**UNITED STATES DEPARTMENT OF EDUCATION**

**OFFICE OF SPECIAL EDUCATION AND**

**REHABILITATIVE SERVICES**

**REHABILITATION SERVICES ADMINISTRATION**

**WASHINGTON, DC 20202**

**POLICY DIRECTIVE**

**RSA-PD-98-03A**

**RSM-501**

**DATE:** September 14, 1998

**ADDRESSEES:** STATE VOCATIONAL REHABILITATION AGENCIES (GENERAL)

> STATE VOCATIONAL REHABILITATION AGENCIES (BLIND)

STATEWIDE INDEPENDENT LIVING COUNCILS

> CENTERS FOR INDEPENDENT LIVING
>
> VOCATIONAL REHABILITATION SERVICES FOR AMERICAN INDIANS
>
> CLIENT ASSISTANCE PROGRAMS

RSA SENIOR MANAGEMENT TEAM

**SUBJECT:** Revised Provision for the State Plan for Independent Living
(SPIL) under Chapter 1 of Title VII of the Rehabilitation Act of 1973,
as amended (Act) Fiscal Years 1999-2001

**POLICY**: This transmits a revised Section 4 for the SPIL preprint
under Chapter 1 of Title VII of the Act.

> This revised Section 4 is to be used in place of Section 4 that was
> transmitted under Policy Directive 98-03, dated March 4, 1998. This
> revision is necessitated by the 1998 Amendments to the Act signed
> August 7, 1998.

**CITATIONS**

**IN LAW/**

**REGULATIONS:** Sections 705(b)(2)(B) and (5)(C) of the Rehabilitation
Act of 1973, as amended

**EFFECTIVE**

**DATE:** Upon Issuance

**EXPIRATION**

**DATE:** September 30, 2001

**INQUIRIES:** RSA Regional Offices

> Fredric K. Schroeder

Commissioner

**[Section 4]{.underline}**: **Statewide Independent Living Council
(SILC)**

(Sec. 705(a) and (b) of the Act)

4.1 [Composition of the SILC]{.underline} (Sec. 705(b) of the Act; 34
CFR 364.21(b))

+-------------------------------------------------------------+--------+
| > \(1\) State the total number of persons on the SILC.      |        |
+-------------------------------------------------------------+--------+
| > \(2\) State the number of SILC members with disabilities, |        |
| > as defined in 34 CFR 364.4(b), and not employed by a      |        |
| > State agency or a CIL.                                    |        |
+-------------------------------------------------------------+--------+
| > \(3\) Is a representative of the DSU an ex-officio member | YES NO |
| > of the SILC?                                              |        |
+-------------------------------------------------------------+--------+
| > \(4\) State the number of voting members on the SILC.     |        |
+-------------------------------------------------------------+--------+
| > \(5\) State the number of different disability groups     |        |
| > (physical, mental, cognitive, sensory, or multiple)       |        |
| > represented by members of the SILC (up to five).          |        |
+-------------------------------------------------------------+--------+
| > \(6\) Is a CIL director chosen by CIL directors within    | Y N    |
| > the State appointed to the SILC?                          |        |
+-------------------------------------------------------------+--------+
| > \(7\) Does the SILC include representatives from other    | Y N    |
| > State agencies that provide services for individuals with |        |
| > disabilities?                                             |        |
+-------------------------------------------------------------+--------+
| > \(8\) Does the council have a voting membership that is   | Y N    |
| > knowledgeable about CILs and IL services?                 |        |
+-------------------------------------------------------------+--------+
| > \(9\) Do Council members provide statewide                | Y N    |
| > representation?                                           |        |
+-------------------------------------------------------------+--------+
| > \(10\) Is the Council Chairperson elected from among the  | Y N    |
| > voting members of the Council by the voting members of    |        |
| > the Council or the Governor, pursuant to section          |        |
| > 705(b)(5) of the Act?                                     |        |
+-------------------------------------------------------------+--------+
| > \(11\) Is there one or more section 121 (formerly 130)    | Y N    |
| > project in the State?                                     |        |
+-------------------------------------------------------------+--------+
| > \(12\) If #11 is answered as Y, does the Council        | Y N    |
| > include at least 1 representative of the directors of the |        |
| > section 121 projects?                                     |        |
+-------------------------------------------------------------+--------+

> 4.2 [Placement of the SILC]{.underline} (Sec. 705(a) of the Act; 34
> CFR 364.21(a)(2))
>
> The SILC is not established as an entity within any State agency,
> including the DSU, and is independent of the DSU and all other State
> agencies. Following is a brief description of the legal status and
> placement of the SILC:

4.3 [Plan for provision of resources to the SILC (SILC
Budget)]{.underline} (Sec. 705(e) of the Act; 34 CFR 364.21(i))

> \(a\) In conjunction with the DSU, the SILC will prepare a Resource
> Plan (SILC Budget) for the provision of resources, cash or in-kind,
> including staff and personnel, rent, supplies, telephone expenses,
> travel, and other expenses(e.g., child care, personal assistance
> services, and compensation to a member of the SILC, if the member is
> not employed or must forfeit wages from other employment, for each day
> the member is engaged in performing SILC duties) that will be
> necessary to carry out the functions of the SILC during the term of
> the SPIL.
>
> \(b\) The SILC will be responsible for the proper expenditure of funds
> and the use of resources it receives under the SILC Budget.
>
> \(c\) No conditions or requirements are included in the SILC Budget
> that will compromise the independence of the SILC.
>
> \(d\) While assisting the SILC in carrying out its duties under the
> SPIL, staff and other personnel assigned to the SILC under the SILC
> Budget will not be assigned duties by the DSU or other agency or
> office of the State that would create a conflict of interest.

4.4 [Delegation of Appointment of SILC members]{.underline}

> (Sec. 705(b)(7)(B) of the Act)
>
> \(a\) Members of the Council shall be appointed by the Governor after
> soliciting recommendations from representatives of organizations
> representing a broad range of individuals with disabilities and
> organizations interested in individuals with disabilities
>
> \(b\) Except as provided in paragraph 4.4(c), any vacancy occurring in
> the membership of the Council shall be filled in the same manner as
> the original appointment. The vacancy shall not affect the power of
> the remaining members to execute the duties of the Council.

\(c\) The Governor may delegate the authority to fill such a vacancy to
the remaining voting members of the Council after making the original
appointment.

> \(d\) Has the Governor delegated to the remaining members of the
> Council authority to fill SILC vacancies after he or she makes the
> original appointment?
>
> Yes \_\_\_\_\_\_\_ No \_\_\_\_\_\_\_\_
>
> If the answer is yes, please attach a copy of the delegation with
> Attachment 4.
>
> **[Attachment 4]{.underline} describes the SILC Budget and includes a
> copy of the delegation of appointment authority, when appropriate.**