DEPARTMENT OF HEALTH & HUMAN SERVICES Administration for Community Living

 Washington, D.C. 20201

SILC Indicators and DSE Assurances 9.2017

State Independent Living Council Indicators 

&

Designated State Entity Assurances

Indicators of minimum compliance for Statewide Independent Living Councils (SILC) as 

required by the Rehabilitation Act (Section 706(b), 29 U.S.C. Sec 796d-1(b)), as amended and 

supported by 45 CFR 1329.14-1329.16; and Assurances for Designated State Entities (DSE) as 

permitted by Section 704(c)(4) of the Rehabilitation Act (29 U.S.C. Sec. 796c(c)(4)), as 

amended. 

(a) IN GENERAL. –

Each Statewide Independent Living Council (SILC) that receives resources under this part 

shall carry out the activities of the SILC found in 45 CFR 1329.15(a) and comply with the 

indicators set out in subsection (b) of this document, and provide and comply with assurances 

set out in subsection (c) of this document in order to ensure that all activities under this part 

are planned, conducted, administered, and evaluated in a manner consistent with the purposes 

of this chapter and the objective of carrying out activities to better serve individuals with 

disabilities and helping achieve the purposes of the Act (45 CFR 1329.15(d)). 

(b) STATE INDEPENDENT LIVING COUNCIL INDICATORS. –

(1) SILC written policies and procedures must include:

a. A method for recruiting members, reviewing applications, and regularly providing 

recommendations for eligible appointments to the appointing authority; 

b. A method for identifying and resolving actual or potential disputes and conflicts 

of interest that are in compliance with State and federal law;

c. A process to hold public meetings and meet regularly as prescribed in 45 CFR 

1329.15(a)(3);

d. A process and timelines for advance notice to the public of SILC meetings in 

compliance with State and federal law and 45 CFR 1329.15(3);

e. A process and timeline for advance notice to the public for SILC “Executive 

Session” meetings, that are closed to the public, that follow applicable federal and 

State laws;

i. “Executive Session” meetings should be rare and only take place to 

discuss confidential SILC issues such as but not limited to staffing.
SILC Indicators and DSE Assurances 9.2017

ii. Agendas for “Executive Session” meetings must be made available to the 

public, although personal identifiable information regarding SILC staff 

shall not be included;

f. A process and timelines for the public to request reasonable accommodations to 

participate during a public Council meeting;

g. A method for developing, seeking and incorporating public input into, 

monitoring, reviewing and evaluating implementation of the State Plan as 

required in 45 CFR 1329.17; and

h. A process to verify centers for independent living are eligible to sign the State 

Plan in compliance with 45 CFR 1329.17(d)(2)(iii).

(2) The SILC maintains regular communication with the appointing authority to ensure 

efficiency and timeliness of the appointment process. 

(3) The SILC maintains individual training plans for members that adhere to the SILC 

Training and Technical Assistance Center’s SILC training curriculum. 

(4) The SILC receives public input into the development of the State Plan for Independent 

Living in accordance with 45 CFR 1329.17(f) ensuring:

a. Adequate documentation of the State Plan development process, including but not 

limited to, a written process setting forth how input will be gathered from the 

state’s centers for independent living and individuals with disabilities throughout 

the state, and the process for how the information collected is considered. 

b. All meetings regarding State Plan development and review are open to the public 

and provides advance notice of such meetings in accordance with existing State 

and federal laws and 45 CFR 1329.17(f)(2)(i)-(ii);

c. Meetings seeking public input regarding the State Plan provides advance notice of 

such meetings in accordance with existing State and federal laws, and 45 CFR 

1329.17(f)(2)(i);

d. Public meeting locations, where public input is being taken, are accessible to all 

people with disabilities, including, but not limited to:

i. proximity to public transportation, 

ii. physical accessibility, and 

iii. effective communication and accommodations that include auxiliary aids 

and services, necessary to make the meeting accessible to all people with 

disabilities. 

e. Materials available electronically must be 508 compliant and, upon request, 

available in alternative and accessible format including other commonly spoken 

languages.

(5) The SILC monitors, reviews and evaluates the State Plan in accordance with 45 CFR 

1329.15(a)(2) ensuring:
SILC Indicators and DSE Assurances 9.2017

a. Timely identification of revisions needed due to any material change in State law, 

state organization, policy or agency operations that affect the administration of the 

State Plan approved by the Administration for Community Living.

(6) The SILC State Plan resource plan includes:

a. Sufficient funds received from:

i. Title VII, Part B funds;

1. If the resource plan includes Title VII, Part B funds, the State Plan 

provides justification of the percentage of Part B funds to be used 

if the percentage exceeds 30 percent of Title VII, Part B funds 

received by the State;

ii. Funds for innovation and expansion activities under Sec. 101 (a)(18) of 

the Act, 29 U.S.C. Sec. 721(a)(18), as applicable;

iii. Other public and private sources.

b. The funds needed to support:

i. Staff/personnel;

ii. Operating expenses;

iii. Council compensation and expenses; 

iv. Meeting expenses including meeting space, alternate formats, interpreters, 

and other accommodations; 

v. Resources to attend and/or secure training and conferences for staff and 

council members and;

vi. Other costs as appropriate.

(c) STATE INDEPENDENT LIVING COUNCIL ASSURANCES. –

(1) The SILC regularly (not less than annually) provides the appointing authority 

recommendations for eligible appointments; 

(2) The SILC is composed of the requisite members set forth in the Act (Sec. 705(b)(2), 29 

U.S.C. Sec. 796 (b)(2));

(3) The SILC terms of appointment adhere to the Act (Sec. 705(b)(6), 29 U.S.C Sec 

796(b)(6));

(4) The SILC is not established as an entity within a State agency in accordance with 45 CFR 

Sec. 1329.14(b); 

(5) The SILC will make the determination of whether it wants to utilize DSE staff to carry 

out the functions of the SILC; 

a. The SILC must inform the DSE if it chooses to utilize DSE staff;

b. The SILC assumes management and responsibility of such staff with regard to 

activities and functions performed for the SILC in accordance with the Act (Sec. 

705(e)(3), 29 U.S.C. 796(e)(3)).
SILC Indicators and DSE Assurances 9.2017

(6) The SILC shall ensure all program activities are accessible to people with disabilities;

(7) The State Plan shall provide assurances that the designated State entity, any other agency, 

office, or entity of the State will not interfere with operations of the SILC, except as 

provided by law and regulation and;

(8) The SILC actively consults with unserved and underserved populations in urban and rural

areas that include, indigenous populations as appropriate for State Plan development as 

described in Sec. 713 (b)(7) the Act regarding Authorized Uses of Funds (29 U.S.C. Sec. 

796e-2(b)(7)).

(d) DESIGNATED STATE ENTITY ASSURANCES

(1) The DSE acknowledges its role as the fiscal intermediary to receive, account for, and 

disburse funds received by the State to support Independent Living Services in the State;

(2) The DSE must make timely and prompt payments to Part B funded SILCs and CILs:

a. When the reimbursement method is used, the DSE must make a payment within 

30 calendar days after receipt of the billing, unless the agency or pass-through 

entity reasonably believes the request to be improper;

b. When necessary, the DSE will advance payments to Part B funded SILCs and 

CILs to cover its estimated disbursement needs for an initial period generally 

geared to the mutually agreed upon disbursing cycle;

c. The DSE will accept requests for advance payments and reimbursements at least 

monthly when electronic fund transfers are not used, and as often as necessary 

when electronic transfers are used, in accordance with the provisions of the 

Electronic Fund Transfer Act (15 U.S.C. 1693-1693r);

(3) The DSE will abide by SILC determination of whether the SILC want to utilize DSE 

staff;

a. If the SILC informs the DSE that the SILC wants to utilize DSE staff, the DSE 

assures that management of such staff with regard to activities and functions 

performed for the SILC is the sole responsibility of the SILC in accordance with 

Sec. 705(e)(3) of the Act(Sec. 705(e)(3), 29 U.S.C. 796(e)(3));

(4) The DSE will assure that the agency keeps appropriate records, in accordance with 

federal and State law, and provides access to records by the federal funding agency upon 

request;

(5) The DSE assures that the SILC is established as an autonomous entity within the State as 

required in Sec 1329.14 of the WIOA regulations;

(6) The DSE will not interfere with the business or operations of the SILC that include but 

are not limited to:

a. Expenditure of federal funds,

b. Meeting schedules and agendas,
SILC Indicators and DSE Assurances 9.2017

c. SILC board business,

d. Voting actions of the SILC Board,

e. Personnel actions,

f. Allowable travel,

g. Trainings and;

(7) The DSE will fully cooperate with the SILC in the nomination and appointment process 

for the SILC in the State.