- The 1992 amendments to the Rehabilitation Act of 1973 called for the establishment of State Independent Living Councils (SILCs)
- Idaho’s SILC was created by Executive Order 93-01 May 28, 1993 (Governor Andrus) with its membership appointed by the Governor
- The SILC became an independent governmental entity as House Bill 711 on July 1, 2005
- One office located in Boise
- 17-23 Council members – appointed by the Governor
- Executive Director – hired & directed by the Council
- Up to three additional FTE – currently funded for two + the Director
SILC activities are directed by the State Plan for Independent Living (SPIL). Our current SPIL began on October 1, 2016. It ends September 30, 2019. It was approved by the Administration on Community Living (ACL) on September 1, 2016.
The Workforce Innovation and Opportunities Act of 2014 (WIOA), signed into law by President Obama on July 22, 2014, transferred the Independent Living Services and Centers for Independent Living programs funded under title VII, Chapter 1 of the Rehabilitation Act of 1973, as amended by WIOA (P.L. 113-128) (Rehabilitation Act) from the Rehabilitation Services Administration (RSA), U.S. Department of Education, to the Administration for Community Living (ACL), U.S. Department of Health and Human Services. The transfer of the Independent Living (IL) programs aligns with the mission of ACL to maximize the independence, well-being and health of individuals with disabilities across the lifespan, and their families and caregivers.
SILC revenue comes from the Federal WIOA (Title VII, Subpart B and Title I Section 101(a)(18)(A)(ii)(II) I & E through the Idaho Division of Vocational Rehabilitation (IDVR)), State General Funds appropriated by the Idaho Legislature, interest accrual, and revenue received from grants and contractual projects. Current projects/grants awarded included the Idaho Home Choice (MFP Project) through the Division of Health and Welfare Medicaid Bureau of Long Term Care, and an Aged & Disabled Resource Center (ADRC) project – No Wrong Door (NWD) in partnership with Idaho Commission on Aging. The SILC actively engages in activities that assist in providing Idahoans with disabilities a greater voice in obtaining services that are consumer-responsive, cost-effective, and community based.
Every three years the SILC and CILs conduct a statewide assessment to gather public input for the development of the next SPIL. The core functions of the SILC are specific to both the federal mandates and Idaho Code and are the rationale behind the SPIL. To meet the goals and objectives of the SPIL the SILC has applied for various federal and non-federal grants and has partnered with state agencies and advocacy organizations to effect positive change.
Core Functions/Idaho Code (revised to mirror the Act as amended, effective 07/01/2016)
Chapter 12, Title 56, Idaho Code, requires the SILC to:
1) Assess the need for services for Idahoans with disabilities and advocate with decision makers.
2) Supervise and evaluate such staff as may be necessary to carry out the functions of the council.
3) Ensure that all regularly scheduled meetings of the council are open to the public and that sufficient advance notice of meetings is provided pursuant to the open meeting law.
4) Prepare reports and make recommendations, as necessary.
5) Perform other activities the council deems necessary to increase the ability of Idahoans with disabilities to live independently.
6) Promulgate rules, as may be necessary in compliance with Chapter 52, Title 67, Idaho Code.
WIOA replaces the Workforce Investment Act of 1998 and retains and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973. Under WIOA, SEC. 474. STATE PLAN, Section 704 (29 U.S.C. 796c) regarding future SPIL development and implementation is amended as follows:
(A) developed by the chairperson of the Statewide Independent Living Council, and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities and other stakeholders throughout the State; and
(B) Signed by–
(i) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council;
(ii) the director of the designated State entity described in subsection (c); and
(iii) not less than 51 percent of the directors of the centers for independent living in the state;
(o) Promoting Full Access to Community Life – The plan shall describe how the State will provide independent living services described in section 7(18) that promote full access to community life for individuals with significant disabilities.
SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL
Section 705 (29 U.S.C. 796d) is amended–
(1) DUTIES- The Council shall–
(A) develop the State plan as provided in section 704(a)(2);
(B) monitor, review, and evaluate the implementation of the State plan;
(C) meet regularly, and ensure that such meetings of the Council are open to the public and sufficient advance notice of such meetings is provided;
(D) submit to the Administrator such periodic reports as the Administrator may reasonably request, and keep such records, and afford such access to such records, as the Administrator finds necessary to verify the information in such reports; and
(E) as appropriate, coordinate activities with other entities in the State that provide services similar to or complementary to independent living services, such as entities that facilitate the provision of or provide long-term community-based services and supports.
(2) AUTHORITIES – The Council may, consistent with the State plan described in section 704, unless prohibited by State law–
(A) in order to improve services provided to individuals with disabilities, work with centers for independent living to coordinate services with public and private entities;
(B) conduct resource development activities to support the activities described in this subsection or to support the provision of independent living services by centers for independent living; and
(C) perform such other functions, consistent with the purpose of this chapter and comparable to other functions described in this subsection, as the Council determines to be appropriate.