BUILDING A STRONG FOUNDATION in a Rapidly Changing Environment THE SILC DIFFERENCE "YES, YOU CAN!" January 22-23, 1997 Orlando, Florida IL NET NCIL/ILRU National Training & Technical Assistance Project 1997 ILRU Program 2323 S. Shepherd, Suite 1000 Houston, TX 77019 713-520-0232 (v) 520-5136 (TTY) 520-5785 (fax) Permission is granted for duplication of any portion of this manual, providing that the following credit is given to the project: Developed as part of the IL NETWORK: NCIL/ILRU National Training and Technical Assistance Project. Developers of this TRAINING MANUAL: Bob Michaels Laurel Richards Gina McDonald Rose Shepard Cynthia Dresden Raymond Lin Dawn Heinsohn Anne-Marie Hughey TABLE OF CONTENTS Agenda List of Trainers and IL NET Staff About the Trainers Bob Michaels Gina McDonald About NCIL About ILRU IL NETWORK Resource Materials National Resources on Independent Living Readings for the Independent Living and Disability Rights Movements Learning Objectives Overheads: History and Philosophy of Independent Living History of Independent Living Independent Living and Traditional Paradigms Overheads: Statewide IL Councils Titles of The Rehabilitation Act of 1973 as Amended Did You Know . . . ? Composition of Statewide Independent Living Councils What Every SILC Member Should Know: A Self-Administered Test Questions About SILC Governance Prototype Job Description for SILC Chair Prototype Job Description for SILC Vice-Chair Prototype Job Description for SILC Secretary Prototype Job Description for SILC Treasurer Prototype Job Description for SILC Member SILC Composition Compliance Self-Assessment Checklist SILC Profile Analysis State Plan for Independent Living Services and Centers for Independent Living Development of State Plans for Independent Living Title VII, Part B--Authorized Uses of Funds Authorized Uses of Title VII, Part B State IL Plans--Use of Part B Funds Funding Under SILC Jurisdiction Sequence of Title VII, Part C Funding Requirements Scenario One: "A Piece of the Pie" Scenario Two: "Who's in Charge Anyway?" Terminology Related to the Legislative and Regulatory Process The Rehabilitation Act of 1973 as Amended: Title VII Section 704 Annual Performance Report--Independent Living Programs Evaluation THE SILC DIFFERENCE: "YES, YOU CAN!" AGENDA Wednesday, January 22, 1997 9:00-9:15 Introductions and Housekeeping 9:15-9:30 Icebreaker 9:30-10:30 History and Philosophy of Independent Living 10:30-10:45 Break 10:45-11:45 Review of the Rehabilitation Act 11:45-1:15 Lunch 1:15-1:30 Introduction to SILCs 1:30-2:30 SILC Appointments and Composition 2:30-2:45 Break 2:45-3:45 SILC Roles and Responsibilities 3:45-4:15 Duties and Collaboration 4:15-5:00 Scenario One Thursday, January 23, 1997 9:00-10:30 Funding SILC Activities 10:30-10:45 Break 10:45-11:45 SILC Innovations 11:45-1:15 Lunch 1:15-3:00 CIL Requirements (definitions, standards, and assurances) 3:00-3:15 Break 3:15-3:50 Scenario Two 3:50-4:00 Evaluation and Wrap-up LIST OF TRAINERS AND IL NET STAFF TRAINERS Robert Michaels ILRU Program 65 E. Kelly Lane Tempe, AZ 85284 (602) 961-0553 (v); 961-0533 (fax) michaels@tsbbs02.tnet.com Gina McDonald KACIL 1423 West Crawford Street Salina, KS 67401 (913) 825-2675 (v); 825-7029 (fax) gina@tsbbs02.tnet.com IL NET STAFF NCIL Anne-Marie Hughey Dawn Kemp-Moye Raymond Lin 2111 Wilson Blvd., Suite 405 Arlington, VA 22201 (703) 525-3406 (v); 525-3407 (TTY) 525-3409 (fax) ncil@tsbbs02.tnet.com Roland Sykes, President Greater Independence Through Management Programs, Inc. 6256 Ramblewood Drive Dayton, OH 45424 (513) 327-8360 (v) rsykes@tsbbs02.tnet.com ILRU Laurel Richards Bob Michaels (see above) Quentin Smith Cynthia Dresden Dawn Heinsohn Laurie Gerken Redd 2323 S. Shepherd, Suite 1000 Houston, TX 77019 (713) 520-0232 (v); 520-5136 (TTY) 520-5785 (fax) ilru@tsbbs02.tnet.com ABOUT THE TRAINERS BOB MICHAELS is co-director of curriculum development and training with the IL NET and is training and technical assistance associate with ILRU. Prior to his position with ILRU, Bob was president and chief executive officer of Liberty Resources, Inc., in Philadelphia, Pennsylvania, for four years. Bob has also served as director of the Arizona Bridge to Independent Living in Phoenix, Arizona, and on both the Arizona and Pennsylvania state independent living councils. He has been chair of the Rehab Act Subcommittee for the National Council on Independent Living (NCIL) for the past ten years. Bob has written numerous articles and briefs on the Rehab Act and related topics and has conducted training programs for CILs and SILCs nationwide. GINA MCDONALD is executive director of the Kansas Association of Centers for Independent Living, a statewide organization dedicated to advocacy on behalf of independent living centers in that state. Gina currently serves as president on the board of the National Council on Independent Living and is chair of the Kansas Statewide Independent Living Council. These extensive current responsibilities follow eighteen years of professional experience in the development, management, and training of independent living programs, centers, and associations. Prior to her current positions, Gina served as program administrator for the consumer attendant care and head injury services for the state of Kansas and was executive director of the WHOLE PERSON, Inc., an independent living center in Kansas City, Missouri. ABOUT NCIL Founded in 1982, the National Council on Independent Living is a membership organization representing independent living centers and individuals with disabilities. NCIL has been instrumental in efforts to standardize requirements for consumer control in management and delivery of services provided through federally-funded independent living centers. Until 1992, NCIL's efforts to foster consumer control and direction in independent living services through changes in federal legislation and regulations were coordinated through an extensive network and involvement of volunteers from independent living centers and other organizations around the country. Since 1992, NCIL has had a national office in Arlington, Virginia, just minutes by subway or car from the major centers of government in Washington, D.C. While NCIL continues to rely on the commitment and dedication of volunteers from around the country, the establishment of a national office with staff and other resources has strengthened its capacity to serve as the voice for independent living in matters of critical importance in eliminating discrimination and unequal treatment based on disability. Today, NCIL is a strong voice for independent living in our nation's capital. With your participation, NCIL can deliver the message of independent living to even more people who are charged with the important responsibility of making laws and creating programs designed to assure equal rights for all. ABOUT ILRU The Independent Living Research Utilization (ILRU) Program was established in 1977 to serve as a national center for information, training, research, and technical assistance for independent living. In the mid-1980's, it began conducting management training programs for executive directors and middle managers of independent living centers in the U.S. Since 1985, it has operated the ILRU Research and Training Center on Independent Living at TIRR, conducting a comprehensive and coordinated set of research, training, and technical assistance projects focusing on leading issues facing the independent living field. ILRU has developed an extensive set of resource materials on various aspects of independent living, including a comprehensive directory of programs providing independent living services in the U.S. and Canada. ILRU is a program of TIRR, a nationally recognized, free-standing rehabilitation facility for persons with physical disabilities. TIRR is part of TIRR Systems, a not-for-profit corporation dedicated to providing a continuum of services to individuals with disabilities. Since 1959, TIRR has provided patient care, education, and research to promote the integration of people with physical and cognitive disabilities into all aspects of community living. IL NETWORK RESOURCE MATERIALS The IL NETWORK: National Training and Technical Assistance project, a collaboration of the National Council on Independent Living (NCIL) and the Independent Living Research and Utilization (ILRU) Program, is committed to promoting a national network of centers for independent living, statewide independent living councils, and others involved in the independent living field. Through training and technical assistance activities, project staff seek to provide individuals at all levels of expertise with educational and networking opportunities. To enhance our ability to reach as wide an audience as possible, we are making many of our training materials available in the form of individual fact sheets and packets. The following is a description of resource materials concerning the Rehab Act, statewide independent living councils, state IL plans, funding, and other topics. These materials may be duplicated without acquiring permission, providing that the following credit is given to the project: "Developed as part of the IL NETWORK: NCIL/ILRU National Training & Technical Assistance Project." All materials are available in accessible formats, including copies available to download in either WordPerfect or ASCII from DIMENET in the IL_NETWORK file area. For fact sheets about the Rehab Act, download file 'rehab1.wp' or 'rehab1.asc.' For fact sheets about SILCs, download 'silcpak1.wp' or 'silcpak1.asc.' You will also find each piece of the packets available individually. For assistance with downloading call (808) 880-5325 (v/TTY) or (513) 439-0071 (v), 439-0072 (TTY). For further information or technical assistance, contact ILRU at (713) 520-0232 (v), 520- 5136 (TTY) or NCIL at (703) 525-3406 (v), 525-3407 (TTY). FACT SHEETS ABOUT THE REHAB ACT Amendments to the Rehab Act: 1986 & 1992: A Comparison--a set of charts showing changes in the Rehab Act which occurred from 1986 to 1992. Where to Get Information About the Rehabilitation Act--how to obtain copies of the Rehab Act and related background information from the government, from public records, and from DIMENET, the national computer bulletin board for independent living. Terminology Related to the Legislative and Regulatory Process--explanations of terms and concepts related to the legislative process. Key OSERS Staff--a listing of top-level staff members of the Office of Special Education and Rehabilitation Services, the Rehabilitation Services Administration, and the National Institute on Disability and Rehabilitation Research (NIDRR). FACT SHEETS ABOUT STATEWIDE INDEPENDENT LIVING COUNCILS (SILCs) Composition of Statewide IL Councils--an easily understood overview of SILC responsibilities, composition criteria, and examples of some of the problems faced by state IL councils with direct, concrete suggestions for dealing with them. Questions About SILC Governance--identifies many of the pivotal questions an organization can use to establish the bylaws with which it governs itself; covers specific questions for councils operating as private, nonprofit corporations and seeking a tax exempt status. What Every SILC Member Should Know--a checklist of basic information that each SILC member should understand in order to be an effective, voting participant of a statewide IL planning body. Prototype Job Descriptions--basic duties, authorities, and qualifications for the SILC chair, vice- chair, secretary, treasurer, and member; intended as a guideline from which to build individualized descriptions. SILC Profile Analysis--a grid designed to reveal a basic profile of any SILC by mapping characteristics and affiliations of the members; simple, easy-to-follow instructions show whether or not a council is consumer controlled according to legal mandate. SILC Membership Compliance Assessment--a checklist for determining whether or not your SILC is in compliance with the compositional guidelines outlined in section 705(b)(2) the Rehab Act. Directory of Statewide IL Councils--a complete list of all SILCs with contact information for state chairs; current as of May 1995. AUTHORIZED USES OF FUNDS AVAILABLE TO THE STATE IL COUNCIL Authorized Uses of Title VII, Part B--this document gives an overview of the history and development of Title VII, with an emphasis on gains made in controlling how the dollars allotted to support independent living programs and services are spent. Funding Under SILC Jurisdiction--identifies funding sources available to the statewide IL council: Title VII, Parts B and C, Title I, Part C, Social Security Reimbursement Funds, and private or other sources. Funding for Title VII, Part B: Fiscal Years 1994 & 1995--exact 1995 dollar amounts allocated from this source for each state and territory. Funding for Title VII, Part C: Fiscal Year 1994--dollar amounts by state and territory showing 1994 allotments as well as post-reallotment amounts for fiscal year 1993. Revised 3/96 _________________________ Developed by the IL NETWORK: NCIL/ILRU National Training and Technical Assistance Project. Requests for technical assistance on this and other independent living subjects may be directed to the IL NETWORK Project, c/o ILRU at (713)520-0232 (v), 520-5136 (TTY), 520-5785 (Fax), or NCIL at (703) 525-3406 (v), 525-3407 (TTY), 525-3409 (Fax). NATIONAL RESOURCES ON INDEPENDENT LIVING Several national organizations have been established to provide technical assistance on particular concerns relevant to issues in independent living. National Council on Independent Living Founded in 1982, NCIL is a membership organization representing independent living centers and individuals with disabilities. NCIL has been instrumental in efforts to incorporate independent living philosophy in federal legislation and regulations. National headquarters are located outside Washington, D.C. at 2111 Wilson Blvd., Suite 405, Arlington, VA 22201; (703) 525-3406 (v), 525-3407 (TTY), 525-3409 (fax). Association of Programs for Rural Independent Living One of the best resources for information about rural independent living is APRIL. Established in 1986, APRIL is an association of 33 centers and other organizations and individuals across the country serving a predominantly rural constituencies. For further information, contact APRIL president Michael Mayer at the Summit Independent Living Center, 1900 Brooks Street, #120, Missoula, Montana 59801, (406) 728-1630 (v/TTY), or Linda Tonsing Gonzales at 1919 Kiva Road, Santa Fe, New Mexico, 87505, (505) 984-8035 (v/fax). Disability and Business Technical Assistance Centers on ADA There are ten regional DBTACs funded by the National Institute on Disability and Rehabilitation Research, the U.S. Department of Education, to provide technical assistance and training on the Americans with Disabilities Act (ADA). The Southwest DBTAC, operated by ILRU, features an Hispanic outreach program. By calling 1-800-949-4232 from anywhere in the country, your call will be routed automatically to the appropriate regional DBTAC. American Disabled for Attendant Programs Today One of the oldest and most active grassroots disability rights advocacy groups is ADAPT. Following its tremendous success in advocating for accessible transportation, ADAPT has focused its mission on personal assistance services. With local chapters in many cities around the country, ADAPT is centered in Colorado at 201 South Cherokee St., Denver, CO 80223; (303) 733-9324 (v), 733-6211 (fax). Disability Rights Education and Defense Fund DREDF is an organization dedicated to promoting the civil rights of individuals with disabilities through research, education, and advocacy. The DREDF offices are located at 1633 Q St., NW, Suite 220, Washington, D.C. 20009; (202) 986-0375 (v), 462-5624 (fax) and 2212 Sixth Street, Berkeley, CA 94710; (510) 644-2555 (v), 841-8645 (fax). Disabled Individuals Movement for Equality Network DIMENET is a computer network that serves the independent living and disability rights movements. It was established in 1985 to meet the demand for a computer network that directly serves the interests of all people with disabilities and that is fully accessible to people with visual impairments. You can access DIMENET from any of three host sites: (508) 880-5412 (Taunton, MA), (513) 341-5205 (Dayton, OH), and (918) 582-3622 (Tulsa, OK). If you have problems or questions regarding accessing DIMENET, technical assistance is also available from individuals at DIMENET regional host sites: Taunton (508) 880-5325 (v/TTY), Dayton (513) 439-0071 (v), 439-0072 (TTY), and Tulsa (918) 592-1235 (v/TTY). Additional help may be obtained from Roland Sykes at (513) 237-8360 (v) or Paul Spooner at (508) 875-7853 (v/TTY). Independent Living Research Utilization Program ILRU Program is a national center for information, training, research, and technical assistance on independent living. Founded in 1977, its goal is to expand the body of knowledge in independent living and to improve utilization of results of related research and demonstration projects. ILRU, 2323 S. Shepherd, Suite 1000, Houston, TX 77019; (713) 520-0232 (v), 520-5136 (TTY), and 520-5785 (fax). World Institute on Disability Originally founded in 1983 from within the grassroots disability rights movement, WID's focus is now international in scope. WID conducts research and training in public policy, personal assistance services, and independent living from its headquarters at 510 16th Street, #100, Oakland, CA 94612; (510) 763-4100 (v/TTY). RESEARCH AND TRAINING CENTERS ON INDEPENDENT LIVING Four research and training centers funded by the National Institute on Disability and Rehabilitation Research (NIDRR), U.S. Department of Education, focus on independent living. They are: the ILRU Research and Training Center on Independent Living at TIRR; the RTC: IL at the University of Kansas; the RTC on Personal Assistance Services at the World Institute on Disability (WID); and the RTC on Public Policy and Independent Living, also at WID. All four centers conduct research and training projects designed to address the needs of individuals with disabilities, as well as state and private entities involved with independent living. More information about each is given below. ILRU Research and Training Center on Independent Living at TIRR The goals of the ILRU RTC are to enhance management performance in independent living centers through improved management and operational practices developed and tested in research-based models, and disseminated through training, technical assistance, and materials development projects. A major emphasis of these training and technical assistance projects is the promotion of networking among individuals and organizations in the independent living field. ILRU RTC is guided by the independent living philosophy, particularly with regard to the substantial involvement of people with disabilities at all levels of RTC operations. Director: Lex Frieden Associate Director: Quentin Smith Director of Research: Peg Nosek Director of Training: Laurel Richards Coordinating Director: Laurie Gerken Redd For more information, contact: ILRU Program 2323 S. Shepherd, Suite 1000 Houston, TX 77019 (713) 520-0232 (v), 520-5136 (TTY), 520-5785 (fax) URL: http://www.bcm.tmc.edu/ilru Research and Training Center on Independent Living at the University of Kansas The University of Kansas operates a national research and training center which focuses on aspects of independent living particular to rural and other underserved populations, including persons with cognitive and psychiatric disabilities. In addition, the RTC conducts consumer control training, conducts research in prevention of secondary health conditions in people with disabilities, and studies successful attainment of vocational rehabilitation goals. Director: Glen W. White Co-Director: James F. Budde Assistant Director: John Youngbauer Training Director: Kenneth J. Golden For more information, contact: RTC-IL at Kansas 4089 Dole Building University of Kansas Lawrence, KS 66045 (913) 864-4095 (v/TTY), 864-5063 (fax) URL: http://www.lsi.ukans.edu/rtcil/rtcbroc.htm The Research and Training Center on Public Policy and Independent Living Funded by NIDRR at the World Institute on Disability, the RTC-PPIL conducts research and training on major disability policy issues including independent living, leadership development, peer support, and community integration. In addition, WID is attempting to establish the first full curriculum for disability studies. The program will offer courses of study at the undergraduate, graduate, professional training, and continuing education levels. Director: Herb Leibowitz Director of Research: Tanis Doe For more information, contact: RTC-PPIL World Institute on Disability 510 16th Street, Suite 100 Oakland, CA 94612-1500 (510) 763-4100 (v/TTY), 763-4109 (fax) The Research and Training Center on Personal Assistance Services at WID One of two RTCs operated by WID, the RTC-PAS was established for the purpose of creating greater understanding about how personal assistance service systems can further the self-sufficiency and economic independence of individuals with disabilities. The RTC will perform a comprehensive evaluation of PAS programs across the country and will seek to define effective PAS from the consumer's point of view. In developing new service programs, the RTC-PAS also focuses on underserved or unserved populations. Director of Training: Simi Litvak Research Assistant: Valerie Bivona For more information, contact: RTC-PAS World Institute on Disability 510 16th Street, Suite 100 Oakland, CA 94612-1500 (510) 763-4100 (v), 208-9493 (TTY), 763-4109 (fax) Revised 6/96 _________________________ Developed by the IL NETWORK: NCIL/ILRU National Training and Technical Assistance Project. Requests for technical assistance on this and other independent living issues may be directed to the IL NETWORK Project, c/o ILRU at (713) 520-0232 (v), 520-5136 (TTY), 520-5785 (fax), or NCIL at (703) 525-3406 (v), 525-3407 (TTY), 525-3409 (fax). READINGS FOR THE INDEPENDENT LIVING AND DISABILITY RIGHTS MOVEMENTS DeJong, Gerben. "Independent Living: From Social Movement to Analytic Paradigm." Archives of Physical Medicine and Rehabilitation 60 (October 1979): 435-446. DeJong, Gerben. "Physical Disability and Public Policy." Scientific American 248, no. 6 (June 1983): 40-49. DeJong, Gerben. Environmental Accessibility and Independent Living Outcomes: Directions for Disability Policy and Research. East Lansing: University Center for International Rehabilitation, 1981. DeJong, Gerben and Janice Hughes. Report of the Sturbridge Conference on Independent Living Services. Boston: Tufts Medical Rehabilitation Research and Training Center, 1981. Fasser, Carl E., Quentin Smith, Lex Frieden, Laura W. Smith, J. David Holcomb. "Addressing the Health Care Needs of People with Disabilities." Journal of the American Academy of Physician Assistants 7, no. 1 (January 1994): 26-32. Kailes, June. "Language is More Than a Trivial Concern!" (1984) reprinted in Disability Pride and A Guide to Planning Accessible Meetings (available through ILRU publications). Kailes, June Isaacson. Disability Pride: The Interrelationship of Self-Worth, Self-Empowerment, & Disability Culture. Houston: ILRU Program, 1993. Kailes, June Isaacson, and Darrell Jones. A Guide to Planning Accessible Meetings. Houston: ILRU Program, 1993. Kailes, June Isaacson. Putting Advocacy Rhetoric Into Practice: The Role of the Independent Living Center. Issues in Independent Living No. 8. Houston: ILRU Program, 1988. Lachat, Mary Ann. An Evaluation and Management Information System for Independent Living. Staying on Track: ILRU Management Support Series. Houston: ILRU Program, 1988. Lachat, Mary Ann. The Independent Living Service Model: Historical Roots, Core Elements, and Current Practice. Hampton: Center for Resource Management, 1988. National Council on the Handicapped (now the National Council on Disability). Toward Independence: An Assessment of Federal Laws and Programs Affecting Persons with Disabilities - With Legislative Recommendations. February 1986. Available from NCD, 1331 F Street, NW, Suite 1050, Washington, DC 20004 (202) 272-2004 (v), 272-2074 (TTY). National Council on the Handicapped (now the National Council on Disability). On the Threshold of Independence: A Report to the President and the Congress of the United States. January 1988. Available from NCD (see above). Nosek, Peg, Yayoi Narita, Yoshiko Dart, and Justin Dart. A Philosophical Foundation for the Independent Living & Disability Rights Movement. Occasional Paper No. 1. Houston: ILRU Program, 1982. Pflueger, Susan Stoddard. Independent Living. Emerging Issues in Rehabilitation. Washington, D.C.: Institute for Research Utilization, 1977. Richards, Laurel and Quentin Smith. An Orientation to Independent Living Centers. Houston: ILRU Program, 1987. Shapiro, Joseph P. No Pity. New York: Random House, Inc. 1993. Shreve Maggie, Patricia Spiller, Eric Griffin, Nancy Waldron, and Lynda Stolzman. Martha Williams, ed. Consumer Control in Independent Living. Available from: Center for Resource Management, 2 Highland Road, South Hampton, NH 03847; (603) 394-7040 (v/TTY), 394-7483 (fax). Smith, Quentin, Lex Frieden, and Laurel Richards. "Independent Living." Encyclopedia of Disability and Rehabilitation. New York: Macmillan, Inc., (in press, 1994). Smith, Quentin, Laura W. Smith, Kym King, Lex Frieden, and Laurel Richards. Health Care Reform, Independent Living, and People With Disabilities. Issues in Independent Living No. 11. Houston: ILRU Program, 1993. United States Department of Education. Comprehensive Evaluation of the Title VII, Part B of the Rehabilitation Act of 1973, as Amended, Centers for Independent Living Program. January 1986. Available through clearinghouses (see below). Willig, Chava Levy. A People's History of Independent Living. 1988. Available from the Research and Training Center on Independent Living, 4089 Dole Building, University of Kansas 66045; (913) 864-4095 (v/TTY). In a special edition on independent living in American Rehabilitation 20, no. 1 (Spring 1994): Giordiano, Gerard and Bruno J. D'Alonzo. "The Link Between Transition and Independent Living," 2-7. Shreve, Maggie. "The Greater Vision: An Advocate's Reflections on the Rehabilitation Act Amendments of 1992," 8-13. Smith, Laura W., Quentin W. Smith, Laurel Richards, Lex Frieden, and Kym King. "Independent Living Centers: Moving Into the 21st Century," 14-22. Chappell, John A., Jr. "The Whole is Greater Than the Sum of its Parts," 23-29. Moore, J. Elton and Barry C. Stephens. "Independent Living Services for Older Individuals Who are Blind: Issues and Practices," 30-34. Montagano, Tim. "Bringing the Rehabilitation Family Together: An IL-VR Partnership," 35- 36. Lougheed, Val, Bev Hunter, and Susan Wilson. "Partners for Independence: A Team Approach to Community-Based Rehabilitation," 37-38. Baker, David. "Independent Living in Communities: The Role of the Independence Fund in Vermont," 39-41. Lachat, Mary Ann. "Using the Power of Management Information System Technology to Support the Goals of Centers for Independent Living," 42-48. In a special issue on independent living in OSERS 6, no. 2 (Winter-Spring 1994): French, Duane. "Independent Living: Driven By Principles of Democracy," 37-38. Kafka, Bob. "Perspectives on Personal Assistance Services," 11-13. Kennedy, Jae, Hale Zukas, and Simi Litvak. "Independent Living and Personal Assistance Services: The Research, Training, and Technical Assistance Programs at the World Institute on Disability," 43-45. Mathews, Mark R. "Learning from the Experts: Best Practices in Rural Independent Living," 23-29. Michaels, Robert E. "Title VII: A Major Step Forward," 8-10. Nelson, John. "Changes in the Rehabilitation Act of 1973 and Federal Regulations," 4-8. Smith, Quentin, Lex Frieden, Laurel Richards, and Laurie Gerken Redd. "Improving Management Effectiveness in Independent Living Centers through Research and Training," 30- 36. Tate, Denise and Julie Daugherty. "The Effects of Insurance Benefits Coverage: Does It Affect Persons with Spinal Cord Injury?" 19-22. Westbrook, John D. "Consumer-Driven Supported Employment: Consolidating Services for People with Significant Disabilities," 14-18. Ziegler, Martha. "How Parent Networks Are Working with Independent Living Centers," 39-42. In a special issue on rural independent living in the Rural Special Education Quarterly 11, no.1 (1992): Clay, Julie Anna. "Native American Independent Living," 41-50. Curl, Rita M., Shanna M. Hall, Linda A. Chisholm, and Sarah Rule. "Co-workers as Trainers for Entry- level Workers: A Competitive Employment Model for Individuals with Disabilities," 31-35. Nosek, Margaret. "The Personal Assistance Dilemma for People with Disabilities Living in Rural Areas," 36-40. Potter, Carol G., Quentin W. Smith, Huong Quan, and Margaret A. Nosek. "Delivering Independent Living Services in Rural Communities: Options and Alternatives," 16-23. Richards, Laurel and Quentin Smith. "Independent Living Centers In Rural Communities," 5- 10. Seekins, Tom, Craig Revesloot, and Bob Maffit. "Extending the Independent Living Center Model to Rural Areas: Expanding Services through State and Local Efforts," 11-15. Smith, Quentin W., Carl E. Fasser, Stacy Wallace, Laurel K. Richards, and Carol G. Potter. "Children with Disabilities in Rural Areas: The Critical Role of the Special Education Teacher in Promoting Independence," 24-30. We Won't Go Away, videocassette. Sells for $20 each, including postage, from the World Institute on Disability, 510 16th Street, Suite 100, Oakland, CA 94612 (510) 763-4100 (v), 208- 9493 (TTY). The Disability Rag. A bi-monthly publication reflecting ideas and discussions in the disability rights movement. Available at $12 for a one-year subscription. Write to: Subscriptions, The Disability Rag, 1962 Roanoke Ave, Louisville, KY 40205 (502) 459-5343 (v/TTY/fax). Most of the readings cited above can be obtained from resource clearinghouses. Several are listed below and can be reached for further information about publications and modem-accessible databases by mail or telephone.  National Clearinghouse of Rehabilitation Training Materials, Oklahoma State University, 816 West Sixth Ave., Stillwater, OK 74078 (800) 223-5219.  National Rehabilitation Information Center (NARIC), 8455 Colesville Road, Suite 935, Silver Spring, MD 20910 (800) 346-2742 (v), 227-0216 (TTY).  ERIC Clearinghouse on Disabilities and Gifted Education (formerly the ERIC Clearinghouse on Handicapped and Gifted Children), 1920 Association Dr., Reston, VA 22091, (800) 328-0272 (v/TTY) at the Council for Exceptional Children, (703) 620-3660, ext. 307 (v). ILRU also offers a number of publications and other materials on various independent living subjects. For a listing of resource materials contact ILRU at 2323 S. Shepherd, Suite 1000, Houston, TX 77019, (713) 520-0232 (v), 520-5136 (TTY). For resource materials and technical assistance on the Americans with Disabilities Act, there are ten regional Disability and Business Technical Assistance Centers (DBTACs). One toll-free number, 1-800-949-4232, will direct your call to a technical assistant in your region. Resource materials are published by the U.S. Department of Justice and many are available free of charge. The Southwest DBTAC in Houston, Texas offers technical assistance and some resource materials in Spanish as well as English. Revised 6/95 Developed by the IL NETWORK: NCIL/ILRU National Training and Technical Assistance Project. Requests for technical assistance on this and other independent living subjects may be directed to the IL NETWORK Project, c/o ILRU at (713) 520-0232 (v), 520-5136 (TTY), 520-5785 (Fax), or NCIL at (703) 525-3406 (v), 525-3407 (TTY), 525-3409 (Fax). LEARNING OBJECTIVES  What is in the Rehab Act . . . and how independent living fits in.  Who's supposed to be on the SILC (and why).  What SILCs are supposed to do.  How SILCs, CILs, and the DSU can work together.  What works around the country and . . .  . . . how to pay for it.  How not to be a pain in the neck and still get your job done. OVERHEADS: HISTORY AND PHILOSOPHY OF INDEPENDENT LIVING Independent living is not doing things by yourself, it is being in control of how things are done. ILRU, Judy Heumann Independent living is the conscious choice that individuals make to be responsible for managing significant issues in their lives. June Isaacson Kailes They soon found that they could get services needed and still not be accepted by society. They knew they needed to change the community's attitudes and reactions, including the service systems governed by those attitudes. June Isaacson Kailes The Chart--Disability Rights/Culture Pride Paradigm by Steven Brown. To obtain a copy, contact the Institute on Disability Culture, 2260 Sunrise Point Road, Las Cruces, NM 88011, (505) 522-5225. An orientation to independent living philosophy and practice is not something you just hear and experience once. It is something we in the movement keep reviewing, discussing and refining to enhance and deepen our levels of understanding and practice. June Isaacson Kailes The disability community must become more galvanized. We're not a group needing services, we're a constituency demanding our rights. Marca Bristo HISTORY OF INDEPENDENT LIVING by Gina McDonald and Mike Oxford This account of the history of independent living stems from a philosophy which states that people with disabilities should have the same civil rights, options, and control over choices in their own lives as do people without disabilities. The history of independent living is closely tied to the civil rights struggles of the 1950s and 1960s among African Americans. Basic issues--disgraceful treatment based on bigotry and erroneous stereotypes in housing, education, transportation, and employment--and the strategies and tactics are very similar. This history and its driving philosophy also have much in common with other political and social movements of the country in the late 1960s and early 1970s. There were at least five movements that influenced the disability rights movement. Social Movements The first social movement was deinstitutionalization, an attempt to move people, primarily those with developmental disabilities, out of institutions and back into their home communities. This movement was led by providers and parents of people with developmental disabilities and was based on the principle of "normalization" developed by Wolf Wolfensberger, a sociologist from Canada. His theory was that people with developmental disabilities should live in the most "normal" setting possible if they were to expected to behave "normally." Other changes occurred in nursing homes where young people with many types of disabilities were warehoused for lack of "better" alternatives (Wolfensberger, 1972). The next movement to influence disability rights was the civil rights movement. Although people with disabilities were not included as a protected class under the Civil Rights Act, it was a reality that people could achieve rights, at least in law, as a class. Watching the courage of Rosa Parks as she defiantly rode in the front of a public bus, people with disabilities realized the more immediate challenge of even getting on the bus. The "self-help" movement, which really began in the 1950s with the founding of Alcoholics Anonymous, came into its own in the 1970s. Many self-help books were published and support groups flourished. Self-help and peer support are recognized as key points in independent living philosophy. According to this tenet, people with similar disabilities are believed to be more likely to assist and to understand each other than individuals who do not share experience with similar disability. Demedicalization was a movement that began to look at more holistic approaches to health care. There was a move toward "demystification" of the medical community. Thus, another cornerstone of independent living philosophy became the shift away from the authoritarian medical model to a paradigm of individual empowerment and responsibility for defining and meeting one's own needs. Consumerism, the last movement to be described here, was one in which consumers began to question product reliability and price. Ralph Nader was the most outspoken advocate for this movement, and his staff and followers came to be known as "Nader's Raiders." Perhaps most fundamental to independent living philosophy today is the idea of control by consumers of goods and services over the choices and options available to them. The independent living paradigm, developed by Gerben DeJong in the late 1970s (DeJong, 1979), proposed a shift from the medical model to the independent living model. As with the movements described above, this theory located problems or "deficiencies" in the society, not the individual. People with disabilities no longer saw themselves as broken or sick, certainly not in need of repair. Issues such as social and attitudinal barriers were the real problems facing people with disabilities. The answers were to be found in changing and "fixing" society, not people with disabilities. Most important, decisions must be made by the individual, not by the medical or rehabilitation professional. Using these principles, people began to view themselves as powerful and self-directed as opposed to passive victims, objects of charity, cripples, or not-whole. Disability began to be seen as a natural, not uncommon, experience in life; not a tragedy. Independent Living Ed Roberts is considered to be the "father of independent living." Ed became disabled at the age of fourteen as a result of polio. After a period of denial in which he almost starved himself to death, Ed returned to school and received his high school diploma. He then wanted to go to college. The California Department of Rehabilitation initially rejected Ed's application for financial assistance because it was decided that he was "too disabled to work." He went public with his fight and within one week of doing so, was approved for financial aid by the state. Fifteen years after Ed's initial rejection by the State of California as an individual who was "too" disabled, he became head of the California Department of Rehabilitation--the agency that had once written him off. After Ed earned his associate's degree at the College of San Mateo, he applied for admission to the University of California at Berkeley. After initial resistance on the part of the university, Ed was accepted. The university let him use the campus hospital as his dormitory because there was no accessible student housing (none of the residential buildings could support the weight of Ed's 800-lb. iron lung). He received attendant services through a state program called "Aid to the Totally Disabled." This is a very important note because this was consumer-controlled personal assistance service. The attendants were hired, trained, and fired by Ed. In 1970, Ed and other students with disabilities founded a disabled students' program on the Berkeley campus. His group was called the "Rolling Quads." Upon graduation, the "Quads" set their sights on the need for access beyond the University's walls. Ed contacted Judy Heumann, another disability activist, in New York. He encouraged her to come to California and along with other advocates, they started the first center for independent living in Berkeley. Although it started out as a "modest" apartment, it became the model for every such center in the country today. This new program rejected the medical model and focused on consumerism, peer support, advocacy for change, and independent living skills training. In 1983, Ed, Judy, and Joan Leon, co-founded the World Institute on Disability (WID), an advocacy and research center promoting the rights of people with disabilities around the world. Ed Roberts died unexpectedly on March 14, 1995. The early 1970s was a time of awakening for the disability rights movement in a related, but different way. As Ed Roberts and others were fighting for the rights of people with disabilities presumed to be forever "homebound" and were working to assure that participation in society, in school, in work, and at play was a realistic, proper, and achievable goal, others were coming to see how destructive and wrong the systematic institutionalization of people with disabilities could be. Inhuman and degrading treatment of people in state hospitals, schools and other residential institutions such as nursing facilities were coming to light and the financial and social costs were beginning to be considered unacceptable. This awakening within the independent living movement was exemplified by another leading disability rights activist, Wade Blank. ADAPT Wade Blank began his lifelong struggle in civil rights activism with Dr. Martin Luther King, Jr. to Selma, Alabama. It was during this period that he learned about the stark oppression which occurred against people considered to be outside the "mainstream" of our "civilized" society. By 1971, Wade was working in a nursing facility, Heritage House, trying to improve the quality of life of some of the younger residents. These efforts, including taking some of the residents to a Grateful Dead concert, ultimately failed. Institutional services and living arrangements were at odds with the pursuit of personal liberties and life with dignity. In 1974, Wade founded the Atlantis Community, a model for community-based, consumer- controlled, independent living. The Atlantis Community provided personal assistance services primarily under the control of the consumer within a community setting. The first consumers of the Atlantis Community were some of the young residents "freed" from Heritage House by Wade (after he had been fired). Initially, Wade provided personal assistance services to nine people by himself for no pay so that these individuals could integrate into society and live lives of liberty and dignity. In 1978, Wade and Atlantis realized that access to public transportation was a necessity if people with disabilities were to live independently in the community. This was the year that American Disabled for Accessible Public Transit (ADAPT) was founded. On July 5-6, 1978, Wade and nineteen disabled activists held a public transit bus "hostage" on the corner of Broadway and Colfax in Denver, Colorado. ADAPT eventually mushroomed into the nation's first grassroots, disability rights, activist organization. In the spring of 1990, the Secretary of Transportation, Sam Skinner, finally issued regulations mandating lifts on buses. These regulations implemented a law passed in 1970-the Urban Mass Transit Act-which required lifts on new buses. The transit industry had successfully blocked implementation of this part of the law for twenty years, until ADAPT changed their minds and the minds of the nation. In 1990, after passage of the Americans With Disabilities Act (ADA), ADAPT shifted its vision toward a national system of community-based personal assistance services and the end of the apartheid-type system of segregating people with disabilities by imprisoning them in institutions against their will. The acronym ADAPT became "American Disabled for Attendant Programs Today." The fight for a national policy of attendant services and the end of institutionalization continues to this day. Wade Blank died on February 15, 1993, while unsuccessfully attempting to rescue his son from drowning in the ocean. Wade and Ed Roberts live on in many hearts and in the continuing struggle for the rights of people with disabilities. These lives of these two leaders in the disability rights movement, Ed Roberts and Wade Blank, provide poignant examples of the modern history, philosophy, and evolution of independent living in the United States. To complete this rough sketch of the history of independent living, a look must be taken at the various pieces of legislation concerning the rights of people with disabilities, with a particular emphasis on the original "bible" of civil rights for people with disabilities, the Rehabilitation Act of 1973. Civil Rights Laws Before turning to the Rehabilitation Act, a chronological listing and brief description of important federal civil rights laws affecting people with disabilities is in order. 1964--Civil Rights Act: prohibits discrimination on the basis of race, religion, ethnicity, national origin, and creed; later, gender was added as a protected class. 1968--Architectural Barriers Act: prohibits architectural barriers in all federally owned or leased buildings. 1970--Urban Mass Transit Act: requires that all new mass transit vehicles be equipped with wheelchair lifts. As mentioned earlier, it was twenty years, primarily because of machinations of the American Public Transit Association (APTA), before the part of the law requiring wheelchair lifts was implemented. 1973--Rehabilitation Act: particularly Title V, Sections 501, 503, and 504, prohibits discrimination in federal programs and services and all other programs or services receiving federal funding. 1975--Developmental Disabilities Bill of Rights Act: among other things, establishes Protection and Advocacy services (P & A). 1975--Education of All Handicapped Children Act (PL 94-142): requires free, appropriate public education in the least restrictive environment possible for children with disabilities. This law is now called the Individuals with Disabilities Education Act (IDEA). 1978--Amendments to the Rehabilitation Act: provides for consumer-controlled centers for independent living. 1983--Amendments to the Rehabilitation Act: provides for the Client Assistance Program (CAP), an advocacy program for consumers of rehabilitation and independent living services. 1985--Mental Illness Bill of Rights Act: requires protection and advocacy services (P & A) for people with mental illness. 1988--Civil Rights Restoration Act: counteracts bad case law by clarifying Congress' original intention that under the Rehabilitation Act, discrimination in ANY program or service that is a part of an entity receiving federal funding--not just the part which actually and directly receives the funding--is illegal. 1988--Air Carrier Access Act: prohibits discrimination on the basis of disability in air travel and provides for equal access to air transportation services. 1988--Fair Housing Amendments Act: prohibits discrimination in housing against people with disabilities and families with children. Also provides for architectural accessibility of certain new housing units, renovation of existing units, and accessibility modifications at the renter's expense. 1990--Americans with Disabilities Act: provides comprehensive civil rights protection for people with disabilities; closely modeled after the Civil Rights Act and the Section 504 of Title V of the Rehabilitation Act and its regulations. The modern history of civil rights for people with disabilities is three decades old. A key piece of this decades-long process is the story of how the Rehabilitation Act of 1973 was finally passed and then implemented. It is the story of the first organized disability rights protest. The Rehabilitation Act of 1973 In 1972, Congress passed a rehabilitation bill that independent living activists cheered. President Richard Nixon's veto prevented this bill from becoming law. During the era of political activity at the end of the Vietnam War, Nixon's veto was not taken lying down by disability activists who launched fierce protests across the country. In New York City, early leader for disability rights, Judy Heumann, staged a sit-in on Madison Avenue with eighty other activists. Traffic was stopped. After a flood of angry letters and protests, in September 1973, Congress overrode Nixon's veto and the Rehabilitation Act of 1973 finally became law. Passage of this pivotal law was the beginning of the ongoing fight for implementation and revision of the law according to the vision of independent living advocates and disability rights activists. Key language in the Rehabilitation Act, found in Section 504 of Title V, states that: No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Advocates realized that this new law would need regulations in order to be implemented and enforced. By 1977, Presidents Nixon and Ford had come and gone. Jimmy Carter had become president and had appointed Joseph Califano his Secretary of Health, Education and Welfare (HEW). Califano refused to issue regulations and was given an ultimatum and deadline of April 4, 1977. April 4 went by with no regulations and no word from Califano. On April 5, demonstrations by people with disabilities took place in ten cities across the country. By the end of the day, demonstrations in nine cities were over. In one city--San Francisco--protesters refused to disband. Demonstrators, more than 150 people with disabilities, had taken over the federal office building and refused to leave. They stayed until May 1. Califano had issued regulations by April 28, but the protesters stayed until they had reviewed the regulations and approved of them. The lesson is a fairly simple one. As Martin Luther King said, It is an historical fact that the privileged groups seldom give up their privileges voluntarily. Individuals may see the moral light and voluntarily give up their unjust posture, but, as we are reminded, groups tend to be more immoral than individuals. We know, through painful experience that freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed. Leaders in the Independent Living Movement The history of the independent living movement is not complete without mention of some other leaders who continue to make substantial contributions to the movement and to the rights and empowerment of people with disabilities. Max Starkloff, Charlie Carr, and Marca Bristo founded the National Council on Independent Living (NCIL) in 1983. NCIL is one of the only national organizations that is consumer-controlled and promotes the rights and empowerment of people with disabilities. Justin Dart played a prominent role in the fight for passage of the Americans with Disabilities Act, and is seen by many as the spiritual leader of the movement today. Lex Frieden is co-founder of ILRU Program. As director of the National Council on Disability, he directed preparation of the original ADA legislation and its introduction in Congress. Liz Savage and Pat Wright are considered to be the "mothers of the ADA." They led the consumer fight for the passage of the ADA. There are countless other people who have and continue to make substantial contributions to the independent living movement. REFERENCES DeJong, Gerben. "Independent Living: From Social Movement to Analytic Paradigm," Archives of Physical Medicine and Rehabilitation 60, October 1979. Wolfensberger, Wolf. The Principle of Normalization in Human Services. Toronto: National Institute on Mental Retardation, 1972. INDEPENDENT LIVING AND TRADITIONAL PARADIGMS This chart compares traditional approaches to medical and vocational rehabilitation services with the consumer-driven approach employed by independent living. MEDICAL MODEL & REHABILITATION PARADIGM INDEPENDENT LIVING PARADIGM Definition of problem physical or mental impairment; lack of vocational skill (in the VR system) dependence upon professionals, family members and others; hostile attitudes and environments Locus of problem in the individual (individual needs to be "fixed") in the environment; in the medical and/or rehabilitation process itself Solution to the problem professional intervention; treatment 1. barrier removal 2. advocacy 3. self-help 4. peer role models and counseling 5. consumer control over options and services Social role individual with a disability is a "patient" or "client" individual with a disability is a "consumer" or "user" of services and products Who controls professional "consumer" or "citizen" Desired outcomes maximum self-care (or "ADL"); gainful employment in the VR system independence through control over ACCEPTABLE options for every day living in an integrated community Developed by Gerben DeJong in 1978; adapted/expanded by Maggie Shreve. OVERHEADS: STATEWIDE IL COUNCILS COMPOSITION AND APPOINTMENT  Appointed by the governor or appropriate entity within the state.  Solicit recommendations from organizations: a) representing a broad range of individuals with disabilities, and b) interested in individuals with disabilities. TERMS OF APPOINTMENT  Each member shall serve for a term of three (3) years, except a member appointed to fill a vacancy occurring prior to the expiration of the term.  No member may serve more than two (2) consecutive full terms. SILC QUALIFICATIONS  Statewide representation.  Represent a broad range of individuals with disabilities.  Knowledgeable about CILs and IL services.  Majority of whom are: a) individuals with disabilities, and b) not employed by any state agency or CIL. SILC COMPOSITION  At least one director of a CIL.  As ex officio, nonvoting members: a) a representative of the designated state unit, and b) representatives from other state agencies that provide services for individuals with disabilities. ADDITIONAL SILC MEMBERS  Other representatives from CILs.  Parents and guardians.  Advocates of and for individuals with disabilities.  Representatives from private business.  Representatives from organizations that provide services for individuals with disabilities.  Other appropriate individuals. SILC CHAIRPERSON The council shall select a chairperson from among the membership of the council. SUPERVISION AND EVALUATION Each council shall, consistant with state law, supervise and evaluate such staff and other personnel as may be necessary to carry out the functions of the council under this section. HEARINGS AND FORUMS The council is authorized to hold such hearings and forums as the council may determine to be necessary to carry out the duties of the council. RESOURCE PLANS (There shall be) a plan for the provision of such resources, including such staff and personnel, as may be necessary to carry out the functions of the council. COMPENSATION AND EXPENSES The council may use resources for the following:  Reasonable and necessary expenses (including child care and PAS).  Compensation for each day the member is engaged in performing council duties. FUNDS TO SUPPORT THE SILC  Title VII, Chapter 1.  Title I, Part C.  Other public and private sources.  To the maximum extent possible, rely on the use of resources in existence. SILC DUTIES  Jointly develop and submit the state plan.  Monitor, review and evaluate the implementation of the state plan.  Coordinate activities with the RAC.  Ensure that all regularly scheduled meetings are open to the public.  Submit to the Commissioner periodic reports as may be reasonably requested. "HOW TO IDENTIFY NEEDS..."  Surveys.  Polls.  Community studies.  800-numbers.  E-mail.  Forums.  Focus groups. TITLES OF THE REHABILITATION ACT OF 1973 AS AMENDED TITLE I - VOCATIONAL REHABILITATION SERVICES Part A - General Provisions Part B - Basic Vocational Rehabilitation Services Part C - Innovation and Expansion Grants Part D - American Indian Vocational Rehabilitation Services TITLE II - RESEARCH AND TRAINING TITLE III - TRAINING AND DEMONSTRATION PROJECTS Part A - Training Programs and Community Rehabilitation Programs Part B - Special Projects TITLE IV - NATIONAL COUNCIL ON DISABILITY TITLE V - RIGHTS AND ADVOCACY TITLE VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES Part A - Community Service Employment Pilot Program for Individuals with Disabilities Part B - Projects with Industry Part C - Supported Employment Services for Individuals with Severe Disabilities Part D - Business Opportunities for Individuals with Disabilities TITLE VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING Chapter 1 - Individuals with Severe Disabilities Part A - General Provisions Part B - Services for Independent Living Part C - Centers for Independent Living Chapter 2 - Independent Living Services for Older Individuals Who are Blind TITLE VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS DID YOU KNOW . . . .?  You can influence appointments to the council by working with a staffer in the governor's office who has responsibility for recommending appointments. Training of that person by the SILC can have a positive impact.  The governor should contact groups interested in disability issues prior to making appointments to the SILC.  Jointly, CILs determine who their representative will be on the council.  With regard to centers, board members, volunteers, and consumers may serve in the majority of members who sit on the SILC. Only staff of the CIL must be in the minority.  The only SILC members who cannot vote are state agency representatives.  A CIL director may serve as chair of the SILC if she/he is elected.  Other directors and staff of CILs may sit on the SILC, as long as consumers who are not CIL staff or state agency representatives make up the majority of the members.  The SILC should supervise and evaluate any staff or personnel that carry out the administrative functions of the SILC.  Each member may serve two full terms consecutively. Members may be reappointed after a period of time spent off the council.  The SILC may use a variety of different approaches to gathering information from consumers beyond traditional methods such as hearings and forums. Many SILCs use "800" numbers, group forums, focus groups, conferences, statewide e-mail access, etc.  The SILC may establish itself as a 501(c)3 nonprofit organization. COMPOSITION OF STATEWIDE INDEPENDENT LIVING COUNCILS Rehab Act Citation: Section 705 covers statewide IL councils INTRODUCTION: The 1992 Amendments to the Rehabilitation Act greatly expanded the role and responsibilities of the statewide independent living councils, in effect making them full partners with vocational rehabilitation in the independent living process. Primary among the new responsibilities of the councils is collaborating with the state vocational rehabilitation agency to develop the state independent living plan--including determining distribution of independent living funds provided through Part B of the Rehab Act and monitoring, reviewing, and evaluating implementation of this state plan. These new responsibilities provide councils with very significant authority in statewide independent living program administration--an authority that was lacking prior to passage of the Amendments. Therefore, it is very important that people who are appointed to the councils be not just knowledgeable about but also have a real commitment to disability rights and the independent living philosophy--and their translation into the kinds of service programs and advocacy activities that are genuinely appropriate for independent living centers. COUNCIL MEMBERSHIP: Appointment. Members of the independent living council in each state (or territory) are appointed by the governor. (Exception: In certain states, a specific entity is authorized to make appointments instead of the governor.) The Act requires the governor (or appointing entity) to solicit recommendations from organizations representing a broad range of people with disabilities prior to selecting individuals to serve as members of the council. Composition of the Council. The council membership must include: --an executive director of an independent living center who has been selected by other center directors in the state to fill this role. --a representative from the state vocational rehabilitation agency, who serves in a non-voting ex officio role; representatives from other state agencies providing services to people with disabilities may also be appointed as non-voting ex officio members of the council. Other potential council members include representatives of independent living centers (in addition to the center director selected by his or her peers), parents and guardians of people with disabilities, advocates of and for people with disabilities, representatives from private businesses, representatives from organizations providing services to people with disabilities, and the catch- all, "other appropriate individuals." Consumer Control. It is important to note that the Act requires that the majority of the members of the council be comprised of people with disabilities who are not employed by a state agency or independent living center. Membership Qualifications. Individuals selected to serve as members of the council must be knowledgeable about independent living centers and services and must represent different parts of the state as well as different disability constituencies. PROBLEMS/SOLUTIONS: Because of the expanded role that councils will play in planning and overseeing independent living service delivery in each state, there will likely be a number of organizations that will try to influence appointments to the councils. Also, persons may be appointed to the council who have insufficient understanding of independent living and the role that centers play in delivering independent living services and conducting advocacy activities. It is of critical importance that people involved in independent living centers and associations of centers--those who know best about the independent living philosophy and what it means in terms of service delivery and advocacy--establish a procedure whereby their recommendations can be conveyed effectively to their governors. In addition, many governors may be unaware of the changes in the Act and their responsibilities with regard to appointing people to serve on statewide independent living councils. It is in your best interest as a supporter of independent living centers to alert your state governor and appropriate legislative aides concerning changes in the Act, in your interest to assure appropriate representation on the council, and especially of value to assist the governor in identifying potential council members who meet the criteria spelled out in the Act. We recommend that you do the following: --network with other centers and associations of centers in your state and region concerning appointments to state councils and other activities that centers should be considering to implement the new Act; --contact people with different disabilities to determine their interest in serving on the council; --prepare and send to the governor a list of individuals, along with contact information, that might be considered by him or her in meeting the requirements for representation spelled out in the Act; --offer your assistance in identifying other individuals who might be considered for council membership, should the governor need additional recommendations; --offer the governor your expert assistance with issues of accessibility and accommodation in organizing and convening council meetings that promote optimal involvement of people with disabilities; and --offer assistance in securing additional information about the new Act if the governor has questions or concerns about what he or she is supposed to do (NCIL can assist you with this). Because of the critical role that the statewide independent living councils will play in planning effective delivery of independent living services and assuring full empowerment of people with disabilities, it is of utmost importance that centers take a proactive and assertive role to assure that councils be made up of people who understand the independent living philosophy. For additional information on the Rehab Act, contact the NCIL office in Washington, D.C., at (703) 525-3406, 525-3409 (TTY). WHAT EVERY SILC MEMBER SHOULD KNOW A Self-Administered Test The list below includes basic information that each member of a statewide independent living council should know and understand to be an effective voting member of a statewide planning body. If you are a SILC member and do not know about the issues listed below, you or your SILC may need training to learn and apply this knowledge in your role as a SILC member. Assess your knowledge of the following by marking a "T" for true and an "F" for false. Be tough-minded! _____ 1. The history of independent living related to and including the current Rehabilitation Act Amendments of 1992, particularly Title VII. _____ 2. The history of how centers for independent living developed in the United States. _____ 3. The independent living philosophy--its tenets, principles, values, and how it is practiced. _____ 4. The location, size, name, brief history, and executive director of each center for independent living (CIL) in the state. _____ 5. The designated state unit (state vocational rehabilitation agency or blind agency) through which Title VII funding flows, its director, its staff related to Title VII programs, and how to reach these individuals. _____ 6. The state agencies providing services to persons with disabilities, their missions, general information about what they provide, and their relationships to each other and within state government. _____ 7. The divisions of the U.S. Department of Education related to people with disabilities and the names of the programs administered by Office of Special Education and Rehabilitative Services (OSERS). _____ 8. The state's allocation of funds under Title VII, Part B and how such funds are being spent. _____ 9. The nature and direction of the state's plan for independent living. _____ 10. How the state spends its Social Security Trust Funds, particularly if such funding supports centers for independent living or independent living services within the state. _____ 11. Amount of state funding for centers for independent living and how it is distributed. _____ 12. Any state laws written for creation, definition, or maintenance of centers for independent living. _____ 13. The definition, assurances, standards, and indicators for centers for independent living. _____ 14. The nature and direction of the state's plan for vocational rehabilitation and how it relates to the state independent living plan. _____ 15. The purpose of the state rehabilitation advisory council and its relationship to the statewide independent living council. _____ 16. The roles, responsibilities, and authority of members of the SILC. _____ 17. The communication system established for effective functioning of the SILC. _____ 18. The articles of incorporation (if appropriate), bylaws, or other tools of governance or policy guidance used by the SILC. _____ 19. The individual members of the SILC, what they represent on the SILC, their offices or responsibilities, if any, and contact information on each. _____ 20. The contents of the SILC's resource plan. _____ 21. The budget guiding SILC expenditures, the source(s) of SILC funding, and how such fiscal matters are managed. _____ 22. The staff of the SILC and how they relate to the SILC as a whole as well as to individual members of the SILC. _____ 23. How staff of the SILC are hired, trained, supervised, and evaluated. _____ 24. The nature and funding for any SILC-approved project funded under Title VII, Part B or any other state funding incorporated into the state's independent living plan. _____ 25. The basic concepts, definitions, and provisions of the Americans with Disabilities Act of 1990. QUESTIONS ABOUT SILC GOVERNANCE The following questions were designed to guide statewide independent living council (SILC) members through the decisions they must make about self-governance. Normally, organizations (whether incorporated or not) develop bylaws which spell out how they will govern themselves. Bylaws must be clear enough to handle any potential problems which can occur, but do not need to be so specific that they detail how each and every decision of the group will be handled. Policies and procedures or operating guidelines are usually developed to define and to explain how organizations function day-to-day, week-to-week, and month-to-month. The questions below are to be used solely in deciding governance issues, not policy or operating guideline issues. 1. What is the official name of the organization? What is its abbreviated name or acronym if one is to be used? 2. What is the scope of the organization's efforts? What geographical area does it cover? 3. What is the primary purpose of the organization? What are other purposes of the organization? 4. How are the organization's members selected? [Member may be termed a "member," a "director," a "trustee" or other appropriate, legal language depending upon which type of legal status is being sought.] 5. How few and how many members may compose the governing body? 6. What types of representation(s) or qualification(s) are required among the members? Who may vote as a member and who is defined as ex-officio? 7. How many, or what percentage of the total governing body are designated representatives of centers for independent living? 8. How long may an individual member serve? 9. How may a member be removed? 10. If the organization has a membership in addition to members, what is the criteria for membership? 11. What is the power and authority of the membership, if any? 12. What types of officers are necessary? 13. What are the primary responsibilities of the officers? 14. What types of authority do the officers have? 15. What are the terms of office for an officer? 16. How may an officer be removed? 17. How often are meetings conducted (how few or how many are held within the fiscal year of the organization)? 18. Where are meetings held? 19. How are meetings conducted? 20. What are the penalties for a member who misses meetings? 21. How can special meetings be called and by whom? 22. How can committee or work teams be established? 23. What are the roles and responsibilities of committees or work teams? 24. How can the organization establish an office and hire staff? 25. What is the fiscal year of the organization? 26. How are the organization's finances managed and audited? 27. What kinds of responsibilities or work may be assigned to agents of the organization? 28. How are members, officers, employees or agents of the organization indemnified? 29. How does the organization handle a material conflict of interest? 30. How does the organization handle an ethical or self-dealing issue? 31. What types of communication methods may be used for purposes of conducting the organization's business or taking a vote of its members? 32. How are bylaws amended, revised, deleted, or added? If the organization is a private, nonprofit corporation. . . 1. What articles of incorporation or charter must be developed? 2. What state laws cover private, nonprofit corporations? 3. What types of legal language should be included in bylaws? 4. To whom must articles, charter, or bylaws be submitted and in what form? 5. How much does it cost to become incorporated? If the organization seeks tax exemption under any section of 501(c) of the Internal Revenue Code. 1. Is the purpose of the organization consistent with the relevant section of 501(c) for which approval is sought? For example, if 501(c)(3) is sought, is the purpose educational, scientific, or charitable? 2. How will assets of the corporation be managed? 3. How will assets of the corporation be disposed of in the event the corporation is dissolved? 4. Will the organization be engaged in any partisan political activity or in activities which support or oppose a candidate for public office? 5. Is there any other legal language required of a 501(c) organization which should be included in bylaws? 6. To whom must the application for tax exemption be submitted? 7. How much does it cost to apply for tax exemption? PROTOTYPE JOB DESCRIPTION FOR SILC CHAIR ESSENTIAL DUTIES: 1. Chair all meetings of the statewide independent living council (SILC) or SILC executive committee. 2. Represent the SILC at the direction of the SILC body in supervising SILC staff; attend meetings and activities with individuals, other entities and groups; and speak publicly on the SILC's behalf. 3. Lead planning efforts of the SILC. 4. Sign the state's plan for independent living on behalf of the entire SILC. 5. Oversee and coordinate the work of any and all SILC-designated committees or work teams. 6. Facilitate development of new independent living leaders within the state. AUTHORITY: The chair of the SILC has the authority to act or to execute any activity on behalf of the entire SILC body if such authority is granted to him or her by state laws, the SILC's bylaws, or by specific resolution of the SILC. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Ability to lead. 2. Experience in a CIL or independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 8 hours--SILC telephone calls 8 hours--miscellaneous SILC business 4 hours--reading and preparation for SILC meetings TOTAL 36 hours PROTOTYPE JOB DESCRIPTION FOR SILC VICE-CHAIR ESSENTIAL DUTIES: 1. Chair all meetings of the statewide independent living council (SILC) or SILC executive committee in the absence of the chairperson. 2. Represent the SILC at the direction of the SILC in the absence of the chairperson. 3. Assist chairperson in leading planning efforts of the SILC. 4. Oversee and coordinate the work of any and all SILC-designated committees or work teams delegated by the SILC chairperson. 5. Facilitate development of new independent living leaders within the state. AUTHORITY: The vice-chair of the SILC has the authority to act or to execute any activity on behalf of the entire SILC body if such authority is granted to him or her by state laws, the SILC's bylaws, or by specific resolution of the SILC. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Ability to lead. 2. Experience in a CIL or independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 4 hours--SILC telephone calls 4 hours--miscellaneous SILC business 4 hours--reading and preparation for SILC meetings TOTAL 28 hours PROTOTYPE JOB DESCRIPTION FOR SILC SECRETARY ESSENTIAL DUTIES: 1. Record minutes of public meetings of the statewide independent living council (SILC) and SILC executive committee. 2. Represent the SILC at the direction of the SILC body as designated by the chair. 3. Assist the chair with planning efforts of the SILC. 4. Facilitate development of new independent living leaders within the state. AUTHORITY: The secretary has authority to notarize, sign, or attest to any document prepared for and approved by the entire SILC body. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Ability to take meeting minutes. 2. Experience with independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 4 hours--SILC telephone calls 4 hours--reading and preparation for SILC meetings 8 hours--preparation, editing, and distribution of meeting minutes TOTAL 32 hours PROTOTYPE JOB DESCRIPTION FOR SILC TREASURER ESSENTIAL DUTIES: 1. Oversee fiscal management and reporting of funds distributed to and by the statewide independent living council (SILC). 2. Report current fiscal status of SILC and of Title VII, Part B funds at regularly scheduled or special meetings of the SILC. 3. Work with designated state unit staff on budget development for the approved state plan for independent living. 4. Develop SILC budget for implementation of SILC resource plan. 5. Facilitate development of new independent living leaders within the state. AUTHORITY: The treasurer has authority to develop a budget for the SILC in conjunction with any SILC staff. Such budget must be approved by the entire SILC. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Knowledge of budgets and finance. 2. Experience with independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 4 hours--SILC telephone calls 8 hours--reading and preparation for SILC meetings 8 hours--preparation of treasurer's report TOTAL 36 hours PROTOTYPE JOB DESCRIPTION FOR SILC MEMBER ESSENTIAL DUTIES: 1. Participate actively in statewide independent living council (SILC) meetings and activities. 2. Work actively on at least one committee or work team of the SILC. 3. Facilitate development of new independent living leaders within the state. AUTHORITY: A SILC member has no authority except that granted to him or her by the entire SILC body through specific resolution. VALUES DESIRED: 1. Commitment to the issue of "consumer control," meaning that people with disabilities should have control over their lives and decision-making. 2. Belief in principles of equal access and equal opportunity. 3. Commitment to full integration of people with disabilities into all aspects of society. 4. Possession of honesty, integrity, and respect for the values of others. 5. Possession of strong personal code of ethics, including maintaining confidentiality, avoiding conflict of interest, and avoiding self-dealing. QUALIFICATIONS: 1. Knowledge of team work. 2. Experience with independent living. TIME PER MONTH (excluding travel time): 16 hours--SILC meetings 4 hours--SILC telephone calls 4 hours--reading and preparation for SILC meetings TOTAL 24 hours SILC COMPOSITION COMPLIANCE SELF-ASSESSMENT CHECKLIST The Rehabilitation Act Amendments of 1992 require the governor (or the appropriate entity within the state responsible for making appointments) to appoint SILC members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities. The following is a checklist which can be used for determining the extent to which SILC membership is in compliance with the amended Act. SILC Voting Membership Composition Y E S N O 1. Is there at least one director of a center for independent living chosen by the directors of centers for independent living within the state? 2. Are there other representatives from centers for independent living? 3. Are there parents and guardians of individuals with disabilities? 4. Are there advocates of and for individuals with disabilities? 5. Are there representatives from private businesses? 6. Are there representatives from organizations that provide services for individuals with disabilities? 7. Are there other appropriate individuals? How are they appropriate to the function and purpose of the SILC? SILC Non-Voting Composition Y E S N O 1. Is there a representative from the designated state unit? Who? 2. Are there representatives from other state agencies that provide services for individuals with disabilities? Who and what agencies do they represent? Name Agency _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ SILC PROFILE ANALYSIS To comply with section 705 of the Rehab Act, every statewide independent living council (SILC) must be consumer controlled. Use the grid below and the fact sheet on SILC composition to determine whether or not 51 percent of your voting members are persons with disabilities. Enter the names of up to 12 SILC members in the numbered boxes at the top of the grid. You may need to use more than one chart. Enter data relevant to each member by placing a check mark in the appropriate grid box. The completed grid will give you an overall profile of the composition of your council. In determining if a majority of the council's members consist of people with disabilities, remember that individuals with disabilities who are employed by state agencies or centers may not be included among the count of people with disabilities. Total the number of checks in each row. Then, subtracting state agency and independent living center employees, total the rest of the members with disabilities. This number should be at least 51 percent of all members. SILC Members 1 2 3 4 5 6 7 8 9 10 11 12 TOTALS SILC criteria: CIL director (selected by CILs) (voting member) CIL employee (voting member) CIL representative who is not an employee of CIL (voting member) Parent or guardian (voting member) Advocate (voting member) Business representative (voting member) Service provider (voting member) Other: þ Employee of a state agency which does not provide services to individuals with disabilities (voting member) þ Designated state unit representative (nonvoting member) Employee of a state agency (other than DSU) which provides services to people with disabilities (nonvoting member) þ þ Area of state represented þ___________________________ þ___________________________ þ___________________________ þ___________________________ Disability type _____________________________ _____________________________ _____________________________ _____________________________ Knows CILs and IL services: (e.g., worked in a CIL) Term of appointment: (e.g., expires 1994) ____________________________ ____________________________ ____________________________ Revised 5/95 _________________________ Developed by the IL NETWORK: NCIL/ILRU National Training and Technical Assistance Project. Requests for technical assistance on this and other independent living subjects may be directed to the IL NETWORK Project, c/o ILRU at (713) 520-0232 (voice), 520-5136 (TTY), 520-5785 (FAX), or NCIL at (703) 525-3406 (voice), 525-3407 (TTY), 525-3409 (FAX). STATE PLAN for INDEPENDENT LIVING SERVICES and CENTERS FOR INDEPENDENT LIVING FISCAL YEAR 1995 CONTENTS Section 1: Purpose of the State Plan 1.2 Participation in the programs Section 2: Legal Basis and State Certification Section 3: Plan Submittal 3.1 Frequency of submittal 3.2 State plan development 3.3 Public hearings 3.4 Opportunity for review and comment under state review process Section 4: Statewide Independent Living Council 4.1 Composition of the SILC 4.2 Placement of the SILC 4.3 Plan for provision of resources to the SILC Section 5: Designation and Responsibilities of the State Unit(s) 5.1 Designation 5.2 Designated state unit responsibilities 5.3 Methods of administration Section 6: Staff and Staff Development 6.1 Personnel administration 6.2 Personnel development 6.3 Affirmative action 6.4 Nondiscrimination Section 7: Financial Administration 7.1 General provisions 7.2 Source of state funds 7.3 Financial recordkeeping 7.4 Access to financial records 7.5 Financial reports Section 8: State Administration of Part C Program 8.1 Funds earmarked to support CILs 8.2 State applies to administer Part C funds 8.3 State administers funds in compliance with 723 8.4 Policies, practices, and procedures for award of grants Section 9: Objectives 9.1 Objectives 9.2 Consideration of CIL workplans 9.3 Timelines for achievement of objectives 9.3 Consistency of objectives with purposes of Section 1 Section 10: Information on Use of Part B, Chapter 1 Funds 10.1 Use of 711 funds in support of 713 purposes 10.2 Explanation of how 713 activities further objectives in Section 9.1 Section 11: Outreach Section 12: Extent and Scope of Independent Living Services Section 13: Eligibility and Independent Living Plans 13.1 Eligibility for receipt of services 13.2 Consumer service record 13.2 Independent living plans 13.3 Notice about CAP Section 14: Statewide Network of Centers for Independent Living 14.1 Network design 14.2 Identification of unserved and underserved areas and priorities Section 15: Cooperation, Coordination, Communication Section 16: Evaluation Plan ATTACHMENTS Attachment 4 Plan for the Provision of Resources to the SILC (Resource Plan) Attachment 8 Policies, Practices and Procedures for Award of Grants Under Section 723 Attachment 9 State Plan for Independent Living Objectives (SPIL) Attachment 10 Part B, Chapter 1 Activities Attachment 11 Outreach Attachment 12 Extent and Scope of IL Services Attachment 13 Consumer Service Records Attachment 14 Design for a Network of CILs Attachment 15 Working Relationships Attachment 16 Evaluation Plan DEVELOPMENT OF STATE PLANS FOR INDEPENDENT LIVING Introduction to a Single State Plan Under the newly reauthorized Rehabilitation Act Amendments of 1992, the state plan for independent living is jointly developed by the statewide independent living council (SILC) and the designated state unit. The designated state unit is the same state agency, usually your general vocational rehabilitation agency, that is the "designated state unit" for Title I or basic vocational rehabilitation services. This means that the SILC--as an autonomous, independent body representing people with significant disabilities across the entire state and the interests of centers for independent living and others--must organize itself to become a planning body and to work effectively with the state's vocational rehabilitation agency and, if you have one, blind services agency as well. There is only one state plan for independent living. This is different from Title I where the Rehabilitation Services Administration (RSA) has allowed two state plans--one for the general VR agency and another for the blind services agency. Since there is only one state plan, the SILC and the VR and blind services agencies must all agree on the contents and budget of that plan. Purpose of the Plan The purpose of the state plan is to describe how Title VII, Part B funding will be used within the state to develop and to maintain a state independent living program (SILP). The state's independent living program must include a description of the state's network of centers for independent living and how this network relates to other elements of the plan for Title VII, Part B funds. Authorized Uses of Title VII, Part B Funds Title VII, Part B funds may be used:  to support the operations of the SILC;  to provide independent living services to individuals with severe disabilities;  to demonstrate ways to expand and improve independent living services;  to support the operations of CILs;  to support activities to increase the capacities of groups to develop comprehensive approaches or systems for providing independent living services;  to conduct studies and analyses, gather information, develop model policies and procedures, etc., presenting information, strategies and recommendations to federal, state or local policy makers to enhance independent living;  to train individuals with disabilities and organizations on the independent living philosophy; and  to provide outreach to unserved, underserved, minority groups, and urban and rural populations. A specific format for the state plan is provided by RSA to the chair of the statewide independent living council and to directors of state vocational rehabilitation and blind service agencies. The SILC and state agencies must develop the state plan and submit it, along with any required information on RSA's "pre-print" plan form by a certain date. The next major deadline for state plan submission to RSA is July 1, 1994. The first jointly developed three-year state plan for independent living is due on that date. Copies of state plan pre-print forms can be obtained from RSA's regional offices or central office. Contact John Nelson, Chief, Independent Living Branch, RSA, 400 Maryland Avenue S.W., Washington, D.C. 20202, 202/205-9362 (voice) for more information. Also, copies of the Rehab Act and state plan pre-print forms are available for downloading on the DIMENET computer network (508) 880-5412 in the "Files" section. State Plan Requirements The federal government gives each state a certain amount of funding under Title VII, Part B based upon percentage of population. RSA, through the Rehabilitation Act Amendments statute or law, develops parameters for how each state may spend this money. Determination of how the Title VII, Part B funds will be spent in each state will be made jointly by the SILC, VR agency, and blind services agency (if one exists in the state). It is extremely important that SILCs be thoroughly knowledgeable about the process of Title VII, Part B funding, the requirements of the state plan, and the state's status and progress toward a network of centers for independent living in order to be effective planners of Part B funding. The specific requirements of the state plan include:  specific objectives and timelines;  an explanation of how objectives are consistent with and further the purpose of Title VII;  a description of how Title VII services are coordinated with or complement other federally or state funded services to people with disabilities;  a description of how federal and state funding for CILs and independent living services will be coordinated;  a description of how outreach to unserved, underserved, minority groups, urban populations, and rural populations will be conducted;  a description of how individuals receiving assistance under Title VII will be notified of the client assistance program (CAP);  a description of affirmative actions that will be taken to employ qualified individuals with disabilities;  a description of fiscal control and accounting procedures that will be used;  a description of how records will be kept if independent living services are to be provided to individuals, especially amount and disposition of funds to an individual recipient, total cost of project, and amount or costs of project funded with other sources;  a description of how public hearings will be held during formulation and review of the plan; and  a description of how the plan's effectiveness will be evaluated, based both on achievement of objectives and extent of satisfaction of individuals with disabilities. As a general rule, the bureaucratic nature of the state/federal program has not been conducive to creativity in the development of state plans in the past. With the advent of SILCs and their real authority in the planning process, individuals with significant disabilities and centers for independent living have an opportunity to develop an innovative statewide vision for the first time since Title VII was written. Conflicts which arise over the development of state plans are usually rooted in a desire to continue doing things the way they have been done versus creating new methods and believing that the entire process is open for debate. We urge you to work with your SILC and your CIL colleagues in your state to develop the best state plan possible. Developed for NCIL's Rehab Act Committee by Maggie Shreve, 1994. TITLE VII, PART B AUTHORIZED USES OF FUNDS The state may use funds received under this part to support the operation of the statewide independent living council, and 1) to provide independent living services to individuals; 2) to demonstrate ways to expand and improve independent living services; 3) to support the operation of CILs; 4) to support activities to increase the capacities . . . for providing independent living services; 5) to conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to federal, state, and local policymakers in order to enhance independent living services; 6) to train . . . regarding the independent living philosophy; and 7) to provide outreach to populations that are unserved or underserved by programs under this Title. AUTHORIZED USES OF TITLE VII, PART B Introduction and History of Changes to Title VII, Part B The National Council on Independent Living (NCIL) was tremendously successful in advocating for major changes to the Rehabilitation Act when it was amended in 1992. One of the most significant changes was to the concept of statewide independent living programs. A brief history of the original Title VII with a look at the new Title VII in this regard might be helpful. In 1978, the Rehabilitation Act was amended to include a new title, Title VII, a program of comprehensive independent living services. There were few people involved in the drafting of this important legislation and all were true pioneers in the movement for independent living. There was not, however, a great deal of experience or knowledge about how to initiate a national program which would be focused on centers for independent living. The first Title VII statute followed the same basic development premise which had begun rehabilitation facilities years ago. The plan was somewhat as follows:  Fund Title VII, Part B through a discretionary (i.e., competitive) grant process to establish centers for independent living. The first eligible applicants for these funds were state vocational rehabilitation or blind service agencies. If a state agency did not apply, then a private, nonprofit organization could. The goal was to establish these new entities through grants of three years in length, and then to eliminate those grants as fee-for- service funding sufficient to support each center(s) became available.  Part A funds were envisioned as ongoing support of centers through purchase of service agreements with state vocational rehabilitation and blind service agencies. Title VII, Part A looked much like the basic vocational rehabilitation program funded under Title I with the exception that "eligibility" for service was based on the presence of a disability so severe that the individual could not benefit from vocational rehabilitation services under Title I. A parallel system of service delivery, usually through state agencies entirely, emerged where people who were not determined eligible for vocational rehabilitation services could be referred to and served by the Title VII, Part A program--if it were feasible that the individual could live independently.  As Title VII, Part A funds supported the centers for independent living through fees-for- services, Title VII, Part B monies would be recycled to start new centers and so forth. The existing rehabilitation system fully expected funding under Title VII, Part A to increase dramatically--just like the Title I program--while the Part B program could remain small and discretionary.  Once Part A funding reached substantial levels, it would become a "formula funding" program, meaning that each state would get its fair share of the total dollars available based upon its population. Those of you who were involved with centers in 1983 when Part A funding first became available may remember the debates and sometimes bitter fights we had with our state agencies over those funds. It became clear to many of us that while some state agencies operated innovative Part A programs, others had no intention of funding centers with Part A. Rather, they used Part A funding to staff their own operations, to purchase services for people denied eligibility under Title I through existing rehabilitation facilities, or, if they did contract with centers, they required the same laborious, bureaucratic process for the delivery of service-- including a determination of eligibility based upon a medical examination, development of an "individual written independent living rehabilitation plan" (IWILRP) and the signature of a state agency counselor approving the IWILRP. Some realized that this configuration for development would not work in 1981--many more of us saw these systemic problems most clearly after funding of Part A began in 1983. So, NCIL advocated for major changes to the Rehabilitation Act as long ago as 1985. Although NCIL's success was limited in its early history as an organization, it exerted substantial influence in 1992. NCIL recommended entire elimination of Part A, moving the services there into Title I and expanding the definition of who could be served under Title I. NCIL also recommended direct funding for all CILs under Title VII, Part C--a recommendation which was partially followed. The U.S. Congress could not agree to such a massive reform of the Act as NCIL was suggesting, but did agree to give more power and control over the old Part A dollars to the states themselves, through the mandate of a consumer-controlled statewide independent living council (SILC) and the joint development of a state plan, detailing the state's independent living program. Congress also instituted direct funding for independent living centers in states where the state was not supporting center operations at an amount equal or greater than that contributed by the federal government. The premise behind these changes was to get state agencies, individuals with significant disabilities, and centers to agree on what constituted a statewide independent living program. The Old "Part A" Becomes the New "Part B" The new Title VII begins with an introductory Part A which has no appropriations attached to it; rather it emphasizes independent living philosophy, principles, and definitions. The new Part B is a totally rewritten and redesigned statute. It still focuses, however, on independent living services, and its funds may be distributed to:  support the operations of the SILC;  provide independent living services to individuals with severe disabilities;  demonstrate ways to expand and improve independent living services;  support the operations of CILs;  support activities to increase the capacities of groups to develop comprehensive approaches or systems for providing independent living services;  conduct studies and analyses, gather information, develop model policies and procedures, etc., present information, strategies and recommendations to federal, state, or local policymakers to enhance independent living;  train individuals with disabilities and organizations on the independent living philosophy; and  provide outreach to unserved, underserved, minority groups, and urban and rural populations. The U. S. Congress borrowed ideas from the developmental disabilities planning council model in the Developmental Disabilities Bill of Rights Act to create new, powerful statewide independent living councils (SILCs). It gives SILCs responsibility for developing and monitoring the state plan for independent living and for making decisions about how Title VII, Part B money will be spent within the state. The SILCs must work with centers, which have representation as voting members on the SILC itself, and with state vocational rehabilitation and blind service agencies. As SILCs organize themselves into autonomous, independent planning bodies, they may draw upon these eight authorized uses of Title VII, Part B funds to make decisions about what is best for their state. In addition to Title VII, Part B funds, SILCs may secure operating funds for their staff, offices, and other expenses from Title I, Part C (Innovation and Expansion Grant Program) or Social Security Trust Fund dollars. These funds may be secured through the state's plan for vocational rehabilitation which is developed by the state agencies with the input and advice of a statewide rehabilitation advisory council. Developed for NCIL's Rehab Act Committee by Maggie Shreve, 1994. STATE IL PLANS--USE OF PART B FUNDS As many of you know, one of the major changes provided by the 1992 amendments to the Rehab Act was the strengthening of the role and responsibilities of the statewide independent living councils. One of the most significant responsibilities of the SILCs is joint development and joint signing (along with the state voc rehab agency) of the state plan for independent living--specifically, determining how to use the Part B funds provided each state through Title VII. The minimum that each state received this year was approximately $283,000; states with larger populations received more. SILCs were required to work with state agencies to develop the plans for the first time last year, and the plans covered a period of one year. This year, the SILCs and agencies were to have developed a three-year plan by July 1. According to John Nelson, however, RSA recognizes the need of many SILCs to become better organized before preparing a three-year plan, so, RSA is requiring states to submit another one-year plan by July 1. If you had $283,000 to spend on independent living in your state, how would you spend it? If you sit on the council, you have options that fall into eight categories: --Support for the council's resource plan. Each SILC is required to prepare a resource plan to meet expenses incurred in carrying out the functions of the council. Funds which may be used to support this resource plan include Part C of Title I as well as Part B of Title VII. These funds may be used to hire staff, rent office space, cover expenses associated with operating an office, reimburse council members for expenses associated with serving on the council, convene public hearings to obtain input regarding the plan, etc. See section 705 (e) and (f) of the Act. Also, this option is summarized in the opening paragraph of section 713, followed by seven numbered options for which Part B funds can also be used. --Provide independent living services to individuals with significant disabilities. This is what we knew under the old Rehab Act as the "Part A" program--the purchase of services for individuals. Note that it is now one option among many. --Demonstrate ways to expand and to improve independent living services. This option illustrates the tremendous latitude given to the SILCs and state agencies in developing plans for using the Part B money. For instance, if it is determined that sharing information and acquiring technical assistance via computer networking is a priority, Part B funds may be used to offset long-distance expenses incurred by centers and SILC members in accessing computer networks, such as DIMENET, the computer network for the independent living field. Or, in states filled with earnest techies, the funds could be used to set up a DIMENET host site in the state. --Support the operation of independent living centers. Part B funds may be used to establish new centers or to supplement funding for existing centers--such centers, of course, must be in compliance with the standards and assurances in section 725 (b) and (c) of the Act. --Support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing IL services. Again, this option provides opportunities for creativity. One state is using a significant portion of its Part B funds to establish and to operate a statewide systems advocacy office. --Conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to federal, state, and local policy makers in order to enhance independent living services for individuals with significant disabilities. Under this option, the plan could support, among many other things, activities to learn how councils are fulfilling their responsibilities in other states and how they are using their Part B funds. --Train individuals with disabilities, individuals providing services to individuals with disabilities, and other persons regarding the independent living philosophy. Obviously, this option could be used to support training workshops on independent living, to hold statewide independent living conferences, and to send council members, agency and center staff, and others to state, regional, and national independent living conferences. --Provide outreach to populations that are unserved or underserved by programs under Title VII, including minority groups and urban and rural populations. Under this option, funds could be used to support efforts by centers to work with people who have traumatic head injuries or people with disabilities who are very old or who are very young; materials could be translated into Spanish or other languages; courses could be provided in sign language interpretation; satellite offices could be established in rural communities or minority neighborhoods; and so on. It should be noted that there are no directions given in the Act on how the Part B funds are to be used. Such decisions are made at the discretion of the statewide independent living council and the state voc rehab agency as they jointly develop the plan for use of Part B funds. A check-and-balance provision is included in the Act: both the SILC and the state agency must sign off on the plan. Thus, if for instance, the council developed a plan which contained provisions that the state agency did not want to accept, the agency could refuse to sign the plan and negotiations would have to continue. And, vice-versa, of course, should the reverse situation ever occur. As you can see, this Part B section of the Act is considerably different from the old Part A program. During the period leading up to reauthorization, this portion of Title VII came under considerable discussion. Some advocates worked very hard to ensure that funds would continue to be available for independent living services to individuals. They believed that in many states, it would be some time before a network of centers was established across the state whereby all people with disabilities could receive independent living services (and not just those living in general proximity to a center). Other advocates believed that the amount of funding was so small and would be expended so quickly on individual services that the better approach would be to use the funds on activities that would have impact on a large number of individuals. The new Part B program represents the compromise position: each state may determine its most pressing needs and is provided tremendous flexibility in how it may address those needs. And, it should be noted that the Act's new requirement that the SILC jointly develop and sign off on the state plan for use of Part B funds is a further demonstration of the extent to which consumer empowerment has been incorporated into the Act. Remember, while state agency representatives sit on the SILC, they are in ex officio, nonvoting roles and the Act requires that a majority of the members of the SILC be people with disabilities. Here's your homework: What is in your state plan? (You may get a copy from the chair of the SILC or from the state voc rehab agency.) How much Part B money does your state receive? (Also available from the SILC or state agency.) Knowing all of the options for using Part B funds, are you satisfied with what is provided in the plan? If you have better ideas for putting those funds to work, contact your council members (a list of whom is also available from above). Since it looks like establishment of a three-year plan will be deferred for a year, you have an opportunity to request public hearings prior to development of the plan, as well as prior to signing off on the plan. A lot of work, but as our colleague Jim Tuscher at Paraquad in St. Louis says, independent living is a do-it-yourself program. You may find it useful to have your own copy of the new Rehab Act and its technical amendments. Call House Documents at (202) 225-3456 and request public law 102-569 and public law 103-73. A version that integrates the technical amendments with the Act is available on DIMENET in the "Files" section, under "Rehab" as rehab93w.zip for a WordPerfect version or rehab93a.zip for an ASCII version. (It is also available in WordPerfect and ASCII in non-zipped versions, but it is a huge document that will take forever to download.) FUNDING UNDER SILC JURISDICTION Some funding sources which fall under the jurisdiction of the statewide independent living council include: I. Title VII, Part B of the Rehabilitation Act of 1973, as Amended (Mandatory) - SERVICES FOR INDEPENDENT LIVING Title VII, Part B funds may be used for up to eight purposes, including support for the operation of the statewide independent living council (SILC). Funds are administered by the designated state agency and minimum allocation per state is $283,800 in fiscal year 1993-94. II. Title VII, Part C of the Rehabilitation Act, as Amended (Mandatory) - CENTERS FOR INDEPENDENT LIVING Title VII, Part C funds must be used to support the operation of independent living centers which meet the standards and assurances set out in the Rehab Act. Funds may be administered by either the federal Rehabilitation Services Administration or the designated state agency. Generally, the entity which earmarks the greatest amount of funds to support the operation of centers for independent living in the state will administer the funds. State agencies must apply for the right to administer the funds. The minimum allocation per state for fiscal year 1994-95 is $412,800. III. Title I, Part C of the Rehabilitation Act of 1973, as Amended - INNOVATION AND EXPANSION 1.5% of the funds allotted for a state's Title I, Part B Vocational Rehabilitation Services program must be reserved for Title I, Part C: Innovation and Expansion Grants. Section 123 identifies 12 possible uses of these funds, and the twelfth is to support the statewide independent living councils established under Section 705. IV. SOCIAL SECURITY REIMBURSEMENT FUNDS States receive reimbursement under the Social Security Act for Rehab Act funds spent to assist individuals in becoming employed. These funds may be used to carry out the programs under Title I (Vocational Rehabilitation Services), Title VI, Part C (Supported Employment Services), and Title VII (Independent Living Services and Centers for Independent Living). V. STATE CENTER FOR INDEPENDENT LIVING FUNDS State CIL funds are allocated by a state to support the operation of centers for independent living. States which receive Title VII, Chapter I funds must place the state-funded centers for independent living under the jurisdiction of the SILC for the purpose of planning the independent living center network. VI. STATE INDEPENDENT LIVING SERVICES FUNDS Other funds may be allocated by a state for the purchase of independent living services and/or support of independent living programs. Funds are generally allocated to the designated state agency. Inclusion in the state plan is not required by the Rehab Act, but may occur at the request of the designated state agency or through negotiations with SILC members. VII. OTHER FUNDING SOURCES A variety of other resources may be used to support Title VII, Chapter 1. These include, but are not limited to, private funds, in-kind contributions, corporate support, and foundation grants. SEQUENCE OF TITLE VII, PART C FUNDING REQUIREMENTS To receive a federal grant under Title VII, Part C, an organization must meet the following requirements: I. Definition of a Center for Independent Living (CIL) A center is a: community-based consumer-controlled cross-disability non-residential private, nonprofit organization II. Fourteen (14) Assurances The eligible agency shall provide at such time and in such manner as the RSA Commissioner may require, such satisfactory assurances as the RSA Commissioner may require, including satisfactory assurances that: (1) the applicant is an eligible agency; (2) the center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a board that is the principal governing body of the center and a majority of which shall be composed of individuals with severe disabilities; (3) the applicant will comply with the standards . . .; (4) the applicant will establish clear priorities through annual and three-year program and financial planning objectives for the center, including overall goals or a mission for the center, a work plan for achieving the goals or mission, specific objectives, service priorities, and types of services to be provided, and a description that shall demonstrate how the proposed activities of the applicant are consistent with the most recent three-year state plan under section 704; (5) the applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with severe disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503; (6) the applicant will ensure that the majority of the staff and individuals in decision-making positions of the applicant are individuals with disabilities; (7) the applicant will practice sound fiscal management, including making arrangements for an annual independent fiscal audit; (8) the applicant will conduct annual self-evaluations, prepare an annual report, and maintain records adequate to measure performance with respect to the standards, containing information regarding, at a minimum (A) the extent to which the center is in compliance with the standards; (B) the number and types of individuals with severe disabilities receiving services through the center; (C) the types of services provided through the center and the number of individuals with severe disabilities receiving each type of service; (D) the sources and amounts of funding for the operation of the center; (E) the number of individuals with severe disabilities who are employed by, and the number who are in management and decision-making positions in, the center; and (F) a comparison, when appropriate, of the activities of the center in prior years with the activities of the center in the most recent year; (9) individuals with severe disabilities who are seeking or receiving services at the center will be notified by the center of the existence of, the availability of, and how to contact, the client assistance program; (10) aggressive outreach regarding services provided through the center will be conducted in an effort to reach populations of individuals with severe disabilities that are unserved or underserved by programs under this title, especially minority groups and urban and rural populations; (11) staff at centers for independent living will receive training on how to serve such unserved and underserved populations, including minority groups and urban and rural populations; (12) the center will submit to the statewide independent living council a copy of its approved grant application and the annual report required under paragraph (8); (13) the center will prepare and submit a report to the designated state unit or the commissioner, as the case may be, at the end of each fiscal year that contains the information described in paragraph (8) and information regarding the extent to which the center is in compliance with the standards . . .; and (14) an independent living plan described in section 704(e) will be developed unless the individual who would receive services under the plan signs a waiver stating that such a plan is unnecessary. III. Seven (7) Standards (1) Philosophy. The center shall promote and practice the independent living philosophy of (A) consumer control of the center regarding decision-making, service delivery, management, and establishment of the policy and direction of the center; (B) self-help and self-advocacy; (C) development of peer relationships and peer role models; and (D) equal access of individuals with severe disabilities to society and to all services, programs, activities, resources, and facilities, whether public or private and regardless of the funding source. (2) Provision of services. The center shall provide services to individuals with a range of severe disabilities. The center shall provide services on a cross-disability basis (for