WIOA Rules / Regulations Input CIL Workgroup Published May 27, 2015 Row 1 Column 1 (Law): [blank] Column 2 (Issue): It is inefficient and ineffective to prohibit carryover of the Part C dollars. Carryover into a specific period could be in keeping with the goals of that period. For example, if a key position is vacant the last couple of months of a year, that unspent salary could be spent in the next quarter to assist with training costs for the replacement employee. Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): Develop a provision for the carryover of Part C dollars from year to year. Clarify that program generated income from the same period can also carry over. Row 2 Column 1 (Law): § 364.13 - Example Column 2 (Issue): Changes in Terminology Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): Change language throughout from Designated State Unit DSU to Designated State Entity DSE. Standards and Indicators become Indicators of Minimum Compliance. Row 3 Column 1 (Law): §366.63; 702(3); 725.(b)(1)(A) 725(c) (2), (6) 726 Column 2 (Issue): Language around consumer control is inconsistent. Currently "more than 50%" is used in some places. The field more often interprets "majority" as 51% or more. Recommended Language - Column 3 (Regulations): In 702(3)"that the center vests power and authority in individuals with disabilities, in terms of management, staffing, decisionmaking, operation, and provision of services, of the center." In 725.(b)(1)(A) "consumer control regarding decisionmaking, service delivery, management, and establishment of the policy and direction of the center. In 725(c)(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 shall be composed of individuals with significant disabilities" In 725(c)(6) "the applicant will ensure that the majority of the staff, and individuals in decisionmaking positions, of the applicant are individuals with disabilities" 726 states "...the term 'eligible agency' means a consumer-controlled, community -based, cross-disability, nonresidential private non-profit agency" Column 4 (Guidance): Language around consumer control is inconsistent. Currently "majority" is used in some places, and here control is broken down in more areas than the three referred to in (c). It is recommended that “majority” be defined as 51% or more. Row 4 Column 1 (Law): §364.53 725 Column 2 (Issue): CSR Documentation: a. Determining eligibility needs to be further clarified. b. No eligibility or waiver is needed for provision of information and referral services. c. "Anticipated duration" - do we need it? d. Stipulate that the consumer directs and controls the services they receive. e. Typically information is not released from the CIL to other entities, but in the instances where such information is released the signed, dated release of information should be included. f. It is not typically that CILs maintain medical or psychological information g. Currently, CIL’s have been required to maintain CSR’s that comply with all requirements for consumers who do not receive any IL funded services, such as transportation or Personal Assistance Services Recommended Language - Column 3 (Regulations): CSR Documentation: a. Include the statement that verification of disability is self-determined by the individual seeking services. Similar language should be used for board members with disability as well. b. Specify c. Suggest removing "anticipated duration" as it implies something more than a target date, and target date should be sufficient. d. Stipulate e. Suggest adding this phrase as this is a monitoring item that is very odd. f. Add this statement where these items are discussed. Otherwise reviewers spend time looking for something that does not typically occur. g. CSR’s should comply with the requirements that are applicable to the funding source for the services provided and received. Column 4 (Guidance): §364.5 Row 5 Column 1 (Law): §364.5 Column 2 (Issue): Finishing a sentence -- treat program income as (not included). Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): ...additional income to the project generating the income. Row 6 Column 1 (Law): [blank] Column 2 (Issue): Add core service of transition. Definition may be too restrictive on the youth side. What is the understanding -- does every center need to provide both types of transition? CILs are mandated partners in transitioning folks from institutions to community. Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): Our understanding is that this could apply to school to work / community but also to apply to younger youth, youth leadership development, etc. We also understand this to apply to individuals transitioning out of institutional care, and preventing institutional care (Diversion). Create a definition of diversion – what services and activities apply? 'Diversion' to applies to all disability groups who may be at risk of being institutionalized. Possible definition is used in the NCIL Outcomes Task Force. This definition used several factors that may be considered; meets the NF level of care, reliance on a single caregiver, etc. Row 7 Column 1 (Law): [blank] Column 2 (Issue): Peer relationships and peer role models - definition of peer. Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): A peer is a non-credentialed or a credentialed person with a disability. Peer relationships recognize that a person with a disability may be uniquely qualified to provide assistance to another with a disability regardless of credentials. We do not expect this to necessarily be the same disability. Row 8 Column 1 (Law): §364.35 Column 2 (Issue): Replace all CFR and EDGAR references with the new references. Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): [blank] Row 9 Column 1 (Law): 725(c) (8) Column 2 (Issue): 704 Report -- RSA instructions, Standards and Indicators and reports of services and results of services. Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): Include the information that NCIL has developed for a new reporting process / content / outcome measures. Column 1 (Law): [blank] Column 2 (Issue): Compliance Reviews should be for best practice, not just compliance with regulations. Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): Peer reviewers should be included in all review teams that are conducting performance reviews of CILs. Row 11 Column 1 (Law): [blank] Column 2 (Issue): Core Services Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): Specify that CILs will provide the 5 core services and, as appropriate, one or more of the other services allowable under Rehabilitation Act funding, such as transportation, personal assistance services, assistive technology, etc. Row 12 Column 1 (Law): [blank] Column 2 (Issue): A number of centers report that the exit findings provided by an on-site review team are delivered without first asking the CIL how they meet that requirement specifically. Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): Require that reviewers offer CIL opportunity to demonstrate conformance to anticipated findings before the review team departs the site. Row 13 Column 1 (Law): [blank] Column 2 (Issue): Current funding levels for CILs are based on when the CIL was funded, amount of initial funding, increases and decreases in funding appropriations and individual awards over time, and the methodology used to distribute ARRA funds over the past several years, which has caused some CIL funding levels to increase or decrease dramatically, with no observable relationship to the CIL’s service area size and / or population. Recommended Language - Column 3 (Regulations): [blank] Column 4 (Guidance): Funding levels for CILs needs to be reviewed and reorganized to reflect sufficient minimum and equitable funding levels for individual CILs. In the absence of new funding, ACL should attempt to mitigate damage done by RSA for the ARRA funding issues.