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Independent Living News & Policy from the National Council on Independent Living

Do No Harm – Implementation of WIOA Regulations and Guidance Regarding CILs & SILCs

Whereas, Sect. 101 (a)(18) of the Rehabilitation Act states that the State plan shall include an assurance that the State will reserve and use a portion of the VR/110 (I&E) funds to support the SILC resource plan; and

Whereas, the Rehabilitation Act as amended by the Workforce Innovation and Opportunity Act in 2014 did not change Sect. 101 (a)(18) of the law regarding the use of I&E funds; and

Whereas, the Rehabilitation Services Administration has proposed a change in regulations that makes using I&E funding to support the SILC an option rather than a requirement; and

Whereas, many SILCs rely on I&E funding and removing that funding could create a hardship for the SILC; and

Whereas, a hardship would be created for the CILs if Part B funding is taken from the CILs to support the SILC; and

Whereas, many DSUs are “holding SILCs” hostage with threats of removing I&E funds from the SILC resource plan if a different DSE is selected; and 

Whereas, the Rehabilitation Act as amended provides that Social Security Reimbursement funds may be used to support Independent Living; and

Whereas, many states use Social Security Reimbursement funds to support the IL network; and

Whereas, many DSUs are withholding Social Security Reimbursement funds from CILs and the IL Network unless they are selected to be the DSE; and

Whereas, several states are usurping the DSE selection process the law requires in the SPIL and working with the State to designate a DSE without SILC and CIL involvement or consultation; and

Whereas, such actions are retaliatory, controlling, and counterproductive; and

Whereas, the intent of the law is to strengthen Independent Living and provide consumer control to the Independent Living Program;

Therefore be it resolved that NCIL will work with the Independent Living Administration, the Administration for Community Living, and the Rehabilitation Services Administration to ensure that no financial harm to CILs and SILCs will result from the changes in the law under WIOA; and

Therefore be it further resolved that NCIL will work with Congress to ensure that WIOA regulations and guidance from Federal agencies conforms with Congressional intent, including amending WIOA if necessary, and to ensure that retaliation is not tolerated and that the transition of Independent Living from RSA to ACL strengthens the national IL network and programs.