SILC Basics

If you are new to the SILC or if you still have questions about the SILC and its roles and responsibilities, you are certainly not alone. The following questions and answers should help you get a good understanding of SILC Basics:

Who should be on the SILC?

Your SILC should have members that provide representation of a broad range of disabilities, diversity, and statewide representation. Members should also be knowledgeable about CILs and IL services, but that knowledge may also be gained through new member orientation, presentations by CILs, and on-going training opportunities. And most importantly, the majority of both the voting members and the total membership of the SILC must be individuals with disabilities who are not employed by a CIL or by any state agency.

Is anyone required to be on the SILC?

There are some required members the SILC must have included:

  • One CIL director selected by the CIL directors in the state
  • One representative of the directors of CILs on Federal or State American Indian reservations
  • A DSE representative as ex-officio, non-voting member
  • Other ex-officio, non-voting members representing state agencies that provide services for individuals with disabilities (at least two)

How do people get on the SILC?

All members must be appointed by the governor (or appointing authority) and are subject to term limits – including ex-officio, non-voting members.  The SILC is required (in the SILC Indicators) to have a process in policies for recruiting members, reviewing applications, and regularly providing recommendations for eligible appointments to the governor/appointing authority. 

How do you get appointments made to ensure the SILC stays in compliance with the law and SILC bylaws?

It is very important to develop a relationship with the governor and/or the people in the governor’s office responsible for processing gubernatorial appointments.  They need to understand the membership requirements for SILCs and understand your process, so they come to trust the SILC’s recommendations for appointments to ensure compliance with federal law.

What is the SILC required to do?

The required duties of the SILC include:

  • Develop the State Plan for Independent Living (SPIL).
  • Monitor, review, and evaluate the implementation of the SPIL.
  • Meet regularly and ensure meetings are open to the public and advance notice is provided.
  • Submit reports to ACL as required (and keep records to support those reports); and
  • Coordinate activities with other entities in the state that provide services similar to or complimentary to IL services.

All these are things the SILC must do.

What else is the SILC allowed to do?

There are also “authorities” the SILC may elect to do (if they are included in the SPIL):

  • Work with the CILs to improve services provided to individuals with disabilities by coordinating with public & private entities.
  • Conduct resource development to support the SILC and/or the CILs; and
  • Other functions consistent with the Purpose (Sec. 701 of Title VII of the Rehab Act) that the SILC decides to do – this may include Advocacy.

Is there anything the SILC is not allowed to do?

The SILC may not provide services directly to individuals with disabilities and may not lobby using federal funding.  The SILC also may not be a part of any state agency and is required to have autonomy.

What does “regular meetings” mean?

The law doesn’t define regular meetings – but the SILC should me on a regular schedule and often enough to conduct the business required to fulfill all the duties and the selected authorities.  Most SILCs meet at least quarterly and some meet more.  All regular meetings of the SILC must be publicized in advance so members of the public who are interested can plan to attend and observe.  Small, local weekly or monthly newspapers are often a good way to reach people and sending a press release will usually result in them printing what you send them.  Meetings may also be announced with a public service announcement/PSA which newspapers, television, radio, and cable television may use to provide your information at no charge.  Social media and the Internet should also be used to publicize SILC meetings.  Such notices should also let the public know how to request disability accommodations they may need to be able to attend the meeting (alternate formats of information, sign language interpreters, etc.)

What other meetings should the SILC have?

It is very helpful to have other scheduled meetings on a regular basis such as:

  • Executive committee meetings
  • Other standing committee meetings
  • Ad-hoc committee, work group or task force meetings

There will also be times when the SILC may need to have a special or emergency meeting.  A policy on when and how these may be scheduled and what notice must be given should be established.

What resources does the SILC need?

Resources may include personnel, office space & utilities, travel expenses, supplies, and anything else the SILC needs to operate and fulfill the duties and elected authorities.  Planning for resources and a budget should include serious conversations about what is needed for the SILC to be effective.  Serious discussion about staffing, office space, equipment, and other resources should be a SILC priority.  As for the amount of resources/funding, researching what other SILCs have and looking at information gathered by the National Council on Independent Living (NCIL), the Association of Programs for Rural Independent Living (APRIL) and ILRU (Independent Living Research Utilization, as well as nonprofit organizations in your area may be useful in figuring out what your SILC needs and what it will cost.  All potential sources of funding will require some negotiation.  If the SILC is to have Part B operating funds at greater than 30% of Part B, agreement on the amount must be reached with the CILs.  If the SILC is to have Title I Innovation & Expansion (I&E) or Social Security Reimbursement operating funds, agreement must be reached with the Vocational Rehabilitation Agency on the amount(s).  If State funds are to be used, there must be agreement with a state agency and/or the legislature.  But the bottom line is that the DSE (designated state entity that serves as the grantee for the Part B funds) must ensure the SILC has “necessary and sufficient” (see the IL Regulations) resources to fulfill all its duties and authorities, as well as ensuring the SILC is established and maintained.

How does the SILC secure the autonomy and staff support to operate effectively?

The first thing a SILC needs to secure autonomy is to recognize the key role of the SILC in the IL Network in the State and the duties and activities for which the SILC is responsible.  The DSE and the CILs are and should be treated as SILC partners and not as entities that control, monitor, or supervise the SILC.  That being said, the SILC must be willing to take on the required responsibilities, make the commitment to fulfill the SILC duties, and operate as an autonomous entity – not as an advisory group.  Then the SILC must be clear about what resources are needed to fulfill the duties and function autonomously and hold the DSE and the State accountable for their responsibility to provide those resources.

What does the SILC need to have in place in order to function well?

The SILC should have bylaws and policies that are consistent with the duties & authorities and that provide/reflect SILC autonomy. 

Bylaws should include:

  • how the SILC is structured
  • how many members
  • what officers
  • number of meetings per year
  • standing committees
  • what constitutes a quorum (what and how many members must be present to be able to hold a meeting and make decisions)
  • a process for making amendments to the bylaws
  • what happens to any SILC resources if the organization folds/ceases to exist

Policies should include:

Council/Board:

  • General information & Philosophy
  • When and how meetings are scheduled
  • Special and emergency meetings
  • Executive session procedures
  • What and how members’ expenses will be covered
  • Whether members will receive an honorarium (only members not otherwise compensated for their time are eligible), for what time/meetings an honorarium will be provided, and the amount of the honorarium.
  • What disability accommodations will be provided – to council members and/or to the public
  • Travel policies
  • Code of Ethics
  • Conflict of Interest policy
  • Nominations process
  • Allowability of virtual meetings

Operations:

  • Safety policies
  • Emergency policies
  • Accessibility policies, including for those with environmental illnesses or multiple chemical sensitivities

If the SILC hires its own staff and handles its own money, additional policies may be needed including:

Personnel:

  • General personnel information including but not limited to workforce diversity, affirmative action and accommodations; discrimination; harassment; etc.
  • How personnel records and confidential information are handled
  • Any conditions governing employment
  • Attendance & compensation
  • Hours of operation, lunch & breaks
  • Pay periods, paychecks, garnishment, etc.
  • Employee classifications
  • Remote work policies
  • Employee benefits:
    • Insurance
    • Paid time off
    • Holidays
    • Workers’ compensation
    • Retirement
    • Etc.
    • Travel and expense reimbursement
    • Media policies
    • Social media policies
    • Evaluations
    • Pay increases
    • Disciplinary action and grievance procedures
    • Hiring policies

Fiscal:

  • Internal controls
  • Accounting – accrual vs. cash
  • Expenditures
  • Payroll
  • Inventory
  • Cash receipts
  • Management information systems
  • Non-expendable property & capitalization
  • Budget process

If the SILC wants to be a non-profit organization, articles of incorporation and registration with the state are required.

Bylaws and policies should be regularly reviewed and updated – at least annually – to reflect how the SILC actually operates.  Both bylaws and policies, and any amendments/revisions, should be presented to and approved by the voting SILC members.

This is a lot of information in one article and references for the law (the Rehabilitation Act of 1973 as amended), the SILC indicators, and the IL regulations (45 CFR Part 1329). To make it easier to find all these resources, use the links below.

You can find a full version of the Rehabilitation Act of 1973 as amended by the Workforce Innovation and Opportunity Act of 2014 at the following link:  https://rsa.ed.gov/sites/default/files/downloads/rehabilitation-act-of-1973-amended-by-wioa.pdf

The SILC Indicators are available on the ACL (Administration for Community Living) website at:  https://acl.gov/programs/aging-and-disability-networks/centers-independent-living

The IL Regulations may be found at: https://www.ecfr.gov/current/title-45/subtitle-B/chapter-XIII/subchapter-C/part-1329

And if you have further questions, have any difficulty locating these resources, or need additional assistance, ILRU provides technical assistance to SILCs through the IL Net Training and Technical Assistance Program so please feel free to reach out to us:

Paula McElwee, Ann McDaniel, Jeremy Morris at paulamcelwee.ilru@gmail.com or (559) 250-3082