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
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
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)
ü
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
ü
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)