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Independent Living Centers (CILs) Technical Adjustment Act

Independent Living Centers (CILs) Technical Adjustment Act. U.S. Department of Education Rehabilitation Services Administration (RSA) July 2010. Topics. Background Provisions States Not Eligible to Make a Request to RSA

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Independent Living Centers (CILs) Technical Adjustment Act

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  1. Independent Living Centers (CILs) Technical Adjustment Act U.S. Department of Education Rehabilitation Services Administration (RSA) July 2010

  2. Topics • Background • Provisions • States Not Eligible to Make a Request to RSA • States Eligible to Make a Request to RSA, But Making a Request Is Unnecessary • States Eligible to Make a Request to RSA that Will Result in a Different Distribution • Funding Table • Process for Making a Request to RSA • RSA Contact for Technical Assistance • Questions and Answers

  3. Background • Section 722(e)(1) of the Rehabilitation Act of 1973, as amended (Rehab Act) provides that the RSA Commissioner “shall support existing centers for independent living (CILs or centers) . . . at the level of funding for the previous year.”

  4. Background (cont’d) • Because FY 2009 awards to CILs included regular IL Part C funds and American Recovery and Reinvestment Act of 2009 (ARRA) IL Part C funds, under the Rehab Act, RSA must calculate the amount of a center’s FY 2010 award based on the combined amount of funding from ARRA IL Part C and regular FY 2009 IL Part C funds.

  5. Background (cont’d) • For some States, the addition of the ARRA IL Part C funds alters the percentage of the State’s IL Part C funding that existing centers received in FY 2009 and would then receive in FY 2010 compared to the percentage they received from only the State’s regular FY 2009 IL Part C funds.

  6. Provisions • The CILs Technical Adjustment Act permits some States to request that the RSA Commissioner distribute FY 2010 IL Part C funds to centers without regard to the ARRA IL Part C funds distributed to centers in FY 2009 so that FY 2010 IL Part C funds would be distributed in the same proportion as the centers’ regular FY 2009 IL Part C funds were distributed.

  7. Provisions (cont’d) • Under the CILs Technical Adjustment Act, this FY 2010 distribution can occur for eligible States that make a request to RSA, regardless of any contrary provision in the State Plan for Independent Living (SPIL).

  8. Provisions (cont’d) • For FY 2011 and subsequent years, under the CILs Technical Adjustment Act, RSA will disregard ARRA IL Part C funds in calculating the IL Part C funding centers received the previous year in States that have made a request to RSA under the CILs Technical Adjustment Act.

  9. Provisions (cont’d) • However, RSA will follow the statutory order of priorities and the State’s SPIL in determining how excess IL Part C funds in FY 2011 and subsequent years will be distributed to centers in States that have made a request to RSA under the CILs Technical Adjustment Act.

  10. Provisions (cont’d) • For Part C centers in “section 723” States (Minnesota and Massachusetts), the CILs Technical Adjustment Act provides the DSU director of these States with authority comparable to RSA -- to disregard ARRA funds when calculating IL Part C awards to centers in FY 2010 and in subsequent fiscal years and to distribute FY 2010 IL Part C awards to centers in the same proportion that it distributed regular IL Part C awards in FY 2009. • The DSU Director of a section 723 State does not need to make a request to RSA to exercise this authority.

  11. States Not Eligible to Make a Request to RSA • The CILs Technical Adjustment Act excludes States in which any of the ARRA IL Part C funds are being used for a competition to establish a new Part C CIL from making a request to RSA. • Under the CILs Technical Adjustment Act, the following States are not eligible to make a request to RSA: Alaska, Georgia, Illinois, Michigan, North Carolina, Tennessee, Texas, Washington, New Jersey, New York, and Ohio. • This is because ARRA IL Part C funds must be included in calculating the new CILs’ funding in subsequent years.

  12. Eligible States Where Making a Request to RSA Is Unnecessary • It is unnecessary for the following States to make a request to RSA under the CILs Technical Adjustment Act because their ARRA IL Part C funds were distributed in the same proportion as their regular FY 2009 funds. Therefore, the request would not alter the percentage of IL Part C funding that any of the CILs will receive in FY 2010 or subsequent years: Arkansas, Colorado, Connecticut, Delaware, Kansas, Louisiana, Missouri, Nebraska, New Mexico, Oklahoma, South Dakota, and West Virginia.

  13. Eligible States Where Making a Request to RSA Is Unnecessary (cont’d) • It is unnecessary for the following States to make a request under the CILs Technical Adjustment Act because there is only one CIL in the State or territory: Maine, Mississippi, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands.

  14. States Eligible to Make a Request to RSA that Will Result in a Different Distribution • For the following States, a request to RSA under the CILs Technical Adjustment Act will result in a different distribution of IL Part C funds in FY 2010 from what would otherwise occur under the Rehab Act, and may result in a different distribution of IL Part C funds in FY 2011 and subsequent years depending upon the State’s SPIL:

  15. States Eligible to Make a Request to RSA that Will Result in Different Distribution (cont’d) Alabama, Arizona, California, District of Columbia, Florida, Hawaii, Iowa, Idaho, Indiana, Kentucky, Maryland, Montana, North Dakota, New Hampshire, Nevada, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Utah, Virginia, Vermont, Wisconsin, and Wyoming

  16. 723 States • In both Minnesota and Massachusetts, if the DSU Director exercises his or her authority to disregard ARRA funds and to make FY2010 IL Part C awards to centers in the same proportion that it distributed regular IL Part C awards in FY2009, it would result in a different distribution of IL Part C funds to centers in FY2010 than would otherwise occur under the Rehab Act and it may result in a different distribution of IL Part C funds in FY 2011 and subsequent years, depending upon the State’s SPIL .

  17. Funding Table In order to assist eligible States to decide if they would like to make a request to RSA under the CILs Technical Adjustment Act, RSA has posted a table at the following link that compares CILs’ current IL Part C FY 2010 distribution (including ARRA funds) under the Rehab Act to a proportional distribution (excluding ARRA funds) under the CILs Technical Adjustment Act: http://www.ed.gov/programs/cil/awards.html

  18. Process for Making a Request to RSA • The CILs Technical Adjustment Act requires that the RSA Commissioner must receive a request jointly signed by the director(s) of the State’s designated state unit(s) and the chair of the Statewide Independent Living Council by August 5, 2010, if a State wants RSA to disregard ARRA IL Part C funds in FY 2010 and subsequent years, and to distribute IL Part C funds to centers in FY 2010 in the same proportion as the centers’ regular IL Part C funding in FY2009.

  19. Process for Making a Request to RSA (cont’d) • This request must be received (not postmarked) by RSA no later than 11:59 p.m. EST, August 5, 2010. • By law, RSA cannot consider requests received after this time. • RSA has sent all States an email explaining the CILs Technical Adjustment Act, including a request form with instructions for transmittal.

  20. Process for Making a Request to RSA (cont’d) • No modified versions of the form will be accepted. • RSA will accept forms that are faxed, emailed, mailed, or hand delivered as long as a State’s request is received by RSA on or before the deadline. • If RSA does not receive a request from an eligible State by 11:59 p.m. August 5, 2010, RSA will include the ARRA IL Part C funds distributed to centers in the State in FY2009 in calculating the centers’ FY 2010 awards.

  21. Process for Making a Request to RSA (cont’d) • It is unnecessary for States that do not wish to request a change in how their centers’ FY 2010 IL Part C awards are calculated to contact RSA.

  22. RSA Contact for Technical Assistance • If you have any questions regarding the CILs Technical Adjustment Act, please contact David Esquith at David.Esquith@ed.gov or (202) 245-7336.

  23. Questions and Answers

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