Section 211. Periodic review of centers for independent living (CILs)

A. This subsection is applicable to state-funded CILs and CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. The director of the DSU shall periodically review each center to determine whether the center is in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. For purposes of this section, in the case of a state in which there is both a DSU responsible for providing IL services to the general population and a DSU responsible for providing IL services for individuals who are blind, the "director" shall be the director of the general DSU. These state units shall periodically consult with each other with respect to the provision of services for individuals who are blind.

1. For state-funded CILs, the periodic review shall include annual on-site compliance reviews of at least 15 percent of the centers.

2. For CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131, the periodic review shall include annual on-site compliance reviews of at least 15% of the centers.

3. Each team that conducts an on-site compliance review shall include at least one person who is not an employee of the designated state agency, who has experience in the operation of centers, and who is jointly selected by the director of the DSU and the chairperson of the Statewide Independent Living Council (council), or other individual designated by the council to act on behalf of and at the direction of the council.

4. A copy of each review shall be provided to the council. For centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131, a copy shall also be provided to the Secretary of the U.S. Department of Education.

B. This subsection is applicable to federally and state-funded CILs. For state-funded CILs and CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131 if the director of the DSU determines that the center is not in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181, the director shall immediately notify the center in writing that the center is out of compliance. For CILs receiving funds under § 721 of the Act and subsection C of 22VAC30-30-131, if the Secretary of the U.S. Department of Education determines that the center is not in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181, the secretary shall immediately notify the center in writing that the center is out of compliance. The director or secretary, as appropriate, shall provide technical assistance to the center to develop a corrective action plan to comply with the standards and assurances. The director's or secretary's, as appropriate, initial written notice must:

1. Include, at a minimum, (i) the name of the center, (ii) the reason or reasons for proposing the termination of funds or other significant adverse action against the center, including any evidence that the center has failed to comply with any of the evaluation standards or assurances, and (iii) the effective date of the proposed termination of funds or other significant adverse action against the center;

2. Be given 90 days in advance of the date the director or secretary, as appropriate, intends to terminate a center's funds or take any other significant adverse action against the center;

3. Inform the center that it has 90 days from the date the center receives the notice to submit a corrective action plan;

4. For centers receiving federal funds under § 723 or 725 of the Act, inform the center that (i) it may seek mediation and conciliation in accordance with this subsection to resolve any dispute within the 90 days before the proposed action against the center and (ii) if mediation and conciliation are not successful and the director does not issue a final written decision under subdivision C 3 of this section, the center may appeal to the Secretary of the U.S. Department of Education the decision described in the director's initial written notice on or after the 90th day, but not later than the 120th day, after the center receives the director's initial decision; and

5. Be sent by certified mail, return receipt requested, or by other means that provide proof of receipt.

C. This subsection is applicable to state-funded CILs and CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131.

1. Unless the center receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131 submits, within 90 days after receiving the initial written notice, a corrective action plan to achieve compliance that is approved by the director or, if appealed, is approved by the Secretary of the U.S. Department of Education, the director shall terminate all funds under § 723 of the Act and subsection D of 22VAC30-30-131 to the center. Funds shall be terminated 90 days after the later of: (i) the date that the center receives the initial written notice, or (ii) the date that the center receives the secretary's final decision, if the center appeals under 22VAC30-30-220 the director's decision described in the initial written notice, or the director's decision not to approve the corrective action plan.

2. For centers receiving state general funds, the director shall terminate all state general funds to the center 90 days after the date the center receives the director's initial written notice, unless the center submits, within 90 days after receiving the initial written notice, a corrective action plan to achieve compliance that is approved by the director.

3. If the center submits a corrective action plan within the 90-day period, the director shall provide to the center, not later than the 120th day after the center receives the director's initial written notice, a final written decision approving or disapproving the center's corrective action plan and informing the center, if appropriate, of the termination of the center's funds or any other proposed significant adverse action against the center.

a. The director's final written decision to disapprove a center's corrective action plan must (i) address any response from the center to the director's initial written notice, (ii) include a statement of the reasons why the director could not approve the corrective action plan, and (iii) inform a center receiving funds under § 723 of the Act of its right to appeal to the Secretary of the U.S. Department of Education, within 30 days from receipt, the director's final written decision to terminate funds or take other significant adverse action against the center.

b. A director's final written decision to terminate funds or take any other adverse action against a center may not take effect until 30 days after the date that the center receives it.

c. If a center receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131 appeals under subsection A of 22VAC30-30-220, the director's final written decision to terminate funds or take any other adverse action against a center does not take effect until the Secretary of the U.S. Department of Education issues a final decision.

d. The director shall send the final written decision to the center by registered or certified mail, return receipt requested, or other means that provide a record that the center received the director's final written decision.

Historical Notes

Derived from Volume 20, Issue 09, eff. February 11, 2004.

Statutory Authority

§ 51.5-14 of the Code of Virginia.