WIOA Rules / Regulations Input ILA Workgroup Published May 27, 2015 Row 1 Column 1 (Law): Sec. 701A & Sec. 491(d) Column 2 (Issue): The Director is delegated to be responsible for the functions of this chapter but throughout the law it states the "Administrator" as responsible for functions that should read the "Director". The new guidance does allow for the Administrator to delegate functions to officers or employees of the Independent Living Administration. Recommendations - Column 3 (Regulations): 701A There is established within the Administration for Community Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section as the ‘Director’) appointed by the Secretary of Health and Human Services. The Director shall be an individual with substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the Director shall be the principal officer, to carry out this chapter. In performing the functions of the office, the Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. The Secretary shall ensure that the Independent Living Administration has sufficient resources (including designating at least 1 individual from the Office of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support to, and oversight of, the programs funded under this chapter.” 491(d) Delegation and Assignment. —Except where otherwise expressly prohibited by law or otherwise provided by this section, the Administrator of the Administration for Community Living may delegate any of the functions transferred to the Administrator of such Administration by subsection (b) and any function described in subsection (b) that was transferred or granted to such Administrator after the effective date of this section to such officers and employees of such Administration as the Administrator may designate, and may authorize successive redelegations of such functions described in subsection (b) as may be necessary or appropriate. Column 4 (Guidance): Should be made clearer that the Director is responsible for the functions of the ILA. Row 2 Column 1 (Law): Sec. 701A Column 2 (Issue): Director qualifications Recommendations - Column 3 (Regulations): The Director should be a person with a disability with substantial knowledge and job experience of independent living. Column 4 (Guidance): The Director should be a person with a disability with substantial knowledge and job experience of independent living. Row 3 Column 1 (Law): Org Chart Placement Column 2 (Issue): Positioning of the ILA on the organizational chart of the ACL Recommendations - Column 3 (Regulations): The Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. Column 4 (Guidance): As cited per the Law, the ILA should be on same level of the Administration on Community Living Organizational Chart as the Administration on Aging and the Administration on Intellectual and Developmental Disabilities which would follow the new guidance of the ILA Director reporting to the Administrator of ACL. Row 4 Column 1 (Law): Sec. 701A, page 176 Column 2 (Issue): Position within Office of General Counsel is not clear if FTE and qualifications. Recommendations - Column 3 (Regulations): ...resources (including designating at least 1 individual from the Office of General Counsel who is knowledgeable about independent living services)... Column 4 (Guidance): Important that the 1 individual from the Office of General Counsel be a FTE and vital that they have knowledge about independent living services under Chapter 1 of Title VII of the Rehabilitation Act of 1973. Personal experience with disability and independent living would be very beneficial to this position. Row 5 Column 1 (Law): Sec. 706(c)(1) Column 2 (Issue): This is a high percentage of onsite reviews (60-CILs & 18-SILCs) to perform with a high demand on resources. Reviews should be about best practice, not compliance. Recommendations - Column 3 (Regulations): The Administrator shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living that receive funds under section 722 and shall periodically conduct such a review of each such center. The Administrator shall annually conduct onsite compliance reviews of at least one-third of the designated State units that receive funding under section 723, and, the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of section 723, centers that receive funding under section 723 in such State. Column 4 (Guidance): We recommend using "Peer Best Practice Reviews" which would provide a larger number of potential reviewers. Row 6 Column 1 (Law): Subtitle I Sec. 491, page 210 Column 2 (Issue): Transfer of Assistive Technology Act should include ALL sections of the Assistive Technology Act. Recommendations - Column 3 (Regulations): [blank] Column 4 (Guidance): Transfer of Assistive Technology Act should include ALL sections of the Assistive Technology Act. Row 7 Column 1 (Law): [blank] Column 2 (Issue): Prior approval of CIL Executive Director's and SILC Executive Director's by RSA before hiring Recommendations - Column 3 (Regulations): Prior approval of CIL Executive Directors and SILC Executive Directors by RSA before hiring Column 4 (Guidance): There are limitations on the specific duties of the DSE--if the law does not express it as a duty of the DSE then it is not allowed. Row 8 Column 1 (Law): [blank] Column 2 (Issue): Training & Technical Assistance Recommendations - Column 3 (Regulations): [blank] Column 4 (Guidance): ILRU Training & Technical Assistance has been an excellent service and we recommend that there are no changes to the ILRU Training & Technical Assistance (other than the additional funding).