Section 10. Definitions

Part I. Independent Living Services Program And Centers For Independent Living Program: General Provisions

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

"Act" means the federal Rehabilitation Act of 1973 (29 USC § 701 et seq.), as amended.

"Advocacy" means pleading an individual's cause or speaking or writing in support of an individual. To the extent permitted by state law or the rules of the agency before which an individual is appearing, a nonlawyer may engage in advocacy on behalf of another individual. Advocacy may:

1. Involve representing an individual:

a. Before private entities or organizations, government agencies (whether state, local, or federal), or in a court of law (whether state or federal); or

b. In negotiations or mediation, in formal or informal administrative proceedings before government agencies (whether state, local, or federal), or in legal proceedings in a court of law; and

2. Be on behalf of:

a. A single individual, in which case it is individual advocacy;

b. A group or class of individuals, in which case it is systems (or systemic) advocacy; or

c. Oneself, in which case it is self-advocacy.

"Attendant care" means a personal assistance service provided to an individual with significant disabilities in performing a variety of tasks required to meet essential personal needs in areas such as bathing, communicating, cooking, dressing, eating, homemaking, toileting, and transportation.

"Center for independent living (CIL)" means a consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agency that is designed and operated within a local community by individuals with disabilities and provides an array of IL services.

"Consumer control" means, with respect to a center or eligible agency, that the center or eligible agency vests power and authority in individuals with disabilities, including individuals who are or have been recipients of IL services.

"Cross-disability" means, with respect to a center, that a center provides IL services to individuals representing a range of significant disabilities and does not require the presence of one or more specific significant disabilities before determining that an individual is eligible for IL services.

"Designated state agency" or "state agency" means the sole state agency designated to administer (or supervise local administration of) the state plan for the State Vocational Rehabilitation (VR) Services program.

"Designated state unit" or "DSU" means the state agency or the bureau, division, or other organizational unit within a state agency that is primarily concerned with the vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities and that is responsible for the administration of the State Vocational Rehabilitation (VR) Services program of the state agency; or the independent state commission, board, or other agency that has the vocational rehabilitation, or vocational or other rehabilitation, of individuals with disabilities as its primary function.

"Eligible agency" means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit agency.

"Individual with a disability" means an individual who (i) has a physical, mental, cognitive, or sensory impairment that substantially limits one or more of the individual's major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment.

"Individual with a significant disability" means an individual with a severe physical, mental, cognitive, or sensory impairment whose ability to function independently in the family or community, or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of IL services will improve the ability to function, continue functioning, or move toward functioning independently in family or community or to continue in employment.

"Legally authorized advocate or representative" means an individual who is authorized under state law to act or advocate on behalf of another individual.

"Minority group" means Alaskan Natives, American Indians, Asian Americans, Blacks (African Americans), Hispanic Americans, Native Hawaiians, and Pacific Islanders.

"Nonresidential" means, with respect to a center, that the center, as of October 1, 1994, does not operate or manage housing or shelter for individuals as an IL service on either a temporary or long-term basis unless the housing or shelter is:

1. Incidental to the overall operation of the center;

2. Necessary so that the individual may receive an IL service; and

3. Limited to a period not to exceed eight weeks during any six-month period.

"Peer relationships" mean relationships involving mutual support and assistance among individuals with significant disabilities who are actively pursuing IL goals.

"Peer role models" mean individuals with significant disabilities whose achievements can serve as a positive example for other individuals with significant disabilities.

"Personal assistance services" mean a range of IL services, provided by one or more persons, designed to assist an individual with a significant disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. These IL services must be designed to increase the individual's control in life and ability to perform everyday activities on or off the job.

"Service provider" means:

1. A DSU that directly provides IL services to individuals with significant disabilities;

2. A center that receives financial assistance under Parts B or C of Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act; or

3. Any other entity or individual that meets the requirements of subsection D of 22VAC30-30-20 and provides IL services under a grant or contract from the DSU in response to subsection A of 22VAC30-30-270.

"Significant disability" means a severe physical, mental, cognitive, or sensory impairment that substantially limits an individual's ability to function independently in the family or community or to obtain, maintain, or advance in employment.

"State plan" means the state IL plan required under § 704 of Title VII (29 USC § 796 et seq.) of the Act.

"Transportation" means travel and related expenses that are necessary to enable an individual with a significant disability to benefit from another IL service and travel and related expenses for an attendant or aide if the services of that attendant or aide are necessary to enable an individual with a significant disability to benefit from that IL service.

"Unserved and underserved groups or populations" include, but are not limited to, groups or populations of individuals with significant disabilities who:

1. Have cognitive and sensory impairments;

2. Are members of racial and ethnic minority groups;

3. Live in rural areas; or

4. Have been identified by the eligible agency as unserved or underserved within a center's project area.

Historical Notes

Derived from VR595-02-1 § 1, eff. November 1, 1987; amended, Volume 20, Issue 09, eff. February 11, 2004.

Statutory Authority

§ 51.5-14 of the Code of Virginia.