Virginia Law

A. Regarding both federally and state-funded centers for independent living (CILs), the state plan must include a design for the establishment of a statewide network of centers that comply with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. The design must identify unserved and underserved areas and must provide an order of priority for serving these areas.

B. This subsection is applicable to federally funded CILs. In any state in which the Secretary of the U.S. Department of Education has approved the state plan required by § 704 of the Act, an applicant may receive a grant under subsection C or D of this section, as applicable, if:

1. The applicant demonstrates in its application that it has the power and authority to:

a. Carry out the purpose of Part C of Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act and perform the functions listed in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 within a community located within the state or in a bordering state, including Washington, D.C.;

b. Receive and administer funds under 34 CFR Part 366 Centers for Independent Living Program funds and contributions from private or public sources that may be used in support of a center, and funds from other public and private programs; and

c. Plan, conduct, administer, and evaluate a center consistent with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181.

2. To apply for a grant as a new center, an eligible agency shall meet the requirements of this subdivision, except that the award of a grant to a new center is subject to the order of priorities in subsection B of 22VAC30-30-141. An applicant that meets the requirements of 34 CFR 366.2(a) is eligible to apply as a new center under subsection C or D of this section, as applicable, if it:

a. Is not receiving funds under Part C of Chapter 1 of Title VII of the Act; or

b. Proposes the expansion of an existing center through the establishment of a separate and complete center (except that the governing board of the existing center may serve as the governing board of the new center) at a different geographical location; and

c. Submits an application at the time, in the manner, and containing the information that is required; an assurance that the eligible agency meets the requirements of this section; the assurances required by § 725(c) of the Act and 22VAC30-30-171.

3. Subject to the order of priorities established in 34 CFR 366.22 and 22VAC30-30-141, a grant for a new center may be awarded to the most qualified eligible agency that applies for funds if:

a. No center serves a geographic area of the state (or a geographic area of the state is underserved by centers serving other areas of the state);

b. The eligible agency proposes to serve the geographic area that is unserved or underserved in the state;

c. The increase in the allotment of the state under § 721 of the Act for a fiscal year, as compared with the immediately preceding fiscal year, is sufficient to support an additional center in the state; and

d. The establishment of a new center is consistent with the design included in the state plan for establishing a statewide network of centers. An applicant may satisfy this requirement by submitting appropriate documentation demonstrating that the establishment of a new center is consistent with the design in the state plan.

4. Except for the requirement that the center be a private nonprofit agency, a center that is operated by a state that receives assistance under this section shall comply with all of the requirements of Part C of Title VII of the Act and the requirements in subsection C or D, as applicable, of this section and 22VAC30-30-171. A state that received assistance in fiscal year 1993 to directly operate a center in accordance with § 724(a) of the Act is eligible to continue to receive assistance under this section to directly operate that center for fiscal year 1994 or a succeeding fiscal year if, for the fiscal year for which assistance is sought:

a. No nonprofit private agency submits and obtains approval of an acceptable application under § 722 or 723 of the Act or 34 CFR 366.21 or 366.24 to operate a center for that fiscal year before a date specified by the Secretary of the U.S. Department of Education; or

b. After funding all applications so submitted and approved, the secretary determines that funds remain available to provide that assistance.

5. In accordance with the order of priorities established in 22VAC30-30-141, an existing eligible agency may receive a grant under subsection C or D, as applicable, if the eligible agency demonstrates in its application that it:

a. Meets the requirements in subdivision 2 c of this subsection;

b. Is receiving funds under Part C of Title VII of the Act; and

c. Is in compliance with the program and fiscal standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. (The indicators of minimum compliance in 22VAC30-30-181 are used to determine compliance with the evaluation standards in § 725(b) of the Act.)

C. This subsection is applicable to federally funded CILs. The Secretary of the U.S. Department of Education awards grants to centers in a state in a fiscal year if (i) the amount of federal funds allotted to the state under § 721(c) and (d) of the Act to support the general operation of centers is greater than the amount of state funds earmarked for the same purpose, as determined in response to subdivisions D 1 and 3 of this section, or (ii) the director of a DSU does not submit to the secretary and obtain approval of an application to award grants under § 723 of the Act and subdivision D 4 of this section.

1. In selecting from among applicants for a grant for a new center, the Secretary of the U.S. Department of Education considers comments regarding the application, if any, by the Statewide Independent Living Council in the state in which the applicant is located.

2. The Secretary of the U.S. Department of Education may use funds from the allotment of one state to award a grant to a center located in a bordering state if the secretary determines that the proposal of the out-of-state center to serve individuals with significant disabilities who reside in the bordering state is consistent with the state plan of the state in which these individuals reside. An applicant shall submit documentation demonstrating that the arrangements described in the preceding sentence are consistent with the state plan of the state in which the individuals reside.

D. This subsection is applicable to federally funded CILs. The director of the DSU may award grants under § 723 of the Act and this subsection to centers located within the state or in a bordering state in a fiscal year if (i) the director submits to the Secretary of the U.S. Department of Education and obtains approval of an application to award grants for that fiscal year under § 723 of the Act and subdivision 1 of this subsection; and (ii) the secretary determines that the amount of state funds that were earmarked by the state to support the general operation of centers meeting the requirements of Part C of Chapter 1 (29 USC § 796 et. seq.) of Title VII of the Act in the second fiscal year preceding the fiscal year for which the application is submitted equaled or exceeded the amount of funds allotted to the state under § 721(c) and (d) of the Act for that preceding year. For purposes of this subsection, "director" means the director of the general DSU if the state has both a DSU responsible for providing IL services to the general population and a DSU responsible for providing IL services for individuals who are blind. These DSUs shall periodically consult with each other with respect to the provision of services for individuals who are blind.

1. To be eligible to award grants under this subsection and to carry out § 723 of the Act for a fiscal year, the director of the DSU must submit to the Secretary of the U.S. Department of Education for approval an application at the time and in the manner that the secretary may require and that includes, at a minimum (i) information demonstrating that the amount of funds earmarked by the state for the general operation of centers meets the requirements, and (ii) a summary of the annual performance reports submitted to the director from centers in accordance with 22VAC30-30-171.

a. If the amount of funds earmarked meets the requirements, the secretary approves the application and designates the director to award the grants and carry out § 723 of the Act.

b. If a state submits an application to administer the Centers for Independent Living Program under § 723 of the Act and this subsection for a fiscal year, but did not earmark the amount of state funds required by this subsection in the preceding fiscal year, the state shall be ineligible to make grants under § 723 of the Act and this subsection after the end of the fiscal year succeeding the preceding fiscal year and for each succeeding fiscal year.

c. For purposes of this subsection, "earmarked" means funds appropriated by the state and expressly or clearly identified as state expenditures in the relevant fiscal year for the sole purpose of funding the general operation of centers. The amount of state funds that were earmarked by a state to support the general operation of centers does not include: (i) federal funds used for the general operation of centers; (ii) state funds used to purchase specific services from a center, including state funds used for grants or contracts to procure or purchase personal assistance services or particular types of skills training; (iii) state personal attendant care funds; or (iv) Social Security Administration reimbursement funds.

2. If the secretary designates the director to award grants and carry out § 723 of the Act, the director makes grants to eligible agencies in a state for a fiscal year from the amount of funds allotted to the state under § 721(c) and (d) of the Act.

a. The director may enter into assistance contracts with centers to carry out § 723 of the Act. For purposes of this subsection, an assistance contract is an instrument whose principal purpose is to transfer funds allocated to the state under § 721(c) and (d) of the Act and this subsection, to an eligible agency to carry out § 723 of the Act. Under an assistance contract, the DSU shall assume a role consistent with that of the Secretary of the U.S. Department of Education under § 722 of the Act. If the DSU uses an assistance contract to award funds under § 723 of the Act, the DSU may not add any requirements, terms, or conditions to the assistance contract other than those that would be permitted if the assistance contract were a grant rather than an assistance contract. Under an assistance contract, the role of the DSU is to ensure that the terms of the assistance contract, which are established by Chapter 1 of Title VII of the Act and the implementing regulations in 34 CFR Parts 364 and 366, are satisfied. In the enforcement of any breach of the terms and conditions of an assistance contract, the DSU shall follow the procedures established in 22VAC30-30-211 and 22VAC30-30-220.

b. The director may not enter into procurement contracts with centers to carry out § 723 of the Act. For purposes of this subsection, a procurement contract is an instrument whose principal purpose is to acquire (by purchase, lease, or barter) property or services for the direct benefit or use of the DSU. Under a procurement contract, the DSU prescribes the specific services it intends to procure and the terms and conditions of the procurement.

3. In selecting from among applicants for a grant for a new center, the director and the chairperson of the Statewide Independent Living Council, or other individual designated by the council to act on behalf of and at the direction of the council, shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. The director shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with federal and state law. The peer review committee shall consider the ability of each applicant to operate a center and shall recommend an applicant to receive a grant, based on either the selection criteria in 34 CFR 366.27 or the following:

a. Evidence of the need for a center, consistent with the state plan.

b. Any past performance of the applicant in providing services comparable to IL services.

c. The plan for complying with, or demonstrated success in complying with, the standards and the assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181.

d. The quality of key personnel of the applicant and the involvement of individuals with significant disabilities by the applicant.

e. The budget and cost-effectiveness of the applicant.

f. The evaluation plan of the applicant.

g. The ability of the applicant to carry out the plan for complying with the standards and assurances and the evaluation plan.

4. In a state in which state funding for centers equals or exceeds the amount of funds allotted to the state under Part C of Title VII of the Act, as determined in response to subdivision 1 of this subsection, and in which the state elects to administer the Centers for Independent Living Program as provided in § 723 of the Act, the state plan must include policies, practices, and procedures, including the order of priorities that the state may establish, that are consistent with § 723 of the Act to govern the awarding of grants to centers and the oversight of these centers.

E. This subsection is applicable to federally funded CILs. Entities that have experience in the operation of centers are eligible to apply for grants to provide training and technical assistance under section 721(b) of the Act to eligible agencies, centers, and Statewide Independent Living Councils (councils).

1. From funds, if any, reserved under § 721(b)(1) of the Act, to carry out the purposes of under 34 CFR Part 366, Subpart B, Training and Technical Assistance, the Secretary of the U.S. Department of Education makes grants to, and enters into contracts, cooperative agreements, and other arrangements with, entities that have experience in the operation of centers. An entity receiving assistance in accordance with this subdivision shall provide training and technical assistance to eligible agencies, centers, and councils to plan, develop, conduct, administer, and evaluate centers.

2. To be eligible to receive a grant or enter into a contract or other arrangement under § 721(b) of the Act and subdivision 1 of this subsection, an applicant shall submit an application to the Secretary of the U.S. Department of Education containing a proposal to provide training and technical assistance to eligible agencies, centers, and councils and any additional information at the time and in the manner that the secretary may require. The secretary provides for peer review of grant applications by panels that include persons who are not federal government employees and who have experience in the operation of centers.

3. In making awards, the secretary determines funding priorities in accordance with the training and technical assistance needs identified by the survey of councils and centers required by § 721(b)(3) of the Act.

F. This subsection is applicable to both federally and state-funded CILs. Any currently existing center in Virginia that meets the definition in 22VAC30-30-10 is eligible to apply for a grant from the department to operate the center.

1. The applicant demonstrates in its application that it has the power and authority to:

a. Carry out the purpose of Part C of Title VII of the Act and perform the functions listed in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 within a community located within Virginia;

b. Receive and administer funds and contributions from private or public sources that may be used in support of a center and funds from other public and private programs; and

c. Plan, conduct, administer, and evaluate a center consistent with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181.

2. In accordance with the order of priorities established in 22VAC30-30-141, an existing eligible agency may receive a grant if the eligible agency demonstrates in its application that it:

a. Is receiving state general funds; and

b. Is in compliance with the program and fiscal standards and assurances in 22VAC30-30-171 and 22VAC30-30-181.

3. The director of the DSU awards the grants based on the demonstrated:

a. Compliance with the standards and assurances as defined by the Act and 22VAC30-30-171 and 22VAC30-30-181;

b. Cooperation with the department and Statewide Independent Living Council (council) in collection and exchange of information, including evaluation of its program, determination of the level of consumer satisfaction with its program; disclosure of necessary records, reports, policies, and other documents for the purpose of evaluation; and the use of established data collection methods;

c. Ability to address local personal assistance services issues, including cooperation with DRS in the administration of the Personal Assistance Services (PAS) program;

d. Cooperation with the council and department in the administration of the Title VII, Part B program in accordance with the current State Plan for Independent Living, the DRS CIL Title VII, Part B Procedures Manual, department and state policies, and any other state and federal regulations.

G. This subsection is applicable to both federally and state-funded CILs. To apply for a grant from the department as a new center, an eligible agency shall meet the requirements of subsection F of this section, except that the award of a grant to a new center is subject to the order of priorities in the state plan and is subject to the availability of funds.

1. In selecting from among applicants for a grant for a new center, the department considers comments regarding the application, if any, by the Statewide Independent Living Council (council).

2. In selecting from among applicants for a grant for a new center, the director and the chairperson of the council, or other individual designated by the council to act on behalf of and at the direction of the council, shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. The director shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with federal and state law. The peer review committee shall consider the ability of each applicant to operate a center and shall recommend an applicant to receive a grant, based on the following:

a. Evidence of the need for a center, consistent with the state plan;

b. Any past performance of the applicant in providing services comparable to IL services;

c. The plan for complying with, or demonstrated success in complying with, the standards and the assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181;

d. The quality of key personnel of the applicant and the involvement of individuals with significant disabilities by the applicant;

e. The budget and cost-effectiveness of the applicant;

f. The evaluation plan of the applicant; and

g. The ability of the applicant to carry out the plan for complying with the standards and assurances and the evaluation plan.