Section 141. Order of priorities for centers for independent living

A. This subsection is applicable to federally funded CILs. For grants under subsection C of 22VAC30-30-131, in accordance with a state's allotment and to the extent funds are available, the order of priorities for allocating funds among centers within a state is as follows:

1. Existing centers as described in 34 CFR 366.23 that comply with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 first receive the level of funding each center received in the previous year. However, any funds received by an existing center to establish a new center at a different geographical location in response to subdivision B 2 b of 22VAC30-30-131 are not included in determining the level of funding to the existing center in any fiscal year that the new center applies for and receives funds as a separate center.

2. Existing centers that meet the requirements of subdivision 1 of this subsection then receive a cost-of-living increase in accordance with procedures consistent with § 721(c)(3) of the Act.

3. New centers that comply with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 are considered next. If, after meeting the priorities in subdivisions 1 and 2 of this subsection, there are insufficient funds under the state's allotment under § 721(c) and (d) of the Act to fund a new center, the Secretary of the U.S. Department of Education may (i) use the excess funds in the state to assist existing centers consistent with the state plan or (ii) reallot these funds in accordance with § 721(d) of the Act.

B. This subsection is applicable to federally funded CILs. For grants under subsection D of 22VAC30-30-131, unless the director of the DSU and the chairperson of the Statewide Independent Living Council (council), or other person designated by the council to act on behalf of and at the direction of the council, jointly agree on another order of priorities, the director shall follow the order of priorities in subsection A of this section for allocating funds among centers within a state, to the extent funds are available. If the order of priorities in subsection A is followed and, after meeting the priorities in subdivision A 1 of this section, there are insufficient funds under the state's allotment under § 721(c) and (d) of the Act to fund a new center under subdivision A 3 of this section, the director may (i) use the excess funds in the state to assist existing centers consistent with the state plan, or (ii) return these funds to the Secretary of the U.S. Department of Education for reallotment in accordance with § 721(d) of the Act.

C. This subsection is applicable to state-funded CILs. With guidance from the Statewide Independent Living Council and other entities as appropriate, the department will fund CILs based on documented need.

Historical Notes

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

Statutory Authority

§ 51.5-14 of the Code of Virginia.