publication in the future. We do not anticipate any Start Printed Page 74692additional burden on grantees as a result of the compliance and review process, including the development of additional corrective action plans in response to such reviews. While we appreciate the concern, how school districts fulfill their responsibilities to students with disabilities is beyond the scope of this rule. [3] Under Section 723(e), priorities for funding centers are set by the designated State unit [2] Training and technical assistance funds shall be administered in accordance with section 711A of the Act. (b) If an eligible agency administers more than one Part C grant, each of the Center grants must meet the requirements of paragraph (a) of this section to receive a continuation award. Even with the passage of the Americans with Disabilities Act, people with disabilities often find that advocacy and support from the disability community and the disability rights movement is an essential element in enforcement of the civil rights law. Costs of new actions are included in a regulatory impact analysis even when budgets or grant amounts do not change. (a) In any State in which the Administrator has approved the State plan required by section 704 of the Act, an eligible agency funded under Part C in fiscal year 2015 may receive a continuation award in FY 2016 or a succeeding fiscal year if the Center has—, (1) Complied during the previous project year with the standards and assurances in section 725 of the Act and the terms and conditions of its grant; and. The majority hiring requirement is beyond the scope of this rule; however, the ongoing requirement that a Center ensure that the majority of the staff, and individuals in decision-making positions are individuals with disabilities is consistent with the consumer directed, self-help, and self-advocacy principles in the IL Philosophy. ACL incorporated suggested language to make clear in § 1329.12(a)(2) the DSE's role to provide administrative support services for a program under Part B, as directed by the approved SPIL, and for relevant CILs under Part C. We also revised the language in § 1329.12(b) to state that the DSE must also carry out its other responsibilities under the Act, including, but not limited to—. (b) 45 CFR part 46—Protection of Human Subjects. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. (4) Where there is a determination that falls within 45 CFR part 16, appendix A, C.a. Center for independent living (CIL): Found in every major city in the United States, centers for independent living (also known as independent living centers) advocate for the rights of people with disabilities and provide them with support services and programs they need to achieve self-sufficient and productive lives. documents in the last year, 69 Commenters also recommended establishing a rotation for CIL reviews. ); (6) Client assistance programs (CAPs) receiving assistance under section 112 of the Act (29 U.S.C. We do not anticipate that the rule will impact the majority of the budget for these programs.Start Printed Page 74694. Sharing of such information shall not constitute the direct provision of independent living services as defined in section 705(c)(3) of the Act. Allotment of Federal funds for State independent living (IL) services. (5) The Administrator may take steps to enforce a corrective action plan or to terminate funding if the Administrator determines that the Center remains out of compliance. ACL received comments recommending additional changes to this definition, including a request for additional clarity on the “services and supports” provided by the DSE. Service provider means a Center for Independent Living that receives financial assistance under Part B or C of chapter 1 of title VII of the Act, or any other entity or individual that provides IL services under a grant or contract from the DSE pursuant to Section 704(f) of the Act. Specifically, Centers funded by the program must now provide services that facilitate transition from nursing homes and other institutions to the community, provide assistance to those at risk of entering institutions, and facilitate transition of youth to postsecondary life. Independent Living Administration, Administration for Community Living, HHS. documents in the last year, 7 documents in the last year, by the U.S. Customs and Border Protection and the Treasury Department Commenters expressed support for the proposed language in the NPRM. A living arrangement that maximizes independence and self-determination, especially of disabled persons living in a community instead of in a medical facility. Commenters expressed concerns about “targeting” CILs and requesting a neutral process. documents in the last year, 101 Additional funding sources include Social Security reimbursements, Vocational Rehabilitation program funds, and other public or private funds. ACL is actively evaluating the review processes, to optimize our capacity to conduct the required oversight. A few commenters recommended the definition be limited to CILs that receive Part B or Part C funding. Only official editions of the ACL did not make that change, as the composition requirements (for the SILC) and assurances (for the CILs) at issue are established separately in the statute. Some commenters expressed a concern about a perceived lack of inclusion of “systems change” in the definition, and requested that the language in the rule “revert back to the original language for advocacy that includes both self and systems change.” We note that the proposed definition of “advocacy,” identical to the prior definition from the Department of Education regulation 34 CFR 364.4, includes “systems advocacy.” Many commenters recommend that the activities described in § 1329.10(b)(5) be included in the definition, as they are part of systems advocacy. Not only would this approach severely limit the funds available for fulfillment of DSE responsibilities under the law, it would also create some potential accounting burdens for programs, as State funds provided as a result of the ILS program's State matching requirement have traditionally been treated similarly to Federal Part B funds. We proposed using the more recent BLS data to calculate the total estimated impact of this statutory requirement. Eligible agency means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit agency. Workforce Innovation and Opportunity Act ACL stated in the NPRM that, since successful transition is a process that requires sustained efforts and supports over a long-term period, and the CILs were aware of the changes under the law before officially tracking these efforts as core services, we do not currently have a clear picture of the impact of the changes under WIOA on the programs. (g) The State plan must identify those provisions that are State-imposed requirements. We have added a corresponding clarification to the preamble language in § 1329.17. However, we also want to emphasize that some youth transition activities not covered under the fifth core services may be included within the other four core services, Sec. Commenters supported this approach. documents in the last year, 1463 the official SGML-based PDF version on govinfo.gov, those relying on it for A commenter expressed concern that the rule uses the term “youth with a significant disability,” (emphasis added) as “[t]his is different than the Independent Living philosophy which is cross disability.” The language is based on WIOA language in the definition of independent living core services, 29 U.S.C. Included are the core services of information and referral, peer consultation, individual advocacy, and skills training, as well as other services determined to be locally appropriate. Advocacy may—, (i) Before private entities or organizations, government agencies (whether State, local, or Federal), or in a court of law (whether State or Federal); or, (ii) In negotiations or mediation, in formal or informal administrative proceedings before government agencies (whether State, local, or Federal), or in legal proceedings in a court of law; and. Some commenters were concerned that the 5% was not sufficient given the scope of the administrative responsibilities of the DSE, and that some entities may choose not to serve as a DSE. documents in the last year, 1003 (ii) All notices, including notices published on a Web site, and other written materials provided at or prior to public meetings must be available upon request in accessible formats. Independent living skills training: Centers provide training courses to help people with disabilities gain skills that would enable them to live more independently; courses may include using various public transportation systems, managing a personal budget, dealing with intensive and discriminatory behavior by members of the general public, and many other subjects. While every effort has been made to ensure that A social movement asserting that people with disabilities should have the same civil rights and life choices as people without disabilities. Individual with a significant disability means an individual with a severe physical or mental impairment whose ability to function independently in the Start Printed Page 74696family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment, respectively. CDC twenty four seven. A determination of who is at risk of entering an institution should include self-identification by the individual as part of the intake or goal-setting process; and, (iii) Facilitate the transition of youth who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C.