§ 364.21What are the requirements for the Statewide Independent Living Council (SILC)?
(1) To be eligible to receive assistance under chapter 1 of title VII of the Act, each State shall establish a SILC that meets the requirements of section 705 of the Act.
(2) The SILC may not be established as an entity within a State agency, including the designated State agency or DSU. The SILC shall be independent of the DSU and all other State agencies.
(b)Appointment and composition—
(1)Appointment. Members of the SILC must be appointed by the Governor or the appropriate entity within the State responsible, in accordance with State law, for making appointments.
(i) The SILC must include—
(A) At least one director of a center chosen by the directors of centers within the State; and
(B) As ex officio, nonvoting members, a representative from the DSU and representatives from other State agencies that provide services to individuals with disabilities.
(ii) The SILC may include—
(A) Other representatives from centers;
(B) Parents and legal guardians of individuals with disabilities;
(C) Advocates of and for individuals with disabilities;
(D) Representatives from private businesses;
(E) Representatives from organizations that provide services for individuals with disabilities; and
(F) Other appropriate individuals.
(iii) A majority of the members of the SILC must be individuals with disabilities, as defined in § 364.4(b), and not employed by any State agency or center.
(c)Qualifications. The SILC must be composed of members—
(1) Who provide statewide representation;
(2) Who represent a broad range of individuals with disabilities; and
(3) Who are knowledgeable about centers and IL services.
(d)Voting members. A majority of the voting members of the SILC must be individuals with disabilities, as defined in § 364.4(b), and not employed by any State agency or center.
(1)In general. Except as provided in paragraph (e)(2) of this section, the SILC shall select a chairperson from among the voting membership of the SILC.
(2)Designation by Governor. In States in which the Governor does not have veto power pursuant to State law, the Governor shall designate a voting member of the SILC to serve as the chairperson of the SILC or shall require the SILC to so designate a voting member.
(f)Terms of appointment. Each member of the SILC shall serve for term of three years, except that—
(1) A member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed must be appointed for the remainder of that term;
(2) The terms of service of the members initially appointed must be (as specified by the appointing authority) for the fewer number of years as will provide for the expiration of terms on a staggered basis; and
(3) No member of the SILC may serve for more than two consecutive full terms.
(g)Duties. The SILC shall—
(1) Jointly develop and sign (in conjunction with the DSU) the State plan required by section 704 of the Act and § 364.20;
(2) Monitor, review, and evaluate the implementation of the State plan;
(3) Coordinate activities with the State Rehabilitation Advisory Council established under section 105 of the Act and councils that address the needs of specific disability populations and issues under other Federal law;
(4) Ensure that all regularly scheduled meetings of the SILC are open to the public and sufficient advance notice is provided; and
(5) Submit to the Secretary all periodic reports as the Secretary may reasonably request and keep all records, and afford access to all records, as the Secretary finds necessary to verify the periodic reports.
(h)Hearings. The SILC is authorized to hold any hearings and forums that the SILC determines to be necessary to carry out its duties.
(1) The SILC shall prepare, in conjunction with the DSU, a resource plan for the provision of resources, including staff and personnel, made available under parts B and C of chapter 1 of title VII of the Act, part C of title I of the Act, and from other public and private sources that may be necessary to carry out the functions of the SILC under this part.
(2) The SILC's resource plan must, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the State plan.
(3) No conditions or requirements may be included in the SILC's resource plan that may compromise the independence of the SILC.
(4) The SILC is responsible for the proper expenditure of funds and use of resources that it receives under the resource plan.
(5) A description of the SILC's resource plan required by paragraph (i)(1) of this section must be included in the State plan.
(1) The SILC shall, consistent with State law, supervise and evaluate its staff and other personnel as may be necessary to carry out its functions under this section.
(2) While assisting the SILC in carrying out its duties, staff and other personnel made available to the SILC by the DSU may not be assigned duties by the designated State agency or DSU, or any other agency or office of the State, that would create a conflict of interest.
(k)Reimbursement and compensation. The SILC may use the resources described in paragraph (i) of this section to reimburse members of the SILC for reasonable and necessary expenses of attending SILC meetings and performing SILC duties (including child care and personal assistance services) and to pay compensation to a member of the SILC, if the member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing SILC duties.
(l)Conflict of interest. The code of conduct provisions in 34 CFR 74.162 and the conflict of interest provisions in 34 CFR 75.524 and 75.525 apply to members of the SILC. For purposes of this paragraph and 34 CFR 74.162, 75.524, and 75.525, a SILC is not considered a government, governmental entity, or governmental recipient.
(Approved by the Office of Management and Budget under control number 1820-0527)