Administrative Code

Virginia Administrative Code
9/21/2021

Part II. Centers for Independent Living (Cil) Program

22VAC30-30-131. Agencies eligible for CIL program.

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.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-140. (Repealed.)

Historical Notes

Derived from VR595-02-1 § 14, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-141. Order of priorities for centers for independent living.

A. This subsection is applicable to federally funded CILs. For grants under subsection C of 22VAC30-30-131, in accordance with a state's allotment and to the extent funds are available, the order of priorities for allocating funds among centers within a state is as follows:

1. Existing centers as described in 34 CFR 366.23 that comply with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 first receive the level of funding each center received in the previous year. However, any funds received by an existing center to establish a new center at a different geographical location in response to subdivision B 2 b of 22VAC30-30-131 are not included in determining the level of funding to the existing center in any fiscal year that the new center applies for and receives funds as a separate center.

2. Existing centers that meet the requirements of subdivision 1 of this subsection then receive a cost-of-living increase in accordance with procedures consistent with § 721(c)(3) of the Act.

3. New centers that comply with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 are considered next. If, after meeting the priorities in subdivisions 1 and 2 of this subsection, there are insufficient funds under the state's allotment under § 721(c) and (d) of the Act to fund a new center, the Secretary of the U.S. Department of Education may (i) use the excess funds in the state to assist existing centers consistent with the state plan or (ii) reallot these funds in accordance with § 721(d) of the Act.

B. This subsection is applicable to federally funded CILs. For grants under subsection D of 22VAC30-30-131, unless the director of the DSU and the chairperson of the Statewide Independent Living Council (council), or other person designated by the council to act on behalf of and at the direction of the council, jointly agree on another order of priorities, the director shall follow the order of priorities in subsection A of this section for allocating funds among centers within a state, to the extent funds are available. If the order of priorities in subsection A is followed and, after meeting the priorities in subdivision A 1 of this section, there are insufficient funds under the state's allotment under § 721(c) and (d) of the Act to fund a new center under subdivision A 3 of this section, the director may (i) use the excess funds in the state to assist existing centers consistent with the state plan, or (ii) return these funds to the Secretary of the U.S. Department of Education for reallotment in accordance with § 721(d) of the Act.

C. This subsection is applicable to state-funded CILs. With guidance from the Statewide Independent Living Council and other entities as appropriate, the department will fund CILs based on documented need.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-150. Governing board of centers for independent living.

Each center shall be governed by a board established for the sole purpose of operating a center for independent living. The board shall consist of no fewer than seven persons and shall contain a majority number of individuals with significant disabilities who shall provide a cross-disability representation. 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 principle governing body of the center and a majority of which must be composed of individuals with significant disabilities. This governing board shall be established prior to the submission of a grant proposal to fund such a CIL. Only the board established for the purpose of operating a CIL is eligible to receive grants and contracts from the department.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 15, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-160. Staff.

A. The majority of the center for independent living (CIL) staff and individuals with decision-making positions shall be individuals with disabilities.

B. The staff of the service provider shall include personnel who are specialists in the development and provision of IL services and in the development and support of centers.

C. CILs shall meet all relevant licensure, certification, bonding, and insurance requirements of the Department for Aging and Rehabilitative Services.

D. To the maximum extent feasible, the service provider must make available personnel able to communicate (i) with individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille, or audio tapes, and who apply for or receive IL services under Title VII of the Act, and (ii) in the native languages of individuals with significant disabilities whose English proficiency is limited and who apply for or receive IL services under Title VII of the Act.

E. Staff at centers will receive training on how to serve unserved and underserved populations, including minority groups and urban and rural populations.

F. The service provider shall establish and maintain a program of staff development for all classes of positions involved in providing IL services and, if appropriate, in administering the CIL program. The staff development program must emphasize improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy.

Statutory Authority

§ 51.5-131 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 16, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004; Volume 28, Issue 24, eff. August 30, 2012.

22VAC30-30-170. (Repealed.)

Historical Notes

Derived from VR595-02-1 § 17, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-171. CIL assurances.

To be eligible for assistance under the Centers for Independent Living Program, an eligible agency shall provide 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 will be composed of individuals with significant disabilities;

3. The applicant will comply with the standards in 22VAC30-30-181;

4. The applicant will establish clear priorities through:

a. Annual and three-year program and financial planning objectives for the center, including overall goals or a mission for the center;

b. A work plan for achieving the goals or mission, specific objectives, service priorities, and types of services to be provided;

A description that demonstrates how the proposed activities of the applicant are consistent with the most recent three-year State Plan under § 704 of the Act;

5. The applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under § 503 of the Act;

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 an annual self-evaluation, prepare an annual performance report, and maintain records adequate to measure performance with respect to the standards in 22VAC30-30-181.

9. The annual performance report and the records of the center's performance will each contain information regarding, at a minimum:

a. The extent to which the center is in compliance with the standards in § 725(b) of the Act and 22VAC30-30-181;

b. The number and types of individuals with significant disabilities receiving services through the center;

c. The types of services provided through the center and the number of individuals with significant disabilities receiving each type of services;

d. The sources and amounts of funding for the operation of the center;

e. The number of individuals with significant disabilities who are employed by, and the number who are in management and decision-making positions in, the center;

f. The number of individuals from minority populations who are employed by, and the number who are in management and decision-making positions in, the center; and

g. A comparison, if appropriate, of the activities of the center in prior years with the activities of the center in most recent years;

10. Individuals with significant 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;

11. Aggressive outreach regarding services provided through the center will be conducted in an effort to reach populations of individuals with significant disabilities that are unserved or underserved by programs under Title VII of the Act, especially minority groups and urban and rural populations;

12. Staff at centers will receive training on how to serve unserved and underserved populations, including minority groups and urban and rural populations;

13. The center will submit to the Statewide Independent Living Council a copy of its approved grant application and the annual performance report;

14. The center will prepare and submit to the DSU if the center received a grant from the DSU director, or to the secretary if the center received a grant from the Secretary of the U.S. Department of Education, within 90 days of the end of each fiscal year, the annual performance report; and

15. An IL plan as described in § 704(e) of the Act will be developed for each individual who will receive services under 34 CFR Part 366 and the Centers for Independent Living Program unless the individual signs a waiver stating that an IL plan is unnecessary.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-180. (Repealed.)

Historical Notes

Derived from VR595-02-1 § 18, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-181. Evaluation standards.

To be eligible to receive funds under the Centers for Independent Living Program an applicant must agree to comply with the following evaluation standards:

1. Evaluation standard 1, Philosophy. The center shall promote and practice the IL philosophy of:

a. Consumer control of the center regarding decisionmaking, 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;

d. Equal access of individuals with significant disabilities to all of the center's services, programs, activities, resources, and facilities, whether publicly or privately funded, without regard to the type of significant disability of the individual; and

e. Promoting equal access of individuals with significant disabilities to all services, programs, activities, resources, and facilities in society, whether public or private, and regardless of funding source, on the same basis that access is provided to other individuals with disabilities and to individuals without disabilities.

2. Evaluation standard 2, Provision of services. The center shall provide IL services to individuals with a range of significant disabilities. The center shall provide IL services on a cross-disability basis (i.e., for individuals with all different types of significant disabilities, including individuals with significant disabilities who are members of populations that are unserved or underserved by programs under Title VII of the Act). The center shall determine eligibility for IL services. The center may not base eligibility on the presence of any one specific significant disability.

3. Evaluation standard 3, Independent living goals. The center shall facilitate the development and achievement of IL goals selected by individuals with significant disabilities who seek assistance in the development and achievement of IL goals from the center.

4. Evaluation standard 4, Community options. The center shall conduct activities to increase the availability and improve the quality of community options for IL to facilitate the development and achievement of IL goals by individuals with significant disabilities.

5. Evaluation standard 5, Independent living core services. The center shall provide IL core services and, as appropriate, a combination of any other IL services specified in § 7(30)(B) of the Act and 22VAC30-30-80.

6. Evaluation standard 6, Activities to increase community capacity. The center shall conduct activities to increase the capacity of communities within the service area of the center to meet the needs of individuals with significant disabilities.

7. Evaluation standard 7, Resource development activities. The center shall conduct resource development activities to obtain funding from sources other than Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-190. (Repealed.)

Historical Notes

Derived from VR595-02-1 § 19, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-191. Compliance indicators.

A. The compliance indicators establish the activities that a center for independent living shall carry out to demonstrate minimum compliance with the evaluation standards in 22VAC30-30-181. If a center fails to satisfy any one of the indicators, the center is out of compliance with the evaluation standards.

B. To be eligible to receive a continuation award for the third or any subsequent year of a grant, a center shall have complied fully during the previous project year with all of the terms and conditions of its grant; provide adequate evidence in its most recent annual performance report that the center is in minimum compliance with the evaluation standards in 22VAC30-30-181, and meets the requirements in 34 CFR Part 366. If a recipient receives funding for more than one center, each individual center shall meet these requirements.

C. Evidence a center must present to demonstrate that it is in minimum compliance with the evaluation standards is:

1. Compliance indicator 1, Philosophy. The center shall provide evidence in its most recent annual performance report that:

a. Individuals with significant disabilities constitute more than 50% of the center's governing board;

b. Individuals with disabilities constitute more than 50% of the center's employees in decision-making positions and employees in staff positions. A center may exclude personal assistants, readers, drivers, and interpreters employed by the center from this requirement. The determination that over 50% of a center's employees in decision-making and staff positions are individuals with disabilities must be based on the total number of hours (excluding any overtime) for which employees are actually paid during the last six-month period covered by the center's most recent annual performance report. However, a center must include in this determination its employees who are on unpaid family or maternity leave during this six-month period;

c. The center promotes self-help and self-advocacy among individuals with significant disabilities (e.g., by conducting activities to train individuals with significant disabilities in self-advocacy);

d. The center promotes the development of peer relationships and peer role models among individuals with significant disabilities (e.g., by using individuals with significant disabilities who have achieved IL goals (whether the goals were achieved independently or through assistance and services provided by a center) as instructors (volunteer or paid) in its training programs or as peer counselors);

e. The center ensures equal access of individuals with significant disabilities, including communication and physical access, to the center's services, programs, activities, resources, and facilities, whether publicly or privately funded. Equal access, for purposes of this subdivision, means that the same access is provided to any individual with a significant disability regardless of the individual's type of significant disability;

f. The center advocates for and conducts activities that promote the equal access to all services, programs, activities, resources, and facilities in society, whether public or private, and regardless of funding source, for individuals with significant disabilities; and

g. The center makes available in alternative formats, as appropriate, all of its written policies and materials and IL services.

2. Compliance indicator 2, Provision of services on a cross-disability basis. The center shall provide evidence in its most recent annual performance report that:

a. Provides IL services to eligible individuals or groups of individuals without restrictions based on the particular type or types of significant disability of an individual or group of individuals, unless the restricted IL services (other than the IL core services) are unique to the significant disability of the individuals to be served;

b. Provides IL services to individuals with a diversity of significant disabilities and individuals who are members of populations that are unserved or underserved by programs under Title VII of the Act; and

c. Provides IL core services to individuals with significant disabilities in a manner that is neither targeted nor limited to a particular type of significant disability.

3. Compliance indicator 3, Independent living goals. The center shall provide evidence in its most recent annual performance report that it:

a. Maintains a consumer service record that meets the requirements of 22VAC30-30-31 for each consumer;

b. Facilitates the development and achievement of IL goals selected by individuals with significant disabilities who request assistance from the center;

c. Provides opportunities for consumers to express satisfaction with the center's services and policies in facilitating their achievement of IL goals and provides any results to its governing board and the appropriate Statewide Independent Living Council;

d. Notifies all consumers of their right to develop or waive the development of an IL plan; and

e. Maintains records on the IL goals that consumers receiving services at the center believe they have achieved, the number of IL plans developed by consumers receiving services at the center, and the number of waivers signed by consumers receiving services at the center stating that an IL plan is unnecessary.

4. Compliance indicator 4, Community options and community capacity. The center shall provide evidence in its most recent annual performance report that, during the project year covered by the center's most recent annual performance report, the center promoted the increased availability and improved quality of community-based programs that serve individuals with significant disabilities and promoted the removal of any existing architectural, attitudinal, communication, environmental, or other type of barrier that prevents the full integration of these individuals into society. This evidence must demonstrate that the center performed at least one activity in each of the following categories:

a. Community advocacy;

b. Technical assistance to the community on making services programs, activities, resources, and facilities in society accessible to individuals with significant disabilities;

c. Public information and education;

d. Aggressive outreach to members of populations of individuals with significant disabilities that are unserved or underserved by programs under Title VII of the Act in the center's service area; and

e. Collaboration with service providers, other agencies, and organizations that could assist in improving the options available for individuals with significant disabilities to avail themselves of the services, programs, activities, resources, and facilities in the center's service area.

5. Compliance indicator 5, IL core services and other IL services. The center shall provide evidence in its most recent annual performance report that it provides:

a. Information and referral services to all individuals who request this type of assistance or services from the center in formats accessible to the individual requesting these services; and

b. As appropriate in response to requests from individuals with significant disabilities who are eligible for IL services from the center, the following services:

(1) IL skills training;

(2) Peer counseling (including cross-disability peer counseling);

(3) Individual and systems advocacy; and

(4) A combination, as appropriate, of any two or more of the IL services defined in § 7(30)(B) of the Act and 22VAC30-30-80.

6. Compliance indicator 6, Resource development activities. The center shall provide evidence in its most recent annual performance report that it has conducted resource development activities within the period covered by the performance report to obtain funding from sources other than Chapter 1 (29 USC § 796 et seq.) of Titles VII of the Act.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-200. (Repealed.)

Historical Notes

Derived from VR595-02-1 § 20, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-201. Funded activities under CIL program.

A. This subsection is applicable to federally funded CILs. An eligible agency may use funds awarded under Subpart B of 34 CFR Part 366 and subsection E of 22VAC30-30-131 to provide training and technical assistance to eligible agencies, centers, and the Statewide Independent Living Council to plan, develop, conduct, administer, and evaluate centers.

B. This subsection is applicable to federally funded CILs. An eligible agency may use funds awarded under subsections C and D of 22VAC30-30-131 to:

1. Plan, conduct, administer, and evaluate centers that comply with the standards and assurances in § 725(b) and (c) of the Act;

2. Promote and practice the independent living (IL) philosophy in accordance with Evaluation Standard 1 (Philosophy) in 22VAC30-30-181;

3. Provide IL services (including IL core services and, as appropriate, a combination of any other IL services specified in § 7(30)(B) of the Act) to individuals with a range of significant disabilities in accordance with Evaluation Standards 2 and 5 (Provision of services and Independent living core services, respectively) in 22VAC30-30-181;

4. Facilitate the development and achievement of IL goals selected by individuals with significant disabilities who seek assistance in the development and achievement of IL goals from the center in accordance with Evaluation Standard 3 (Independent living goals) in 22VAC30-30-181;

5. Increase the availability and improve the quality of community options for independent living in order to facilitate the development and achievement of IL goals by individuals with significant disabilities in accordance with Evaluation Standard 4 (Community options) in 22VAC30-30-181;

6. Increase the capacity of communities within the service area of the center to meet the needs of individuals with significant disabilities in accordance with Evaluation Standard 6 (Activities to increase community capacity) in 22VAC30-30-181;

7. Conduct resource development activities to obtain funding from sources other than Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act in accordance with Evaluation Standard 7 (Resource development activities) in 22VAC30-30-181; and

8. Conduct activities necessary to comply with the assurances in § 725(c) of the Act, including, but not limited to, the following:

a. Aggressive outreach regarding services provided through the center in an effort to reach populations of individuals with significant disabilities that are unserved or underserved by programs under Title VII of the Act, especially minority groups and urban and rural populations; and

b. Training for center staff on how to serve unserved and underserved populations, including minority groups and urban and rural populations.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-210. (Repealed.)

Historical Notes

Derived from VR595-02-1 § 21, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-211. Periodic review of centers for independent living (CILs).

A. This subsection is applicable to state-funded CILs and CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. The director of the DSU shall periodically review each center to determine whether the center is in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. For purposes of this section, in the case of a state in which there is 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, the "director" shall be the director of the general DSU. These state units shall periodically consult with each other with respect to the provision of services for individuals who are blind.

1. For state-funded CILs, the periodic review shall include annual on-site compliance reviews of at least 15 percent of the centers.

2. For CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131, the periodic review shall include annual on-site compliance reviews of at least 15% of the centers.

3. Each team that conducts an on-site compliance review shall include at least one person who is not an employee of the designated state agency, who has experience in the operation of centers, and who is jointly selected by the director of the DSU and the chairperson of the Statewide Independent Living Council (council), or other individual designated by the council to act on behalf of and at the direction of the council.

4. A copy of each review shall be provided to the council. For centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131, a copy shall also be provided to the Secretary of the U.S. Department of Education.

B. This subsection is applicable to federally and state-funded CILs. For state-funded CILs and CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131 if the director of the DSU determines that the center is not in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181, the director shall immediately notify the center in writing that the center is out of compliance. For CILs receiving funds under § 721 of the Act and subsection C of 22VAC30-30-131, if the Secretary of the U.S. Department of Education determines that the center is not in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181, the secretary shall immediately notify the center in writing that the center is out of compliance. The director or secretary, as appropriate, shall provide technical assistance to the center to develop a corrective action plan to comply with the standards and assurances. The director's or secretary's, as appropriate, initial written notice must:

1. Include, at a minimum, (i) the name of the center, (ii) the reason or reasons for proposing the termination of funds or other significant adverse action against the center, including any evidence that the center has failed to comply with any of the evaluation standards or assurances, and (iii) the effective date of the proposed termination of funds or other significant adverse action against the center;

2. Be given 90 days in advance of the date the director or secretary, as appropriate, intends to terminate a center's funds or take any other significant adverse action against the center;

3. Inform the center that it has 90 days from the date the center receives the notice to submit a corrective action plan;

4. For centers receiving federal funds under § 723 or 725 of the Act, inform the center that (i) it may seek mediation and conciliation in accordance with this subsection to resolve any dispute within the 90 days before the proposed action against the center and (ii) if mediation and conciliation are not successful and the director does not issue a final written decision under subdivision C 3 of this section, the center may appeal to the Secretary of the U.S. Department of Education the decision described in the director's initial written notice on or after the 90th day, but not later than the 120th day, after the center receives the director's initial decision; and

5. Be sent by certified mail, return receipt requested, or by other means that provide proof of receipt.

C. This subsection is applicable to state-funded CILs and CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131.

1. Unless the center receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131 submits, within 90 days after receiving the initial written notice, a corrective action plan to achieve compliance that is approved by the director or, if appealed, is approved by the Secretary of the U.S. Department of Education, the director shall terminate all funds under § 723 of the Act and subsection D of 22VAC30-30-131 to the center. Funds shall be terminated 90 days after the later of: (i) the date that the center receives the initial written notice, or (ii) the date that the center receives the secretary's final decision, if the center appeals under 22VAC30-30-220 the director's decision described in the initial written notice, or the director's decision not to approve the corrective action plan.

2. For centers receiving state general funds, the director shall terminate all state general funds to the center 90 days after the date the center receives the director's initial written notice, unless the center submits, within 90 days after receiving the initial written notice, a corrective action plan to achieve compliance that is approved by the director.

3. If the center submits a corrective action plan within the 90-day period, the director shall provide to the center, not later than the 120th day after the center receives the director's initial written notice, a final written decision approving or disapproving the center's corrective action plan and informing the center, if appropriate, of the termination of the center's funds or any other proposed significant adverse action against the center.

a. The director's final written decision to disapprove a center's corrective action plan must (i) address any response from the center to the director's initial written notice, (ii) include a statement of the reasons why the director could not approve the corrective action plan, and (iii) inform a center receiving funds under § 723 of the Act of its right to appeal to the Secretary of the U.S. Department of Education, within 30 days from receipt, the director's final written decision to terminate funds or take other significant adverse action against the center.

b. A director's final written decision to terminate funds or take any other adverse action against a center may not take effect until 30 days after the date that the center receives it.

c. If a center receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131 appeals under subsection A of 22VAC30-30-220, the director's final written decision to terminate funds or take any other adverse action against a center does not take effect until the Secretary of the U.S. Department of Education issues a final decision.

d. The director shall send the final written decision to the center by registered or certified mail, return receipt requested, or other means that provide a record that the center received the director's final written decision.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-220. Appeal procedures for CILs.

A. This subsection is applicable to centers receiving funds under § 723 of the Act. To obtain the Secretary of the U.S. Department of Education review of a director's final written decision to disapprove a center's corrective action plan submitted under subdivision C 1 of 22VAC30-30-211, the center shall file, within 30 days from receipt of the director's final written decision, a formal written appeal with the secretary giving the reasons why the center believes that the director should have approved the center's corrective action plan. For purposes of this section, in the case of a state in which there is 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, the "director" shall be the director of the general DSU. These DSUs shall periodically consult with each other with respect to the provision of services for individuals who are blind.

B. This subsection is applicable to centers receiving funds under § 723 of the Act. To obtain the Secretary of the U.S. Department of Education's review of a decision described in a director's initial written notice, a center that does not submit a corrective action plan to a director shall file, in accordance with subdivision C 1 a (1) of this section, a formal written appeal with the secretary giving the reasons why the center believes that the director should have found the center in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181.

C. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. To appeal to the Secretary of the U.S. Department of Education a decision described in a director's initial written notice or a director's final written decision to disapprove a center's corrective action plan and to terminate or take other significant adverse action:

1. A center shall file with the secretary:

a. A formal written appeal:

(1) On or after the 90th day but not later than the 120th day following a center's receipt of a director's initial written notice; or

(2) On or before the 30th day after a center's receipt of the director's final written decision to disapprove a center's corrective action plan and to terminate or take other significant adverse action;

b. A copy of the corrective action plan, if any, submitted to the director; and

c. One copy each of any other written submissions sent to the director in response to the director's initial written notice to terminate funds or take other significant adverse action against the center.

2. The date of filing a formal written appeal to the secretary is determined in a manner consistent with the requirements of 34 CFR 81.12.

3. If the center files a formal written appeal with the secretary, the center shall send a separate copy of the appeal to the director by registered or certified mail, return receipt requested, or other means that provide a record that the director received a separate copy of the center's written appeal.

4. The center's formal written appeal to the secretary must state why:

a. The director has not met the burden of showing that the center is not in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181; and

b. The corrective action plan, if any, should have been approved; or

c. The director has not met the procedural requirements of subsection B of 22VAC30-30-211 and subsections A through E of this section.

5. As part of its submissions, the center may request an informal meeting with the secretary at which representatives of both parties will have an opportunity to present their views on the issues raised in the appeal.

D. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. A director's decision to terminate funds that is described in an initial written notice or final written decision is stayed as of the date (determined under subdivision C 2 of this section) that the center files a formal written appeal with the secretary.

E. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. If the center files a formal written appeal in accordance with subsection C of this section, the director shall, within 15 days of receipt of the center's appeal, submit to the secretary one copy each of the following:

1. The director's initial written notice to terminate funds or take any other significant adverse action against the center sent to the center.

2. The director's final written decision, if any, to disapprove the center's corrective action plan and to terminate the center's funds or take any other significant adverse action against the center.

3. Any other written documentation or submissions the director wishes the secretary to consider.

4. Any other information requested by the secretary.

5. As part of its submissions, the director may request an informal meeting with the secretary at which representatives of both parties will have an opportunity to present their views on the issues raised in the appeal.

F. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. If either party requests a meeting under subdivisions C 5 or E 5 of this section, the meeting is to be held within 30 days of the date of the secretary's receipt of the submissions from the director that are required by subsection E of this section. The secretary promptly notifies the parties of the date and place of the meeting.

1. Within 30 days of the informal meeting or, if neither party has requested an informal meeting, within 60 days of the date of receipt of the submissions required from the director by subsection E of this section, the secretary issues to the parties the secretary's decision.

2. The secretary reviews a decision included in a director's initial written notice or a director's final written decision to disapprove the center's corrective action plan and to terminate the center's funds or take any other significant adverse action against the center based on the record submitted under subsections C and E of this section and may affirm or, if the secretary finds that the decision included in a director's initial written notice or a director's final written decision is not supported by the evidence or is not in accordance with the law, may:

a. Remand the appeal for further findings; or

b. Reverse the decision described in the director's initial written notice or the director's final written decision.

3. The secretary sends copies of the decision to the parties by registered or certified mail, return receipt requested, or other means that provide a record of receipt by both parties.

4. If the secretary affirms the decision described in a director's initial written notice or the director's final written decision, the director's decision takes effect on the date of the secretary's final decision to affirm.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 22, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-230. (Repealed.)

Historical Notes

Derived from VR595-02-1 §§ 23 to 24, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

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