Section 5: Statewide Independent Living Council (SILC)

5.1 Resource plan – 34 CFR 364.21(i)

5.1A Describe the resource plan prepared by the SILC in conjunction with the DSU for the provision of resources, including staff and personnel, made available under parts B and C of chapter 1 of title VII, section 101(a)(18) of the Act, and from other public and private sources that may be necessary to carry out the functions of the SILC identified in section 705(c). The description must address the three years of this SPIL.

Refer to the SPIL Instructions for more information about completing this section.

During the duration of this state plan, the primary support for the SILC will be an annual grant from Title VII, Part B of the Rehabilitation Act of 1973, as amended, administered by the Department for Assistive and Rehabilitative Services (DARS). The council has approved the following budgets for expenditure of these funds. While the SILC anticipates the receipt of additional revenues, only Title VII, Part B funds are detailed in these budgets. Unencumbered funds are used to cover expenses not allowed through Title VII, Part B grants and to provide a safety net when costs such as hotel rooms exceed allotted amounts. Ten percent of the proposed expenditures can be reclassified by the council without the need for amendment. The budgets can be revised by mutual agreement of the SILC and the Designated State Units. This is the proposed budget and is contingent on available funds.


Texas State Independent Living Council Resource Plan
Line Item 2007/08 2008/09 2009/10
Salary/Wages $ 47,320 $ 47,320 $ 50,000
Fringe Benefits $ 4,200 $ 4,200 $ 4,800
Travel $ 67,000 $ 67,000 $ 70,000
Equipment/Maintenance $ 1,600 $ 1,600 $ 1,600
Supplies $ 3,000 $ 3,000 $ 3,000
Contractual $ 6,000 $ 6,000 $ 7,000
Rent-Custodial $ 9,720 $ 9,720 $ 9,720
Phone/Fax/Internet $ 2,000 $ 2,000 $ 2,500
Accounting/Audit $ 6,200 $ 6,200 $ 6,400
Printing/Copying $ 3,700 $ 3,700 $ 4,000
Postage $ 2,000 $ 2,000 $ 2,250
Dues/Subscriptions $ 800 $ 800 $ 900
Insurance $ 2,000 $ 2,000 $ 2,000
Disability Accommodation $ 12,000 $ 12,000 $ 12,750
Audio/Visual $ 2,500 $ 2,500 $ 3,000
Technical Assistance $ 13,830 $ 13,830 $ 11,280
Total $183,870 $183,870 $191,200

5.1B Describe how the following SILC resource plan requirements will be addressed:

The SILC has established fiscal policies and procedures, which govern the expenditure of funds. Proper use of fiscal resources is routinely monitored through the DSU. This includes: review of SILC billings for reimbursements, discussion of budget status at quarterly SILC meetings, and compliance with established protocol should budget changes be requested. Additional monitoring activities include annual independent audits, and periodic self-assessment of SILC operations in relation to standards and indicators.

The SILC remains very aware of and safeguards its independence. Nothing in the resource plan jeopardizes its autonomy. Furthermore, the resource plan reflects prudent planning for operational needs while taking into account full use of available resources.

5.2 Establishment and Placement – 34 CFR 364.21(a)

5.2A Describe how the establishment and placement of the SILC ensures its independence with respect to the DSU and all other State agencies.

Refer to the SPIL Instructions for more information about completing this section.

The SILC was established following revisions to the Rehabilitation Act of 1973, as amended in 1992, when the SILC requirement was introduced. In the formative years, the DSU worked closely with the SILC to establish required processes and protocols consistent with federal requirements. The 1996-1998 SPIL contained specific language referencing independent physical operations, staffing, and fiscal support details. The SILC received its 501(c)(3) status in 1998. The current structural reference for the SILC is found in Texas Administrative Code Title 40, Part 2, Chapter 101, Subchapter D, Rule §101.603.

The SILC is a private, not-for-profit 501 (c) (3) organization which functions as a fully autonomous entity. In this capacity, the SILC leases offices, retains staff, conducts daily activities, and administers both public and private funds. Funding for the Council originates with the Rehabilitation Services Administration. Those funds are then granted to the Texas State Independent Living Council by the Texas Department of Assistive and Rehabilitative Services Division for Rehabilitation Services and Division for Blind Services. (Title 40, Part 2, Chapter 101, Subchapter L, Rule §101.9101, Texas Administrative Code) The Council is also free to raise additional funds from other sources, both public and private, to accomplish its mission.

While the SILC has a very effective collaborative working relationship with the DSU and other State agencies, the organization is recognized and operates as an independent entity with autonomy in its daily operations, development and implementation of the SPIL, and advocacy for independent living issues for Texans with disabilities.

5.3 Appointment and Composition – 34 CFR 364.21(b) – (f)

5.3A Describe the process used by the State to appoint members to the SILC who meet the composition requirements in section 705(b).

Members of the council are appointed by the governor and serve on a voluntary basis. Potential nominees meeting established criteria for cross disability representation, geographic coverage, knowledge of IL, etc. are submitted for consideration to the Governor’s Office when vacancies arise. SILC by-laws address selection of Chair and executive committee (by SILC vote) and also define term limits.

While the SILC may identify and make recommendations of potential candidates for Council membership to the Governor’s appointments office, the board does not have the power to nominate members. Composition of the SILC is reflected in the matrix in attachment 3: this tool is used to track compliance with the requirements for SILC composition defined in the Rehabilitation Act.

5.4 Staffing – 34 CFR 364.21(j)

5.4A Describe how the following SILC staffing requirements will be met:

Responsibilities for supervision and evaluation of the SILC Executive Director lies primarily with the SILC Chair. An annual evaluation is standard protocol with input from the SILC Executive Committee.

Particular attention is paid regarding assignments to avoid any conflict of interest in relation to carrying out SILC related duties. This is especially true in consideration of individuals selected, for example, for review of technical assistance grants to CILs.

Next, Section 6: Service Provider Requirements