North Dakota Code 50-06.5-07 – Standards and assurances
1. Each center for independent living that receives assistance under this chapter shall comply with the standards and assurances set out in section 796f-4 of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. § 701 et seq.] to ensure that all programs and activities are planned, conducted, administered, and evaluated in a manner consistent with the purposes of this chapter.
Terms Used In North Dakota Code 50-06.5-07
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. The applicant shall provide, as the council may require, satisfactory assurance that:
a. The applicant is an eligible agency.
b. The center will be designed and operated within local communities by individuals with a disability, including an assurance that the center will have a board that is the principal governing body of the center and a majority of that board will be composed of individuals with a significant disability.
c. The applicant will comply with the standards and assurances set forth in this section.
d. The applicant will establish clear priorities through annual and three-year programs and financial planning objectives for the center, including overall goals or mission for the center, a work plan for achieving the goals or mission, specific objectives, services priorities, and types of services to be provided along with a description that demonstrates how the proposed activities of the applicant are consistent with the most recent three-year state plan for independent living.
e. The applicant will use sound organization, personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with a significant disability on the same terms and conditions required with respect to the employment of individuals with a disability under section 796m of the federal Rehabilitation Act of 1973, as amended, and the federal Americans with Disabilities Act.
f. The applicant will ensure that the majority of its staff, and individuals on its staff in decisionmaking positions, are individuals with a significant disability.
g. The applicant will practice sound fiscal management, including making arrangements for an annual independent fiscal audit or review.
h. The applicant will conduct annual self-evaluations, prepare an annual report, and maintain records, adequate to measure performance with respect to the standards containing information regarding, at least:
(1) The extent to which the center is in compliance with the standards and assurances.
(2) The numbers and types of individuals with a significant disability receiving services through the center.
(3) The types of services provided through the center and the number of individuals with a significant disability receiving each type of service.
(4) The source and amounts of funding for the operation of the center.
(5) The number of individuals with a significant disability who are employed by, and the number who are in management and decisionmaking positions in the center.
(6) The comparison, when appropriate, of the activities of the center in prior years, with the activities of the center in the most recent year.
i. Individuals with a significant disability who are seeking services from the center will be notified by the center of the existence of the availability of the client assistance program and a way to contact that program.
j. Aggressive outreach, regarding services provided through the center, will be conducted in an effort to reach populations of individuals with a disability which are unserved or underserved by programs under this chapter, especially minority groups and urban and rural populations.
k. Staff at centers will receive training on how to serve the unserved and underserved populations, including minority groups and urban and rural populations.
l. The center will submit to the council a copy of its annual report and the annual audit or review required under subdivision g.
m. The center will prepare and submit a report to the designated state entity, at the end of each fiscal year, that contains the information described in subdivision h.
3. Services may be provided under this chapter to an individual with a significant disability regardless of age, to the parents and family of an individual with a significant disability, and to others in the community.