Secratary Chronicles SPIL Hearing Proceedures

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State Plan Public Hearing Policy and Procedures

Review of Current State Plan or Amended State Plan

34 CFR 76.140-.142 - The State must amend an approved SPIL when the Secretary determines that an amendment is essential during the effective period of the plan, or when there is a significant and relevant change that materially affects: the information or assurances in the plan; the administration or operation of the plan; or the organization, policies, or operations of the State agency(s) that receive funds under the plan if the change materially affects the information or assurances in the SPIL. Within this context, the DSU(s) and the SILC need to periodically review the State's approved SPIL to ensure its consistency with the State's policies, priorities, and administration relating to the Chapter 1 programs.

CFR 364.20 (g) (1) - The State plan must assure that the DSU and SILC conduct public meetings to provide all segments of the public, including interested groups, organizations, and individuals, an opportunity to comment on the current State plan.

1. Selection of location.

a. Have a council member visit sites before selecting an accessible location.
b. The locations of all Public Hearing are to meet or exceed the ADA law.
c. All locations will be on a city bus line or other public transportation route. Public hearing times and dates will be planned so that persons may arrive and depart within a bus route schedule.
d. Select geographical locations, dates and times to hold hearings, and select alternative date and time for act of God.
e. Chair of ICOIL will select Council members to act as facilitators.
f. Council members will adopt the locations, dates, facilities, and times for the Public Hearing.
g. ICOIL and the DSU will identify those provisions in the State plan that, are state-imposed requirements. For this purpose, a state-imposed requirement includes any State law, regulation, rule or policy relating to the DSUís administration or operation of IL programs under Title VII of the Act, including any rule or policy implementing any Federal law, regulation, or guideline that is beyond what would be required to comply with the regulations in 34 CFR parts 364, 365, 366, and 367. These include but are not limited to: the ADA, Title VII of the Act, the Federal Regulations for Independent Living part 364, the Indiana Open Door Law and the Indiana Public Law.

2. Notice of Formal Hearings.

a. Put locations, dates and times on the website.
b. Give to FSSA staff person to put notice in 11 newspapers statewide.
c. Give the notice to major newspapers serving the city where the public hearing is to be held. The notice should also be given to any major newspapers in surrounding cities if applicable. These notices will not only be placed in the Public Notice section, but press releases will be sent and other attempts will be made to get this information out in a larger font and more toward the front page.
d. Give the notice to BVIS to place on 6 statewide radio stations and 2 reading services.
e. Give the notice to Deaf Services to place in Deaf newsletters
f. Assure notices will be placed at the Public Hearing location, the day of the hearing
g. Send notices and press releases at least 30 days prior to centers for independent living and other interested parties to post.
h. Send notices and press releases to all state VR offices.
i. Send press release to ICOIL mailing list
j. Have a copy of the Public Hearing notice available at least one ICOIL meeting.

3. Hearings

a. Assign interpreters for all sites.
b. The DSU and/or ICOIL will provide any written material provided at the public meetings in accessible formats for individuals who rely on alternative formats, such as large print, Braille, and disk.
c. Tape recorder and/or stenographer available at all sites. All testimony needs to be scribed and submitted to the State Plan Committee Chair thirty days (30) after the meeting.
d. Print copies of current state plan and mail at least thirty (30) days prior to the meetings dates to all names on the ICOIL roster, copies for Protection and Advocacy, stakeholders, and other organizations and agencies as well as to all public hearing locations.
e. A microphone or PA system will be provided if available at the location.

Construction of Room All attempts will be made to eliminate barriers that may imply lack of interest at the public hearing location. This includes but is not limited to:

a. Having audience closer than 6 feet from Council members at the front of the room.
b. Having accessible podiums or tables where audience members may give comments.
c. Tables should be shaped in a U in front of the room with Council members facing the public and court reporters and interpreters on the side tables.
d. There should be ample space for seating of wheelchair users. These spaces will be dispersed throughout the room so that all persons will have a choice of where to sit and who to sit with.

4. Public Comments

a. Written comments are encouraged and accepted by the published date. This date shall be no sooner than one week after the date of the last public hearing.
b. Public comments will be considered and may be incorporated when amending the current state plan or when drafting the final state plan.

5. Amended State Plan

a. This amended plan will be distributed to Council members prior to adoption.
b. The Chair of the State Plan committee will present the amended state plan at an ICOIL meeting or special called meeting
c.. The Council members will vote on the amended plan.
d.. The ICOIL Chair/President and the Director of DDARS will sign off on the adopted amended State Plan.
e. Final version of the amended State plan will be submitted to RSA.
f. The Final amended State Plan approved by RSA will be distributed to council members, CILs, and stakeholders.

6. New State Plan

a. Public comments will be given to the chair of the State Planning committee.

Indiana Council on Independent Living, Inc.
CFR 364.20 (g) (1) - The State plan must assure that the DSU and SILC conduct public meetings to provide all segments of the public, including interested groups, organizations, and individuals, an opportunity to comment on the State plan prior to its submission to the Secretary and on any revisions to the approved State plan.

1. Selection of location.

a. Have a Council member visit sites before selecting an accessible location
b. The location of all Public Hearings are to meet or exceed the ADA law.
c. All locations will be on a city bus line or other public transportation route. Public hearing times and dates will be planned so that persons may arrive and depart within a bus route schedule.
d. Select geographical locations, dates and times to hold hearings, and select alternative date and time for act of God.
e. The Chair will select Council members to act as facilitators.
f. Council members will adopt the locations, dates, facilities, and times for the Public Hearing.
g. ICOIL and the DSU will identify those provisions in the State plan that, are state-imposed requirements. For this purpose, a state-imposed requirement includes any State law, regulation, rule or policy relating to the DSUís administration or operation of IL programs under Title VII of the Act, including any rule or policy implementing any Federal law, regulation, or guideline that is beyond what would be required to comply with the regulations in 34 CFR parts 364, 365, 366, and 367. These include but are not limited to: the ADA, Title VII of the Act, the Federal Regulations for Independent Living part 364, the Indiana Open Door Law and the Indiana Public Law.

2. Notice of Formal Hearings.

a. Put locations, dates and times on the website.
b. Give to FSSA staff person to put notice in 11 newspapers statewide.
c. Give the notice to major newspapers serving the city where the public hearing is to be held. The notice should also be given to any major newspapers in surrounding cities if applicable. These notices will not only be placed in the Public Notice section, but press releases will be sent and other attempts will be made to get this information out in a larger font and more toward the front page.
d. Give the notice to BVIS to place on 6 statewide radio stations and 2 reading services.
e. Give the notice to Deaf Services to place in Deaf newsletters
f. Assure notices will be placed at the Public Hearing location, the day of the hearing
g. Send notices and press releases at least 30 days prior to Centers for Independent Living and other interested parties to post.
h. Send notices and press releases to all state VR offices.
i. Send press release to ICOIL mailing list
j. Have a copy of the Public Hearings available at at least one ICOIL meeting.

3. Hearings

a. Assign interpreters for all sites.
b. The DSU and/or ICOIL will provide any written material provided prior to or at the public meetings in accessible formats for individuals who rely on alternative formats.
c. Tape recorder / stenographer available at all sites. All testimony needs to be scribed and submitted to the State Plan Committee Chair thirty days (30) after the meeting.
d. Print copies of preliminary draft of the state plan and mail at least thirty (30) days prior to the Public Hearing dates to all names on the ICOIL roster, Protection and Advocacy and other stakeholders.
e. as well as to all public hearing locations.
f. A microphone or PA system will be provided if available at the location.

Construction of Room

All attempts will be made to eliminate barriers that may imply lack of interest at the public hearing location. This includes but is not limited to:
a. Having audience closer than 6 feet from Council members at the front of the room.
b. Having accessible podiums or tables where audience members may give comments.
c. Tables should be shaped in a U in front of the room with Council members facing the public and court reporters and interpreters on the side tables.
d. There should be ample space for seating of wheelchair users. These spaces will be dispersed throughout the room so that all persons will have a choice of where to sit and who to sit with.

4. Public Comments

a. Written comments are encouraged and accepted by the published date. This date shall be no sooner than one week after the date of the last public hearing.
b. The writing team of the State Plan committee may incorporate the public comments into the preliminary state plan.
c. The new preliminary plan will be distributed to Council members prior to adoption.

5. Adoption of Plan

a. The Chair of the State Plan committee will present the new state plan at an ICOIL meeting or special called meeting
b. The Council members will vote on the new plan.
c. The ICOIL Chair/President and the Director of DDARS will sign off on the adopted State Plan.
d. Final version of the State plan will be submitted to RSA on or before June 30th of the year due.
e. The Final State Plan approved by RSA will be distributed to council members, CILs, stakeholders, and other organizations and agencies.

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