[NFB-Idaho] FW: SILC response to NFB Idaho

Tue Nov 12 19:48:10 UTC 2019

This is a very long response, and I want to share it. I’m not sure that we
can do much with this situation, but any ideas and feedback is appreciated.
Thanks.

From: Mel Leviton [mailto:Mel.Leviton at silc.idaho.gov] 
Sent: Thursday, October 31, 2019 4:22 PM
To: president at nfbidaho.org; Dana Ard -
Cc: Eric Bjork
Subject: SILC response to NFB Idaho

October 29, 2019

National Federation of the Blind of Idaho

Dana Ard, President

1320 E. Washington

Boise, Idaho 83712

Sent via email to:  <mailto:president at nfbidaho.org> president at nfbidaho.org
and  <mailto:danalynard at q.com> danalynard at q.com 

Re.: National Federation of the Blind of Idaho, Resolution 2019-01

Dear Ms. Ard: 

As indicated in our letter to you dated August 27, 2019, the Idaho State 

Independent Living Council (SILC) appreciates the opportunity to address the

concerns presented in your letter dated July 20, 2019 regarding the National

Federation of the Blind of Idaho (NFB Idaho) Resolution 2019-01 of March 22,
2019.  

I received your letter and the accompanying resolution on July 30, 2019. The
Idaho 

SILC executive Committee reviewed your letter and the NFB Idaho resolution
at 

their September 4, 2019 meeting with a full Council review during our
Quarterly 

meeting, October 11, 2019. We appreciate the  historical perspective
provided by 

NFB Idaho, and the opportunity to consider and respond to NFB Idaho
Resolution 

2019-01 regarding the “Anticipated Reduction of Funding For Independent
Living 

Services for the Idaho Commission for the Blind and Visually Impaired.”

The following is a brief overview of Independent Living (IL) funding
sources; 

the 2018 statewide assessment; program resources; Title VII, Chapter I, Part
B 

§713 Authorized Uses of Funds; 2020 Idaho SPIL timeline; and Part II,
section 1.3B 

(1-4) Financial Plan Narratives, material changes:

Independent Living: The Rehabilitation Act of 1973 and IL funding 

sources

1.	While we understand Title 67, Chapter 54 provided for the
establishment of the Idaho Commission for the Blind and Visually Impaired
(ICBVI) in 1967, funding for the program did not come from federal
Independent Living sources as we know them today.  It is our understanding
that resources for ICBVI initially came from other state and federal
programs, and ultimately, through several reauthorizations of the
Rehabilitation Act of 1973.
2.	The 1978 reauthorization of the Rehabilitation Act included funding
for independent living and the establishment of Centers for Independent
Living around the country. Ten states were initially funded. Idaho was not
one of them.  Federal Funding for Independent Living as we now know it
today, did not exist prior to 1978.
3.	The Workforce Innovation and Opportunity Act (WIOA) was signed and
enacted on July 22, 2014. It immediately revised and reauthorized the 1998
version of the Rehabilitation Act known as the Workforce Investment Act
(WIA).  

*	WIOA transferred certain programs from US Department of Education
(ED) to the Department of Health and Human Services (HHS) and gives the
Secretaries of ED and HHS authority to ensure an orderly transition as they
implement these changes. 

·        WIOA transferred the following programs from the ED to the
Administration for Community Living (ACL) in HHS: 

o   State Independent Living Services Program (IL, Part B) 

o   Centers for Independent Living Program (IL, Part C) 

o   National Institute on Disability and Rehabilitation Research

o   Programs under the Assistive Technology Act of 1998

·        However, ED retained the administration of the Independent Living
Services for Older Individuals Who Are Blind program, and it continues to
reside in State VR agencies (blind or combined agencies) at the state level.

2018 Statewide Assessment

The primary concerns expressed by individuals who self-identified as being
blind or having low vison during community meetings (270 participants) said
they were concerned about their housing situation (affordability), including
rent, property taxes and repairs, lack of community access such as sidewalks
and public or private transportation resources. Many also expressed
appreciation for the peer support groups and other services sponsored by
ICBVI, emphasizing a need for continued funding for these supports and
services.  

*	ICBVI provided transportation for many people who are blind or low
vison to attended public meetings. 
*	Transportation resources aren’t generally available to people with
other disabilities in rural areas.

Through electronic surveys (320 participants) the same population expressed
concerns about the following: potential loss of ICBVI services for peer
support groups and the Talking Books programs, followed by training and
employment assistance, mobility and adult daily living skills training
provided by ICBVI.  Approximately 30% of electronic survey respondents
identified as being blind. Many of them indicated that they have other
disabilities as well.

*	Idaho SILC staff assisted many individuals upon request in the
completion of the survey via telephone. 
*	In addition to assistance, surveys were also provided in large print
and braille and responses were entered into the electronic format by staff
from the Centers for Independent Living and the Idaho SILC for compilation.

Program resources: Talking Books, Older Blind and Vocational Rehabilitation
services

The Idaho SILC is likely unaware of many private and public funding sources
for programs that serve people who are blind or have low vision.  However,
below are a few examples of funding resources for several programs people
who are blind or low vision were concerned about losing during the statewide
assessment.

*	Talking Books programs are funded through Idaho Commission for
Libraries resources, not Independent Living resources.  The Idaho SILC has
no say over state or federal funds dedicated to the Talking Books program,
other than to support continuation of this valuable resource.

*	Title VII, Chapter II – Independent Living Services for Older
Individuals Who are Blind (55+) resources were not Impacted by WIOA.  Title
VII, Chapter II funding has remained constant for services through the Idaho
Commission for the Blind and Visually Impaired through the Rehabilitation
Services Administration, U.S. Department of Education. The Idaho SILC has no
say over state or federal funds dedicated to this valuable program for
people who are older blind, other than to support its continuation. 

*	Vocational Rehabilitation services to transition age youth and
adults who are blind or have low vison has remained constant for services
through the Idaho Commission for the Blind and Visually Impaired through the
Rehabilitation Services Administration, U.S. Department of Education.  While
WIOA may have impacted how, when and to whom ICBVI delivers vocational
rehabilitation services, those services are not impacted by Title VII,
Chapter I – Independent Living Services and Centers for Independent Living,
Parts A-C. The Idaho SILC has no say over state or federal funds dedicated
to valuable vocational rehabilitation programs, other than to support
continuation. 

Independent Living Funds - Title VII, Chapter I, Part B §713 Authorized Uses
of Funds: 

a.	IN GENERAL.—The State may use funds received under this part to
provide the resources described in section 705(e) (but may not use more than
30 percent of the funds paid to the State under section 712 for such
resources unless the State specifies that a greater percentage of the funds
is needed for such resources in a State plan approved under section 706),
relating to the Statewide Independent Living Council, may retain funds under
section 704(c)(5), and shall distribute the remainder of the funds received
under this part in a manner consistent with the approved State plan for the
activities described in subsection (b). 
b.	ACTIVITIES.—The State may use the remainder of the funds described
in subsection (a)— 

(1) to provide independent living services to individuals with significant
disabilities, particularly those in unserved areas of the State; 

(2) to demonstrate ways to expand and improve independent living services; 

(3) to support the operation of centers for independent living that are in
compliance with the standards and assurances set forth in subsections (b)
and (c) of section 725; 

(4) to support activities to increase the capacities of public or nonprofit
agencies and organizations and other entities to develop comprehensive
approaches or systems for providing independent living services; 

(5) to conduct studies and analyses, gather information, develop model
policies and procedures, and present information, approaches, strategies,
findings, conclusions, and recommendations to Federal, State, and local
policymakers in order to enhance independent living services for individuals
with disabilities; 

(6) to train individuals with disabilities and individuals providing
services to individuals with disabilities and other persons regarding the
independent living philosophy; and 

(7) to provide outreach to populations that are unserved or underserved by
programs under this title, including minority groups and urban and rural
populations. 

[29 U.S.C. 796e–2]

While it is likely that people who are blind and have low vison are among
the underserved across Idaho, there is little doubt that all disability
categories are underserved, especially in rural parts of the state – which
geographically speaking, is most of the state.  Centers for Independent
Living are sorely underfunded: Living Independently for Everyone (LIFE),
servicing the eastern portion of the state, including large swaths of
isolated communities; and Living Independence Network Corporation (LINC)
which serves our most populous communities as well as substantially rural
areas in South Central to Southwestern Idaho are both inadequately funded
through Part C Independent Living Funds, and have up until the recently
approved, amended and extended 2020 State Plan for Independent Living
(SPIL), received zero in Part B Independent Living funds.  These two Centers
will see the first ever Part B funding allocation effective October 1, 2019.

Timeline for Idaho SPIL development, public comment period, submission, NFB
Idaho resolution 2019-01 and ACL approval:

April 13, 2018: Idaho SILC quarterly public meeting. Meeting notice and
agenda published in accordance with Idaho Public Meeting law.  Idaho SILC
Executive Director reviewed timeline for development and submission of the
FFY2020-2023 Idaho State Plan for Independent Living.  Council determined
who would be on the planning committee: several Council members, including
ex-officio members, Center Directors, the Idaho SILC Director and support
staff, the Administrator of the Designated State Entity (IDVR) and the
Administrator of ICBVI.

May 14, 2018: The first of many Idaho SPIL planning committee meetings
occurred. Meeting notices and agendas were published in accordance with
Idaho Public Meeting law.  

July 12-13, 2018: The Council reviewed Idaho 2020-2023 development SPIL
progress, met with prospective facilitator and voted to hire him for
assistance in development of the Idaho SPIL. Meeting notice and agenda
published in accordance with Idaho Public Meeting law.

September 7 – November 7, 2018: Statewide public meetings and survey.
Meeting notices and agendas published in accordance with Idaho Public
Meeting law. 

October 23, 2018: Administration on Community Living issued guidance the
following for 2020, given that the SPIL instrument was not yet published: 

FY 2020 SPIL Options         

Sec. 704(a) of The Rehabilitation Act, as amended, requires states review
and revise SPILs not less than once every three years (Rehab Act Sec. 704
(a)).  As such, ILA is providing guidance to state networks for the
development and approval of SPILs for FY2020 (the period between the current
SPIL expiration and the new SPIL instrument being implemented). 

ILA is providing two options for the FY2020 SPIL year:

(a) Make substantial and material changes to the FY2017-FY2019 SPIL; or 

(b) Make technical amendments to extend the FY2017-FY2019 SPIL through FY
2020.   

Because of the resources already expended by the Idaho SILC and the Centers,
Idaho elected to extend and amend the SPIL for FFY 2020 based on information
obtained during the statewide assessment.

January 10-11, 2019: Idaho SILC quarterly public meeting. Meeting notice and
agenda was published in accordance with Idaho Public meeting law.  Projects
and potential funding opportunities were discussed.  No one who identified
themselves as representing NFB Idaho was in attendance.  Idaho SILC
membership includes a voting member who is blind, an ex-officio member from
ICBVI. The Administrator of ICBVI attended as an invited guest.

April 12, 2019:  Idaho SILC quarterly public meeting. Meeting notice and
agenda was published in accordance with Idaho Public meeting law.  Council
members, including ex-officio members, Center Directors, the Idaho SILC
staff, the Administrator of the Designated State Entity (IDVR) and the
Administrator of ICBVI were present.  Part B funding allocations were
addressed, and the draft SPIL was reviewed and approved for submission with
corrections.

May 1 – May 31, 2019: The draft of the 2020 Idaho SPIL was posted for the
30-day public comment period as required by Federal law.  Two comments were
received: one related to counties covered by LIFE and another regarding
typos.  No comments were received from anyone who identified being from
NFB-Idaho, nor did anyone submit the concerns brought in the March 22, 2019
NFB Idaho Resolution 2019.

July 10, 2019: Upon final review the Administrator of the Designated State
Entity noticed a slight discrepancy in the match amounts for the Centers.
The error was corrected as a technical amendment which does not require
additional public comment.

July 10, 2019: The 2017-2019 extension and amendments for 2020 Idaho SPIL
was submitted to the Administration on Community Living.

July 30, 2019:  The Idaho SILC received the attached letter from the
National Federation of the Blind – Idaho, dated July 20, 2019 regarding
NFB-Idaho Resolution 2019-01.

September 30, 2019: The Administration on Community Living notified the
Idaho SILC that the 2017-2019 extension and amendments were approved for
2020.  

Related amendments to for the 2020 Idaho SPIL extension are as follow:

Funding (Part II, section 1.3B (1-4) Financial Plan Narratives) material
changes: The SPIL development team used information from the statewide
assessment, 2017-19 quarterly SPIL reviews, geographic and demographic
information and Center PPRs to develop the 2020 SPIL extension and
amendments.  The team and the Council agreed the resources put into SPIL
development warranted using 2020 SPIL extension with substantial and
material changes as a bridge to the 2021-24 SPIL. The funding plan reduces
Part B funding to the Idaho SILC (30%), ICBVI (30%) and DAC-NW (10%) from
2019 levels and provides Part B funding for LINC (20%) and LIFE (10%).
Section 1.3B(4): Title VII, Part B funds will continue to be evaluated based
on the Plan - This formula is based on the statewide assessment of needs
completed in FFY2019, geographic area, population and current inequities of
Title VII Chapter 1 Part C. The Title VII, Part B funding formula will
continue revision in the following 2021-2024 SPIL to bring it into line with
the factors cited above facilitating cross-disability, independent living
services and education throughout Idaho.   It further acknowledges the need
for Centers to work together and with ACL to address Part C inequities in
the coming five years.

The narrative and explanation above are in the FFY 2020 amendment and
extension published for a 30-day public comment on May 1, 2019.

Funding changes for the 2020 Idaho SPIL are as follows:

*	30% to the Idaho SILC – a 9% reduction
*	30% to the Idaho Commission for the Blind and Visually Impaired - a
15% reduction
*	10% to Disability Action Center Northwest – a 6% reduction
*	10% to LIFE – a 10% increase 
*	20% to LINC – a 20% increase

As stated above and in the FFY 2020 SPIL amendments and extension, funding
allocations will continue to be evaluated and adjusted in the coming few
years based on the information cited above.

Conclusion  

The Idaho SILC appreciates the concerns expressed in NFB Idaho resolution
2019-01. However, no one who identified themselves as being from NFB Idaho
attended Council meetings, planning meetings or submitted comments during
the 30-day Public Comment period. The FFY2020 SPIL is based on information
gathered from the statewide assessment, demographic and geographic data,
annual Performance Progress Reports (PPRs) filed by the Idaho SILC and each
of the three Centers for Independent Living, and quarterly reviews from the
prior Idaho SPIL. Applicable state and federal laws direct that Title VII
Part B Independent Living funds be directed across disabilities, including
specific underserved and unserved populations of which people who are blind
are a part, but not the whole; and can be served in a cross-disability
environment or through other state and federal funds as directed by state
and federal law.  

The Idaho SILC respectfully disagrees that “it is now actively working to
greatly reduce and perhaps eliminate federal independent living funds for
the Idaho Commission for the Blind.”  Further, while the NFB Idaho
“condemn[s] the attempts to greatly reduce funding for independent living
services, potentially eliminating such specialized services for Idaho’s
blind citizens” the Idaho SILC is working diligently to improve funding for
services and supports for all Idahoans with disabilities. We recognize there
are not enough federal and state independent living funds for all of Idaho’s
disabled citizens, including, but not limited to her blind citizens.  

There is little doubt that many Idahoans with disabilities of any kind
generally do not have enough services and supports needed to live
independently and safely in their community of choice.  It is our sincere
hope that we can work together to improve the lives of all Idahoans with
Disabilities.

Sincerely,

Mel Leviton, Executive Director

Idaho SILC

Eric Bjork, Council Chair

Idaho SILC

Cc: Eric Bjork

A hard copy has been mailed to the NFB Idaho address provided in your July
letter.

Best,

Mel Leviton

Executive Director

Idaho State Independent Living Council

380 S. 4th St., Ste. 102

208-334-3800

Boise, Idaho 83702

Mel.leviton at silc.idaho.gov

silc.idaho.gov 

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