29 USC 796c - State plan

U.S Code last checked for updates: Nov 23, 2024

§ 796c.

State plan

(a)

In general

(1)

Requirement

(2)

Joint development

The plan under paragraph (1) shall be jointly—

(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.

(3)

Periodic review and revision

The plan shall provide for the review and revision of the plan, not less than once every 3 years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, needs in the State for—

(A)

the provision of independent living services in the State;

(B)

the development and support of a statewide network of centers for independent living; and

(C)

working relationships and collaboration between—

(i)

centers for independent living; and

(ii)

(I)

entities carrying out programs that provide independent living services, including those serving older individuals;

(II)

other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and

(III)

entities carrying out other programs providing services for individuals with disabilities.

(4)

Date of submission

(5)

Statewideness

(b)

Statewide Independent Living Council

(c)

Designation of State entity

The plan shall designate a State entity of such State (referred to in this subchapter as the “designated State entity”) as the agency that, on behalf of the State, shall—

(1)

receive, account for, and disburse funds received by the State under this part based on the plan;

(2)

provide administrative support services for a program under subpart 2, and a program under subpart 3 in a case in which the program is administered by the State under section 796f–2 of this title;

(3)

keep such records and afford such access to such records as the Administrator finds to be necessary with respect to the programs;

(4)

submit such additional information or provide such assurances as the Administrator may require with respect to the programs; and

(5)

retain not more than 5 percent of the funds received by the State for any fiscal year under subpart 2, for the performance of the services outlined in paragraphs (1) through (4).

(d)

Objectives

The plan shall—

(1)

specify the objectives to be achieved under the plan and establish timelines for the achievement of the objectives; and

(2)

explain how such objectives are consistent with and further the purpose of this part.

(e)

Independent living services

(f)

Scope and arrangements

(g)

Network

(h)

Centers

(i)

Cooperation, coordination, and working relationships among various entities

The plan shall set forth the steps that will be taken to maximize the cooperation, coordination, and working relationships among—

(1)

the Statewide Independent Living Council;

(2)

centers for independent living;

(3)

the designated State entity; and

(4)

other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by the Council.

(j)

Coordination of services

(k)

Coordination between Federal and State sources

(l)

Outreach

(m)

Requirements

The plan shall provide satisfactory assurances that all recipients of financial assistance under this part will—

(1)

notify all individuals seeking or receiving services under this part about the availability of the client assistance program under section 732 of this title, the purposes of the services provided under such program, and how to contact such program;

(2)

take affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms and conditions required with respect to the employment of such individuals under the provisions of section 793 of this title;

(3)

adopt such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds paid to the State under this part;

(4)

(A)

maintain records that fully disclose—

(i)

the amount and disposition by such recipient of the proceeds of such financial assistance;

(ii)

the total cost of the project or undertaking in connection with which such financial assistance is given or used; and

(iii)

the amount of that portion of the cost of the project or undertaking supplied by other sources;

(B)

maintain such other records as the Administrator determines to be appropriate to facilitate an effective audit;

(C)

afford such access to records maintained under subparagraphs (A) and (B) as the Administrator determines to be appropriate; and

(D)

submit such reports with respect to such records as the Administrator determines to be appropriate;

(5)

provide access to the Administrator and the Comptroller General or any of their duly authorized representatives, for the purpose of conducting audits and examinations, of any books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under this part; and

(6)

provide for public hearings regarding the contents of the plan during both the formulation and review of the plan.

(n)

Evaluation

(o)

Promoting full access to community life

(Pub. L. 93–112, title VII, § 704, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218; amended Pub. L. 113–128, title IV, § 474, July 22, 2014, 128 Stat. 1686.)

cite as: 29 USC 796c