State Plan for Independent Living (SPIL) for Indiana for 2014-2016

State:Indiana

Agency:Indiana Division of Disability and Rehabilitative Services

Plan for:2014-2016

Submitted in fiscal year:2013

View grant H169A130020 in the Grant Award screen.

1.1 The designated State unit (DSU) eligible to submit the State Plan for Independent Living (SPIL or the plan) and authorized under State law to perform the functions of the State under the State Independent Living Services (SILS) and Centers for Independent Living (CIL) programs.

Bureau of Rehabilitation Services

1.2 The separate State agency eligible to submit the plan and authorized under State law to provide vocational rehabilitation (VR) services to individuals who are blind.

Non-Applicable

1.3 The Statewide Independent Living Council (SILC) that meets the requirements of section 705 of the Act and is authorized to perform the functions outlined in section 705(c) of the Act in the State.

Indiana Council on Independent Living

1.4 The DSU and, if applicable, the separate State agency authorized to provide VR services to individuals who are blind, and the SILC are authorized to jointly develop, sign and submit this SPIL on behalf of the State, and have adopted or otherwise formally approved the SPIL.Yes

1.5 The DSU, and, if applicable, the separate State agency authorized to provide VR services to individuals who are blind, may legally carry out each provision of the plan and will comply with all applicable Federal statutes and regulations in effect with respect to the three-year period it receives funding under the SPIL.Yes

1.6 The SPIL is the basis for State operation and administration of the program. All provisions of the SPIL are consistent with State law.Yes

1.7 The representative of the DSU and, if applicable, of the separate State agency authorized to provide VR services to individuals who are blind, who has the authority under State law to receive, hold, and disburse Federal funds made available under the SPIL and to submit the SPIL jointly with the SILC chairperson is Nicole Norvell, Acting Director, Bureau of Rehabilitation Services.

2.1 The plan shall be reviewed and revised not less than once every three years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, the needs in the State for:

• The provision of State independent living services;
• The development and support of a statewide network of centers for independent living;
• Working relationships between programs providing independent living services and independent living centers, the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities.

2.2 The DSU and SILC conduct public meetings to provide all segments of the public, including interested groups, organizations and individuals, an opportunity to comment on the State plan prior to its submission to the Commissioner and on any revisions to the approved State plan.Yes

2.3 The DSU and SILC establish and maintain a written description of procedures for conducting public meetings in accordance with the following requirements. The DSU and SILC shall provide:

• appropriate and sufficient notice of the public meetings;
• reasonable accommodation to individuals with disabilities who rely on alternative modes of communication in the conduct of the public meetings, including providing sign language interpreters and audio-loops; and
• public meeting notices, written material provided prior to or at the public meetings, and the approved State plan in accessible formats for individuals who rely on alternative modes of communication.

2.4 At the public meetings to develop the State plan, the DSU and SILC identify those provisions in the SPIL that are State-imposed requirements beyond what would be required to comply with the regulations in 34 CFR parts 364, 365, 366, and 367.Yes

2.5 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.Yes

2.6 The DSU and SILC actively consult, as appropriate, in the development of the State plan with the director of the Client Assistance Program (CAP) authorized under section 112 of the Act.Yes

3.1 The State, directly or through grants or contracts, will provide IL services with Federal, State, or other fundsYes

3.2 Independent living services shall be provided to individuals with significant disabilities in accordance with an independent living plan mutually agreed upon by an appropriate staff member of the service provider and the individual, unless the individual signs a waiver stating that such a plan is unnecessary.Yes

3.3 All service providers will use formats that are accessible to notify individuals seeking or receiving IL services under chapter 1 of title VII about:

• the availability of the CAP authorized by section 112 of the Act;
• the purposes of the services provided under the CAP; and
• how to contact the CAP.

3.4 Participating service providers meet all applicable State licensure or certification requirements.Yes

4.1 Any individual with a significant disability, as defined in 34 CFR 364.4(b), is eligible for IL services under the SILS and CIL programs authorized under chapter 1 of title VII of the Act. Any individual may seek information about IL services under these programs and request referral to other services and programs for individuals with significant disabilities, as appropriate. The determination of an individual's eligibility for IL services under the SILS and CIL programs meets the requirements of 34 CFR 364.51.Yes

4.2 Service providers apply eligibility requirements without regard to age, color, creed, gender, national origin, race, religion or type of significant disability of the individual applying for IL services.Yes

4.3 Service providers do not impose any State or local residence requirement that excludes any individual who is present in the State and who is otherwise eligible for IL services from receiving IL services.Yes

5.1 Service provider staff includes personnel who are specialists in the development and provision of IL services and in the development and support of centers.Yes

5.2 To the maximum extent feasible, a service provider makes available personnel able to communicate:

• with individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication, nonverbal communication devices, Braille or audio tapes, and who apply for or receive IL services under title VII of the Act; and
• 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.

5.3 Service providers 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 programs emphasize improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy.Yes

5.4 All recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will take affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act.Yes

6.1 All recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will comply with applicable EDGAR fiscal and accounting requirements and will adopt those fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for those funds.Yes

7.1 In addition to complying with applicable EDGAR recordkeeping requirements, all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will maintain records that fully disclose and document:

• the amount and disposition by the recipient of that financial assistance;
• The total cost of the project or undertaking in connection with which the financial assistance is given or used;
• the amount of that portion of the cost of the project or undertaking supplied by other sources;
• compliance with the requirements of chapter 1 of title VII of the Act and Part 364 of the regulations; and
• other information that the Commissioner determines to be appropriate to facilitate an effective audit.

7.2 With respect to the records that are required by 34 CFR 364.35, all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will submit reports that the Commissioner determines to be appropriate.Yes

7.3 All recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will provide access to the Commissioner and the Comptroller General, or any of their duly authorized representatives, to the records listed in 34 CFR 364.37 for the purpose of conducting audits, examinations, and compliance reviews.Yes

8.1 Each service provider will adopt and implement policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names in accordance with the requirements of 34 CFR 364.56(a)(1-6).Yes

As the authorized signatories, we will sign, date and retain in the files of the state agency(ies) and the Statewide Independent Living Council the Part I: Assurances, 1-8, and the separate Certification of Lobbying forms ED-80-0013 (available in MS Word and PDF formats) for the state independent living program (Part B) and the centers for independent living program (Part C).

The effective date of this SPIL is October 1, 2013.

NamePeter Bisbecos

TitleVice Chairperson

Signed?Yes

Date signed06/28/2013

NameNicole Norvell

TitleActing Director, Bureau of Rehabilitation Services

Signed?Yes

Date signed06/28/2013

Is there a Separate State Agency for Individuals Who Are Blind?No

Name

Title

Signed?No

Date signed

NamePeter Bisbecos

TitleVice-Chairman

Signed?Yes

Date signed09/23/2013

NameNicole Norvell

TitleDirector of Division of Disability and Rehabilitation Services

Signed?Yes

Date signed09/23/2013

Is there a Separate State Agency for Individuals Who Are Blind?No

Name

Title

Signed?No

Date signed

2.1A Check the appropriate boxes in the SPIL Instrument table indicating the types of IL services to be provided to meet the objectives identified in section 1.2 of this SPIL, and whether the services will be provided by the CILs or by the DSU (directly and/or through contract or grant).

2.1B Describe any service provision priorities, including types of services or populations, established for meeting the SPIL objectives identified in section 1.2.

The target populations showing the most need are Hispanic and African American. Studies for 2010 show that the CILS saw a 98% increase in Hispanic/Latino consumers and recognized gains in Black/African American Housing and Transportation are the service priorities for this state plan.

2.1C If the State allows service providers to charge consumers for the cost of services or to consider the ability of individual consumers to pay for the cost of IL services, specify the types of IL services for which costs may be charged and for which a financial need test may be applied, and describe how the State will ensure that:

• Any consideration of financial need is applied uniformly so that all individuals who are eligible for IL services are treated equally; and
• Written policies and consumer documentation required by 34 CFR 364.59(d) will be kept by the service provider.

NOT APPLICABLE

2.2A If the DSU will provide any of the IL services identified in section 2.1A through grants or contractual arrangements with third parties, describe such arrangements.

The contracts for general operations provided by third parties, i.e. Centers for Independent Living, are written and approved pursuant to state procurement regulations. Contracts will be developed for a maximum of a 24 month period of time with contract outcomes developed jointly between the DSU and the CIL directors.

CILS will be funded through a combination of Part B funds (Projected at $358,746 per year), Part C funds (projected at $1,343,114 per year), State funding (projected at $864,859, see note, below (legislated allocation) and Other Federal Funds (projected at $1,026,389.10 per year.)

2.2B If the State contracts with or awards a grant to a center for the general operation of the center, describe how the State will ensure that the determination of an individual's eligibility for services from that center shall be delegated to the center.

The contract between the DSU and the CIL states that the CIL shall maintain a consumer service record that includes those materials and information that is required by 34 CFR 364.53. The eligibility of services shall also be determined by the Center as required by 34 CFR 364.51.

Provide an overview of the existing network of centers, including non-Part C-funded centers that comply with the standards and assurances in section 725 (b) and (c) of the Act, and the geographic areas and populations currently served by the centers.

The Network of Centers for Independent Living is comprised of Centers for Independent Living that are consumer-controlled, community-based, cross-disability, non-residential, private nonprofit organizations that are designed and operated within local communities by individuals with disabilities, and provide an array of IL services, regardless of funding (see RSA Policy Directive RSA-PD-03-06). Centers in the network, including those that do not receive Part C funding, meet the standards and assurances in section 725 (b) and (c) of the Rehabilitation Act of 1973, as

The Network of Centers currently provides IL services in Northwest, Northeast, Central, East Central, West Central, South Central and Southwest Indiana. Centers serving these areas, the counties they serve, a description of populations served, and funding sources are as follows.

ATTIC located in Vincennes and serving Davies, Gibson, Greene, Knox, Martin, Pike, and Sullivan counties (Southwest). These are all rural counties. Consequently, the population served by the Center is people from rural areas. There are 25,191 people with disabilities (14.7% of the total populations) in this geographic area (2008 American Community Survey). The Center also serves a larger proportion of individuals who have cognitive and physical disabilities. Funding sources include Part C, Part B, other state funds, private sources, and other Federal funds.

Everybody Counts located in Merrillville and serving Lake and Porter counties (Northwest). These are urban counties. There are 79,953 people with disabilities (12.3 % of the total populations) in this geographic area (2008 American Community Survey). The Center also serves a larger proportion of individuals who are African American. Funding is derived from Part C funds.

Everybody Counts Northwest (formerly known as Indiana F.A.C.E.S)located in Merrillville and serving Lake and Porter counties (Northwest). These are urban counties. There are 79,953 people with disabilities (12.3 % of the total populations) in this geographic area (2008 American Community Survey). This center is based in East Chicago & serves the surrounding areas with particular outreach to the Hispanic/Latino & Deaf communities. Funding is derived from Part C funds.

accessABILITY located in Indianapolis and serving Boone, Hamilton, Hancock, Hendricks, Johnson, Marion, Morgan, and Shelby counties (Central). Four of these are rural counties and all are located in the Indianapolis metropolitan area. There are 177,323 people with disabilities (10.8% of the total populations) in this geographic area (2008 American Community Survey). The Center serves a larger proportion of individuals who are Hispanic/Latino and African American. It also serves a larger proportion of people who have vision loss and physical disabilities. Funding sources include Part C, Part B, other state funds, other private sources, and other Federal funds.

League for the Blind and Disabled (The League) located in Fort Wayne and serving Adams, Allen, DeKalb, Huntington, Jay, Kosciusko, LaGrange, Noble, Steuben, Wells and Whitley counties (Northeast). Ten of these are rural counties. There are 78,444 people with disabilities (10.8% of the total populations) in this geographic area (2008 American Community Survey). The Center serves a larger proportion of individuals who are African American. It also serves a larger proportion of people who have cognitive, physical, and vision related disabilities. Funding sources include Part C, Part B, other state funds, and other private sources. At the time of this SPIL?s approval, documentation was not available to confirm whether all the listed counties correspond to the CILs original RSA-approved IL Part C application. If further analysis of the CILs service area indicates the need to revise this section, the SPIL may be revised at a later date. Funding sources include Part C, Part B, other state funds, other private sources, and other Federal funds.

Southern Indiana Center for Independent Living (SICIL) located in Bedford and serving Crawford, Lawrence, Jackson, Monroe, Orange, and Washington counties (South Central). Five of these are rural counties. There are 38,400 people with disabilities (14.1% of the total populations) in this geographic area (2008 American Community Survey). Center serves a larger proportion of individuals who have physical disabilities. Funding sources include Part C, Part B, other state funds, other private sources, and other Federal funds.

Future Choices located in Muncie and serving Blackford, Delaware, Grant, Howard, Madison, and Randolph counties. Two of these are urban counties (Delaware and Madison) with a large majority of those served residing in Delaware County. There are 69,223 people with disabilities (16.2 % of the total populations) in this geographic area (2008 American Community Survey). The Center also serves a larger proportion of individuals who have cognitive and physical disabilities. Funding sources include Part B, other state funds, other private sources, and other Federal funds.

Independent Living Center of Eastern Indiana (ILCEIN) located in Richmond and serving Decatur, Fayette, Franklin, Henry, Rush, Union, and Wayne counties (East Central). These are all rural counties. Consequently, the population served by the Center is people from rural areas. There are 34,079 people with disabilities (16.3 % of the total populations) in this geographic area (2008 American Community Survey). Funding sources include Part B, other state funds, other private sources, and other Federal funds.

Will Center located in Terre Haute and serving Clay, Parke, Putnam, Vermillion, Owen and Vigo counties (West Central). Five of these are rural counties. There are 33,483 people with disabilities (17.1% of the total populations) in this geographic area (2008 American Community Survey). Center serves a larger proportion of individuals who have physical and vision related disabilities.

Funding sources Part B, other state funds, other private sources, and other Federal funds.

Urban counties are defined here as being counties with a population of 100,000 people or more.

Please note we have created two state maps. The first map reflects the current catchment areas of the CILS located in Indiana. The second map identifies by county, the number of people with disabilities and the resulting funding amount that would be needed for the provision of IL services in that county. These state maps are available by request.

Describe the design for the further expansion of the network, including identification of the unserved and underserved areas in the State and the order of priority for serving these areas as additional funding becomes available (beyond the required cost-of-living increase).

A. Unserved Areas of the State

There are 35 counties in Indiana that are unserved by a Center for Independent Living. These counties are located in the North Central, Northwest, Southeast, and Southern Ohio River regions of the state and include Benton, Carroll, Cass, Clark, Clinton, Dearborn, Elkhart, Floyd, Fountain, Fulton, Harrison, Jasper, Jefferson, Jennings, LaPorte, Marshall, Miami, Montgomery, Newton, Ohio, Perry, Posey, Pulaski, Ripley, Scott, Spencer, Starke, St. Joseph, Switzerland, Tippecanoe, Vanderburgh, Wabash, Warren, Warrick, and White counties.

B. Underserved Areas of the State

The CIL funding formula uses three indices to identify how much money it takes to fully fund CIL services in each county of the state. The indices are designed to capture a wide range of data that affects the level of need that people with disabilities have for CIL services in each county. Types of data captured include the number of people with disabilities, the economic distress level of the county, the number of people who have disabilities that impact their ability to work, total population of the county, total employment, land area in square miles, total working age population, age and gender of the population of people with disabilities, job density of the county, and unemployment rates.

Counties and CIL geographic areas that are fully funded, as indicated by the formula, are considered to be fully served. Conversely, counties and CIL geographic areas that are not fully funded are considered underserved. This approach also provides an indication as to the degree that specific counties or CIL geographic areas are underserved by comparing the existing amount of CIL funding in an area to the full amount of funding needed. This capability provides Indiana stakeholders with a method to prioritize underserved areas of the state for additional IL funding.

According to the Indiana formula, all geographic areas served by existing Centers for Independent Living are underserved to varying degrees. These underserved counties (not in priority order) include: Adams, Allen, Blackford, Boone, Clay, Crawford, Daviess, Decatur, DeKalb, Delaware, Fayette, Franklin, Gibson, Grant, Greene, Hamilton, Hancock, Hendricks, Henry, Howard, Huntington, Jackson, Jay, Johnson, Knox, Kosciusko, LaGrange, Lake, Lawrence, Madison, Marion, Martin, Monroe, Morgan, Noble, Orange, Owen, Parke, Pike, Porter, Putnam Randolph, Rush, Shelby, Steuben, Sullivan, Union, Vermillion, Vigo, Wayne, Washington, Wells and Whitley counties.

For the purposes of the order of priority those counties that are underserved are:

Henry, Wayne, Rush, Fayette, Union, Decatur, Franklin,

Howard, Grant, Blackford, Madison, Delaware, Randolph

Vermillion, Owen, Parke, Putnam, Vigo and Clay.

Please review the funding formula at the following website:

http://www.icoil.org/operations/ICOIL_Formula_Funding_-_FULL_REPORT_.pdf

C. Design for the Further Expansion of the CIL Network

Sources of information used to develop the vision for a statewide network of CILS included:

1. Number of people with disabilities in each county

2. Commuting patterns within the state

3. Results from the Formula Funding Allocation Model for Indiana?s Centers for Independent Living that incorporates a wide variety of county specific factors

The vision for statewide CIL coverage calls for the establishment of five (5) new Center for Independent Living serving unserved areas of the North Central, Northwest, Southeast, and Southern Ohio River regions of the state.

There must be at least $150,000 in new regular Part C, funds used to support Centers for Independent Living in order to establish a new Center for Independent Living in Indiana.

D. Order of Priority

The Indiana Council on Independent Living established and adopted a set of priorities for the distribution of Title VII, Part C, Part B and other state funds for Center for Independent Living. The priorities are as follows:

1. Maintain current funding levels for each existing CIL.

2. Provide uniform cost of living increases from federal and other state funds to all Indiana CILs.

3. Establish new CILs in unserved areas of the state.

(See section 3.2 A above) in accordance with: (a) geographic boundaries and CIL locations identified in the statewide map (figure 2) and, (b) requirements/criteria established by RSA, the DSU and this state plan.The first priority would be to establish a new center that serves one of the unserved areas listed below. (Listed in priortity order). ICOIL has used data gathered from the ICOIL demographic study report and the basic principles of the funding forumula such as population and number of people with disabilities to base the priority of order.

Southeast - Dearborn, Jefferson, Jennings, Ohio, Ripley, Scott, and Switzerland Counties

North Central - Elkhart, La Porte, Marshall, St. Joseph, and Starke Counties

Rural North - Cass, Fulton, Jasper, Miami, Newton, Pulaski, Wabash, and White Counties

West Central - Benton, Carroll, Clinton, Fountain, Montgomery, Tippecanoe, and Warren Counties

Ohio River South - Clark, Floyd, Harrison, Perry, Posey, Spencer, Vanderburgh, and Warrick Counties

4. Increase funding to underserved areas of the state (see section 3.2 B above) that are served by state/part B only CILs

The priority will be to target underserved areas of the State. The priority order for providing additional Part C to underserved geographic areas served by existing Centers in Indiana, as indicated by the Funding Formula Allocation Model for Indiana?s Centers for Independent Living, as follows:

Blackford, Delaware, Grant, and Howard, Madison, and Randolph counties.

Decatur, Fayette, Franklin, Henry, Rush, Union, and Wayne counties.

Clay, Owen, Parke, Putnam, Vigo, and Vermillion counties.

5.If there are extra Part C funds available over COLA but less than $150,000 those should then be distributed to existing Part C centers by using the funding formula.

6.In the event that a Part C CIL is relinquished or terminated Part C funds would be restored in that area and a new Part C CIL would be established as the first priority.

3.3A If the State follows an order of priorities for allocating funds among centers within a State that is different from what is outlined in 34 CFR 366.22, describe the alternate order of priority that the DSU director and the SILC chair have agreed upon. Indicate N/A if not applicable.

NOT APPLICABLE TO INDIANA

3.3B Describe how the State policies, practices and procedures governing the awarding of grants to centers and the oversight of these centers are consistent with 34 CFR 366.37 and 366.38.

NOT APPLICABLE TO INDIANA

4.1A Describe the administrative support services to be provided by the DSU for the SILS (Part B) program and, if the State is a Section 723 State, for the CIL (Part C) program.
Refer to the SPIL Instructions for additional information about administrative support services.

The Director of Policy and Planning serves as liaison to the Indiana Council on Independent Living (ICOIL), and CILs on behalf of the Director of the Bureau of Rehabilitation Services. This position responds to the Council and RSA in a timely manner, meeting all deadlines. The DSU also provides administrative support for all contracts and data/information for reporting purposes ie: 704 report. The Director of Policy and Planning reviews reports submitted by the Independent Living Centers, and, upon request, researches and reviews the laws and regulations pertinent to Indiana?s IL program for clarification and implementation. The Director also reviews Indiana?s IL Program for compliance with the Indiana IL State Plan as well as state and federal requirements.

4.1B Describe other DSU arrangements for the administration of the IL program, if any.

NOT APPLICABLE

5.1A Describe the resource plan prepared by the SILC in conjunction with the DSU for the provision of resources, including staff and personnel, made available under parts B and C of chapter 1 of title VII, section 101(a)(18) of the Act, and from other public and private sources that may be necessary to carry out the functions of the SILC identified in section 705(c). The description must address the three years of this SPIL.

• Refer to the SPIL Instructions for more information about completing this section.

The SILC resource plan provides funds for each of the three years covered in the plan to carry out SILC activities as identified in Title VII, Section 705(c) of the Act. Since June 2010 an amount of $97,824 has been budgeted annually as funds through the VR Innovation and Expansion Grant Authority for this purpose and covers the cost of items such as SILC telephone costs; postage for SILC correspondence; SILC members? travel to SILC meetings, public hearings and other SILC functions; personal care attendants for SILC members, as needed, to attend/participate in SILC functions; sign language interpreters for SILC sponsored functions and meetings; and SILC member and prospective member training.

Personnel (Staff Position-1 FTE) Subtotal: $58,200

Salary: $55,000

Travel: $3000

Training: $200

ICOIL Operating Expenses Subtotal: $39,624.30

Travel In-State: $6000

Travel Out-of-State: $8000

Per Diem: $250

Training Events: $600

Presenters: $1000

Other: $3,400

(Memberships/ad hoc projects)

Supplies: $1000

Contractual Clerical: $7269

Contractual Website Maintenance: $1625

Contractual Accounting: $2480

Contractual Interpreters: $4000

Contractual Personal Care Attendants: $4000

TOTAL BUDGET: $97,824.30

5.1B Describe how the following SILC resource plan requirements will be addressed.

• The SILC's responsibility for the proper expenditure of funds and use of resources that it receives under the resource plan.

The SILC Treasurer/Finance Committee will be responsible for monitoring all expenditures submitted to, and paid by, the DSU, as per Article VI Section 10 and Article VII Section 6 (2) of the SILC?s Bylaws adopted in June 2006 and amended on March 18, 2009. The DSU will process expenditures in accordance with federal/state financial guidelines.

The contractor oversees the appropriate disbursement of funds to support the operation of ICOIL as well as a staff person to be available as deemed necessary to ICOIL and/or the State. The contractor provides support to the ICOIL so that the duties of the ICOIL are consistent with state and federal law and accompanying regulations. At the direction of the ICOIL and the State, the contractor provides the following deliverables: Executive functions which includes, but is not limited to supporting the operation of the ICOIL; Accounting functions, which includes, but is not limited to ensuring a proper accounting system is in place to support the resource plan; and, Administrative Functions, which includes, but is not limited to assisting ICOIL with paperwork involved in the day to day operation of the ICOIL.

• Non-inclusion of conditions or requirements in the SILC resource plan that may compromise the independence of the SILC.

No conditions or requirements are stated or implied in the SILC resource plan that may compromise the independence of the SILC, as per:

a. SILC Bylaws dated June 14, 2006, and amended March 18, 2009 Article III: Powers, Section 1 b. Indiana Council on Independent Living (ICOIL) Operating Policies and Procedures (12/16/2009). The purpose of these policies and procedures are to establish basic guidelines under which the council conducts its business.

The SILC shall comply with any and all federal and state laws and regulations regarding its fiscal management. Inherent in the ICOIL by-laws and policies is a commitment by the SILC to comply with 34 CFR 364.21 (i) (2) requirements for the SILC to further the philosophy of independent living to the maximum extent possible.

• Reliance, to the maximum extent possible, on the use of resources in existence during the period of implementation of the State plan.

The SILC shall comply with any and all federal and state laws and regulations regarding its fiscal management. Inherent in the ICOIL by-laws and policies is a commitment by the SILC to comply with 34 CFR 364.21 (i) (2) requirements for the SILC to further the philosophy of independent living to the maximum extent possible.

Describe how the establishment and placement of the SILC ensures its independence with respect to the DSU and all other State agencies. Refer to the SPIL Instructions for more information about completing this section.

In 2003 the SILC completed the required paperwork for the establishment of a 501c3 and have updated the paperwork annually. As part of the SILCs goal to become a fully functional 501c3, the first step toward this goal is the contract that has been established for the SILC resource plan. The SILC will develop and implement a detailed plan that will allow the SILC to receive the contract directly, hire staff and manage their operating budget using the 501c3 designation that has been maintained.

The ICOIL is eligible to receive assistance under Chapter 1 of Title VII of the Act, as amended. Indiana has established a SILC that meets the requirements of section 705 of the Act in accordance with 34 CFR 364.21 (a), (2).

The SILC in Indiana is the Indiana Council on Independent Living (ICOIL). Its enabling statute is found at IC 12-12-8-6, which, in turn, is found in IC 12-12-8 (Centers for Independent Living). The enabling section and the sections that follow it establish the composition and diversity of the council, who appoints council members, how they are reimbursed, the terms and limitations of council members, and the powers as well as the duties of council members. The enabling statute closely tracks the federal regulations. In fact, IC 12-12-8-4(a) specifies that any provision of this chapter that violates a federal law or federal regulation is void.

IC 12-12-8-6

Establishment of statewide independent living council; membership; requirements

Sec. 6. (a) There is established a statewide independent living council. The council is not a part of a state agency.

(b) The council consists of at least eleven (11) members appointed by the governor, including the following:

(1) At least one (1) director of a center for independent living located in Indiana chosen by the directors of the centers for independent living located in Indiana.

(2) Nonvoting members from state agencies that provide services for individuals with disabilities.

(3) Other members, who may include the following:

(A) Representatives of centers for independent living.

(B) Parents and guardians of individuals with disabilities.

(C) Advocates for individuals with disabilities.

(D) Representatives from private business.

(E) Representatives of organizations that provide services for individuals with disabilities.

(F) Other appropriate individuals.

(c) The members appointed under subsection (b) must:

(1) provide statewide representation;

(2) represent a broad range of individuals with disabilities from diverse backgrounds;

________________________________________

(3) be knowledgeable about centers for independent living and independent living services; and

(4) include a majority of members who:

(A) are individuals with disabilities; and

(B) are not employed by a state agency or a center for independent living.

As added by P.L.217-2005, SEC.14. Amended by P.L.1-2006, SEC.185; P.L.141-2006, SEC.52; P.L.182-2009(ss), SEC.298.

IC 12-12-8-7

Salary per diem

Sec. 7. (a) Each member of the council who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member?s duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) Each member of the council who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member?s duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.217-2005, SEC.15.

IC 12-12-8-8

Terms of council members; limitation

Sec. 8. (a) A member appointed to the council by the governor serves a term of three (3) years, beginning on July 1 after appointment. However, a member appointed to fill a vacancy on the council serves for the remainder of the unexpired term.

(b) A member appointed to the council by the governor may not serve more than two (2) consecutive terms.

As added by P.L.217-2005, SEC.16.

IC 12-12-8-9

Appointment to fill vacancy on council

Sec. 9. If a vacancy occurs among the voting members of the council, the original appointing authority shall appoint a qualified individual to serve for the unexpired term of the vacating member.

As added by P.L.217-2005, SEC.17.

IC 12-12-8-10

Powers and duties of council; public access to meetings

Sec. 10. (a) The council has the powers and duties specified in this chapter.

(b) The council may do the following:

(1) Jointly develop and sign the state plan in conjunction with the designated state unit.

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(2) Monitor, review, and evaluate the implementation of the state plan.

(3) Coordinate activities with the state rehabilitation council and other councils that address the needs of specific disability issues.

(4) Submit periodic reports to the funding sources and provide access to the records that are necessary to verify contents of the reports.

(5) Do other things necessary and proper to implement this chapter.

(c) The council shall ensure that all meetings of the council are open to the public and in accessible formats with sufficient advance public notice.

As added by P.L.217-2005, SEC.18.

IC 12-12-8-6(a) states explicitly "The Council is not a part of a state agency." To ensure ICOIL?s independence, BRS has executed a contract with an entity for purposes of allowing this contractor to act, essentially, as a fiscal agent serving as a conduit through which agency funding for the council will flow. How that funding is allocated or apportioned is left entirely to the discretion of the council. Even as to matters such as travel reimbursement, the council need not seek permission from BRS, the DDRS, or the Indiana FSSA. ICOIL will follow state procedures such as the IDOA Out of state travel request process.

Describe the process used by the State to appoint members to the SILC who meet the composition requirements in section 705(b). Refer to the SPIL Instructions for more information about completing this section.

To be considered for appointment to the Indiana Council on Independent Living interested parties must complete the Application for Gubernatorial Appointment to a Board or Commission. This application is posted on the ICOIL website www.ICOIL.org.

The completed application and a basic resume detailing current and past employment along with any affiliations are to be mailed to the IL Program Director, 402 West Washington Street, Indianapolis, Indiana 46204. That person will provide all applications to the Chairperson of the ICOIL membership committee for review or apply directly to the Governor?s office.

Upon selection for consideration, the applicant will be asked to attend an interview with committee members and if mutually acceptable will be required to complete Consent for Release of Information form and an authorization for a State Police Background check. All potential members must pass the background checks and be able to travel to attend monthly meetings.

Upon approval by the Membership Committee, the names will be provided to the Executive Committee and to the Governor?s office to conduct the formal background checks. The Governor?s office will make the final determination and appointment to ICOIL.

Orientation will be provided to new members to assist them in understanding their roles and responsibilities in relation to the business of the Council.

*Indiana Council on Independent Living (ICOIL) IC 12-20-8-6 Membership: At least 11 gubernatorial appointments. Members must include the following: At least 1 director of a center for independent living located in Indiana chosen by the directors of the centers for independent living located in Indiana and other members who may include representatives of centers for independent living, parents and guardians of individuals with disabilities, advocates for individuals with disabilities, representatives from private business, representatives of organizations that provide services for individuals with disabilities and other appropriate individuals. Members must provide statewide representation and represent a broad range of individuals with disabilities from diverse backgrounds that are knowledgeable about centers for independent living and independent living services. The council must include a majority of members who are individuals with disabilities and are not employed by a state agency or a center for independent living. Terms are for 3 years and members may not serve more than two consecutive terms. The governor may also appoint a number of nonvoting members from state agencies that provide services for individuals with disabilities.

ICOIL encourages interested parties to attend a meeting as a member of the public to gain a better understanding of the Council and its works.

Describe how the following SILC staffing requirements will be met.

• SILC supervision and evaluation, consistent with State law, of its staff and other personnel as may be necessary to carry out its functions.

The council has oversight and directs the activities of the contractor while carrying out their duties. The Chair of the Council is required to approve and co-sign all claims prior to submission for reimbursement by the contractor. The SILC executive committee will provide supervision of the contracted entity and as such will evaluate the contract outcomes. There is a Work Standards Assurance within the contract that states The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. If the State becomes dissatisfied with the work product of or the working relationship with those individuals assigned to work on this Contract, the State may request in writing the replacement of any or all such individuals, and the Contractor shall Contract such request

• Non-assignment of duties to SILC staff and other personnel made available by the DSU, or any other State agency or office, that would create a conflict of interest while assisting the SILC in carrying out its duties.

The contract developed between the DSU and the contractor includes language that states the SILC will have oversight and supervision that will ensure no conflict of interest while assisting the SILC in carrying out its duties. Standard termination language is in the contract.

The DSU has a person designated to be on the SILC Director of Policy and Planning) and there will be a BRS Program Director (15% FTE) who will be providing internal administrative functions, i.e. processing contractor monthly claims, arranging for meeting rooms in the Government Center complex, providing contract support and reporting ie 704 report and monitoring CILs

• Inclusion of personnel who are specialists in the development and provision of IL services and in the development and support of centers.

The CILS within Indiana have at least 51% of staff who have disabilities. The job descriptions for personnel in decision-making positions and staff positions include the expectation that they will be knowledgeable about the philosophy of independent living, and the provision of independent living services. The Federal Review Instrument for Centers for Independent Living in Indiana includes criteria to review CILS personnel and their qualifications.

The DDRS/BRS IL program policies and procedures have a section that includes general policies relating to the operation of Indiana CILS/SILSs. These policies state that all Indiana CILS must comply with the Standards and Assurances set forth in Section 725 of the Rehabilitation Act, that all CILS must have their own policies and procedures, and, that a referral made by the DSU to any CIL will include specific information.

• Availability, to the maximum extent feasible, of personnel able to communicate (1) with individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille, or audio tapes and (2) 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.

Personnel in decision-making and staff positions located at CILS must be able to communicate with individuals with significant disabilities as part of the job expectation. The Federal On-Site Review Instrument for Centers for Independent Living in Indiana includes criteria regarding equal access.

• Establishment and maintenance of a program of staff development for all classes of positions involved in providing IL services and, where appropriate, in administering the CIL program, improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy.

CILS are required to assure that the needs of staff are met, including staff development and training. The CILS also provide Governing Board training and development sessions/ programs. The Indiana On-Site Review Instrument for Centers for Independent Living in Indiana includes criteria for staff development and training.

• Affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act.

Each CIL in Indiana must take affirmative action to employ and advance in employment qualified individuals with significant disabilities. The Indiana On-Site Review Instrument for Centers for Independent Living in Indiana includes criteria regarding affirmative action/non-discrimination.

Included in the individual contracts to each of the CILS in Indiana are terms and conditions, including, but not limited to, information regarding: Duties of the contractor, which includes the provision of IL services consistent with 34 CFR 364.50, 364.51 and other pertinent sections of parts 364 and 365 of title 34 of the CFR; Term of the contract, which includes the effective start and end dates; and Compliance with Laws, which states that the CILS shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, etc.

• Adoption of those fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds made available through parts B and C of chapter 1 of title VII of the Act, in addition to complying with applicable EDGAR fiscal and accounting requirements.

The contracts that the DSU have with each of the CILS receiving state funds for the provision of services have boilerplate language that accounting records are kept, fiscal reports are completed and procedures are followed to assure expenditures are consistent with the approved budget of the CILS. The Indiana review will be using the Federal Review Instrument for Centers for Independent Living.

• Maintenance of records that fully disclose and document the information listed in 34 CFR 364.35.

The CILS receiving state funds for the provision of services keep records that include:

(1) The amount and disposition by the recipient of that financial assistance;

(2) The total cost of the project or undertaking in connection with which the financial assistance is given or used;

(3) The amount of that portion of the cost of the project or undertaking supplied by other sources; and

(4) Compliance with the requirements of chapter 1 of title VII of the Act and this part; and

(b) Other records that may be determined to be appropriate to facilitate an effective audit.

The Federal Review Instrument for Centers for Independent Living in Indiana includes criteria regarding the above.

• Submission of annual performance and financial reports, and any other reports that the Secretary determines to be appropriate

The contract between the DSU and the CILS include the expectation that performance and financial reports be submitted in a timely manner.

• Access to the Commissioner and the Comptroller General, or any of their duly authorized representatives, for the purpose of conducting audits, examinations, and compliance reviews, to the information listed in 34 CFR 364.37.

The CILS/SILS contract boilerplate includes auditing expectations.

• Eligibility of any individual with a significant disability, as defined in 34 CFR 364.4(b), for IL services under the SILS and CIL programs.

The CILS are responsible for the eligibility of consumers who seek services from their organizations. Indiana will use the Federal Review Instrument to monitor CILs. (Only those that are eligible are served).

• Ability of any individual to seek information about IL services under these programs and to request referral to other services and programs for individuals with significant disabilities.

All CILS provide information and referral services. An individual who is seeking services from a CIL can request information on the services requested, and the services provided or arranged for them. This is then part of the Indiana On-Site Review Instrument for Centers for Independent Living in Indiana.

• Determination of an individual's eligibility for IL services under the SILS and CIL programs in a manner that meets the requirements of 34 CFR 364.51.

The contracts that the CILS have with the DSU include language in regard to duties of the contractor being consistent with 34 CFR 364.51.

• Application of eligibility requirements without regard to age, color, creed, gender, national origin, race, religion, or type of significant disability of the individual applying for IL services.

The CILS, do not deny services to persons on the basis of their race, color, national origin, gender, age or the existence of a disability.

• Non-exclusion from receiving IL services of any individual who is present in the State and who is otherwise eligible for IL services, based on the imposition of any State or local residence requirement.

Individuals who are present in the state, who are otherwise eligible for IL services can access CILS for services.

• Provision of IL services in accordance with an IL plan complying with Sec. 364.52 and mutually agreed upon by the individuals with significant disabilities and the appropriate service provider staff unless the individual signs a waiver stating that an IL plan is unnecessary.

The contracts that CILS have with the DSU include this language/ this requirement.

• Use of accessible formats to notify individuals seeking or receiving IL services under chapter 1 of title VII about the availability of the CAP program, the purposes of the services provided under the CAP, and how to contact the CAP.

Use of accessible formats to notify individuals seeking or receiving IL services under Chapter 1 of Title VII about the requirements verbal and written notification of consumers about the availability of the Client Assistance Program (CAP) at application, service plan development, case closure or disagreement over services; the purposes of services provided under CAP (information/referral, advocacy, technical assistance, conflict resolution, legal and advocacy representation and assistance at appeal); and how to contact CAP at 1-800-622-4845.CILS provide this information to persons seeking services

• Adoption and implementation of policies and procedures meeting the requirements of 34 CFR 364.56(a), to safeguard the confidentiality of all personal information, including photographs and lists of names.

Each CIL is to have policies and procedures for staff addressing consumer service record management as well as confidentiality. The DSU contracts with each of the CILS include language on safeguarding the confidentiality of all personal information.

Identify any State-imposed requirements contained in the provisions of this SPIL.

NON-APPLICABLE