IC 12-12-8
Chapter 8. Centers for Independent Living
IC 12-12-8-1 "Center for independent living" defined
Sec. 1. As used in this chapter, "center for independent living"
means a consumer controlled, community based, cross-disability,
nonresidential private nonprofit agency that:
(1) is designed and operated within a local community by
individuals with disabilities; and
(2) provides an array of independent living services. As added by P.L.272-1999, SEC.37.
IC 12-12-8-1.5 "Commissioner" defined
Sec. 1.5. As used in this chapter, "commissioner" means the
commissioner of the Rehabilitation Services Administration in the
United States Department of Education. As added by P.L.217-2005, SEC.5.
IC 12-12-8-2 "Consumer control" defined
Sec. 2. As used in this chapter, "consumer control" means, with
respect to a center for independent living or an eligible agency:
(1) that the center or eligible agency vests power and authority
in individuals with disabilities, including individuals who are or
have been recipients of independent living services; and
(2) that:
(A) at least fifty-one percent (51%) of the members of the
center's board have significant disabilities; and
(B) a majority of the center's staff and employees in decision
making positions are individuals with disabilities. As added by P.L.272-1999, SEC.37. Amended by P.L.217-2005,
SEC.6; P.L.141-2006, SEC.49.
IC 12-12-8-2.5 "Council" defined
Sec. 2.5. As used in this chapter, "council" means the statewide
independent living council established by section 6 of this chapter. As added by P.L.217-2005, SEC.7.
IC 12-12-8-3 "Cross-disability" defined
Sec. 3. As used in this chapter, "cross-disability" means, with
respect to a center for independent living, that a center provides
independent living services to individuals representing a range of
significant disabilities and does not require the presence of one (1)
or more specific significant disabilities before determining that an
individual is eligible for independent living services. As added by P.L.272-1999, SEC.37. IC 12-12-8-3.2 "Federal act" defined
Sec. 3.2. As used in this chapter, "federal act" refers to the Federal
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and amendments
to that statute. As added by P.L.217-2005, SEC.8.
IC 12-12-8-3.4 "Individual with a disability" defined
Sec. 3.4. As used in this chapter, "individual with a disability"
means an individual who:
(1) has a physical or mental impairment that substantially limits
a major life activity;
(2) has a record of an impairment described in subdivision (1);
or
(3) is regarded as having an impairment described in
subdivision (1). As added by P.L.217-2005, SEC.9.
IC 12-12-8-3.6 "Individual with a significant disability" defined
Sec. 3.6. As used in this chapter, "individual with a significant
disability" means an individual who has a significant physical or
mental impairment that substantially limits the individual's ability to:
(1) function independently in the family or community; or
(2) obtain, maintain, or advance in employment. As added by P.L.217-2005, SEC.10.
IC 12-12-8-3.8 "State plan" defined
Sec. 3.8. As used in this chapter, "state plan" means the materials
jointly developed and submitted by the council and the division to
the commissioner containing the state's proposals for the following:
(1) The proposal for providing independent living services with
federal funds under Title VII, Part B of the federal act.
(2) The development and support of a statewide network of
centers for independent living.
(3) Working relationships among:
(A) programs providing independent living services and
independent living centers; and
(B) the vocational rehabilitation program administered by
the division under the federal act and other programs
providing services for individuals with disabilities. As added by P.L.217-2005, SEC.11. Amended by P.L.141-2006,
SEC.50.
IC 12-12-8-4 Provisions void that violate federal law; eligibility for funding
Sec. 4. (a) Any provision of this chapter that violates a federal law
or federal regulation is void.
(b) To be eligible to receive state funds, a center for independent
living must meet the requirements for federal funding for a center for
independent living under:
(1) 29 U.S.C. 796; and
(2) 34 CFR Parts 364 through 366;
that are in effect January 1, 1995. As added by P.L.272-1999, SEC.37. Amended by P.L.217-2005,
SEC.12.
IC 12-12-8-5 Designation of division as responsible state unit
Sec. 5. The division is designated as the state unit under Title VII
of the federal act and has the following responsibilities:
(1) To receive, account for, and disburse funds received by the
state under the federal act based on the state plan.
(2) To provide administrative assistance to support independent
living programs and the activities of centers under Title VII,
Part B of the federal act.
(3) To keep records and take actions with respect to the records
as required by the commissioner.
(4) To submit additional information or provide assurances with
respect to the independent living programs as required by the
commissioner. As added by P.L.217-2005, SEC.13. Amended by P.L.141-2006,
SEC.51.
IC 12-12-8-6 Establishment of statewide independent living council;
membership; requirements
Sec. 6. (a) There is established a statewide independent living
council. The council is not a part of a state agency.
(b) The council consists of at least twenty (20) members
appointed by the governor, including the following:
(1) At least one (1) director of a center for independent living
located in Indiana chosen by the directors of the centers for
independent living located in Indiana.
(2) Nonvoting members from state agencies that provide
services for individuals with disabilities.
(3) Other members, who may include the following:
(A) Representatives of centers for independent living.
(B) Parents and guardians of individuals with disabilities.
(C) Advocates for individuals with disabilities.
(D) Representatives from private business.
(E) Representatives of organizations that provide services
for individuals with disabilities.
(F) Other appropriate individuals.
(c) The members appointed under subsection (b) must:
(1) provide statewide representation;
(2) represent a broad range of individuals with disabilities from
diverse backgrounds;
(3) be knowledgeable about centers for independent living and
independent living services; and
(4) include a majority of members who:
(A) are individuals with disabilities; and
(B) are not employed by a state agency or a center for
independent living. As added by P.L.217-2005, SEC.14. Amended by P.L.1-2006,
SEC.185; P.L.141-2006, SEC.52; P.L.182-2009(ss), SEC.298.
IC 12-12-8-7 Salary per diem
Sec. 7. (a) Each member of the council who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state polices and procedures established by the Indiana
department of administration and approved by the budget agency.
(b) Each member of the council who is a state employee is entitled
to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency. As added by P.L.217-2005, SEC.15.
IC 12-12-8-8 Terms of council members; limitation
Sec. 8. (a) A member appointed to the council by the governor
serves a term of three (3) years, beginning on July 1 after
appointment. However, a member appointed to fill a vacancy on the
council serves for the remainder of the unexpired term.
(b) A member appointed to the council by the governor may not
serve more than two (2) consecutive terms. As added by P.L.217-2005, SEC.16.
IC 12-12-8-9 Appointment to fill vacancy on council
Sec. 9. If a vacancy occurs among the voting members of the
council, the original appointing authority shall appoint a qualified
individual to serve for the unexpired term of the vacating member. As added by P.L.217-2005, SEC.17.
IC 12-12-8-10 Powers and duties of council; public access to meetings
Sec. 10. (a) The council has the powers and duties specified in
this chapter.
(b) The council may do the following:
(1) Jointly develop and sign the state plan in conjunction with
the designated state unit.
(2) Monitor, review, and evaluate the implementation of the
state plan.
(3) Coordinate activities with the state rehabilitation council
and other councils that address the needs of specific disability
issues.
(4) Submit periodic reports to the funding sources and provide
access to the records that are necessary to verify contents of the
reports.
(5) Do other things necessary and proper to implement this
chapter.
(c) The council shall ensure that all meetings of the council are
open to the public and in accessible formats with sufficient advance
public notice. As added by P.L.217-2005, SEC.18.
IC 12-12-8-11 Preparation and submission of state plan
Sec. 11. The division shall prepare the state plan that must be
submitted to the commissioner. As added by P.L.217-2005, SEC.19.
IC 12-12-8-12 Awarding of grants to eligible centers
Sec. 12. The division may award grants to any eligible center for
independent living with funds that the division receives under Title
VII, Part B of the federal act. As added by P.L.217-2005, SEC.20.
IC 12-12-8-13 Appointment of peer review committee
Sec. 13. The council and the division shall jointly appoint a peer
review committee to make recommendations for grants to new
organizations eligible to be centers for independent living. As added by P.L.217-2005, SEC.21.
IC 12-12-8-14 Eligibility of centers to receive funds
Sec. 14. A center for independent living is eligible to receive
money under this chapter as long as the center complies with the
standards and assurances required under Section 725 of the federal
act. A center that receives only state or federal funds under Title VII,
Part B of the federal act is subject to review by the division. A center
that receives federal funds under Title VII, Part C of the federal act
is subject to review by the federal government. A finding of
noncompliance must be supported by a written report from the peer
review committee appointed under section 13 of this chapter. As added by P.L.217-2005, SEC.22.
IC 12-12-8-15 Compliance with state plan and federal law
Sec. 15. A center for independent living that receives money
under this chapter shall comply with the standards and assurances
required under the state plan and Section 725 of the federal act. The
center for independent living shall provide the required assurances
to the division. As added by P.L.217-2005, SEC.23.
IC 12-12-8-16 Conditions for division to award grant for new center; criteria for
ranking eligible agencies
Sec. 16. (a) If:
(1) there is no center for independent living serving a region of
Indiana or a region of Indiana is underserved; and
(2) the state receives an increase in its federal allotment that is
sufficient to support an additional center for independent living
in Indiana;
the division may award a grant to an eligible agency for a new center
for independent living in the unserved or underserved region. A grant
awarded under this section must be consistent with the provisions of
the state plan establishing a statewide network of centers for
independent living.
(b) The council shall rank eligible agencies applying for a grant
under this section using the standards and assurances required under
Section 725 of the federal act. The council shall consider the ability
of the applicant to operate a center for independent living and shall
select an applicant using the following criteria:
(1) Evidence of the need for a center for independent living in
the applicant's region of Indiana that is consistent with the state
plan.
(2) The past performance of the applicant in providing services
comparable to independent living services.
(3) The applicant's plan for complying with, or demonstrated
compliance with, the standards and assurances set forth in
Section 725 of the federal act.
(4) The quality of the applicant's key personnel and the
involvement of individuals with significant disabilities. As added by P.L.217-2005, SEC.24.
IC 12-12-8-17 Division review of centers
Sec. 17. (a) The division shall periodically review each new
center for independent living that receives:
(1) money under Title VII, Part B of the federal act; or
(2) a grant under this chapter;
to determine whether the center is in compliance with the standards
and assurances set forth in Section 725 of the federal act.
(b) If the division determines that a center reviewed under
subsection (a) is not in compliance with the standards and assurances
set forth in Section 725 of the federal act, the division shall
immediately notify the center of the division's determination of
noncompliance. A center may appeal the determination by requesting
a hearing from the office of the secretary not later than thirty (30)
days after receiving notice from the division.
(c) Except as provided in subsection (d), the division shall
terminate all funds to a center determined to be in noncompliance
under this section not later than ninety (90) days after the date of:
(1) the division's notification of noncompliance; or
(2) a final decision by the office of the secretary in the case of
a center that appeals the division's determination under
subsection (b).
(d) The division may not terminate the funds of a center for
independent living that is determined to be noncompliant with the
standards and assurances set forth in Section 725 of the federal act
if:
(1) the center submits to the division a plan for achieving
compliance within ninety (90) days; and
(2) the division approves the plan.
A plan required under this subsection must be submitted not later
than thirty (30) days after the center receives a notice of
noncompliance from the division under subsection (b). As added by P.L.217-2005, SEC.25.
IC 12-12-8
Chapter 8. Centers for Independent Living
IC 12-12-8-1 "Center for independent living" defined
Sec. 1. As used in this chapter, "center for independent living"
means a consumer controlled, community based, cross-disability,
nonresidential private nonprofit agency that:
(1) is designed and operated within a local community by
individuals with disabilities; and
(2) provides an array of independent living services. As added by P.L.272-1999, SEC.37.
IC 12-12-8-1.5 "Commissioner" defined
Sec. 1.5. As used in this chapter, "commissioner" means the
commissioner of the Rehabilitation Services Administration in the
United States Department of Education. As added by P.L.217-2005, SEC.5.
IC 12-12-8-2 "Consumer control" defined
Sec. 2. As used in this chapter, "consumer control" means, with
respect to a center for independent living or an eligible agency:
(1) that the center or eligible agency vests power and authority
in individuals with disabilities, including individuals who are or
have been recipients of independent living services; and
(2) that:
(A) at least fifty-one percent (51%) of the members of the
center's board have significant disabilities; and
(B) a majority of the center's staff and employees in decision
making positions are individuals with disabilities. As added by P.L.272-1999, SEC.37. Amended by P.L.217-2005,
SEC.6; P.L.141-2006, SEC.49.
IC 12-12-8-2.5 "Council" defined
Sec. 2.5. As used in this chapter, "council" means the statewide
independent living council established by section 6 of this chapter. As added by P.L.217-2005, SEC.7.
IC 12-12-8-3 "Cross-disability" defined
Sec. 3. As used in this chapter, "cross-disability" means, with
respect to a center for independent living, that a center provides
independent living services to individuals representing a range of
significant disabilities and does not require the presence of one (1)
or more specific significant disabilities before determining that an
individual is eligible for independent living services. As added by P.L.272-1999, SEC.37. IC 12-12-8-3.2 "Federal act" defined
Sec. 3.2. As used in this chapter, "federal act" refers to the Federal
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and amendments
to that statute. As added by P.L.217-2005, SEC.8.
IC 12-12-8-3.4 "Individual with a disability" defined
Sec. 3.4. As used in this chapter, "individual with a disability"
means an individual who:
(1) has a physical or mental impairment that substantially limits
a major life activity;
(2) has a record of an impairment described in subdivision (1);
or
(3) is regarded as having an impairment described in
subdivision (1). As added by P.L.217-2005, SEC.9.
IC 12-12-8-3.6 "Individual with a significant disability" defined
Sec. 3.6. As used in this chapter, "individual with a significant
disability" means an individual who has a significant physical or
mental impairment that substantially limits the individual's ability to:
(1) function independently in the family or community; or
(2) obtain, maintain, or advance in employment. As added by P.L.217-2005, SEC.10.
IC 12-12-8-3.8 "State plan" defined
Sec. 3.8. As used in this chapter, "state plan" means the materials
jointly developed and submitted by the council and the division to
the commissioner containing the state's proposals for the following:
(1) The proposal for providing independent living services with
federal funds under Title VII, Part B of the federal act.
(2) The development and support of a statewide network of
centers for independent living.
(3) Working relationships among:
(A) programs providing independent living services and
independent living centers; and
(B) the vocational rehabilitation program administered by
the division under the federal act and other programs
providing services for individuals with disabilities. As added by P.L.217-2005, SEC.11. Amended by P.L.141-2006,
SEC.50.
IC 12-12-8-4 Provisions void that violate federal law; eligibility for funding
Sec. 4. (a) Any provision of this chapter that violates a federal law
or federal regulation is void.
(b) To be eligible to receive state funds, a center for independent
living must meet the requirements for federal funding for a center for
independent living under:
(1) 29 U.S.C. 796; and
(2) 34 CFR Parts 364 through 366;
that are in effect January 1, 1995. As added by P.L.272-1999, SEC.37. Amended by P.L.217-2005,
SEC.12.
IC 12-12-8-5 Designation of division as responsible state unit
Sec. 5. The division is designated as the state unit under Title VII
of the federal act and has the following responsibilities:
(1) To receive, account for, and disburse funds received by the
state under the federal act based on the state plan.
(2) To provide administrative assistance to support independent
living programs and the activities of centers under Title VII,
Part B of the federal act.
(3) To keep records and take actions with respect to the records
as required by the commissioner.
(4) To submit additional information or provide assurances with
respect to the independent living programs as required by the
commissioner. As added by P.L.217-2005, SEC.13. Amended by P.L.141-2006,
SEC.51.
IC 12-12-8-6 Establishment of statewide independent living council;
membership; requirements
Sec. 6. (a) There is established a statewide independent living
council. The council is not a part of a state agency.
(b) The council consists of at least twenty (20) members
appointed by the governor, including the following:
(1) At least one (1) director of a center for independent living
located in Indiana chosen by the directors of the centers for
independent living located in Indiana.
(2) Nonvoting members from state agencies that provide
services for individuals with disabilities.
(3) Other members, who may include the following:
(A) Representatives of centers for independent living.
(B) Parents and guardians of individuals with disabilities.
(C) Advocates for individuals with disabilities.
(D) Representatives from private business.
(E) Representatives of organizations that provide services
for individuals with disabilities.
(F) Other appropriate individuals.
(c) The members appointed under subsection (b) must:
(1) provide statewide representation;
(2) represent a broad range of individuals with disabilities from
diverse backgrounds;
(3) be knowledgeable about centers for independent living and
independent living services; and
(4) include a majority of members who:
(A) are individuals with disabilities; and
(B) are not employed by a state agency or a center for
independent living. As added by P.L.217-2005, SEC.14. Amended by P.L.1-2006,
SEC.185; P.L.141-2006, SEC.52; P.L.182-2009(ss), SEC.298.
IC 12-12-8-7 Salary per diem
Sec. 7. (a) Each member of the council who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state polices and procedures established by the Indiana
department of administration and approved by the budget agency.
(b) Each member of the council who is a state employee is entitled
to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency. As added by P.L.217-2005, SEC.15.
IC 12-12-8-8 Terms of council members; limitation
Sec. 8. (a) A member appointed to the council by the governor
serves a term of three (3) years, beginning on July 1 after
appointment. However, a member appointed to fill a vacancy on the
council serves for the remainder of the unexpired term.
(b) A member appointed to the council by the governor may not
serve more than two (2) consecutive terms. As added by P.L.217-2005, SEC.16.
IC 12-12-8-9 Appointment to fill vacancy on council
Sec. 9. If a vacancy occurs among the voting members of the
council, the original appointing authority shall appoint a qualified
individual to serve for the unexpired term of the vacating member. As added by P.L.217-2005, SEC.17.
IC 12-12-8-10 Powers and duties of council; public access to meetings
Sec. 10. (a) The council has the powers and duties specified in
this chapter.
(b) The council may do the following:
(1) Jointly develop and sign the state plan in conjunction with
the designated state unit.
(2) Monitor, review, and evaluate the implementation of the
state plan.
(3) Coordinate activities with the state rehabilitation council
and other councils that address the needs of specific disability
issues.
(4) Submit periodic reports to the funding sources and provide
access to the records that are necessary to verify contents of the
reports.
(5) Do other things necessary and proper to implement this
chapter.
(c) The council shall ensure that all meetings of the council are
open to the public and in accessible formats with sufficient advance
public notice. As added by P.L.217-2005, SEC.18.
IC 12-12-8-11 Preparation and submission of state plan
Sec. 11. The division shall prepare the state plan that must be
submitted to the commissioner. As added by P.L.217-2005, SEC.19.
IC 12-12-8-12 Awarding of grants to eligible centers
Sec. 12. The division may award grants to any eligible center for
independent living with funds that the division receives under Title
VII, Part B of the federal act. As added by P.L.217-2005, SEC.20.
IC 12-12-8-13 Appointment of peer review committee
Sec. 13. The council and the division shall jointly appoint a peer
review committee to make recommendations for grants to new
organizations eligible to be centers for independent living. As added by P.L.217-2005, SEC.21.
IC 12-12-8-14 Eligibility of centers to receive funds
Sec. 14. A center for independent living is eligible to receive
money under this chapter as long as the center complies with the
standards and assurances required under Section 725 of the federal
act. A center that receives only state or federal funds under Title VII,
Part B of the federal act is subject to review by the division. A center
that receives federal funds under Title VII, Part C of the federal act
is subject to review by the federal government. A finding of
noncompliance must be supported by a written report from the peer
review committee appointed under section 13 of this chapter. As added by P.L.217-2005, SEC.22.
IC 12-12-8-15 Compliance with state plan and federal law
Sec. 15. A center for independent living that receives money
under this chapter shall comply with the standards and assurances
required under the state plan and Section 725 of the federal act. The
center for independent living shall provide the required assurances
to the division. As added by P.L.217-2005, SEC.23.
IC 12-12-8-16 Conditions for division to award grant for new center; criteria for
ranking eligible agencies
Sec. 16. (a) If:
(1) there is no center for independent living serving a region of
Indiana or a region of Indiana is underserved; and
(2) the state receives an increase in its federal allotment that is
sufficient to support an additional center for independent living
in Indiana;
the division may award a grant to an eligible agency for a new center
for independent living in the unserved or underserved region. A grant
awarded under this section must be consistent with the provisions of
the state plan establishing a statewide network of centers for
independent living.
(b) The council shall rank eligible agencies applying for a grant
under this section using the standards and assurances required under
Section 725 of the federal act. The council shall consider the ability
of the applicant to operate a center for independent living and shall
select an applicant using the following criteria:
(1) Evidence of the need for a center for independent living in
the applicant's region of Indiana that is consistent with the state
plan.
(2) The past performance of the applicant in providing services
comparable to independent living services.
(3) The applicant's plan for complying with, or demonstrated
compliance with, the standards and assurances set forth in
Section 725 of the federal act.
(4) The quality of the applicant's key personnel and the
involvement of individuals with significant disabilities. As added by P.L.217-2005, SEC.24.
IC 12-12-8-17 Division review of centers
Sec. 17. (a) The division shall periodically review each new
center for independent living that receives:
(1) money under Title VII, Part B of the federal act; or
(2) a grant under this chapter;
to determine whether the center is in compliance with the standards
and assurances set forth in Section 725 of the federal act.
(b) If the division determines that a center reviewed under
subsection (a) is not in compliance with the standards and assurances
set forth in Section 725 of the federal act, the division shall
immediately notify the center of the division's determination of
noncompliance. A center may appeal the determination by requesting
a hearing from the office of the secretary not later than thirty (30)
days after receiving notice from the division.
(c) Except as provided in subsection (d), the division shall
terminate all funds to a center determined to be in noncompliance
under this section not later than ninety (90) days after the date of:
(1) the division's notification of noncompliance; or
(2) a final decision by the office of the secretary in the case of
a center that appeals the division's determination under
subsection (b).
(d) The division may not terminate the funds of a center for
independent living that is determined to be noncompliant with the
standards and assurances set forth in Section 725 of the federal act
if:
(1) the center submits to the division a plan for achieving
compliance within ninety (90) days; and
(2) the division approves the plan.
A plan required under this subsection must be submitted not later
than thirty (30) days after the center receives a notice of
noncompliance from the division under subsection (b). As added by P.L.217-2005, SEC.25.
IC 12-12-8
Chapter 8. Centers for Independent Living
IC 12-12-8-1 "Center for independent living" defined
Sec. 1. As used in this chapter, "center for independent living"
means a consumer controlled, community based, cross-disability,
nonresidential private nonprofit agency that:
(1) is designed and operated within a local community by
individuals with disabilities; and
(2) provides an array of independent living services. As added by P.L.272-1999, SEC.37.
IC 12-12-8-1.5 "Commissioner" defined
Sec. 1.5. As used in this chapter, "commissioner" means the
commissioner of the Rehabilitation Services Administration in the
United States Department of Education. As added by P.L.217-2005, SEC.5.
IC 12-12-8-2 "Consumer control" defined
Sec. 2. As used in this chapter, "consumer control" means, with
respect to a center for independent living or an eligible agency:
(1) that the center or eligible agency vests power and authority
in individuals with disabilities, including individuals who are or
have been recipients of independent living services; and
(2) that:
(A) at least fifty-one percent (51%) of the members of the
center's board have significant disabilities; and
(B) a majority of the center's staff and employees in decision
making positions are individuals with disabilities. As added by P.L.272-1999, SEC.37. Amended by P.L.217-2005,
SEC.6; P.L.141-2006, SEC.49.
IC 12-12-8-2.5 "Council" defined
Sec. 2.5. As used in this chapter, "council" means the statewide
independent living council established by section 6 of this chapter. As added by P.L.217-2005, SEC.7.
IC 12-12-8-3 "Cross-disability" defined
Sec. 3. As used in this chapter, "cross-disability" means, with
respect to a center for independent living, that a center provides
independent living services to individuals representing a range of
significant disabilities and does not require the presence of one (1)
or more specific significant disabilities before determining that an
individual is eligible for independent living services. As added by P.L.272-1999, SEC.37. IC 12-12-8-3.2 "Federal act" defined
Sec. 3.2. As used in this chapter, "federal act" refers to the Federal
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and amendments
to that statute. As added by P.L.217-2005, SEC.8.
IC 12-12-8-3.4 "Individual with a disability" defined
Sec. 3.4. As used in this chapter, "individual with a disability"
means an individual who:
(1) has a physical or mental impairment that substantially limits
a major life activity;
(2) has a record of an impairment described in subdivision (1);
or
(3) is regarded as having an impairment described in
subdivision (1). As added by P.L.217-2005, SEC.9.
IC 12-12-8-3.6 "Individual with a significant disability" defined
Sec. 3.6. As used in this chapter, "individual with a significant
disability" means an individual who has a significant physical or
mental impairment that substantially limits the individual's ability to:
(1) function independently in the family or community; or
(2) obtain, maintain, or advance in employment. As added by P.L.217-2005, SEC.10.
IC 12-12-8-3.8 "State plan" defined
Sec. 3.8. As used in this chapter, "state plan" means the materials
jointly developed and submitted by the council and the division to
the commissioner containing the state's proposals for the following:
(1) The proposal for providing independent living services with
federal funds under Title VII, Part B of the federal act.
(2) The development and support of a statewide network of
centers for independent living.
(3) Working relationships among:
(A) programs providing independent living services and
independent living centers; and
(B) the vocational rehabilitation program administered by
the division under the federal act and other programs
providing services for individuals with disabilities. As added by P.L.217-2005, SEC.11. Amended by P.L.141-2006,
SEC.50.
IC 12-12-8-4 Provisions void that violate federal law; eligibility for funding
Sec. 4. (a) Any provision of this chapter that violates a federal law
or federal regulation is void.
(b) To be eligible to receive state funds, a center for independent
living must meet the requirements for federal funding for a center for
independent living under:
(1) 29 U.S.C. 796; and
(2) 34 CFR Parts 364 through 366;
that are in effect January 1, 1995. As added by P.L.272-1999, SEC.37. Amended by P.L.217-2005,
SEC.12.
IC 12-12-8-5 Designation of division as responsible state unit
Sec. 5. The division is designated as the state unit under Title VII
of the federal act and has the following responsibilities:
(1) To receive, account for, and disburse funds received by the
state under the federal act based on the state plan.
(2) To provide administrative assistance to support independent
living programs and the activities of centers under Title VII,
Part B of the federal act.
(3) To keep records and take actions with respect to the records
as required by the commissioner.
(4) To submit additional information or provide assurances with
respect to the independent living programs as required by the
commissioner. As added by P.L.217-2005, SEC.13. Amended by P.L.141-2006,
SEC.51.
IC 12-12-8-6 Establishment of statewide independent living council;
membership; requirements
Sec. 6. (a) There is established a statewide independent living
council. The council is not a part of a state agency.
(b) The council consists of at least twenty (20) members
appointed by the governor, including the following:
(1) At least one (1) director of a center for independent living
located in Indiana chosen by the directors of the centers for
independent living located in Indiana.
(2) Nonvoting members from state agencies that provide
services for individuals with disabilities.
(3) Other members, who may include the following:
(A) Representatives of centers for independent living.
(B) Parents and guardians of individuals with disabilities.
(C) Advocates for individuals with disabilities.
(D) Representatives from private business.
(E) Representatives of organizations that provide services
for individuals with disabilities.
(F) Other appropriate individuals.
(c) The members appointed under subsection (b) must:
(1) provide statewide representation;
(2) represent a broad range of individuals with disabilities from
diverse backgrounds;
(3) be knowledgeable about centers for independent living and
independent living services; and
(4) include a majority of members who:
(A) are individuals with disabilities; and
(B) are not employed by a state agency or a center for
independent living. As added by P.L.217-2005, SEC.14. Amended by P.L.1-2006,
SEC.185; P.L.141-2006, SEC.52; P.L.182-2009(ss), SEC.298.
IC 12-12-8-7 Salary per diem
Sec. 7. (a) Each member of the council who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state polices and procedures established by the Indiana
department of administration and approved by the budget agency.
(b) Each member of the council who is a state employee is entitled
to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency. As added by P.L.217-2005, SEC.15.
IC 12-12-8-8 Terms of council members; limitation
Sec. 8. (a) A member appointed to the council by the governor
serves a term of three (3) years, beginning on July 1 after
appointment. However, a member appointed to fill a vacancy on the
council serves for the remainder of the unexpired term.
(b) A member appointed to the council by the governor may not
serve more than two (2) consecutive terms. As added by P.L.217-2005, SEC.16.
IC 12-12-8-9 Appointment to fill vacancy on council
Sec. 9. If a vacancy occurs among the voting members of the
council, the original appointing authority shall appoint a qualified
individual to serve for the unexpired term of the vacating member. As added by P.L.217-2005, SEC.17.
IC 12-12-8-10 Powers and duties of council; public access to meetings
Sec. 10. (a) The council has the powers and duties specified in
this chapter.
(b) The council may do the following:
(1) Jointly develop and sign the state plan in conjunction with
the designated state unit.
(2) Monitor, review, and evaluate the implementation of the
state plan.
(3) Coordinate activities with the state rehabilitation council
and other councils that address the needs of specific disability
issues.
(4) Submit periodic reports to the funding sources and provide
access to the records that are necessary to verify contents of the
reports.
(5) Do other things necessary and proper to implement this
chapter.
(c) The council shall ensure that all meetings of the council are
open to the public and in accessible formats with sufficient advance
public notice. As added by P.L.217-2005, SEC.18.
IC 12-12-8-11 Preparation and submission of state plan
Sec. 11. The division shall prepare the state plan that must be
submitted to the commissioner. As added by P.L.217-2005, SEC.19.
IC 12-12-8-12 Awarding of grants to eligible centers
Sec. 12. The division may award grants to any eligible center for
independent living with funds that the division receives under Title
VII, Part B of the federal act. As added by P.L.217-2005, SEC.20.
IC 12-12-8-13 Appointment of peer review committee
Sec. 13. The council and the division shall jointly appoint a peer
review committee to make recommendations for grants to new
organizations eligible to be centers for independent living. As added by P.L.217-2005, SEC.21.
IC 12-12-8-14 Eligibility of centers to receive funds
Sec. 14. A center for independent living is eligible to receive
money under this chapter as long as the center complies with the
standards and assurances required under Section 725 of the federal
act. A center that receives only state or federal funds under Title VII,
Part B of the federal act is subject to review by the division. A center
that receives federal funds under Title VII, Part C of the federal act
is subject to review by the federal government. A finding of
noncompliance must be supported by a written report from the peer
review committee appointed under section 13 of this chapter. As added by P.L.217-2005, SEC.22.
IC 12-12-8-15 Compliance with state plan and federal law
Sec. 15. A center for independent living that receives money
under this chapter shall comply with the standards and assurances
required under the state plan and Section 725 of the federal act. The
center for independent living shall provide the required assurances
to the division. As added by P.L.217-2005, SEC.23.
IC 12-12-8-16 Conditions for division to award grant for new center; criteria for
ranking eligible agencies
Sec. 16. (a) If:
(1) there is no center for independent living serving a region of
Indiana or a region of Indiana is underserved; and
(2) the state receives an increase in its federal allotment that is
sufficient to support an additional center for independent living
in Indiana;
the division may award a grant to an eligible agency for a new center
for independent living in the unserved or underserved region. A grant
awarded under this section must be consistent with the provisions of
the state plan establishing a statewide network of centers for
independent living.
(b) The council shall rank eligible agencies applying for a grant
under this section using the standards and assurances required under
Section 725 of the federal act. The council shall consider the ability
of the applicant to operate a center for independent living and shall
select an applicant using the following criteria:
(1) Evidence of the need for a center for independent living in
the applicant's region of Indiana that is consistent with the state
plan.
(2) The past performance of the applicant in providing services
comparable to independent living services.
(3) The applicant's plan for complying with, or demonstrated
compliance with, the standards and assurances set forth in
Section 725 of the federal act.
(4) The quality of the applicant's key personnel and the
involvement of individuals with significant disabilities. As added by P.L.217-2005, SEC.24.
IC 12-12-8-17 Division review of centers
Sec. 17. (a) The division shall periodically review each new
center for independent living that receives:
(1) money under Title VII, Part B of the federal act; or
(2) a grant under this chapter;
to determine whether the center is in compliance with the standards
and assurances set forth in Section 725 of the federal act.
(b) If the division determines that a center reviewed under
subsection (a) is not in compliance with the standards and assurances
set forth in Section 725 of the federal act, the division shall
immediately notify the center of the division's determination of
noncompliance. A center may appeal the determination by requesting
a hearing from the office of the secretary not later than thirty (30)
days after receiving notice from the division.
(c) Except as provided in subsection (d), the division shall
terminate all funds to a center determined to be in noncompliance
under this section not later than ninety (90) days after the date of:
(1) the division's notification of noncompliance; or
(2) a final decision by the office of the secretary in the case of
a center that appeals the division's determination under
subsection (b).
(d) The division may not terminate the funds of a center for
independent living that is determined to be noncompliant with the
standards and assurances set forth in Section 725 of the federal act
if:
(1) the center submits to the division a plan for achieving
compliance within ninety (90) days; and
(2) the division approves the plan.
A plan required under this subsection must be submitted not later
than thirty (30) days after the center receives a notice of
noncompliance from the division under subsection (b). As added by P.L.217-2005, SEC.25.
