reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-31 - Consumer service record

Current through Register Vol. 40, No. 24, July 15, 2024
A DSU may carry out the functions and responsibilities
					 described in this section, except as otherwise provided, or may delegate them
					 to the appropriate service provider with which the DSU subgrants or contracts
					 to provide IL services. The service provider shall maintain a consumer service
					 record for each applicant for, and each individual receiving, IL services other
					 than information and referral services. A consumer service record may be
					 maintained either electronically or in written form, except that the IL plan
					 and waiver must be in writing. The consumer service record shall
					 include:
1. Documentation concerning
				  eligibility or ineligibility for services;
2. The services requested by the
				  consumer;
3. Either the IL plan
				  developed with the consumer or a waiver signed by the consumer stating that an
				  IL plan is unnecessary;
4. The
				  services actually provided to the consumer;
5. The IL goals or objectives established
				  with the consumer, whether or not in the consumer's IL plan, and the goals or
				  objectives achieved by the consumer; and
6. The individual's participation in the cost
				  of any IL services, including the individual's financial need.
Statutory Authority
§ 51.5-14 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-50 - Ineligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. A DSU may carry
				  out the functions and responsibilities described in this section, except as
				  otherwise provided, or may delegate them to the appropriate service provider
				  with which the DSU subgrants or contracts to provide IL services. If a
				  determination is made that an applicant for IL services is not an individual
				  with a significant disability, the service provider shall provide documentation
				  of the ineligibility determination that is dated and signed by an appropriate
				  staff member.
1. The service provider may
				  determine an applicant to be ineligible for IL services only after full
				  consultation with the applicant or, if the applicant chooses, the applicant's
				  parent, guardian, or other legally authorized advocate or representative, or
				  after providing a clear opportunity for this consultation.
2. The service provider shall notify the
				  applicant in writing of the action taken and inform the applicant or, if the
				  applicant chooses, the applicant's parent, guardian, or other legally
				  authorized advocate or representative, of the applicant's rights and the means
				  by which the applicant may appeal the action taken.
3. The service provider shall provide a
				  detailed explanation of the availability and purposes of the Client Assistance
				  Program established within Virginia under § 112 of the Act, including
				  information on how to contact the program.
4. If appropriate, the service provider shall
				  refer the applicant to other agencies and facilities, including the state's
				  vocational rehabilitation program under Title I ( 29 USC § 701 et seq.) of
				  the Act.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-60 - Order of selection for services

Current through Register Vol. 40, No. 24, July 15, 2024
In the event independent living (IL) services cannot be
					 provided due to limited resources to all eligible persons who apply, the
					 department may implement an order of selection. Under order of selection,
					 applicants determined eligible will be assigned to a priority category and
					 served in the following order:
PRIORITY 1. Persons presently receiving services under an
					 IL plan.
PRIORITY II. Persons whose impairments are so significant
					 that they do not presently have the potential for employment, but whose ability
					 to live and function independently within their family setting or community may
					 be improved by the services.
PRIORITY III. Persons who need independent living services
					 to engage in or maintain employment.
Statutory Authority
§ 51.5-14 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-70 - Independent living plan (IL plan)

Current through Register Vol. 40, No. 24, July 15, 2024
A. A DSU may carry out the functions and
				  responsibilities described in this section, except as otherwise provided, or
				  may delegate them to the appropriate service provider with which the DSU
				  subgrants or contracts to provide IL services. Unless the individual who is to
				  be provided IL services under this part knowingly and voluntarily signs a
				  waiver stating that an IL plan is unnecessary, an IL plan shall be developed
				  and periodically reviewed. The service provider shall provide each IL service
				  in accordance with the IL plan.
1.
				  Development of an individual's IL plan must be initiated after documentation of
				  eligibility. The IL plan must indicate the goals or objectives established, the
				  services to be provided, and the anticipated duration of the service program
				  and each component service.
2. The
				  IL plan must be developed jointly and signed by an appropriate staff member of
				  the service provider and the individual with a significant disability or, if
				  consistent with state law and the individual chooses, the individual's
				  guardian, parent, or other legally authorized advocate or
				  representative.
3. A copy of the IL
				  plan and any amendments must be provided in an accessible format to the
				  individual with a significant disability or, if consistent with state law and
				  the individual chooses, the individual's guardian, parent, or other legally
				  authorized advocate or representative.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-80 - Scope of independent living (IL) services for individuals

Current through Register Vol. 40, No. 24, July 15, 2024
A. In providing
				  independent living (IL) services as required under § 704(e) of the Act and
				  34 CFR
				  364.43(b), a state may use
				  Independent Living Services Program funds to provide directly, or through
				  grants or contracts, the following IL core services:
1. Information and referral services. These
				  services may be provided independently of the other IL core services and
				  without regard to evaluation standards in
				  22VAC30-30-181.
2. IL skills training;
3. Peer counseling, including
				  cross-disability peer counseling; and
4. Individual and systems advocacy.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-90 - Participation by individuals in the cost of services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The service provider shall apply
				  consideration of consumer financial participation uniformly so that all
				  individuals who are eligible for IL services are treated equally. The service
				  provider shall maintain written policies covering the specific types of IL
				  services for which a financial needs test will be applied. The service provider
				  shall document in the consumer service record the individual's participation in
				  the cost of any IL services, including the individual's financial
				  need.
B. Consumer financial
				  participation shall apply only to the following services:
1. Rehabilitation technology goods and
				  services but not the needs assessment;
2. Prostheses and other appliances and
				  devices;
3. Accommodations to or
				  modifications of vehicle or home or any space used to serve or be occupied by
				  individuals with significant disabilities; and
4. Other tangible goods.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-100 - Consideration of similar benefits

Current through Register Vol. 40, No. 24, July 15, 2024
Consideration shall be given in all cases to any similar
					 benefits available to an individual with a disability, or to family members of
					 an individual with a disability, under any program to meet, in whole or in
					 part, the cost of any independent living (IL) services, except IL core
					 services.
Statutory Authority
§ 51.5-14 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-110 - Consumer appeal procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Each service provider shall establish policies and procedures that an
				  individual may use to obtain review of decisions made by the service provider
				  concerning the individual's request for IL services or the provision of IL
				  services to the individual. The service provider shall use formats that are
				  accessible to inform each individual who seeks or is receiving IL services from
				  the service provider about the procedures required by this section.
B. All service providers shall use formats
				  that are accessible to notify individuals seeking or receiving IL services
				  under Chapter 1 ( 29 USC § 796 et seq.) of Title VII of the Act about the
				  availability of the Client Assistance Program (CAP) authorized by § 112 of
				  the Act, the purposes of the services provided under the CAP, and how to
				  contact the CAP.
Statutory Authority
§ 51.5-14 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part I - Independent Living Services Program And Centers For Independent Living Program:General Provisions › Section 22VAC30-30-120 - Protection, use and release of personal information

Current through Register Vol. 40, No. 24, July 15, 2024
A. A DSU may carry out the functions and
				  responsibilities described in this section, except as otherwise provided, or
				  may delegate them to the appropriate service provider with which the DSU
				  subgrants or contracts to provide IL services. The service provider shall adopt
				  and implement policies and procedures to safeguard the confidentiality of all
				  personal information, including photographs and lists of names. These policies
				  and procedures must ensure that:
1. Specific
				  safeguards protect current and stored personal information;
2. All applicants for, or recipients of, IL
				  services and, as appropriate, those individuals' legally authorized
				  representatives, service providers, cooperating agencies, and interested
				  persons are informed of the confidentiality of personal information and the
				  conditions for gaining access to and releasing this information;
3. All applicants or their legally authorized
				  representatives are informed about the service provider's need to collect
				  personal information and the policies governing its use, including:
a. Identification of the authority under
				  which information is collected;
b.
				  Explanation of the principal purposes for which the service provider intends to
				  use or release the information;
c.
				  Explanation of whether providing requested information to the service provider
				  is mandatory or voluntary and the effects to the individual of not providing
				  requested information;
d.
				  Identification of those situations in which the service provider requires or
				  does not require informed written consent of the individual or his legally
				  authorized representative before information may be released; and
e. Identification of other agencies to which
				  information is routinely released;
4. Persons who are unable to communicate in
				  English or who rely on alternative modes of communication must be provided an
				  explanation of service provider policies and procedures affecting personal
				  information through methods that can be adequately understood by
				  them;
5. At least the same
				  protections are provided to individuals with significant disabilities as
				  provided by the state laws and regulations; and
6. Access to records is governed by rules
				  established by the service provider and any fees charged for copies of records
				  are reasonable and cover only extraordinary costs of duplication or making
				  extensive searches.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part II - Centers For Independent Living (CIL) Program › Section 22VAC30-30-131 - Agencies eligible for CIL program

Current through Register Vol. 40, No. 24, July 15, 2024
A. Regarding both federally and state-funded
				  centers for independent living (CILs), the state plan must include a design for
				  the establishment of a statewide network of centers that comply with the
				  standards and assurances in § 725(b) and (c) of the Act,
				  22VAC30-30-171, and
				  22VAC30-30-181. The design must
				  identify unserved and underserved areas and must provide an order of priority
				  for serving these areas.
B. This
				  subsection is applicable to federally funded CILs. In any state in which the
				  Secretary of the U.S. Department of Education has approved the state plan
				  required by § 704 of the Act, an applicant may receive a grant under
				  subsection C or D of this section, as applicable, if:
1. The applicant demonstrates in its
				  application that it has the power and authority to:
a. Carry out the purpose of Part C of Chapter
				  1 ( 29 USC § 796 et seq.) of Title VII of the Act and perform the
				  functions listed in § 725(b) and (c) of the Act,
				  22VAC30-30-171, and
				  22VAC30-30-181 within a community
				  located within the state or in a bordering state, including Washington,
				  D.C.;
b. Receive and administer
				  funds under 34 CFR Part 366 Centers for Independent Living Program funds and
				  contributions from private or public sources that may be used in support of a
				  center, and funds from other public and private programs; and
c. Plan, conduct, administer, and evaluate a
				  center consistent with the standards and assurances in § 725(b) and (c) of
				  the Act, 22VAC30-30-171, and
				  22VAC30-30-181.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part II - Centers For Independent Living (CIL) Program › Section 22VAC30-30-141 - Order of priorities for centers for independent living

Current through Register Vol. 40, No. 24, July 15, 2024
A. This subsection
				  is applicable to federally funded CILs. For grants under subsection C of
				  22VAC30-30-131, in accordance with
				  a state's allotment and to the extent funds are available, the order of
				  priorities for allocating funds among centers within a state is as follows:
1. Existing centers as described in
				  34 CFR
				  366.23 that comply with the standards and
				  assurances in § 725(b) and (c) of the Act,
				  22VAC30-30-171, and
				  22VAC30-30-181 first receive the
				  level of funding each center received in the previous year. However, any funds
				  received by an existing center to establish a new center at a different
				  geographical location in response to subdivision B 2 b of
				  22VAC30-30-131 are not included in
				  determining the level of funding to the existing center in any fiscal year that
				  the new center applies for and receives funds as a separate center.
2. Existing centers that meet the
				  requirements of subdivision 1 of this subsection then receive a cost-of-living
				  increase in accordance with procedures consistent with § 721(c)(3) of the
				  Act.
3. New centers that comply
				  with the standards and assurances in § 725(b) and (c) of the Act,
				  22VAC30-30-171, and
				  22VAC30-30-181 are considered
				  next. If, after meeting the priorities in subdivisions 1 and 2 of this
				  subsection, there are insufficient funds under the state's allotment under
				  § 721(c) and (d) of the Act to fund a new center, the Secretary of the
				  U.S. Department of Education may (i) use the excess funds in the state to
				  assist existing centers consistent with the state plan or (ii) reallot these
				  funds in accordance with § 721(d) of the Act.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part II - Centers For Independent Living (CIL) Program › Section 22VAC30-30-150 - Governing board of centers for independent living

Current through Register Vol. 40, No. 24, July 15, 2024
Each center shall be governed by a board established for
					 the sole purpose of operating a center for independent living. The board shall
					 consist of no fewer than seven persons and shall contain a majority number of
					 individuals with significant disabilities who shall provide a cross-disability
					 representation. The center will be designed and operated within local
					 communities by individuals with disabilities, including an assurance that the
					 center will have a board that is the principle governing body of the center and
					 a majority of which must be composed of individuals with significant
					 disabilities. This governing board shall be established prior to the submission
					 of a grant proposal to fund such a CIL. Only the board established for the
					 purpose of operating a CIL is eligible to receive grants and contracts from the
					 department.
Statutory Authority
§ 51.5-14 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part II - Centers For Independent Living (CIL) Program › Section 22VAC30-30-160 - Staff

Current through Register Vol. 40, No. 24, July 15, 2024
A. The majority of
				  the center for independent living (CIL) staff and individuals with
				  decision-making positions shall be individuals with disabilities.
B. The staff of the service provider shall
				  include personnel who are specialists in the development and provision of IL
				  services and in the development and support of centers.
C. CILs shall meet all relevant licensure,
				  certification, bonding, and insurance requirements of the Department for Aging
				  and Rehabilitative Services.
D. To
				  the maximum extent feasible, the service provider must make available personnel
				  able to communicate (i) with individuals with significant disabilities who rely
				  on alternative modes of communication, such as manual communication, nonverbal
				  communication devices, Braille, or audio tapes, and who apply for or receive IL
				  services under Title VII of the Act, and (ii) in the native languages of
				  individuals with significant disabilities whose English proficiency is limited
				  and who apply for or receive IL services under Title VII of the Act.
E. Staff at centers will receive training on
				  how to serve unserved and underserved populations, including minority groups
				  and urban and rural populations.
F.
				  The service provider shall establish and maintain a program of staff
				  development for all classes of positions involved in providing IL services and,
				  if appropriate, in administering the CIL program. The staff development program
				  must emphasize improving the skills of staff directly responsible for the
				  provision of IL services, including knowledge of and practice in the IL
				  philosophy.
Statutory Authority
§ 51.5-131 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part II - Centers For Independent Living (CIL) Program › Section 22VAC30-30-171 - CIL assurances

Current through Register Vol. 40, No. 24, July 15, 2024
To be eligible for assistance under the Centers for
					 Independent Living Program, an eligible agency shall provide satisfactory
					 assurances that:
1. The applicant is
				  an eligible agency;
2. The center
				  will be designed and operated within local communities by individuals with
				  disabilities, including an assurance that the center will have a board that is
				  the principal governing body of the center and a majority of which will be
				  composed of individuals with significant disabilities;
3. The applicant will comply with the
				  standards in
				  22VAC30-30-181;
4. The applicant will establish clear
				  priorities through:
a. Annual and three-year
				  program and financial planning objectives for the center, including overall
				  goals or a mission for the center;
b. A work plan for achieving the goals or
				  mission, specific objectives, service priorities, and types of services to be
				  provided;
A description that demonstrates how the proposed activities
					 of the applicant are consistent with the most recent three-year State Plan
					 under § 704 of the Act;
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part II - Centers For Independent Living (CIL) Program › Section 22VAC30-30-181 - Evaluation standards

Current through Register Vol. 40, No. 24, July 15, 2024
To be eligible to receive funds under the Centers for
					 Independent Living Program an applicant must agree to comply with the following
					 evaluation standards:
1. Evaluation
				  standard 1, Philosophy. The center shall promote and practice the IL philosophy
				  of:
a. Consumer control of the center
				  regarding decisionmaking, service delivery, management, and establishment of
				  the policy and direction of the center;
b. Self-help and self-advocacy;
c. Development of peer relationships and peer
				  role models;
d. Equal access of
				  individuals with significant disabilities to all of the center's services,
				  programs, activities, resources, and facilities, whether publicly or privately
				  funded, without regard to the type of significant disability of the individual;
				  and
e. Promoting equal access of
				  individuals with significant disabilities to all services, programs,
				  activities, resources, and facilities in society, whether public or private,
				  and regardless of funding source, on the same basis that access is provided to
				  other individuals with disabilities and to individuals without
				  disabilities.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part II - Centers For Independent Living (CIL) Program › Section 22VAC30-30-211 - Periodic review of centers for independent living (CILs)

Current through Register Vol. 40, No. 24, July 15, 2024
A. This subsection
				  is applicable to state-funded CILs and CILs receiving funds under § 723 of
				  the Act and subsection D of
				  22VAC30-30-131. The director of
				  the DSU shall periodically review each center to determine whether the center
				  is in compliance with the standards and assurances in § 725(b) and (c) of
				  the Act, 22VAC30-30-171, and
				  22VAC30-30-181. For purposes of
				  this section, in the case of a state in which there is both a DSU responsible
				  for providing IL services to the general population and a DSU responsible for
				  providing IL services for individuals who are blind, the "director" shall be
				  the director of the general DSU. These state units shall periodically consult
				  with each other with respect to the provision of services for individuals who
				  are blind.
1. For state-funded CILs, the
				  periodic review shall include annual on-site compliance reviews of at least 15
				  percent of the centers.
2. For CILs
				  receiving funds under § 723 of the Act and subsection D of
				  22VAC30-30-131, the periodic
				  review shall include annual on-site compliance reviews of at least 15% of the
				  centers.
3. Each team that conducts
				  an on-site compliance review shall include at least one person who is not an
				  employee of the designated state agency, who has experience in the operation of
				  centers, and who is jointly selected by the director of the DSU and the
				  chairperson of the Statewide Independent Living Council (council), or other
				  individual designated by the council to act on behalf of and at the direction
				  of the council.
4. A copy of each
				  review shall be provided to the council. For centers receiving funds under
				  § 723 of the Act and subsection D of
				  22VAC30-30-131, a copy shall also
				  be provided to the Secretary of the U.S. Department of Education.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part II - Centers For Independent Living (CIL) Program › Section 22VAC30-30-220 - Appeal procedures for CILs

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  This subsection is applicable to centers receiving funds under § 723 of
				  the Act. To obtain the Secretary of the U.S. Department of Education review of
				  a director's final written decision to disapprove a center's corrective action
				  plan submitted under subdivision C 1 of
				  22VAC30-30-211, the center shall
				  file, within 30 days from receipt of the director's final written decision, a
				  formal written appeal with the secretary giving the reasons why the center
				  believes that the director should have approved the center's corrective action
				  plan. For purposes of this section, in the case of a state in which there is
				  both a DSU responsible for providing IL services to the general population and
				  a DSU responsible for providing IL services for individuals who are blind, the
				  "director" shall be the director of the general DSU. These DSUs shall
				  periodically consult with each other with respect to the provision of services
				  for individuals who are blind.
B.
				  This subsection is applicable to centers receiving funds under § 723 of
				  the Act. To obtain the Secretary of the U.S. Department of Education's review
				  of a decision described in a director's initial written notice, a center that
				  does not submit a corrective action plan to a director shall file, in
				  accordance with subdivision C 1 a (1) of this section, a formal written appeal
				  with the secretary giving the reasons why the center believes that the director
				  should have found the center in compliance with the standards and assurances in
				  § 725(b) and (c) of the Act,
				  22VAC30-30-171, and
				  22VAC30-30-181.
C. This subsection is applicable to centers
				  receiving funds under § 723 of the Act and subsection D of
				  22VAC30-30-131. To appeal to the
				  Secretary of the U.S. Department of Education a decision described in a
				  director's initial written notice or a director's final written decision to
				  disapprove a center's corrective action plan and to terminate or take other
				  significant adverse action:
1. A center shall
				  file with the secretary:
a. A formal written
				  appeal:
(1) On or after the 90th day but not
				  later than the 120th day following a center's receipt of a director's initial
				  written notice; or
(2) On or before
				  the 30th day after a center's receipt of the director's final written decision
				  to disapprove a center's corrective action plan and to terminate or take other
				  significant adverse action;
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part II - Centers For Independent Living (CIL) Program › Section 22VAC30-30-230 to 22VAC30-30-240

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part III - Independent Living Services (ILS) Program › Section 22VAC30-30-241 - Agencies eligible for ILS program

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part III - Independent Living Services (ILS) Program › Section 22VAC30-30-250 - Referrals

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part III - Independent Living Services (ILS) Program › Section 22VAC30-30-260 - Authorized use of ILS funds

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part III - Independent Living Services (ILS) Program › Section 22VAC30-30-270 - Grants or contracts for IL services

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 30 - PROVISION OF INDEPENDENT LIVING REHABILITATION SERVICES › Part III - Independent Living Services (ILS) Program › Section 22VAC30-30-280 - Standards for service providers

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 40 - PROTECTIONS OF PARTICIPANTS IN HUMAN RESEARCH › Section 22VAC30-40-30 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall apply to the Department for Aging and
				  Rehabilitative Services, the Wilson Workforce and Rehabilitation Center, area
				  agencies on aging, sheltered workshops, and independent living centers, known
				  as covered entities.
Statutory Authority: 51.5-131 and 51.5-132 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 40 - PROTECTIONS OF PARTICIPANTS IN HUMAN RESEARCH › Section 22VAC30-40-50 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. No later than 45
				days after the end of each state fiscal year, the Wilson Workforce and
				Rehabilitation Center, area agencies on aging, sheltered workshops, and
				independent living centers shall send a written report to the commissioner
				giving assurance that either all human subjects research conducted during the
				fiscal year was reviewed and approved by the department's HRRC prior to
				implementation of that research or that no human subjects research was
				conducted during that state fiscal year.
B. At the time that the research is approved
				by the HRRC, the HRRC chairperson shall send to the commissioner a description
				of the research project to be undertaken, which shall include a statement of
				the criteria for inclusion of prospective human subjects in the research
				project, a description of what will be done to prospective human subjects, and
				the type of review performed by the HRRC.
C. The commissioner may inspect the records
				of the department's HRRC.
D. The
				HRRC shall have authority to suspend or terminate approval of research that is
				not being conducted in accordance with the HRRC's requirements or that has been
				associated with unexpected serious harm to subjects. Any suspension or
				termination of approval shall include a statement of the reasons for the HRRC's
				action and shall be reported promptly to the research investigator, the
				commissioner, the heads of other appropriate covered entities, and in the case
				of cooperative research, the institutional officials responsible for human
				subjects research.
E. Research
				covered by this chapter that has been approved by the HRRC may be subject to
				further appropriate review and approval or disapproval by officials of the
				covered entities. However, those officials shall not approve the research if
				the research has not been approved by the HRRC.
Statutory Authority: 51.5-131 and 51.5-132 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 40 - PROTECTIONS OF PARTICIPANTS IN HUMAN RESEARCH › Section 22VAC30-40-60 - Composition of the HRRC

Current through Register Vol. 40, No. 24, July 15, 2024
A. The HRRC
				shall have at least five members, appointed by the commissioner, with varying
				backgrounds to promote complete and adequate review of research projects
				commonly conducted by covered entities. The HRRC shall be sufficiently
				qualified through the experience and expertise of its members and the diversity
				of the members, including consideration of race, gender, and cultural
				background, and sensitivity to such issues as community attitudes, to promote
				respect for its advice and counsel in safeguarding the rights and welfare of
				human subjects. In addition to possessing the professional competence necessary
				to review specific research projects, the HRRC shall be able to ascertain the
				acceptability of proposed research in terms of the department's commitments and
				regulations, applicable law, standards of professional conduct and practice,
				and community attitudes. If the HRRC regularly reviews research that involves a
				vulnerable category of subjects, such as children, prisoners, individuals with
				impaired decision-making capacity, or economically or educationally
				disadvantaged persons, consideration shall be given to the inclusion of one or
				more individuals who are knowledgeable about and experienced in working with
				these subjects. When minors with disabilities or persons with intellectual or
				developmental disabilities are purposefully included as research subjects, the
				HRRC's membership shall include at least one person who is primarily concerned
				with the welfare of these research subjects.
B. Every nondiscriminatory effort shall be
				made to ensure that the HRRC does not consist entirely of men or entirely of
				women, including the department's consideration of qualified persons of both
				sexes, so long as no selection is made to the HRRC on the basis of gender. The
				HRRC shall not consist entirely of members of one profession.
C. The HRRC shall include:
1. At least one member whose primary concerns
				are in nonscientific areas;
2. At
				least one member who is not otherwise affiliated with a covered entity and who
				is not part of the immediate family of a person who is affiliated with a
				covered entity; and
3. At least one
				member whose primary concerns are in the scientific areas.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 40 - PROTECTIONS OF PARTICIPANTS IN HUMAN RESEARCH › Section 22VAC30-40-80 - Kinds of research exempt from committee review

Current through Register Vol. 40, No. 24, July 15, 2024
Research activities in which the involvement of human
				  participants shall be limited to one or more of the following categories shall
				  be exempt from this chapter unless the research is covered by other sections of
				  this chapter. The HRRC shall determine whether the proposed research project
				  satisfies at least one of the following exemption categories in this section
				  before the research may be conducted pursuant to the exemption provided under
				  this section:
1. Category 1. Research
				conducted in established or commonly accepted educational settings, involving
				normal educational practices that are not likely to impact adversely student
				opportunity to learn required educational content or the assessment of
				educators who provide instruction, such as:
a.
				Research on regular and special education instructional strategies;
				or
b. Research on the effectiveness
				of or the comparison among instructional techniques, curriculum, or classroom
				management methods.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 40 - PROTECTIONS OF PARTICIPANTS IN HUMAN RESEARCH › Section 22VAC30-40-90 - Expedited review procedures for certain kinds of research involving no more than minimal risk, and for minor changes in approved research

Current through Register Vol. 40, No. 24, July 15, 2024
A. The HRRC may use
				the expedited review procedure for categories of research that are listed in 63
				FR 60364-60367 where one or more of the following apply:
1. Some or all of the research appearing on
				the list and found by the reviewer to involve no more than minimal
				risk.
2. Minor changes in
				previously approved research during the period of one year or less for which
				approval is authorized; or
3.
				Research for which limited review is a condition of exemption under
				22VAC30-40-80 B 3, 22VAC30-40-80 C 1 c, and 22VAC30-40-80 G and H.
Under an expedited review procedure, the review may be
				  carried out by the HRRC chairperson or by one or more experienced reviewers
				  designated by the chairperson from among members of the HRRC. In reviewing the
				  research, reviewers may exercise all of the authorities of the HRRC except that
				  reviewers may not disapprove the research. A research proposal may be
				  disapproved only after review by a convened meeting of the HRRC in which a
				  quorum is present and in accordance with procedure set forth in
				  22VAC30-40-70.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 40 - PROTECTIONS OF PARTICIPANTS IN HUMAN RESEARCH › Section 22VAC30-40-120 - Mandatory reporting

Current through Register Vol. 40, No. 24, July 15, 2024
The HRRC shall submit to the Governor, the General Assembly,
				  and the commissioner or his designee at least annually a report on the human
				  subjects research projects reviewed and approved by the HRRC, including any
				  significant deviations from the proposals as approved.
Statutory Authority
§§ 51.5-131 and 51.5-132 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 40 - PROTECTIONS OF PARTICIPANTS IN HUMAN RESEARCH › Section 22VAC30-40-130 - Role of the commissioner

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				commissioner shall maintain records of federal assurances, annual reports, and
				summary descriptions of research projects.
B. The commissioner shall review
				communications from the HRRC reporting violations of research protocols that
				led to suspension or termination of the research to ensure that appropriate
				steps have been taken for the protection of the rights of human
				subjects.
C. The commissioner shall
				arrange for printing and dissemination of copies of this chapter.
D. The commissioner may require that support
				for a project be terminated or suspended in the manner prescribed in applicable
				program requirements when the commissioner finds a covered entity has
				materially failed to comply with the terms of this chapter.
E. In making decisions about supporting or
				approving applications or proposals covered by this chapter, the commissioner
				may take into account, in addition to all other eligibility requirements and
				program criteria, factors such as whether the applicant has been subject to a
				termination or suspension under subsection D of this section and whether the
				applicant or the person who would direct or has directed the scientific and
				technical aspects of an activity has, in the judgment of the commissioner,
				materially failed to discharge responsibility for the protection of the rights
				and welfare of human subjects (whether or not the research was subject to
				federal regulation).
Statutory Authority: §§
											51.5-131
					 and
					 51.5-132
					 of the Code of Virginia.