Key Provisions of the Independent Living Final Rule 

October 2016 

In July 2014, the Workforce Innovation and Opportunity Act (WIOA) was signed into law, transferring 

the Independent Living programs, the National Institute on Disability, Independent Living, and 

Rehabilitation Research (NIDILRR), and the Assistive Technology programs to ACL, and creating the 

Independent Living Administration. The transition of these three important programs reflects their 

strong alignment with ACL’s current efforts and mission—to maximize the independence, well-being, 

and health of older adults and people with disabilities, and the families and caregivers of both. 

In addition to moving IL programs from the Department of Education (ED) to the Department of Health 

and Human Services (HHS), WIOA also included statutory changes that affect IL programs including the 

addition of new core services, shifts in the process of developing and adopting state plans and changes 

in the functions of the SILC. 

The final rule for Independent Living (IL) programs was developed in close coordination with the 

independent living network and addresses the requirements of the Rehabilitation Act of 1973, as 

amended by the Workforce Innovation and Opportunity Act (WIOA). The rule provides clarification of 

definitions and processes to reflect the independent living philosophy that is integral to WIOA.

Specifically, the rule: 

 Provides guidance on the implementation of WIOA’s addition of new “core services,” which specify 

that all CILs must: 

o Facilitate the transition of individuals with significant disabilities from nursing homes and 

other institutions to home and community-based settings. This includes providing 

consumer-controlled supports and services and the advocacy needed to move from an 

institutional setting to community-based setting; 

o Provide assistance, services and supports to individuals with significant disabilities who selfidentify as being at risk of entering institutions so that the individuals may remain in the 

community; 

o Facilitate the transition of youth with significant disabilities who are no longer in school and 

no longer receiving services under section 614(d) of IDEA. 

 The focus of this core service is postsecondary transition. If a person is still receiving 

services under the IDEA, they are not eligible to receive youth transition services under 

WIOA. 

 Transition services for youth prior to post-secondary life are important in order to 

prepare youth for a successful transition into adult life. However, some youth transition 

activities not covered under the fifth core services may be included within the other 

four core services, Sec. 7 (17)(A-D) of the Act, 29 U.S.C. 705(17)(A-D), as well as within 

the Independent Living Services in Sec. 7(18), 29 U.S.C. 705(18) , and CILs should 

continue to report their work in these areas accordingly. 
 Clarifies key definitions. For example: 

o “Consumer control” as applied to individuals is explicitly defined to mean that the person with a 

disability has control over his or her personal life choices and independent living plan and has 

the right to make informed choices about content, goals and implementation. 

o “Personal assistance services” is now defined to explicitly include assistance with activities that 

are not related to employment, such as social activities and parenting. 

 In the context of the mission of CILs to facilitate transitions for people with disabilities to 

community-based settings, the final rule adopts the comments from stakeholders on the NPRM 

to not specifically define “institution” in order to avoid creating the incorrect perception that 

only specifically named facilities were covered. 

 Clarifies provisions of WIOA that give greater responsibility and authority for IL programs and 

state-level IL planning to the organizations and entities with the greatest knowledge and 

expertise. Specifically, the rule addresses the roles and responsibilities of the State Independent 

Living Council, as defined by WIOA. For example, the final rule: 

o Clarifies the significantly expanded role of SILCs and CILs in developing State Plans for 

Independent Living. 

o Includes additional details of what must be included in the SILC Resource Plan to carry out 

the functions of the SILC. The rule says: The State plan should include staff/personnel, 

operating expenses, council compensation and expenses, meeting expenses, including 

public hearing expenses, such as meeting space, alternate formats, interpreters, and other 

accommodations, resources to attend and/or secure training for staff and council members, 

other costs as appropriate. 

o Addresses the SILC’s new authority to conduct resource development activities to support 

the provision of services by Centers for Independent Living. Resource development 

activities include annual fund drives and other solicitation of funds from private donors, as 

well as applying for grants. 

o Clarifies that SILCs are independent from other state agencies.