**State Plan for Independent Living (SPIL)**

**Public Comment Period December 8, 2006 -- February 6, 2007**

## Summary of Comments and RSA Responses

# Public Comments, RSA Analysis and SPIL Changes

RSA received ten (10) comments during the 60-day public comment period
that ended on February 6, 2007. The comments all address the
relationship reflected in the SPIL between the programs funded under
chapter 1 of title VII of the Rehabilitation Act of 1973, as amended,
(the Act), that is, the State Independent Living Services (SILS) and the
Centers for Independent Living (CIL) programs and the program authorized
under chapter 2 of title VII, that is, the Independent Living Services
for Older Individuals who are Blind (OIB) program. The comments all
reflect a concern that the revised SPIL blurs the distinction between
the chapter 1 and chapter 2 programs and threatens the autonomous status
of the chapter 2 program.

In order to receive federal funding under the SILS and CIL programs the
state must submit and obtain approval of a SPIL that meets the
requirements of section 704 of the Act and its implementing regulations.
The OIB program is a formula grant program under which the state agency
authorized under state law to provide rehabilitation services to
individuals who are blind receives funding to conduct activities
authorized by chapter 2 of title VII of the Act and its implementing
regulations. The grantee under the OIB program does not have to submit a
state plan that details the activities the state intends to conduct with
the funds.

Although the SILS and OIB programs are two separate programs funded by
the Department, often with different state agencies as grantees, title
VII of the Act and its implementing regulations recognize that these
programs interact with each other. Under the SILS program, 34 CFR 364.27
requires that the SPIL describe how the IL services funding under
chapter 1 of title VII of the Act will be coordinated with, and
complement, other services, to avoid unnecessary duplication with other
Federal, State, and local programs, including the OIB program authorized
by chapter 2 of title VII of the Act. This information is requested in
section 1.6 of Part II of the revised SPIL Instrument.

The State plan must also include an assurance that the grantee under the
SILS program will seek to incorporate into and describe in the SPIL any
new methods and approaches relating to IL services for older individuals
who are blind that are developed by projects funded under chapter 2 and
that the SILS grantee determines to be effective. [See]{.underline} 34
CFR 364.28. The assurance is provided in section 2.5 of Part I of the
revised SPIL Instrument and section 1.7 of Part II of the SPIL
Instrument asks for a description of how the assurance will be
addressed.

Finally, 34 CFR 364.42(a) requires the State plan to describe
specifically (1) the objectives to be achieved; (2) the financial plan
for the use of Federal and non-Federal funds to meet these objectives.
The financial plan must identify the source and amounts of other Federal
and non-Federal funds to be used to meet these objectives; and (3) How
funds received under sections 711 \[SILS program\], 721 \[CIL program\],
and 752 \[OIB program\] of the Act will further these objectives.

For its part, the OIB program grantee has to assure, in its application
for federal funding, that its application is consistent with the SPIL
required under section 704 of the Act, and it has to assure that it will
seek to incorporate into and describe in the SPIL any new methods and
approaches relating to IL services for older individuals who are blind
that are developed by projects funded under chapter 2 and that the
grantee determines to be effective. [See]{.underline} 34 CFR 367.11(c)
and (f).

While recognizing that the law requires certain references to the OIB
program in the SPIL, RSA understands the commenters' concerns about the
autonomy of the OIB program and, where appropriate, has proposed changes
in the SPIL to affirm that a clear distinction exists in federal law and
regulations between the SILS and CIL programs under chapter 1 and the
OIB program under chapter 2. These changes are described below.
Explanations are provided wherever changes were not deemed necessary or
appropriate.

Issue 1: Instrument, Part II, section 1.3A, Financial Plan table:
Inclusion of a line item for chapter 2,OIB program funds.

# Public Comments

Six commenters objected to the inclusion of a line item for chapter 2,
OIB funds in the following table because it would lead to the
misconception that the allocation and use of all OIB funds are subject
to the SPIL.

  --------------------------- --------------------- -------------- -------------- -------------
  **[Sources]{.underline}**   **[Approximate                                      
                              Funding Amounts and                                 
                              Uses]{.underline}**                                 

                              SILC Resource Plan    IL Services    General CIL    Other SPIL
                                                                   Operations     Activities

  **Title VII Funds**                                                             

  Chapter 1, Part B                                                               

  Chapter 1, Part C                                                               

  Chapter 2, Older                                                                
  Individuals Who are Blind                                                       
  --------------------------- --------------------- -------------- -------------- -------------

One of these commenters suggested that the inclusion of OIB funds in the
SPIL serves no practical purpose since this information is provided in a
separate, program-specific report (the 7-OB annual performance report)
required for the OIB program.

[RSA Analysis]{.underline}

An OIB grantee has sole authority to decide how to spend the OIB funds
consistent with the activities authorized under chapter 2. Since OIB
program services and initiatives can complement those of the SILS and
CIL programs, it is possible that an OIB grantee may decide to
coordinate some of its activities with the other IL programs to further
a SPIL objective in the state. If the OIB grantee authorizes the use of
any OIB funds to conduct activities that further a SPIL objective, then
those and only those OIB funds, and the activities they support, should
be included in the SPIL under the Financial Plan table (1.3A) and
narrative section (1.3B). The 7-OB annual performance report cannot
serve as a substitute for the chapter 2 line item in the Financial Plan
table because the 7-OB report lists all OIB funds and does not indicate
which OIB funds, if any, are furthering a SPIL objective.

RSA agrees that including a line item for the OIB program in the
Financial Plan table might be misinterpreted to suggest that all OIB
funds are subject to the SPIL.

[SPIL Change]{.underline}

In order to affirm the autonomy of OIB funds and to make explicit that
the Financial Plan table and narrative should include only those OIB
program funds, if any, that are being provided by the OIB grantee in
support of a SPIL objective, RSA has made the following revisions in the
SPIL Instrument and Instructions for sections 1.3A:

-   [In the SPIL Instrument, Financial Plan table, section
    1.3A:]{.underline} The words "only those provided by the OIB grantee
    to further a SPIL objective" have been added to the chapter 2 line
    item.

  --------------------------- --------------------- -------------- -------------- -------------
  **[Sources]{.underline}**   **[Approximate                                      
                              Funding Amounts and                                 
                              Uses]{.underline}**                                 

                              SILC Resource Plan    IL Services    General CIL    Other SPIL
                                                                   Operations     Activities

  **Title VII Funds**                                                             

  Chapter 1, Part B                                                               

  Chapter 1, Part C                                                               

  Chapter 2, OIB (only those                                                      
  provided by the OIB grantee                                                     
  to further a SPIL                                                               
  objective)                                                                      
  --------------------------- --------------------- -------------- -------------- -------------

-   [In the SPIL Instructions, Financial Plan table, section
    1.3A:]{.underline} Additional information about the OIB funds has
    been added under [Notes about Sources]{.underline}, as follows:

> ["Title VII Funds]{.underline} -- Chapter 2, OIB program funds are
> required to be included in the Financial Plan table only if the OIB
> grantee authorizes the use of any portion of OIB funds to further a
> SPIL objective. If the OIB grantee permits such funds to be used, then
> that portion should be indicated in the corresponding line item of the
> Financial Plan."

Issue 2: Instrument, Part II, section 5.1A, SILC Resource Plan:
Statement that the Financial Plan tables and narrative sections serve as
an outline of the Statewide Independent Living Council (SILC) Resource
Plan.

# Public Comments

Three commenters expressed the concern that incorporating OIB funds as a
resource in the SPIL Financial Plan table gives the erroneous impression
that the OIB program is under the administration of the SILC, rather
than the OIB grantee.

[RSA Response]{.underline}

RSA agrees that the statement in section 5.1 of the SPIL including a
line item for the OIB program in the Financial Plan table might be
misinterpreted to suggest that the OIB program is under the
administration of the SILC, rather than the OIB grantee. However, an OIB
grantee must authorize the use of any OIB funds in support of the SPIL,
including the SILC resource plan. The OIB grantee, not the SILC, retains
the ultimate responsibility for administering and accounting for such
funds.

# SPIL Change

In order to affirm the autonomy of OIB funds and to make explicit the
OIB grantee's responsibility to administer and account for such funds,
RSA has made the following revisions in the SPIL Instrument and
Instructions for sections 1.3A. These revisions are the same as those
adopted in response to issue 1.

-   [In the SPIL Instrument, Financial Plan table, section
    1.3A:]{.underline} The words "only those provided by the chapter 2,
    OIB grantee to further a SPIL objective" have been added to the
    chapter 2 line item.

-   [In the SPIL Instructions, Financial Plan table, section
    1.3A:]{.underline} Additional information about the OIB funds has
    been added under [Notes about Sources]{.underline}, as follows:

> ["Title VII Funds]{.underline} -- Chapter 2, OIB program funds are
> required to be included in the Financial Plan table only if the OIB
> grantee authorizes the use of any portion of OIB funds to further a
> SPIL objective. If the OIB grantee permits such funds to be used, then
> that portion should be indicated in the corresponding line item of the
> Financial Plan."

Issue 3: Instrument, Part II, section 1.7: Requirement that the DSU
describe how it seeks to incorporate into the State plan any new methods
or approaches for the provision of IL services to older individuals who
are blind under chapter 2.

# Public Comment

Nine commenters had various concerns about this requirement. One of
these commenters, for example, stated that the reference to \"a project"
in 34 CFR 364.28 makes the requirement moot because OIB is no longer a
projects-based discretionary program but a formula program. Four of the
commenters recommended that the SPIL include a brief history of the OIB
program's conversion from a discretionary to a formula program. Others
suggested that the requirement in section 1.7 be fulfilled simply
through a brief description of the OIB program.

# RSA Analysis

The requirement to seek to incorporate into and describe in the SPIL any
new methods and approaches relating to IL services for older individuals
who are blind that are developed by projects funded under chapter 2 and
that are determined to be effective is found in both the chapter 1 and
chapter 2 regulations. [See]{.underline} 34 CFR 364.28 and 367.11(c).
The fact that these regulations reference a project-based program does
not render moot the legal requirement in 34 CFR 364.28. RSA does not
believe that this requirement should be modified in the SPIL because the
corresponding provision in title VII of the Act, section 752(h), refers
to the OIB program not as "a project," but as the "independent living
services for older individuals who are blind." RSA does not believe it
is necessary or appropriate to include the history of the OIB program in
the SPIL because this provision is not contingent upon the program's
status as a discretionary or formula grant. Whether a brief description
of OIB program activities would suffice to fulfill this requirement, the
states may use their discretion in assessing the appropriate response.

# SPIL Changes

None.

Issue 4: Instructions, SPIL Development, first paragraph: Statement that
the State agency or organizational unit providing IL services to older
individuals who are blind may not submit a separate SPIL.

# Public Comment

Three commenters recommended that the statement, "the State agency or
organizational unit providing IL services to individuals who are blind
may not submit a separate SPIL" should be removed because it implies
that OIB program activities and objectives had to be developed or
implemented as part of the SPIL or under the auspices of the SPIL.

# RSA Analysis

RSA disagrees with this recommendation because the statement does not
refer to the OIB program but, where applicable, to the portion of the
chapter 1 program that is administered by the separate state agency or
organizational unit authorized to provide VR services to individuals who
are blind. Although the State plan may designate a State agency or the
organizational unit of a State agency that is authorized under State law
to provide VR services to individuals who are blind under a State VR
plan as the DSU to administer that part of the State IL plan under which
IL services are provided to individuals who are blind, a State agency so
designated may not submit a separate State plan. [See]{.underline} 34
CFR 364.22(c).

# SPIL Changes

None.

Issue 5: Instructions, Background, fifth paragraph: Statement that the
states apply for OIB funds through a process separate from the SPIL

[Public Comment]{.underline}

Three commenters recommend that the words "chapter 2" be added in front
of "OIB" in the following sentence: "States apply for OIB funds through
a process separate from the SPIL."

# RSA Analysis

RSA disagrees with this recommendation because adding the words "chapter
2" in front of "OIB funds" would be unnecessary and redundant since it
is clear from the first sentence of the paragraph, which specifically
describes the OIB program as a chapter 2 program, that the entire
paragraph is about the OIB program.

# SPIL Changes

None.

**Issue 6 Instructions, *What's New* section, second paragraph:
Statement that the SPIL revision more precisely reflects the
requirements of title VII of the Act.**

# Public Comment

Three commenters recommended that that the words "chapter 1" be
specified before "title VII" in the following sentence: "The SPIL
revision more precisely reflects the requirements of title VII of the
Act and the corresponding provisions of the Code of Federal Regulations
(CFR)."

# RSA Analysis

RSA agrees that "chapter 1" should be added, because the SPIL was
revised according to the requirements of chapter 1.

# 

# SPIL Changes

The words "chapter 1" have been added before the words "title VII." The
sentence now reads: "The SPIL revision more precisely reflects the
requirements of chapter 1, title VII of the Act and the corresponding
provisions of the Code of Federal Regulations (CFR)."

Issue 7: Instrument, Part II, section 1.2B: Requirement in that the SPIL
describe the steps planned regarding outreach to populations in the
State that are unserved or underserved by programs under title VII.

# Public Comment

Three commenters recommended that that the words "chapter 1" be
specified after "under title VII" in the following sentence: "Describe
the steps planned regarding outreach to populations in the State that
are unserved or underserved by programs under title VII, including
minority groups and urban and rural populations."

# RSA Analysis

RSA disagrees with this recommendation because the language currently in
the SPIL accurately reflects 34 CFR 364.32. It is true that the
requirement in 34 CFR 364.32 to describe outreach plans clearly applies
only to chapter 1 grantees. However, the populations that these outreach
steps are intended to reach are those that are unserved or underserved
by any program under title VII, which can include older individuals who
are blind.

# SPIL Changes

None.

**Issue 8: Instrument, Part II, the heading for section 1.4: Requirement
about SPIL compatibility with Title VII.**

# Public Comment

Three commenters recommended that the words "chapter 1" be specified
after "title VII" in the following heading: [Compatibility with Title
VII and the CIL Work Plans.]{.underline}

# RSA Analysis

RSA agrees that specifying "chapter 1" of "Title VII" in section 1.4
would better reflect 34 CFR 364.42(e).

# SPIL Changes

The words "chapter 1" have been added before "title VII" in section 1.4
of the SPIL Instrument and Instructions. The heading now reads:
[Compatibility with Chapter 1 of Title VII and the CIL Work
Plans.]{.underline}

Issue 9: Instrument, Part I, Assurances: The reference in Assurance 2.5
to the Older Blind program as a "project."

[Public Comments:]{.underline}

Three commenters recommend that that the words "formula program" be
substituted for "project" in the following assurance: "The DSU will seek
to incorporate into, and describe in, the State plan any new methods or
approaches for the provision of IL services to older individuals who are
blind that are developed under a project funded under chapter 2 of title
VII of the Act and that the DSU determines to be effective."

# RSA Analysis

RSA disagrees with this recommendation because the language in Assurance
2.5 is taken directly from 34 CFR 364.28.

# SPIL Changes

None.

# List of Commenters

Julia Brock

Alabama Department of Rehabilitation Services

Becky W. Criswell, Program Manager for Independent Living

Iowa Department for the Blind

Bob Deaton, Deputy Director of Independent Living Services

Nebraska Commission for the Blind and Visually Impaired

David Eveland

Administrator, Hawaii Services for the Blind Branch

Chair, Independent Living Committee, National Council of State Agencies
for the Blind

Lynda Hall

Mississippi Vocational Rehabilitation for the Blind, Independent Livng,
Districts II, III

Chuk Hamilton, Director

Minnesota State Services for the Blind

Rita Houston, Program Manager

Alabama Department of Rehabilitation Services

Cynthia Speight, Program Manager

North Carolina Independent Living Services for Older Individuals Who Are
Blind

Pearl Van Zandt, Executive Director

Nebraska Commission for the Blind and Visually Impaired

Harold W. Williams, Assistant Bureau Chief

Illinois Bureau of Blind Services