|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2387 Introduced 2/26/2021, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: |
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Amends the Rehabilitation of Persons with
Disabilities Act. Provides that the Department of Human Services shall prescribe and supervise such courses of vocational training and provide such other services as may
be necessary for the vocational rehabilitation of persons with one or more disabilities. Requires the Department to cooperate with State and local
school authorities and other recognized agencies engaged
in vocational rehabilitation services; and to cooperate with the Illinois State Board of Education and other specified entities regarding the education (rather than care and education) of children with one or
more disabilities. Requires the Department to submit an annual report to the Governor on the programs, activities, and funding dedicated to
vocational rehabilitation, independent living, and other
community services and supports. Requires the Statewide Independent Living Council (Council) to
develop a State Plan for Independent Living. Removes a provision that gives the Council the authority to
appoint jointly with the vocational rehabilitation administrator a peer review committee to consider and make
recommendations for grants to eligible centers for independent
living. Makes changes to provisions concerning grants awards to eligible centers for independent living; periodic reviews conducted on those centers for independent living; and other matters. Repeals provisions regarding community services for persons with visual disabilities at the Illinois Center for Rehabilitation and Education. Amends the Disabilities Services Act of 2003. Repeals provisions regarding the operation of a Rapid Reintegration Pilot Program by the Department of Human Services.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Rehabilitation of Persons with Disabilities |
5 | | Act is amended by changing Sections 1b, 3, 5, 5a, 9, 12a, and |
6 | | 13a as follows:
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7 | | (20 ILCS 2405/1b) (from Ch. 23, par. 3432)
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8 | | Sec. 1b. Definitions. As used in For the purpose of this |
9 | | Act : , the term |
10 | | " Person person with one or
more disabilities" means a any |
11 | | person who, by reason of a physical or mental
impairment, is or |
12 | | may be expected to require assistance to achieve be totally or |
13 | | partially incapacitated
for independent living or competitive |
14 | | integrated employment. |
15 | | "Vocational rehabilitation" gainful employment; the term |
16 | | "rehabilitation" or
"habilitation" means those vocational or |
17 | | other appropriate services that which
increase the |
18 | | opportunities for competitive integrated employment. |
19 | | "Independent living" independent functioning or gainful
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20 | | employment; the term "comprehensive rehabilitation" means |
21 | | those services
necessary and appropriate to support community |
22 | | living and independence. |
23 | | "Director" for increasing the potential for independent
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1 | | living or gainful employment as applicable; the term |
2 | | "vocational
rehabilitation administrator" means the head of |
3 | | the designated State unit
within the Department responsible |
4 | | for administration of rehabilitation and independent living |
5 | | services
provided for in this Act, including but not limited |
6 | | to the administration of
the federal Rehabilitation Act of |
7 | | 1973, as amended by the Workforce Innovation and Opportunity |
8 | | Act. ; the term |
9 | | "Department" means the
Department of Human Services . ; and |
10 | | the term
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11 | | "Secretary" means the Secretary of
the
Department of Human |
12 | | Services.
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13 | | (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
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14 | | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
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15 | | Sec. 3. Powers and duties. The Department shall have the |
16 | | powers and
duties enumerated
herein:
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17 | | (a) To cooperate co-operate with the federal |
18 | | government in the administration
of the provisions of the |
19 | | federal Rehabilitation Act of 1973, as amended by ,
of the |
20 | | Workforce
Innovation and Opportunity Act,
and of the |
21 | | federal Social Security Act to the extent and in the |
22 | | manner
provided in these Acts.
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23 | | (b) To prescribe and supervise such courses of |
24 | | vocational training
and provide such other services as may |
25 | | be necessary for the vocational habilitation
and |
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1 | | rehabilitation of persons with one or more disabilities, |
2 | | including the
administrative activities under subsection |
3 | | (e) of this Section ; , and to cooperate
co-operate with |
4 | | State and local school authorities and other recognized
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5 | | agencies engaged in vocational habilitation, |
6 | | rehabilitation and comprehensive
rehabilitation services; |
7 | | and to cooperate with the Department of Children
and |
8 | | Family Services , the Illinois State Board of Education, |
9 | | and others regarding the care and education of children |
10 | | with one
or more disabilities.
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11 | | (c) (Blank).
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12 | | (d) To report in writing, to the Governor, annually on |
13 | | or before the
first day of December, and at such other |
14 | | times and in such manner and
upon such subjects as the |
15 | | Governor may require. The annual report shall
contain (1) |
16 | | information on the programs and activities dedicated to |
17 | | vocational rehabilitation, independent living, and other |
18 | | community services and supports administered by the |
19 | | Director; (2) information on the development of vocational |
20 | | rehabilitation services, independent living services, and |
21 | | supporting services administered by the Director in the |
22 | | State; and (3) information detailing a statement of the |
23 | | existing condition of comprehensive
rehabilitation |
24 | | services, habilitation and rehabilitation in the State;
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25 | | (2) a statement of suggestions and recommendations with |
26 | | reference to the
development of comprehensive |
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1 | | rehabilitation services, habilitation and
rehabilitation |
2 | | in the State; and (3) an itemized statement of the
amounts |
3 | | of money received from federal, State , and other sources, |
4 | | and of
the objects and purposes to which the respective |
5 | | items of these several
amounts have been devoted.
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6 | | (e) (Blank).
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7 | | (f) To establish a program of services to prevent the |
8 | | unnecessary
institutionalization of persons in need of |
9 | | long term care and who meet the criteria for blindness or |
10 | | disability as defined by the Social Security Act, thereby |
11 | | enabling them to
remain in their own homes. Such |
12 | | preventive
services include any or all of the following:
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13 | | (1) personal assistant services;
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14 | | (2) homemaker services;
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15 | | (3) home-delivered meals;
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16 | | (4) adult day care services;
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17 | | (5) respite care;
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18 | | (6) home modification or assistive equipment;
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19 | | (7) home health services;
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20 | | (8) electronic home response;
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21 | | (9) brain injury behavioral/cognitive services;
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22 | | (10) brain injury habilitation;
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23 | | (11) brain injury pre-vocational services; or
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24 | | (12) brain injury supported employment.
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25 | | The Department shall establish eligibility
standards |
26 | | for such services taking into consideration the unique
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1 | | economic and social needs of the population for whom they |
2 | | are to
be provided. Such eligibility standards may be |
3 | | based on the recipient's
ability to pay for services; |
4 | | provided, however, that any portion of a
person's income |
5 | | that is equal to or less than the "protected income" level
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6 | | shall not be considered by the Department in determining |
7 | | eligibility. The
"protected income" level shall be |
8 | | determined by the Department, shall never be
less than the |
9 | | federal poverty standard, and shall be adjusted each year |
10 | | to
reflect changes in the Consumer Price Index For All |
11 | | Urban Consumers as
determined by the United States |
12 | | Department of Labor. The standards must
provide that a |
13 | | person may not have more than $10,000 in assets to be |
14 | | eligible for the services, and the Department may increase |
15 | | or decrease the asset limitation by rule. The Department |
16 | | may not decrease the asset level below $10,000.
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17 | | The services shall be provided, as established by the
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18 | | Department by rule, to eligible persons
to prevent |
19 | | unnecessary or premature institutionalization, to
the |
20 | | extent that the cost of the services, together with the
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21 | | other personal maintenance expenses of the persons, are |
22 | | reasonably
related to the standards established for care |
23 | | in a group facility
appropriate to their condition. These |
24 | | non-institutional
services, pilot projects or experimental |
25 | | facilities may be provided as part of
or in addition to |
26 | | those authorized by federal law or those funded and
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1 | | administered by the Illinois Department on Aging. The |
2 | | Department shall set rates and fees for services in a fair |
3 | | and equitable manner. Services identical to those offered |
4 | | by the Department on Aging shall be paid at the same rate.
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5 | | Except as otherwise provided in this paragraph, |
6 | | personal assistants shall be paid at a rate negotiated
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7 | | between the State and an exclusive representative of |
8 | | personal
assistants under a collective bargaining |
9 | | agreement. In no case
shall the Department pay personal |
10 | | assistants an hourly wage
that is less than the federal |
11 | | minimum wage. Within 30 days after July 6, 2017 (the |
12 | | effective date of Public Act 100-23), the hourly wage paid |
13 | | to personal assistants and individual maintenance home |
14 | | health workers shall be increased by $0.48 per hour.
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15 | | Solely for the purposes of coverage under the Illinois |
16 | | Public Labor
Relations
Act, personal assistants providing
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17 | | services under
the Department's Home Services Program |
18 | | shall be considered to be public
employees
and the State |
19 | | of Illinois shall be considered to be their employer as of |
20 | | July 16, 2003 (the
effective date of Public Act 93-204), |
21 | | but not before. Solely for the purposes of coverage under |
22 | | the Illinois Public Labor Relations Act, home care and |
23 | | home health workers who function as personal assistants |
24 | | and individual maintenance home health workers and who |
25 | | also provide services under the Department's Home Services |
26 | | Program shall be considered to be public employees, no |
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1 | | matter whether the State provides such services through |
2 | | direct fee-for-service arrangements, with the assistance |
3 | | of a managed care organization or other intermediary, or |
4 | | otherwise, and the State of Illinois shall be considered |
5 | | to be the employer of those persons as of January 29, 2013 |
6 | | (the effective date of Public Act 97-1158), but not before |
7 | | except as otherwise provided under this subsection (f). |
8 | | The State
shall
engage in collective bargaining with an |
9 | | exclusive representative of home care and home health |
10 | | workers who function as personal assistants and individual |
11 | | maintenance home health workers working under the Home |
12 | | Services Program
concerning
their terms and conditions of |
13 | | employment that are within the State's control.
Nothing in
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14 | | this paragraph shall be understood to limit the right of |
15 | | the persons receiving
services
defined in this Section to |
16 | | hire and fire
home care and home health workers who |
17 | | function as personal assistants
and individual maintenance |
18 | | home health workers working under the Home Services |
19 | | Program or to supervise them within the limitations set by |
20 | | the Home Services Program. The
State
shall not be |
21 | | considered to be the employer of
home care and home health |
22 | | workers who function as personal
assistants and individual |
23 | | maintenance home health workers working under the Home |
24 | | Services Program for any purposes not specifically |
25 | | provided in Public Act 93-204 or Public Act 97-1158, |
26 | | including but not limited to, purposes of vicarious |
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1 | | liability
in tort and
purposes of statutory retirement or |
2 | | health insurance benefits. Home care and home health |
3 | | workers who function as personal assistants and individual |
4 | | maintenance home health workers and who also provide |
5 | | services under the Department's Home Services Program |
6 | | shall not be covered by the State Employees Group
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7 | | Insurance Act
of 1971.
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8 | | The Department shall execute, relative to nursing home |
9 | | prescreening, as authorized by Section 4.03 of the |
10 | | Illinois Act on the Aging,
written inter-agency agreements |
11 | | with the Department on Aging and
the Department of |
12 | | Healthcare and Family Services, to effect the intake |
13 | | procedures
and eligibility criteria for those persons who |
14 | | may need long term care. On and after July 1, 1996, all |
15 | | nursing
home prescreenings for individuals 18 through 59 |
16 | | years of age shall be
conducted by the Department, or a |
17 | | designee of the
Department.
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18 | | The Department is authorized to establish a system of |
19 | | recipient cost-sharing
for services provided under this |
20 | | Section. The cost-sharing shall be based upon
the |
21 | | recipient's ability to pay for services, but in no case |
22 | | shall the
recipient's share exceed the actual cost of the |
23 | | services provided. Protected
income shall not be |
24 | | considered by the Department in its determination of the
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25 | | recipient's ability to pay a share of the cost of |
26 | | services. The level of
cost-sharing shall be adjusted each |
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1 | | year to reflect changes in the "protected
income" level. |
2 | | The Department shall deduct from the recipient's share of |
3 | | the
cost of services any money expended by the recipient |
4 | | for disability-related
expenses.
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5 | | To the extent permitted under the federal Social |
6 | | Security Act, the Department, or the Department's |
7 | | authorized representative, may recover
the amount of |
8 | | moneys expended for services provided to or in behalf of a |
9 | | person
under this Section by a claim against the person's |
10 | | estate or against the estate
of the person's surviving |
11 | | spouse, but no recovery may be had until after the
death of |
12 | | the surviving spouse, if any, and then only at such time |
13 | | when there is
no surviving child who is under age 21 or |
14 | | blind or who has a permanent and total disability. This |
15 | | paragraph, however, shall not bar recovery, at the death |
16 | | of the
person, of moneys for services provided to the |
17 | | person or in behalf of the
person under this Section to |
18 | | which the person was not entitled; provided that
such |
19 | | recovery shall not be enforced against any real estate |
20 | | while
it is occupied as a homestead by the surviving |
21 | | spouse or other dependent, if no
claims by other creditors |
22 | | have been filed against the estate, or, if such
claims |
23 | | have been filed, they remain dormant for failure of |
24 | | prosecution or
failure of the claimant to compel |
25 | | administration of the estate for the purpose
of payment. |
26 | | This paragraph shall not bar recovery from the estate of a |
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1 | | spouse,
under Sections 1915 and 1924 of the Social |
2 | | Security Act and Section 5-4 of the
Illinois Public Aid |
3 | | Code, who precedes a person receiving services under this
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4 | | Section in death. All moneys for services
paid to or in |
5 | | behalf of the person under this Section shall be claimed |
6 | | for
recovery from the deceased spouse's estate. |
7 | | "Homestead", as used in this
paragraph, means the dwelling |
8 | | house and
contiguous real estate occupied by a surviving |
9 | | spouse or relative, as defined
by the rules and |
10 | | regulations of the Department of Healthcare and Family |
11 | | Services,
regardless of the value of the property.
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12 | | The Department shall submit an annual report on |
13 | | programs and
services provided under this Section. The |
14 | | report shall be filed
with the Governor and the General |
15 | | Assembly on or before March
30
each year.
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16 | | The requirement for reporting to the General Assembly |
17 | | shall be satisfied
by filing copies of the report
as |
18 | | required by Section 3.1 of the General Assembly |
19 | | Organization Act, and filing
additional copies with the |
20 | | State
Government Report Distribution Center for the |
21 | | General Assembly as
required under paragraph (t) of |
22 | | Section 7 of the State Library Act.
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23 | | (g) To establish such subdivisions of the Department
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24 | | as shall be desirable and assign to the various |
25 | | subdivisions the
responsibilities and duties placed upon |
26 | | the Department by law.
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1 | | (h) To cooperate and enter into any necessary |
2 | | agreements with the
Department of Employment Security for |
3 | | the provision of job placement and
job referral services |
4 | | to clients of the Department, including job
service |
5 | | registration of such clients with Illinois Employment |
6 | | Security
offices and making job listings maintained by the |
7 | | Department of Employment
Security available to such |
8 | | clients.
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9 | | (i) To possess all powers reasonable and necessary for
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10 | | the exercise and administration of the powers, duties and
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11 | | responsibilities of the Department which are provided for |
12 | | by law.
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13 | | (j) (Blank).
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14 | | (k) (Blank).
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15 | | (l) To establish, operate, and maintain a Statewide |
16 | | Housing Clearinghouse
of information on available |
17 | | government subsidized housing accessible to
persons with |
18 | | disabilities and available privately owned housing |
19 | | accessible to
persons with disabilities. The information |
20 | | shall include, but not be limited to, the
location, rental |
21 | | requirements, access features and proximity to public
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22 | | transportation of available housing. The Clearinghouse |
23 | | shall consist
of at least a computerized database for the |
24 | | storage and retrieval of
information and a separate or |
25 | | shared toll free telephone number for use by
those seeking |
26 | | information from the Clearinghouse. Department offices and
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1 | | personnel throughout the State shall also assist in the |
2 | | operation of the
Statewide Housing Clearinghouse. |
3 | | Cooperation with local, State, and federal
housing |
4 | | managers shall be sought and extended in order to |
5 | | frequently and
promptly update the Clearinghouse's |
6 | | information.
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7 | | (m) To assure that the names and case records of |
8 | | persons who received or
are
receiving services from the |
9 | | Department, including persons receiving vocational
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10 | | rehabilitation, home services, or other services, and |
11 | | those attending one of
the Department's schools or other |
12 | | supervised facility shall be confidential and
not be open |
13 | | to the general public. Those case records and reports or |
14 | | the
information contained in those records and reports |
15 | | shall be disclosed by the
Director only to proper law |
16 | | enforcement officials, individuals authorized by a
court, |
17 | | the General Assembly or any committee or commission of the |
18 | | General
Assembly, and other persons and for reasons as the |
19 | | Director designates by rule.
Disclosure by the Director |
20 | | may be only in accordance with other applicable
law.
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21 | | (Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; |
22 | | 100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. |
23 | | 8-14-18; 100-1148, eff. 12-10-18.)
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24 | | (20 ILCS 2405/5) (from Ch. 23, par. 3436)
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25 | | Sec. 5. The Department is authorized to receive such gifts |
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1 | | or
donations, either from public or private sources, as may be |
2 | | offered
unconditionally or under such conditions related to |
3 | | the comprehensive
vocational rehabilitation services, |
4 | | independent living services, and other community services and |
5 | | supports administered by the Director for habilitation and |
6 | | rehabilitation of
persons with one or more disabilities, as in |
7 | | the judgment of the
Department are proper and consistent with |
8 | | the provisions of this Act.
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9 | | (Source: P.A. 94-91, eff. 7-1-05.)
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10 | | (20 ILCS 2405/5a) (from Ch. 23, par. 3437)
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11 | | Sec. 5a.
The State of Illinois does hereby (1) accept the |
12 | | provisions and
benefits of the act of Congress entitled the |
13 | | Rehabilitation Act of 1973, as
amended by the Workforce |
14 | | Innovation and Opportunity Act heretofore and hereafter |
15 | | amended , (2) designate the State Treasurer as
custodian of all |
16 | | moneys received by the State from appropriations made by the
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17 | | Congress of the United States for comprehensive vocational |
18 | | rehabilitation services and
related services for persons |
19 | | habilitation and rehabilitation of persons with one or more |
20 | | disabilities, to be
kept in a fund to be known as the |
21 | | Vocational Rehabilitation Fund, and authorize
the State |
22 | | treasurer to make disbursements therefrom upon the order of |
23 | | the
Department, and (3) empower and direct the Department to |
24 | | cooperate with the
federal government in carrying out the |
25 | | provisions of the Rehabilitation Act of
1973 , as amended by |
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1 | | the Workforce Innovation and Opportunity Act .
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2 | | (Source: P.A. 88-500.)
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3 | | (20 ILCS 2405/9) (from Ch. 23, par. 3440)
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4 | | Sec. 9.
Whenever, in the course of its vocational |
5 | | rehabilitation program, rehabilitation and habilitation
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6 | | program, the Department has provided tools, equipment, initial |
7 | | stock or
other supplies to a person with one or more |
8 | | disabilities to establish a
business enterprise as a |
9 | | self-employed person, other than a business
enterprise under |
10 | | the supervision and management of a non-profit agency, the
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11 | | Department may, in its discretion, convey title to such tools, |
12 | | equipment,
initial stock or other supplies at any time after |
13 | | the expiration of 6
months after such items are provided to |
14 | | that person.
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15 | | (Source: P.A. 86-607.)
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16 | | (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
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17 | | Sec. 12a. Centers for independent living.
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18 | | (a) Purpose. Recognizing that persons with
significant |
19 | | disabilities deserve a
high quality of life within their |
20 | | communities regardless of their
disabilities, the Department, |
21 | | working with the Statewide Independent Living
Council , shall |
22 | | develop a State Plan for Independent Living for approval by |
23 | | the Department and subsequent submission to the Administrator |
24 | | based on federally prescribed timeframes. plan for submission |
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1 | | on an annual basis to the
Commissioner. The Department shall |
2 | | adopt rules for implementing the State
Plan for Independent |
3 | | Living plan in accordance with the federal Act, including |
4 | | rules adopted under the
federal Act governing the award of |
5 | | grants.
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6 | | (b) Definitions. As used in this Section, unless the |
7 | | context clearly
requires otherwise:
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8 | | "Administrator" means the Administrator of the |
9 | | Administration for Community Living in the United States |
10 | | Department of Health and Human Services. |
11 | | "Federal Act" means the federal Rehabilitation
Act of |
12 | | 1973, as amended.
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13 | | "Center for independent living" means a consumer |
14 | | controlled, community based,
cross-disability, |
15 | | non-residential, private non-profit agency that is designated
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16 | | and operated within a local community by individuals with |
17 | | disabilities and
provides an array of independent living |
18 | | services.
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19 | | "Consumer controlled" means that the center for |
20 | | independent living vests
power and authority in individuals |
21 | | with disabilities
and that at least 51% of the directors of the |
22 | | center are persons with one or
more disabilities as defined by |
23 | | this Act.
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24 | | "Commissioner" means the Commissioner of the |
25 | | Rehabilitation Services
Administration in the United States |
26 | | Department of Education.
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1 | | "Council" means the Statewide Independent Living Council |
2 | | appointed under
subsection (d).
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3 | | "Federal Act" means the federal Rehabilitation Act of |
4 | | 1973, as amended. |
5 | | "Individual with a disability" means any individual who |
6 | | has a physical or
mental impairment that substantially limits |
7 | | a major life activity, has a record
of such an impairment, or |
8 | | is regarded as having such an impairment.
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9 | | "Individual with a
significant disability" means an |
10 | | individual with a significant
physical or mental impairment, |
11 | | whose ability to function independently in the
family or |
12 | | community or whose ability to obtain, maintain, or advance in
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13 | | employment is substantially limited and for whom the delivery |
14 | | of independent
living services will improve the ability to |
15 | | function, continue functioning, or
move toward functioning |
16 | | independently in the family or community or to continue
in |
17 | | employment.
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18 | | "State Plan for Independent Living plan " means the |
19 | | materials submitted by the Statewide Independent Living |
20 | | Council, after receiving the approval of the Department, to |
21 | | the Administrator based on federally prescribed timeframes |
22 | | Department to the
Commissioner on an annual basis that contain |
23 | | the State's proposal for:
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24 | | (1) The provision of statewide independent living |
25 | | services.
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26 | | (2) The development and support of a statewide network |
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1 | | of centers for
independent living.
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2 | | (3) Working relationships between (i) programs |
3 | | providing independent
living services and independent |
4 | | living centers and (ii) the vocational
rehabilitation |
5 | | program administered by the Department under the federal |
6 | | Act
and other programs providing services for individuals |
7 | | with disabilities.
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8 | | (c) Authority. The unit of the Department headed by the |
9 | | Director, or his or her designee, vocational
rehabilitation |
10 | | administrator shall be designated the State unit under
Title |
11 | | VII of the federal Act and shall have the following |
12 | | responsibilities:
|
13 | | (1) To receive, account for, and disburse funds |
14 | | received by the State
under the federal Act based on the |
15 | | State Plan for Independent Living plan .
|
16 | | (2) To provide administrative support services to |
17 | | centers for independent
living programs.
|
18 | | (3) To keep records, and take such actions with |
19 | | respect to those records,
as the Administrator |
20 | | Commissioner finds to be necessary with respect to the |
21 | | programs.
|
22 | | (4) To submit additional information or provide |
23 | | assurances the
Administrator Commissioner may require with |
24 | | respect to the programs.
|
25 | | The vocational rehabilitation administrator and the |
26 | | Chairperson of the Council
is are responsible for jointly |
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1 | | developing and signing the State Plan for Independent Living |
2 | | plan required by
Section 704 of the federal Act. The Director, |
3 | | or his or her designee, is responsible for approving the State |
4 | | Plan for Independent Living prior to its submission to the |
5 | | Administrator. The State Plan for Independent Living plan |
6 | | shall conform to the
requirements of Section 704 of the |
7 | | federal Act.
|
8 | | (d) Statewide Independent Living Council.
|
9 | | The Governor shall appoint a Statewide Independent Living |
10 | | Council, comprised
of 18 members, which shall be established |
11 | | as an entity separate and distinct
from the Department. The |
12 | | composition of the Council shall
include the following:
|
13 | | (1) At least one director of a center for independent |
14 | | living chosen by the
directors of centers for independent |
15 | | living within the State.
|
16 | | (2) A representative from the unit of the Department |
17 | | of Human Services
responsible for the administration of |
18 | | the vocational rehabilitation program and
a representative |
19 | | from another unit in the Department of Human Services that
|
20 | | provides services for individuals with disabilities and a
|
21 | | representative each from the Department on
Aging, the |
22 | | State Board of Education, and the Department of Children |
23 | | and Family
Services, all as ex officio, nonvoting |
24 | | ex-officio, non-voting members who shall not be counted in
|
25 | | the 18 members appointed by the Governor.
|
26 | | In addition, the Council may include the following:
|
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1 | | (A) One or more representatives of centers for |
2 | | independent living.
|
3 | | (B) One or more parents or guardians of individuals |
4 | | with disabilities.
|
5 | | (C) One or more advocates for individuals with |
6 | | disabilities.
|
7 | | (D) One or more representatives of private business.
|
8 | | (E) One or more representatives of organizations that |
9 | | provide services
for individuals with disabilities.
|
10 | | (F) Other appropriate individuals.
|
11 | | After soliciting recommendations from organizations |
12 | | representing a broad
range of individuals
with disabilities |
13 | | and organizations interested in individuals with
disabilities, |
14 | | the Governor shall appoint members of the Council for terms
|
15 | | beginning July 1, 1993. The Council shall be composed of |
16 | | members (i) who
provide
statewide representation; (ii) who |
17 | | represent a broad range of individuals with
disabilities from |
18 | | diverse backgrounds;
(iii) who are knowledgeable about centers |
19 | | for independent living
and independent living services; and |
20 | | (iv) a majority of whom are persons who
are individuals with |
21 | | disabilities and are not employed by any State agency or
|
22 | | center for independent living.
|
23 | | The council shall elect a chairperson from among its |
24 | | voting membership.
|
25 | | Each member of the Council shall serve for terms of 3 |
26 | | years, except that (i)
a member appointed to fill a vacancy |
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1 | | occurring before the expiration of the
term for which the |
2 | | predecessor was appointed shall be appointed for the
remainder |
3 | | of that term and (ii) terms of the members initially appointed |
4 | | after
the effective date of this amendatory Act of 1993 shall |
5 | | be as follows: 6 of
the initial members shall be appointed for |
6 | | terms of one year, 6 shall be
appointed for terms of 2 years, |
7 | | and 6 shall be appointed for terms of 3 years.
No member of the |
8 | | council may serve more than 2 consecutive full terms.
|
9 | | Appointments to fill vacancies in unexpired terms and new |
10 | | terms shall be
filled by the Governor or by the Council if the |
11 | | Governor delegates that power
to the Council by executive |
12 | | order. The vacancy shall not affect the
power of the remaining |
13 | | members to execute the powers and duties of the
Council. The |
14 | | Council shall have the duties enumerated in subsections (c),
|
15 | | (d), and (e) of Section 705 of the federal Act.
|
16 | | Members shall be reimbursed for their actual expenses |
17 | | incurred in the
performance of their duties, including |
18 | | expenses for travel, child care, and
personal assistance |
19 | | services, and a member who is not employed or who must
forfeit |
20 | | wages from other employment shall be paid reasonable |
21 | | compensation for
each day the member is engaged in performing |
22 | | the duties of the Council. The
reimbursement or compensation |
23 | | shall be paid from moneys made available to the
Department |
24 | | under Part B of Title VII of the federal Act.
|
25 | | In addition to the powers and duties granted to advisory |
26 | | boards by Section
5-505 of the Departments of State Government |
|
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1 | | Law (20 ILCS 5/5-505),
the Council shall have the
authority to |
2 | | appoint jointly with the vocational rehabilitation |
3 | | administrator
a peer review committee to consider and make |
4 | | recommendations for grants to
eligible centers for independent |
5 | | living.
|
6 | | (e) Grants to centers for independent living. Each center |
7 | | for independent
living that receives assistance from the |
8 | | Department under this Section shall
comply with the standards |
9 | | and provide and comply with the assurances that are
set forth |
10 | | in the State
plan and consistent with Section 725 of the |
11 | | federal Act. Each center for
independent living receiving |
12 | | financial assistance from the Department shall
provide |
13 | | satisfactory assurances at the time and in the manner the |
14 | | Director, or his or her designee, requires. Centers for |
15 | | independent living receiving financial assistance from the |
16 | | Department shall comply with grant making provisions outlined |
17 | | in State and federal law, and with the requirements of their |
18 | | respective grant contracts. vocational
rehabilitation |
19 | | administrator requires.
|
20 | | Beginning October 1, 1994, the Director, or his or her |
21 | | designee, vocational rehabilitation administrator may
award |
22 | | grants to any eligible center for independent living that is |
23 | | receiving
funds under Title VII of the federal Act, unless the |
24 | | Director, or his or her designee, vocational rehabilitation
|
25 | | administrator makes a finding that the center for independent |
26 | | living fails to
comply with the standards and assurances set |
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1 | | forth in Section 725 of the
federal Act.
|
2 | | If there is no center for independent living serving a |
3 | | region of the State or
the region is underserved, and the State |
4 | | receives a federal increase in its
allotment sufficient to |
5 | | support one or more additional centers for independent
living |
6 | | in the State, the Director, or his or her designee, vocational |
7 | | rehabilitation administrator may award a
grant under this |
8 | | subsection to
one or more eligible agencies, consistent with |
9 | | the provisions of the State plan
setting forth the design of |
10 | | the State for establishing a statewide network for
centers for |
11 | | independent living.
|
12 | | In selecting from among eligible agencies in awarding a |
13 | | grant under this
subsection for a new center for independent |
14 | | living, the Director, or his or her designee, vocational
|
15 | | rehabilitation administrator and the
chairperson of (or other |
16 | | individual designated by) the Council acting on behalf
of and |
17 | | at the direction of the Council shall jointly appoint a peer |
18 | | review
committee that shall rank applications in accordance |
19 | | with the standards and
assurances set forth in Section 725 of |
20 | | the federal Act and criteria jointly
established by the |
21 | | Director, or his or her designee, vocational rehabilitation |
22 | | administrator
and the chairperson or designated individual. |
23 | | The
peer review committee shall consider the ability of the |
24 | | applicant to operate a
center for independent living and shall |
25 | | recommend an applicant to receive a
grant under this |
26 | | subsection based on the following:
|
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1 | | (1) Evidence of the need for a center for independent |
2 | | living, consistent
with the State plan.
|
3 | | (2) Any past performance of the applicant in providing |
4 | | services
comparable to independent living services.
|
5 | | (3) The applicant's plan for complying with, or |
6 | | demonstrated success in
complying with, the standards and |
7 | | assurances set forth in Section 725 of the
federal Act.
|
8 | | (4) The quality of key personnel of the applicant and |
9 | | the involvement of
individuals with significant |
10 | | disabilities by the applicant.
|
11 | | (5) The budgets and cost effectiveness of the |
12 | | applicant.
|
13 | | (6) The evaluation plan of the applicant.
|
14 | | (7) The ability of the applicant to carry out the |
15 | | plan.
|
16 | | The Director, or his or her designee, vocational |
17 | | rehabilitation administrator shall award the grant on the
|
18 | | basis of the recommendation of the peer review committee if |
19 | | the actions of the
committee are consistent with federal and |
20 | | State law.
|
21 | | (f) Evaluation and review. The Director, or his or her |
22 | | designee, vocational rehabilitation administrator
shall |
23 | | periodically review each center for independent living that |
24 | | receives
funds from the Department under Title VII of the |
25 | | federal Act, or moneys
appropriated from the General Revenue |
26 | | Fund, to determine whether the center is
in compliance with |
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1 | | the standards and assurances set forth in Section 725 of the
|
2 | | federal Act , other applicable State and federal laws, and the |
3 | | provisions of the grant contract . If the Director, or his or |
4 | | her designee, vocational rehabilitation administrator |
5 | | determines that
any center receiving those federal or State |
6 | | funds is not in compliance with the
standards and assurances |
7 | | set forth in Section 725 , the Director, or his or her designee, |
8 | | vocational
rehabilitation administrator shall immediately |
9 | | notify the center that it is out
of compliance. The Director, |
10 | | or his or her designee, shall recommend to the Secretary, or |
11 | | his or her designee, that all funding to that center be |
12 | | terminated vocational rehabilitation administrator shall |
13 | | terminate all
funds to that center 90 days after the date of |
14 | | notification or, in the case of
a center that requests an |
15 | | appeal, the date of any final decision, unless the
center |
16 | | submits a plan to achieve compliance within 90 days and that |
17 | | plan is
approved by the Director, or his or her designee, |
18 | | vocational rehabilitation administrator or (if on appeal) by
|
19 | | the Secretary, or his or her designee Commissioner .
|
20 | | (Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99; |
21 | | 92-16, eff.
6-28-01.)
|
22 | | (20 ILCS 2405/13a) (from Ch. 23, par. 3444a)
|
23 | | Sec. 13a.
(a) The Department shall be responsible for |
24 | | coordinating
the establishment of local Transition Planning |
25 | | Committees. Members of the
committees shall consist of |
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1 | | representatives from special education;
vocational and regular |
2 | | education; post-secondary education; parents of
youth with |
3 | | disabilities; persons with disabilities; local business or
|
4 | | industry; the Department of Human Services; public and
private |
5 | | adult service providers; case coordination; and other |
6 | | consumer, school,
and adult services as appropriate. The |
7 | | Committee shall elect a chair and shall
meet at least |
8 | | quarterly. Each Transition Planning Committee shall:
|
9 | | (1) identify current transition services, programs, |
10 | | and funding sources
provided within the community for |
11 | | secondary and post-secondary aged youth
with disabilities |
12 | | and their families as well as the development of
|
13 | | strategies to address unmet needs;
|
14 | | (2) facilitate the development of transition |
15 | | interagency teams to
address present and future transition |
16 | | needs of individual students on their
individual education |
17 | | plans;
|
18 | | (3) develop a mission statement that emphasizes the |
19 | | goals of
integration and participation in all aspects of |
20 | | community life for persons
with disabilities;
|
21 | | (4) provide for the exchange of information such as |
22 | | appropriate data,
effectiveness studies, special projects, |
23 | | exemplary programs, and creative
funding of programs;
|
24 | | (5) develop consumer in-service and awareness training |
25 | | programs in the
local community; and
|
26 | | (6) assist in staff training for individual transition |
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1 | | planning and
student transition needs assessment.
|
2 | | (b) Each Transition Planning Committee shall select a |
3 | | chair from among
its members who shall serve for a term of one |
4 | | year. Each committee shall
meet at least quarterly, or at such |
5 | | other times at the call of the chair.
|
6 | | (c) (Blank). Each Transition Planning Committee shall |
7 | | annually prepare and submit
to the Interagency Coordinating |
8 | | Council a report which assesses
the level
of currently |
9 | | available services in the community as well as the level of
|
10 | | unmet needs of secondary students with disabilities, makes
|
11 | | recommendations to address unmet needs, and summarizes the |
12 | | steps
taken to address unmet needs based on the |
13 | | recommendations made in
previous reports.
|
14 | | (d) The name and affiliation of each local Transition |
15 | | Planning Committee
member and the annual report required
under |
16 | | subsection (c) of this Section shall be filed with the |
17 | | administrative
office of each school district served by the |
18 | | local
Transition Planning Committee, be made available to the |
19 | | public upon request,
and be sent to each
member of the General |
20 | | Assembly whose district encompasses the area
served by the |
21 | | Transition Planning Committee.
|
22 | | (Source: P.A. 92-452, eff. 8-21-01.)
|
23 | | (20 ILCS 2405/12 rep.)
|
24 | | Section 10. The Rehabilitation of Persons with |
25 | | Disabilities Act is amended by repealing Section 12. |
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1 | | (20 ILCS 2407/Art. 4 rep.) |
2 | | Section 15. The Disabilities Services Act of 2003 is |
3 | | amended by repealing Article 4. |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 2405/1b | from Ch. 23, par. 3432 | | 4 | | 20 ILCS 2405/3 | from Ch. 23, par. 3434 | | 5 | | 20 ILCS 2405/5 | from Ch. 23, par. 3436 | | 6 | | 20 ILCS 2405/5a | from Ch. 23, par. 3437 | | 7 | | 20 ILCS 2405/9 | from Ch. 23, par. 3440 | | 8 | | 20 ILCS 2405/12a | from Ch. 23, par. 3443a | | 9 | | 20 ILCS 2405/13a | from Ch. 23, par. 3444a | | 10 | | 20 ILCS 2405/12 rep. | | | 11 | | 20 ILCS 2407/Art. 4 rep. | |
|
|