Administrative Code

Virginia Administrative Code
10/5/2022

Part III. Independent Living Services (Ils) Program

22VAC30-30-241. Agencies eligible for ILS program.

A. Any DSU identified by the state under 34 CFR 364.22 is eligible to apply for assistance under 34 CFR Part 365 and this part.

B. To receive a grant under 34 CFR Part 365 and this part, a state shall submit to the Secretary of the U.S. Department of Education and obtain approval of a state plan that meets the requirements of Part A of Title VII of the Act and Subparts B and C of 34 CFR Part 264.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

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

22VAC30-30-250. Referrals.

A. Department for Aging and Rehabilitative Services clients referred to a center for independent living by department counselors for specific services related to the vocational objective under the Individualized Employment Plan (IEP) may have those services funded by the department based upon approved vendor arrangements between the department and the respective center.

B. The DSU shall develop, establish, and maintain written standards and procedures to be applied by service providers to assure expeditious and equitable handling of referrals and applications for IL services from individuals with significant disabilities.

C. The service provider shall apply the standards and procedures established by the DSU to assure expeditious and equitable handling of referrals and applications for IL services from individuals with significant disabilities.

D. A DSU may handle referrals and applications for IL services or, except as otherwise provided, may delegate these functions and responsibilities to the appropriate service provider with which the DSU subgrants or contracts to provide IL services.

Statutory Authority

§ 51.5-131 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 25, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004; Volume 28, Issue 24, eff. August 30, 2012.

22VAC30-30-260. Authorized use of ILS funds.

A. The Secretary of the U.S. Department of Education provides financial assistance to states under the Independent Living Services program authorized by Part B of Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act to:

1. Provide the resources described in the resource plan required by § 705(e) of the Act and 34 CFR 364.21(d) relating to the Statewide Independent Living Council. A majority of the voting members of the Statewide Independent Living Council must be individuals with disabilities and not employed by any state agency or center for independent living;

2. Provide to individuals with significant disabilities the independent living services required by section 704(e) of the Act;

3. Demonstrate ways to expand and improve IL services;

4. Support the operation of centers for independent living that are in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181;

5. 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;

6. 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 IL services for individuals with significant disabilities;

7. Train individuals with significant disabilities, individuals with disabilities, individuals providing services to individuals with significant disabilities, and other persons regarding the IL philosophy; and

8. Provide outreach to populations that are unserved or underserved by programs under Title VII of the Act, including minority groups and urban and rural populations.

B. The state may use funds received under 34 CFR Part 365 to support the activities listed in subsection A of this section and to meet its obligation under § 704(e) of the Act and 34 CFR 364.43(b) and subsection A of 22VAC30-30-270.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

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

22VAC30-30-270. Grants or contracts for IL services.

A. The state plan must provide that the state directly, or through grants or contracts, will provide IL services with federal, state, or other funds.

B. A state may not condition the award of a grant, subgrant, or contract under § 713 of the Act or a grant, subgrant, or assistance contract under § 723 of the Act and subsection D of 22VAC30-30-131 on the requirement that the applicant for the grant or subgrant make a cash or in-kind contribution of any particular amount or value to the state.

C. An individual, entity, or organization that is a grantee or subgrantee of the state, or has a contract with the state, may not condition the award of a subgrant or subcontract under § 713 of the Act or § 723 of the Act and subsection D of 22VAC30-30-131 on the requirement that the applicant for the subgrant or subcontract make a cash or in-kind contribution of any particular amount or value to the state or to the grantee or contractor of the state.

D. If a state makes a subgrant or enters into a contract to provide IL services to meet its obligation under § 704(e) of the Act:

1. The provisions of 34 CFR Part 365 apply to both the state and the entity or individual to whom it awards a subgrant or with whom it enters into a contract; and

2. The provisions concerning the administration of subgrants and contracts in 34 CFR Parts 76 and 80 apply to the state.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

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

22VAC30-30-280. Standards for service providers.

A. In providing IL services to individuals with significant disabilities, service providers shall comply with:

1. The written standards for IL service providers established by the DSU required by subsections B and C of this section; and

2. All applicable state or federal license or certification requirements.

B. The DSU shall develop, establish, make available to the public, maintain, and implement written minimum standards for the provision of:

1. IL services to be met by service providers that are not centers; and

2. Specialized IL services to individuals with significant disabilities by centers under a contract with the DSU. These minimum standards may differ from the standards and assurances in § 725 of the Act, 22VAC30-30-171, and 22VAC30-30-181.

C. The DSU shall assure that participating service providers meet all applicable state licensure or certification requirements.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

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

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