by September 30, 2009. It should be noted that NYSILC will distribute the statewide results to various networks and stakeholders. The DSU (VESID) will review specific survey results with each center.

Objective 14: At a total SPIL cost of $1,500 in Year 3 (2010), provide support to conduct a follow up technology and equipment needs assessment to determine gaps faced by the statewide network of CIL’s by September 30, 2010.

Objective 15: Based on the previously amended SPIL in 2006, provide $137,500 in VESID Social Security Trust Funds ($110,000 Year 1)($27,500 Year 2), to continue support for two peer-mentoring projects designed to expand IL services through September 30, 2009. It should be noted that these projects were identified during an RFP process conducted by the NYS Developmental Disabilities Planning Council (DDPC) in cooperation with the DSU (VESID).

No Part B funds will be utilized to support General CIL Operations.

1.2B Describe the steps planned regarding outreach to populations in the State that are unserved or underserved by programs under title VII, including minority groups and urban and rural populations. This section of the SPIL must:

– Identify the populations to be designated for targeted outreach efforts;

– Identify the geographic areas (i.e., communities) in which the targeted populations reside; and

– Describe how the needs of individuals with significant disabilities from minority group backgrounds will be addressed.

NYSILC, VESID and CBVH are committed to promoting the participation and needs of minority individuals and groups in all aspects of independent living programs and services. The NYSILC Needs Assessment Subcommittee is currently working to complete an existing analysis of U.S. Census and center service data (which includes demographic diversity) to help assess the varied and changing needs of Independent Living (IL) in the state. A summary of the analysis and findings will be reported with subsequent recommendations. It will lead to a full statewide needs assessment. The final results will help to define the future growth of the network, as well as recognize and recommend effective outreach strategies to designated targeted populations, the geographic areas where they reside, and how the needs of these minority groups with significant disabilities will be addressed.

The initial analysis is expected to be completed by June 2007. The needs assessment should be substantively completed by the end of September 2007. The final assessment, with recommendations and strategies, should be completed and distributed by the end of December 2007. The NYSILC Needs Assessment Subcommittee will look to share the findings with the DSU, NYAIL, and the statewide network of centers. Decisions will be made regarding the best way to develop product and/or provide training that will enhance outreach to unserved and underserved populations, including minority groups. If needed, the IL training academy can focus resources toward this end.

During the SPIL formulation process, it was recognized that there is a need to reach out to veterans wounded and disabled as a result of their service in the wars in Iraq and Afghanistan. As these individuals move from rehabilitation to life back in the community, they will need to be made aware about Independent Living services and Centers for Independent Living (CIL’s) as potential resources to help them with their transition. Another huge population identified for the near future is the aging of the “baby boomer” population. This need has been documented in a study conducted by the New York State Office for the Aging (SOFA) entitled,

“Project 2015: Shaping Public Policy Preparing for Demographic Change,” http://aging.state.ny.us/explore/project2015/P2015status05.pdf

The comprehensive report notes several significant demographic shifts:

The state’s population will drop from the third largest (1995) to the fourth largest (2025).
Rapid growth of younger and older minority populations – Black, Hispanic, Native American and Asian/Pacific Islanders.
By 2025, minority New Yorkers will comprise 47 percent of all residents in comparison to 33 percent (1995).
Major growth in the older worker population due to the aging of the “baby boomer” population (born 1946 to 1964) and increasing life expectancy.
The 60 and older population is expected to increase by 40 percent over 30 years (1995-2025).
Many of the projected shifts noted above will also increase the number of New Yorkers with disabilities.

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

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

1.3A Financial Plan Tables

Complete the financial plan tables covering years 1, 2 and 3 of this SPIL. For each funding source, provide estimated dollar amounts anticipated for the applicable uses. The financial plan table should include only those funding sources and amounts that are intended to support one or more of the objectives identified in section 1.2 of the SPIL. To the extent possible, the tables and narratives must reflect the applicable financial information from centers for independent living. Refer to the SPIL Instructions for additional information about completing the financial tables and narratives.

– Insert additional rows for the specific funding sources and amounts expected within the categories of Other Federal Funds and Non-Federal Funds.

Year 1

Sources	Approximate Funding Amounts and Uses
	SILC Resource Plan	IL Services	General CIL Operations	Other SPIL Activities
Title VII Funds
Chapter 1, Part B	309,032	78,644	N/A	715,000
Chapter 1, Part C			3,948,250
Chapter 2, Individuals Who are Older Blind
Other Federal Funds
Sec. 101(a)(18) of the Act (Innovation and Expansion)
Other (VESID Social Security Trust Funds)				110,000
Non-Federal Funds
State Funds		19,356	12,620,614
Other

Year 2

Sources	Approximate Funding Amounts and Uses
	SILC Resource Plan	IL Services	General CIL Operations	Other SPIL Activities
Title VII Funds
Chapter 1, Part B	318,032	81,644	N/A	703,000
Chapter 1, Part C			3,948,250
Chapter 2, Individuals Who are Older Blind
Other Federal Funds
Sec. 101(a)(18) of the Act (Innovation and Expansion)
Other (VESID Social Security Trust Funds)				27,500
Non-Federal Funds
State Funds		19,356	12,620,614
Other

Year 3

Sources	Approximate Funding Amounts and Uses
	SILC Resource Plan	IL Services	General CIL Operations	Other SPIL Activities
Title VII Funds
Chapter 1, Part B	327,690	78,486	N/A	696,500
Chapter 1, Part C			3,948,250
Chapter 2, Individuals Who are Older Blind
Other Federal Funds
Sec. 101(a)(18) of the Act (Innovation and Expansion)
Other (VESID Social Security Trust Funds)				0
Non-Federal Funds
State Funds		19,356	12,620,614
Other

* See Attachment I for a “Breakdown of Title VII, Part B Funds by SPIL Objectives per Year” and a “Breakdown of Title VII, Part B Funds by State Agency Source.”

1.3B Financial Plan Narratives

1.3B(1) Specify how the part B, part C and chapter 2 (Older Blind) funds, if applicable, will further the SPIL objectives.

· Part B funds will support SPIL objective # 1, SILC Resource Plan.

· Part B funds will support SPIL objective # 2, IL Services to Individuals Legally Blind (CBVH/fee-for-service).

· Part B funds will support SPIL objective # 3, Strategic Media Services.

· Part B funds will support SPIL objective # 4, Rapid Response Emergency Technical Assistance Service.

· Part B funds will support SPIL objective # 5, Statewide Systems Advocacy Network (SSAN).

· Part B funds will support SPIL objective # 6, Community Organizing Initiative.

· Part B funds will support SPIL objective # 7, Youth Leadership Initiative.

· Part B funds will support SPIL objective # 8, IL Training Academy.

· Part B funds will support SPIL objective # 9, Housing Product or Training Opportunity.

· Part B funds will support SPIL objective # 10, Annual Conference Opportunities.

· Part B funds will support SPIL objective # 11, Voter Education Information and Distribution.

· Part B funds will support SPIL objective # 12, Statewide Travel Accessibility Survey.

· Part B funds will support SPIL objective # 13, Statewide Consumer Satisfaction Survey.

· Part B funds will support SPIL objective # 14, Statewide Technology Needs Assessment.

· No Part B funds will be utilized to support General CIL Operations.

· Part C funds will be utilized for the federally-funded statewide network of centers or the creation of new centers and are TBD (To Be Determined) as defined in the SPIL under 3.2 Expansion of Network – 34 CFR 364.25.

· No Chapter 2 (Older Blind) funds are identified to further the SPIL objectives.

1.3B(2) Describe efforts to coordinate Federal and State funding for centers and IL services, including the amounts, sources and purposes of the funding to be coordinated.

The coordination of Federal and State funding for CIL’s and IL services is directed by the DSU (VESID). VESID currently administers State funds to 21 consumer controlled, community-based organizations to provide independent living services to those areas of the State that are unserved by the Federal network of centers. VESID does not provide any Federal funds to the state funded centers in order to avoid obligating these programs to the requirements in Title VII Part C of the Rehabilitation Act as amended.

The Federally-funded network consists of 15 CIL’s that receive the 21 Title VII, Part C grants identified in 3.1 Existing Network. Fourteen of the 15 CIL’s noted above also receive State IL funds. The Center for Disability Rights in Rochester is the only CIL that receives just Federal funding. At the time of drafting this plan, it is anticipated that there will be another federally funded only center in New York – the Tri-Lakes Center for Independent Living Center.

1.3B(3) Describe any in-kind resources including plant, equipment or services to be provided in support of the SILC resource plan, IL services, general CIL operations and/or other SPIL objectives.

There are no known in-kind resources or obligations known at this time related to the support of the SILC resource plan, IL services, general CIL operations and/or SPIL objectives.

1.3B(4) Provide any additional information about the financial plan, as appropriate.

This SPIL establishes a process to utilize unspent Title VII, Part B funds during the SPIL 2008-2010. The Part B funds have not increased in over 10 years. The State Plan Partners need an efficient way to maximize these scarce resources. The competitive priorities identified during SPIL formulation allowed the SILC to develop objectives and allocate funds for many different initiatives. However, most of the SPIL objectives ended up with “less than ideal” resources.

As a result, NYSILC will work with the DSU (VESID) to identify any unspent Part B amounts on an annual basis. At the beginning of each calendar year, NYSILC will be notified of the amount of unspent Part B money. Ninety-one days after the end of year two (January 2, 2010), CBVH will inform NYSILC about any unspent funds from the 2008 allocation. NYSILC’s Executive Committee will then meet to make recommendations for the best use of the funds according to the following criteria:

1) To enhance the funding level for any existing SPIL objectives to maximize their success,

2) To fund projects prioritized during the SPIL formulation process that did not receive any resources, such as local community organizing, youth leadership, voter education, a statewide center data collection instrument, housing institute, and NYSILC’s travel and emergency preparedness subcommittees.

3) To fund any urgent or emerging priorities identified through the statewide needs assessment process.

The Executive Committee will forward these recommendations to the full council for their review and approval.

1.4 Compatibility with Title VII and the CIL Work plans – 34 CFR 364.42(c) and (e)

1.4A Describe how the SPIL objectives are consistent with and further the purpose of Chapter 1 of Title VII of the Act as stated in section 701 of the Act and 34 CFR 364.2.

All of the SPIL objectives are consistent with the purpose of Chapter 1, Title VII of the Act. Objective 2 looks to expand IL services (consumer control, peer support) to people who are legally blind. Objectives 5 and 6, the SSAN network, promotes systems advocacy and empowerment. Objective 7 seeks to support leadership and empowerment for youth with disabilities. Objective 11 promotes equal access, empowerment, integration, and independence for voters with disabilities.

The remaining objectives promote knowledge of issues (objectives 12-14) and provides for technical assistance (objectives 3 and 4) and training (objectives 8-10) primarily to support the statewide network of centers.

1.4B Describe how, in developing the SPIL objectives, the DSU and the SILC considered and incorporated, where appropriate, the priorities and objectives established by centers for independent living under section 725(c)(4) of the Act.

Centers for Independent Living (CILs) had numerous opportunities to express their priorities for consideration in the SPIL 2008-2010. Three public hearings were held at CIL’s geographically located throughout the State. Centers were also encouraged to conduct their own focus group discussions as an alternative way to provide feedback. NYAIL, the CIL state association, was an active member of the NYSILC SPIL Committee and submitted written testimony.

Thus, NYSILC is satisfied that the SPIL objectives reflect the priorities expressed by CILs. The only limitation imposed was a lack of Part B resources, which forced the council to make some difficult decisions between competing priorities. The Part B funds haven’t increased in over 10 years.

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

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

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

First, since the SPIL formulation process included the DSU, SILC, CILs, consumers, other providers and stakeholders, it helped to develop objectives that will sustain the interests of these parties during the next 3-year plan. This provides the opportunity to define, work cooperatively, and implement clear cut deliverables.

Second, NYSILC and the DSU have developed a cooperative recruitment and appointment process for the SILC. It strategically looks to form a diverse council that balances IL participation with members from related disability networks. Thus, full council meetings become a forum to convene numerous stakeholders to address important disability issues. It also ensures open communication between those present. The following link provides a listing of NYSILC’s current council members, www.nysilc.org/council.htm, which verifies the various affiliations of council members.

Third, as verified on the link noted above, NYSILC has five ex officio members from state agencies. They include representatives from the State Plan Partners (VESID and CBVH), NYS Commission on Quality of Care and Advocacy for Persons with Disabilities (CQCAPD), NYS Office of Mental Retardation and Developmental Disabilities (OMRDD), and NYS Office of Mental Health (OMH) (vacant). In the next year, NYSILC is considering the expansion of its ex officio members to other state agencies or councils that it conducts business with on a regular basis. Some of the entities being considered are the NYS Department of Health (DOH), NYS Office for Aging (SOFA), and the NYS Developmental Disabilities Planning Council (DDPC), and NYAIL. Additional ex officio members will help to further enhance working relationships, cooperation, and coordination.

1.6 Coordination of Services – 34 CFR 364.27

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

Currently VESID coordinates Title VII Part C with State funded “Service Centers for Independent Living” and maintains fiscal, programmatic and service data to avoid duplication of services. VESID is working with NYSILC to conduct a statewide needs assessment using program and census data to plan for future service needs and to address any un-served and underserved areas of the state. VESID’s contracts require that all centers maintain parity when comparing census with service data based on ethnicity.

None of the services planned or provided for in the SPIL or network are duplicated with special education services, vocational education services, developmental disabilities, or public health as required by 364.27 of the regulations, the State Rehabilitation Councils, the TRAID Project, and Most-Integrated Setting Coordinating Council, other federal, state, and local programs, including the OIB program. Specifically, Independent Living Services provided under this State Plan do not duplicate those services provided by the Older Blind Program. CBVH uses Part B funds to provide independent living services to individuals who are blind who are not served by other CBVH programs. Overall, coordination and collaboration is primarily achieved through representation and participation on the council, as well as input during the SPIL formulation process.

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

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

Title VII, Chapter 2 money is used to fund the Adaptive Living Program, a goal-focused service delivery system for New York State residents who are age 55 or older, legally blind, and desire to remain living as independently as possible in their homes or apartments for whom gainful employment would be extremely difficult to attain because of their blindness but for whom independent living goals are feasible.

Innovative outreach methods have been initiated by several of the not-for-profit agencies that provide Older Blind Independent Living services. These include the use of satellite offices and the development of clinics in rural areas. Both approaches have resulted in an increase in referrals for services. Community awareness initiatives in a variety of settings, partnering with county Offices for the Aging and programs funded by the Offices for the Aging, along with close contact with eye care professionals all serve to educate older individuals who are blind about available services as well as blindness prevention, vision loss and vision rehabilitation services. CBVH will keep NYSILC and VESID apprised of similar as well as new developments in the Older Blind program through the CBVH designated NYSILC representative.

Section 2: Scope, Extent, and Arrangements of Services

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

2.1A Check the appropriate boxes in the SPIL Instrument table indicating the types of IL services to be provided to meet the objectives identified in section 1.2 of this SPIL, and whether the services will be provided by the CILs or by the DSU (directly and/or through contract or grant).

Table 2.1A: Independent living services	Provided by the DSU (directly)	Provided by the DSU (through contract and/or grant)	Provided by the CILs (Not through DSU contracts/ grants)
Core Independent Living Services, as follows: - Information and referral - IL skills training - Peer counseling - Individual and systems advocacy
		ü	ü
		ü	ü
		ü	ü
		ü	ü
Counseling services, including psychological, psychotherapeutic, and related services	ü		ü
Services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of this Act and of the titles of this Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with significant disabilities)			ü
Rehabilitation technology			ü
Mobility training	ü		ü
Services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services	ü		ü
Personal assistance services, including attendant care and the training of personnel providing such services			ü
Surveys, directories and other activities to identify appropriate housing, recreation, accessible transportation and other support services			ü
Consumer information programs on rehabilitation and IL services available under this Act, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under this Act			ü
Education and training necessary for living in the community and participating in community activities			ü
Supported living			ü
Transportation, including referral and assistance for such transportation	ü		ü
Physical rehabilitation
Therapeutic treatment
Provision of needed prostheses and other appliances and devices
Individual and group social and recreational services			ü
Training to develop skills specifically designed for youths who are individuals with significant disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options			ü
Services for children with significant disabilities			ü
Services under other Federal, State, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities			ü
Appropriate preventive services to decrease the need of individuals with significant disabilities for similar services in the future			ü
Community awareness programs to enhance the understanding and integration into society of individuals with disabilities			ü
Other necessary services not inconsistent with the Act	ü*		ü**

* CBVH provides rehabilitation teaching, orientation and mobility, low vision examinations and devices, assistive equipment, social casework services, transportation to other IL services and interpreter services.

** See Attachment II for a listing of CIL services and service definitions in New York as defined by the DSU (VESID).

2.1B Describe any service provision priorities, including types of services or populations, established for meeting the SPIL objectives identified in section 1.2.

Since no new service priorities have been established, NYSILC will continue to utilize its existing communication protocol with RSA and identify any unserved/underserved needs based on the information used in the current plan.

Identification of Unserved/Underserved Need

Modest progress has been attained over the current and previous state plans in regards to establishment of new CIL’s in areas self-identified as being unserved or underserved in the state. The state plan for FFY 1999-2001 funded new centers in Herkimer County, Rochester (CDR), Tri-Lakes Region (Plattsburgh) and Putnam County. In December of 1999 and 2000, NYSILC sent a request to CILs, advocates, and county executives asking them to self-identify unserved or underserved areas of the State. In alphabetical order, the identified areas that have yet to receive funding include: Dutchess, Kings, Orange, Queens, Richmond, Schuyler, Washington, and Yates Counties. At the start of the current SPIL (FFY 2002-2004), state funding was obtained for a new center in Cortland County. No new federally funded centers were established in the current state plan because the increases have been used to bring all grants up toward the minimum level of $200,000 each.

During the formulation hearings for the next SPIL (FFY 2005-2007), participants confirmed the need to obtain additional resources to serve the same areas self-identified in 1999 and 2000 (i.e., listed above). Individuals also added Cayuga, Greene, Schenectady, and Seneca Counties to the list. Near the end of the written comment period, six people stated a preference to have the 21 centers that receive only state funding from VESID prioritized to receive Title VII, Part C funds during new center competitions. These centers are located in Amsterdam, Auburn, Batavia, Binghamton, Brooklyn, Catskill, Cortland, Ithaca, Jamestown, Kingston, Long Island, Newburgh, Massena, Niagara Falls, Olean, Poughkeepsie, Queens, Rockland, Staten Island, Suffolk, and Yonkers.

The state plan partners will communicate preferences for any funding priorities through its annual correspondence to RSA on the topic.

Communication Protocol

Since New York is a 722 State and does not administer the CIL program and money directly, the state plan partners will utilize the following process to communicate its funding priorities to RSA at the start of every calendar, when notified by RSA.

1. NYSILC, VESID, and CBVH will evaluate the amount of Title VII, Part C funding communicated by RSA per grant for the state.

2. The state plan partners will verify the amounts to be provided to each grant and communicate any relevant funding priorities in their written correspondence back to RSA.

3. RSA will confirm receipt, review the content of the information, and follow through on the correspondence.

The NYSILC Needs Assessment Committee will complete a statewide needs assessment by the end of 2007. These findings will result in an identification of service provision priorities, including types of services or populations. NYSILC will send a final copy of the needs assessment to the State Plan Partners (VESID and CBVH) and RSA as soon as it becomes available. The information from the report will subsequently replace the previous section and process of self-identifying unserved and underserved needs.

In addition, the priorities established for the SPIL objectives in section 1.2 were done through an extensive public input process. A NYSILC SPIL Committee then reviewed the information and helped to structure the priorities based on public input.

2.1C If the State allows service providers to charge consumers for the cost of services or to consider the ability of individual consumers to pay for the cost of IL services, specify the types of IL services for which costs may be charged and for which a financial need test may be applied, and describe how the State will ensure that:

– Any consideration of financial need is applied uniformly so that all individuals who are eligible for IL services are treated equally; and

– Written policies and consumer documentation required by 34 CFR 364.59(d) will be kept by the service provider.

No fees are charged for any independent living services.

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

2.2A If the DSU will provide any of the IL services identified in section 2.1A through grants or contractual arrangements with third parties, describe such arrangements.

VESID, in partnership with NYSILC, develops and executes a competitive procurement process leading to the awards of up to 19 Statewide Systems Advocacy Network Centers (SSANC). The SSANC coordinates efforts to implement New York's independent living disability action agenda through a variety of initiatives including volunteer recruitment and training; responses to legislative alerts; highlighting of issues in the media; provision of expert testimony; and the enhancement of disability voting rights. The results of the SSANC are measured through monthly reports and evaluated by a sophisticated targeted performance measurement system.

2.2B If the State contracts with or awards a grant to a center for the general operation of the center, describe how the State will ensure that the determination of an individual's eligibility for services from that center shall be delegated to the center.

N/A. New York State does not use Title VII Part B funds for the operation of CILs.

Section 3: Design for the Statewide Network of Centers

3.1 Existing Network – 34 CFR 364.25

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

New York State’s federally-funded network has not changed over the past few years. There are still twenty-one grants. Five of the CILs are operated as satellites sponsored by CIL’s with preexisting Title VII, Part C funds. The satellites share the same governing boards as their host CILs. They are noted below with an asterisk. For clarity, the federally funded CIL’s in the New York State network include:

1. Capital District Center for Independence (Albany)

2. Bronx Independent Living Services (Bronx)

3. Western New York Independent Living Project (Buffalo)

4. Native American Independent Living Services (Buffalo/Native American)*

5. Access to Independence and Mobility (Corning)

6. Southern Adirondack Independent Living (Glens Falls/Saratoga County)

7. Harlem Independent Living Center (Harlem)

8. Center for Independence of the Disabled in New York (Manhattan)

9. Action Toward Independence (Middletown/Sullivan County)

10. Tri-Lakes Center for Independent Living (Raybrook/Tri-Lakes Region)

11. Regional Center for Independent Living (Rochester)

12. Center for Disability Rights (Rochester/Inner-City)

13. ARISE Children and Family Services (Syracuse)

14. ARISE Children and Family Services (Syracuse/Oswego County)*

15. Independent Living Center of the Hudson Valley (Troy/Columbia County)

16. Resource Center for Independent Living (Utica)

17. Resource Center for Independent Living (Utica/Herkimer)*

18. Northern Regional Center for Independent Living (Watertown)

19. Westchester Independent Living Center (White Plains)

20. Westchester Independent Living Center (White Plains/Minority Outreach)*

21. Westchester Independent Living Center (White Plains/Putnam County)*

The contact information for these federally-funded sites can be found on the NYSILC website at, http://www.nysilc.org/directory.htm. They are listed in alphabetical order with other state funded centers.

The chart provided below provides some preliminary data for each federally funded grant. It identifies the county where they are seated, the county’s total population and % disabled (based on U.S. Census Bureau data), and whether or not each site receives federal and/or state IL funding. NYSILC will have more information to examine regarding the network when it completes its Needs Assessment by the end of 2007.

CIL/Satellite	County/Seated	Total County Population	Disabled %	Federal Funds	State Funds
1. Albany	Albany	297,414	16.4	Y	Y
2. Bronx	Bronx	1,357,589	25.1	Y	Y
3. Buffalo	Erie	930,703	18.1	Y	Y
4. Buffalo/NAILS	Erie	930,703	18.1	Y	N
5. Corning	Steuben	98,632	19.3	Y	Y
6. Glens Falls/Saratoga	Warren	65,548	16.8	N	Y
	Saratoga	214,859	12.7	Y	N
7. Harlem	New York	1,593,200	19.0	Y	Y
8. Manhattan	New York	1,593,200	19.0	Y	Y
9. Middletown/Sullivan	Orange	372,893	15.2	N	Y
	Sullivan	76,539	20.3	Y	N
10. Tri-Lakes/Raybrook	Essex	38,676	20.2	Y	N
11. Rochester/RCIL	Monroe	733,366	16.3	Y	Y
12. Rochester/CDR	Monroe	733,366	16.3	Y	N
13. Syracuse	Onondaga	458,053	16.3	Y	Y
14. Oswego (Syracuse # 13)	Oswego	123,373	17.4	Y	N
15. Troy/Hudson	Rensselaer	155,251	16.5	N	Y
	Columbia	63,622	17.0	Y	N
16. Utica	Oneida	234,105	18.8	Y	Y
17. Herkimer (Utica # 16)	Herkimer	63,780	18.3	Y	N
18. Watertown	Jefferson	116,384	14.8	Y	Y
19. White Plains	Westchester	940,807	15.6	Y	Y
20. Minority Outreach (White Plains # 19)	Westchester	940,807	15.6	Y	N
21. Putnum (White Plains # 19)	Putnum	100,507	12.8	Y	N

3.2 Expansion of Network – 34 CFR 364.25

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

Design for the Expansion of the Network/

Identification of Unserved and Underserved Needs

Section 1.2B details how the NYSILC Needs Assessment Subcommittee is currently working to complete an analysis of existing Census and center demographic data to help assess the varied and changing needs of Independent Living (IL) in the state. A summary of the analysis and findings will be reported with subsequent recommendations. It will lead to a full statewide needs assessment. The final results will help to define the future growth of the network, including an identification of unserved and underserved populations. It will also recognize and recommend effective outreach strategies to designated targeted populations, the geographic areas where they reside, and how the needs of these minority groups with significant disabilities will be addressed.

Funding Priorities and Decision Making Criteria

The NYSILC Needs Assessment Subcommittee will rely on the results of the needs assessment to help state specific funding priorities to RSA. Until that time, it should be noted that the SPIL formulation process recognized a need to reach out to veterans wounded and disabled as a result of their service in the wars in Iraq and Afghanistan. As these individuals move from rehabilitation to life back in the community, they will need to be made aware about Independent Living services and Centers for Independent Living (CIL’s) as potential resources to help them with their transition. See Section 1.2B. Another vast population identified for the near future is the aging of the “baby boomer” population by 2015, leading to an increase in the number of senior citizens and people with disabilities, as well as a major growth in the cultural/ethnic diversity of the State’s population by 2025.

The following decision-making criteria will be utilized to address annual changes to the level of Title VII, Part C funding for New York:

1) Funding Decrease: If RSA informs NYSILC and the DSU (VESID) of a funding decrease to the Title VII Part C grants, the amount of the decrease will be calculated in proportion to the grant amounts (based on a fixed percentage). Since the grants are varied in amounts, it was pointed out that dividing a decrease in equal shares is not fair to the grants with lower funding levels.

2) Level Funding: If RSA informs NYSILC and the DSU (VESID) that the Title VII, Part C grants will receive level funding (no change), then each grant will continue to get the same amount from the previous year.

3) COLA: If RSA informs NYSILC and the DSU (VESID) that the Title VII, Part C grants will receive a Cost Of Living Adjustment (COLA), then RSA will verify the COLA amount and the percentage (usually determined by the Consumer Price Index). This percentage will then be multiplied by the funding level for each grant from the previous year to calculate their new grant amount.

4) Additional Funds Above the COLA ($50,000 or Less): If RSA informs NYSILC and the DSU (VESID) that the Title VII, Part C grants will receive additional funds above the COLA, but in the amount of $50,000 or less, then it will be divided into equal shares amongst the existing federally-funded network (See Section 3.1).

5) Additional Funds Above the COLA (More Than $50,000): If RSA informs NYSILC and the DSU (VESID) that the Title VII, Part C grants will receive additional funds above the COLA in the amount more than $50,000, then it will be used for the expansion of new CIL’s through a competitive RFP process. New CIL’s can focus on the provision of IL services in unserved areas, as well as to specific underserved populations.

Process to Communicate

RSA will notify NYSILC and the DSU (VESID) about annual changes to the level of Title VII, Part C funding for New York by the start of each calendar year. The state plan partners will confirm action based on the decision-making criteria above, as well as communicate preferences for any funding priorities through correspondence to RSA. The funding priorities will be relevant to the funding level changes. They will be further defined by the results from the statewide needs assessment, when available.

3.3 Section 723 States Only – 34 CFR 364.39

3.3A If the State follows an order of priorities for allocating funds among centers within a State that is different from what is outlined in 34 CFR 366.22, describe the alternate order of priority that the DSU director and the SILC chair have agreed upon. Indicate N/A if not applicable.

N/A.

3.3B Describe how the State policies, practices and procedures governing the awarding of grants to centers and the oversight of these centers are consistent with 34 CFR 366.37 and 366.38.

N/A.

Section 4: Designated State Unit (DSU)

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

4.1A Describe the administrative support services to be provided by the DSU for the SILS

(Part B) program and, if the State is a Section 723 State, for the CIL (Part C) program.

– Refer to the SPIL Instructions for additional information about administrative support services.

VESID administers a contract to operate the New York State Independent Living Council, Inc. (NYSILC) and through this arrangement it monitors and evaluates the deliverables in the Statewide Plan for Independent Living (SPIL). VESID also administers the Statewide Systems Advocacy Network (SSAN) contracts and utilizes the coordination of NYSILC in partnership with the New York Association on Independent Living (NYAIL) to provide project management, data collection and training and technical support for the network. VESID partners with NYSILC for the completion of a statewide customer satisfaction survey and utilizes the results to assess the required performance measure in contracts for state independent living operation funds. All programs must maintain 80 percent satisfaction in all domains surveyed.

4.1B Describe other DSU arrangements for the administration of the IL program, if any.

VESID’s Independent Living Program also includes the administration of 11 contracts with CIL’s to provide independent living services for school age youth with disabilities utilizing Individuals with Disabilities Education Act (IDEA) Discretionary funds.

Section 5: Statewide Independent Living Council (SILC)

5.1 Resource plan – 34 CFR 364.21(i)

5.1A Describe the resource plan prepared by the SILC in conjunction with the DSU for the provision of resources, including staff and personnel, made available under parts B and C of chapter 1 of title VII, section 101(a)(18) of the Act, and from other public and private sources that may be necessary to carry out the functions of the SILC identified in section 705(c). The description must address the three years of this SPIL.

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

NYSILC is an established not-for-profit corporation with the mission to develop, implement, and monitor the progress of the Statewide Plan for Independent Living (SPIL) as described in Section 705 of the Rehabilitation Act, as amended.

To achieve this end, NYSILC needs to maintain a staffing structure and office commensurate to the efforts necessary to carry out the work of the council. In the proposed SILC resource plan, NYSILC will look to support a full-time Executive Director, three-quarter time Office Manager, three quarter time Administrative Assistant. When necessary, NYSILC will support a three-quarter time SPIL Project Coordinator. In addition, NYSILC will outsource specialized office duties, required on a consistent but limited basis, to conduct vital services related to bookkeeping, webmaster, media relations, and legal/public policy review. NYSILC also retains the right to work with consultants to achieve focused projects or initiatives identified in the SPIL (by objectives) that require a level of expertise to complete in a successful and timely manner. The council will maintain its office in Albany, New York.

The amounts listed in the SILC Resource Plan 1.3A identify the funding levels for NYSILC by plan year and will be used to support the basic, ongoing operation of the council, as described above. NYSILC’s annual resources will increase based on the relevant SPIL objectives that need to be addressed each year.

The DSU’s (VESID) and (CBVH) will equitably share costs and resources to support NYSILC’s operations. See Attachment I, Breakdown of Title VII, Part B Funds by State Agency Source, for specific amounts. VESID will contract with NYSILC to provide the council with the resources they need to successfully carry out its duties. The annual amounts are provided below:

Year one (2008): $309,032 SILC Basic Operation + $240,000 SPIL Objectives = $549,032.

Year two (2009): $318,032 SILC Basic Operation + $228,000 SPIL Objectives = $546,032.

Year three (2010): $327,690 SILC Basic Operation + $221,500 SPIL Objectives = $549,190.

5.1B Describe how the following SILC resource plan requirements will be addressed:

– The SILC’s responsibility for the proper expenditure of funds and use of resources that it receives under the resource plan.

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

– Reliance, to the maximum extent possible, on the use of resources in existence during the period of implementation of the State plan.

NYSILC’s resource plan requirements will be met through a series of active policies and procedures. Proper expenditure of funds and use of resources is addressed through several sources. The NYSILC New Member Orientation Manual identifies the primary responsibilities of members, which includes carrying out fiduciary responsibilities. NYSILC’s Conflict of Interest Policy points out the need for disclosure and avoidance of gifts and improper financial interest. NYSILC By-Laws, Article Seven – Fiscal Management of the Corporation, cross references detailed fiscal policies adopted by the council to ensure internal controls. Section 4.9 defines the duties of the Treasurer to help monitor and report the financial fitness of the council. It should be mentioned that NYSILC receives guidance from the Financial Reference Guide it had developed for the centers in New York in 2006.

There is no “non-inclusion of conditions or requirements” in the SILC resource plan or subsequent contract from the DSU (VESID) that may compromise the independence of the council. The language used in this SPIL 2008-2010 provides clarity to avoid any potential misinterpretation of the SILC resource plan.

Maximization of the resources in this SPIL 2008-2010 is ensured by the addition of a process and priority of how to acquire and use unspent Title VII, Part B funds (See Section 1.3B(4)).

5.2 Establishment and Placement – 34 CFR 364.21(a)

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

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

NYSILC is a non-profit corporation that operates separately from any New York State agency. The state 2007 fiscal year contract with NYSED/VESID has been approved so that NYSILC can conduct its activities and State business per the Statewide Plan for Independent Living (SPIL).

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

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

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

As mentioned in Section 1.5, NYSILC and the DSU (VESID) have a cooperative recruitment and appointment process for the SILC. A term chart is kept for all members of the council. It identifies the appointment category of the individual, the year they were appointed, the year their term expires, as well as what term they are in (first or second). This chart is utilized each summer to get a concise idea of what openings and vacancies need to be filled on the council before the start of the next calendar year. NYSILC and the DSU (VESID) puts out a solicitation notice to seek interested candidates. The new applications are put with the existing pool of applications. A representative of NYSILC and VESID schedule a meeting to confirm the openings that have to be filled, their appointment categories, and any minority demographic that is underrepresented on the council. The most important requirement is to ensure that more than half of the council members represent individuals with diverse disability experiences. Currently, 67% of the council members have a disability representing all significant disability federal categories: physical, cognitive, sensory (visual and hearing), mental health, and multiple. Council members must also have a broad range backgrounds and knowledge about CILs and IL services. Presently, 50% of the members have current or previous experience with CILs or IL as either consumers, board members, or staff. NYSILC and VESID then review the applications to identify the best individuals to help fulfill these multiple considerations. If needed, telephone interviews are set up with the candidates to verify their interest and qualifications. Time is taken to fully explain the responsibilities and expectations of appointed council members. A list is recommended and reviewed with the NYSILC executive committee. Pending changes, the list is then presented to the DSU (VESID) for a similar dialogue. A final appointment (and reappointment) list is developed and sent to the New York State Education Department for action in the fall by the Regents, who are the appointing authority. New members are notified of their appointment before the end of the year and become active in January.

The term chart is also useful to identify what members are ready for a possible transition to a leadership position on the executive committee. Every two years, the executive committee develops a slate of candidates to fill the officer positions, including council chair. The slate is announced at the September meeting and acted upon at the November meeting. Nominations are also taken from the floor. The full council has the prerogative of voting for the slate (if uncontested) or by office (with competition).

A current listing of council members is available on the NYSILC website to verify composition, www.nysilc.org/council.htm, in addition to officers.

5.4 Staffing – 34 CFR 364.21(j)

Describe how the following SILC staffing requirements will be met:

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

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

Staffing is delineated on NYSILC’s organizational chart. The small group of staff is clear that the executive director is hired by and reports to the council. The other staff either report to the executive director or another direct supervisor. A staff person’s direct supervisor reviews NYSILC’s personnel policies and procedures with them. It includes additional resources, such as relevant fiscal policies, conflict of interest policy, and IL history and philosophy. The office manager holds a staff meeting at least every two weeks to encourage communication. Staff training opportunities are based on interest, need, resources, and availability.

Section 6: Service Provider Requirements

Describe how the following service provider requirements will be met:

Overall, VESID and NYSILC will help to assure that the federally requirements to be monitored by RSA will be further supported and enforced by the state in the following ways:

1) NYSILC will email a direct copy and/or link of the “Financial Reference Guide” product developed to assist them with financial governance to the federally funded network each October. The email will include links to EDGAR and appropriate IL-Net training resources.

2) VESID will review the certified financial statements of the federally funded CILs on an annual basis.

3) NYSILC will email a direct copy and/or link of the federal requirements out to the federally funded CILs each January.

4) If any state plan partners, or RSA, obtain information about a federally funded CIL in the network being “at risk,” then they should communicate specific concerns to NYSILC so that the center can be referred to the rapid response emergency technical assistance program to help remedy the situation.

5) NYSILC will email a reminder to the federally funded CILs each October about the timeline for completion of the Annual 704 Report. The email will direct them to instructions to complete the report, appropriate IL-Net training resources, as well as other technical support.

6) NYSILC will use the IL Training Academy to help address the staff development needs of the federally funded network. The training opportunities and/or products offered each year will be based on direct input and the information provided from the Annual 704 Reports – Section E: Training and Technical Assistance Needs.

The service provider requirements in Section 6 for VESID apply to the CIL network. CBVH’s responses for Section 6 refer to their Part B fee-for-service opportunity.

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

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

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

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

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

For VESID, each CIL has the local control to develop its own staffing pattern based on the community needs. However, the staff must be qualified and trained to provide IL services, in particular, the core services. This includes IL specialists. To make sure that every staff person had a consistent understanding of IL and their roles, VESID and NYSILC worked with the RRTC in Buffalo to develop a DVD training product to provide proper background on history and philosophy. VESID follows its owns policies and procedures regarding the provisions of alternative formats and modes of communication, communication devices, or interpreter services for its staff and consumers. It is important that all individuals have the ability to communicate equally or be able to read a document in a format or language of their choice. This same practice is expected from the CILs. As stated earlier, the IL Training Academy will be used to address the staff development needs of the federally funded network. VESID complies with all affirmative action employment requirements for qualified individuals with significant disabilities on the same terms and conditions required under section 503 of the Act.

CBVH staff providing IL services are qualified rehabilitation professionals who are trained in the provision of CBVH IL services. Staff have received copies of the Independent Living Services Manual and have access to technical assistance as needed through the CBVH Home Office. CBVH purchases interpreter services as needed to enable a consumer to fully access their independent living services. Print materials are provided to consumers in their preferred format. All CBVH staff participate in a program of staff development. Staff participation in career development activities is documented in a database. CBVH complies with all affirmative action requirements to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act.

6.2 Fiscal Control and Fund Accounting – 34 CFR 364.34

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

VESID and CBVH have adopted fiscal control and fund accounting procedures for proper disbursement and accounting for funds made available through part B of chapter 1 of title VII of the Act, in addition to complying with applicable EDGAR fiscal and accounting requirements.

It should be noted that NYSILC and VESID will conduct two assurances to help support this area: 1) Annual distribution of the “Financial Reference Guide” product along with links to EDGAR and training resources and 2) Review of the certified financial statements of the federally funded CILs on an annual basis.

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

– Maintenance of records that fully disclose and document the information listed in

34 CFR 364.35.

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

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

VESID and CBVH maintain records that fully disclose and document the information listed in 34 CFR 364.35. VESID and CBVH will submit annual performance and financial reports and any other reports that the Secretary determines to be appropriate. VESID and CBVH will provide access to the Commissioner and the Comptroller General, or any of their duly authorized representatives, for the purpose of conducting audits, examinations, and compliance reviews, to the information listed in 34 CFR 364.37.

6.4 Eligibility – 34 CFR 364.40; 34 CFR 364.41

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

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

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

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

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

VESID uses and requires of the CILs the same standards expected by RSA for eligibility of any individual with a significant disability in accordance with federal regulations as defined in 34 CFR 364.4(b) and 34 CFR 364.51. It includes IL services under the SILS and CIL programs, the ability of any individual to seek information about IL services, to request referral to other services and programs, determination of an individual's eligibility for IL services under the SILS and CIL programs, application of eligibility requirements without regard to age, color, creed, gender, national origin, race, religion, or type of significant disability, and non-exclusion from receiving IL services of any individual who is present in the State and who is otherwise eligible for IL services, based on the imposition of any State or local residence requirement.

CBVH staff determine eligibility for IL services. The criterion for eligibility for CBVH Independent Living Services is: Any individual with a significant disability as defined in Federal regulation is eligible to receive independent living services. This criterion is found in the Independent Living Services Manual.

6.5 Independent Living Plans – 34 CFR 364.43(c)

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

State: New York

Centers for Independent Living (CIL) Program

Part C

FISCAL YEARS 2008 – 2010

Effective Date: October 1, 2007

TABLE OF CONTENTS

Identification of Unserved/Underserved Need

Communication Protocol