Full Text of HB5354 103rd General Assembly
HB5354enr 103RD GENERAL ASSEMBLY | | | HB5354 Enrolled | | LRB103 37230 SPS 67349 b |
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| 1 | | AN ACT concerning employment. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Customized Employment for Individuals with | 5 | | Disabilities Act is amended by changing Sections 10, 15, 20, | 6 | | 25, 30, 35, and 40 and by adding Section 6 as follows: | 7 | | (820 ILCS 97/6 new) | 8 | | Sec. 6. Definition. As used in this Act, "customized | 9 | | employment" means competitive integrated employment for an | 10 | | individual with a significant disability that is based on an | 11 | | individualized determination of the strengths, needs, and | 12 | | interests of the individual with a significant disability, | 13 | | designed to meet the specific abilities of the individual with | 14 | | a significant disability and the business needs of the | 15 | | employer, establishes a relationship between the employer and | 16 | | the employee that is negotiated to meet the needs of both | 17 | | parties, and is based on an exchange of specific contributions | 18 | | by the employee for pay by the employer that is at or above the | 19 | | applicable minimum wage. | 20 | | (820 ILCS 97/10) | 21 | | Sec. 10. Customized Employment Demonstration Pilot | 22 | | Program. The Department of Human Services, through its |
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| 1 | | Division of Rehabilitation Services and in collaboration with | 2 | | the Division of Developmental Disabilities, shall establish a | 3 | | 5-year Customized Employment Demonstration Pilot Program that | 4 | | serves a minimum of 40 25 individuals by July 1, 2025, with a | 5 | | goal of serving at least 75 individuals by July 1, 2027 the | 6 | | second year of the Pilot Program . | 7 | | The Demonstration program shall comply with the document | 8 | | titled "The Essential Elements of Customized Employment for | 9 | | Universal Application", published June 2017 by the Workforce | 10 | | Innovation Technical Assistance Center and the Youth Technical | 11 | | Assistance Center under grants from the federal Department of | 12 | | Education. The Demonstration The Pilot Program shall include | 13 | | the following components for each participant : | 14 | | (1) "Phase One: Consultation and Initiation" means | 15 | | pre-discovery activities introducing the participant to | 16 | | customized employment activities, roles and | 17 | | responsibilities, and expected outcomes and introducing | 18 | | the customized employment provider to the participant and | 19 | | the participant's support team, including family, | 20 | | guardians, friends, colleagues, advocates, | 21 | | community-based service agencies, and others as determined | 22 | | by the participant or the participant's guardian. If the | 23 | | participant or participant's guardian chooses to proceed | 24 | | with the customized employment provider, the Division of | 25 | | Rehabilitation Services shall develop an Initial Discovery | 26 | | Action Plan An intensive discovery phase during which the |
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| 1 | | unique needs, abilities, and interests of the individual | 2 | | will be explored by the individual at his or her direction | 3 | | with assistance from family, friends, colleagues, | 4 | | advocates, community-based service agencies, and others as | 5 | | determined by the individual . | 6 | | (2) "Phase Two: Discovery" means a person-centered | 7 | | planning process that shall be used to determine the | 8 | | participant's interests, skills, preferences, and ideal | 9 | | employment conditions that shall guide the development of | 10 | | a customized job. The unique needs, abilities, and | 11 | | interests of the participant shall be explored by the | 12 | | participant at his or her direction or the direction of | 13 | | his or her guardian, with assistance from family, friends, | 14 | | colleagues, advocates, community-based service agencies, | 15 | | and others as determined by the participant or the | 16 | | participant's guardian. The exploration of the unique | 17 | | needs of the participant shall include the participant's | 18 | | assistive technology needs and the participant's need for | 19 | | work incentives benefits counseling. During this phase, a | 20 | | plan for completing the discovery process shall be | 21 | | developed that contains a timeline for completing the | 22 | | discovery process, assignment of who shall gather which | 23 | | piece of information, how the information shall be | 24 | | gathered, who shall receive the information, and who shall | 25 | | make up the core support team for the participant. The | 26 | | plan for completing the discovery service shall be shared |
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| 1 | | and discussed by the customized employment provider with | 2 | | the participant and the Division of Rehabilitation | 3 | | Services, and the service provider shall bill for this | 4 | | service. A Discovery Profile, containing all of the | 5 | | information learned from the discovery process, shall be | 6 | | shared and discussed by the provider with the participant, | 7 | | the participant's guardian, and Division of Rehabilitation | 8 | | Services, and the service provider shall bill for this | 9 | | service A customized person-centered planning process | 10 | | based upon information gathered during the discovery phase | 11 | | that involves capturing, organizing, and presenting the | 12 | | information in a blueprint for the job search . | 13 | | (3) "Phase Three: Customized Employment Planning" | 14 | | means an opportunity to use the information learned during | 15 | | the discovery process to develop a plan for competitive | 16 | | and integrated employment for the participant An employer | 17 | | negotiation process in which job duties and employee | 18 | | expectations are negotiated to align the skills and | 19 | | interests of the individual with the needs of an employer. | 20 | | The negotiation process may result in agreement on options | 21 | | such as (i) carving out a job for the individual, (ii) | 22 | | creating a new job description, (iii) creating a new job, | 23 | | (iv) job-sharing, and (v) agreeing on job supports, | 24 | | transportation needs, assistive technology, work hours, | 25 | | location, or supervision needs . | 26 | | (4) "Phase Four: Job Development and Negotiation" |
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| 1 | | means a process of working collaboratively with the | 2 | | participant, the participant's guardian, and the | 3 | | customized employment employer to negotiate a customized | 4 | | job, including, terms of employment, conditions necessary | 5 | | for success, and the specific unmet needs of the employer | 6 | | that shall be fulfilled by the participant's contributions | 7 | | A flexible timeline for a comprehensive discovery, | 8 | | planning, and job placement process to accommodate the | 9 | | unique needs of the individual . | 10 | | (5) "Phase Five: Post-Employment Support and | 11 | | Monitoring" means support and monitoring from the | 12 | | customized employment service to ensure satisfactory | 13 | | results for both the participant and the employer. | 14 | | The Customized Employment Demonstration Pilot Program | 15 | | shall be based on implemented through an individualized plan | 16 | | for employment developed by the individual with a disability , | 17 | | the community based agency, the individual's support team, and | 18 | | the vocational rehabilitation counselor employed by the | 19 | | Division of Rehabilitation Services. The individual with a | 20 | | disability may choose to have a personal representative | 21 | | participate in the development of the individualized plan for | 22 | | employment. | 23 | | (Source: P.A. 101-368, eff. 1-1-20 .) | 24 | | (820 ILCS 97/15) | 25 | | Sec. 15. Selection of participants. Individuals shall be |
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| 1 | | identified and referred to the Department to participate in | 2 | | the Demonstration Pilot Program by community-based agencies | 3 | | serving persons with intellectual or developmental | 4 | | disabilities. A team of individuals identified during the | 5 | | discovery phase shall be created to work with the individual | 6 | | during the process. The team shall include at least one | 7 | | qualified staff person as described in Section 25. Selection | 8 | | preference shall be given to individuals who are currently | 9 | | working in a sheltered workshop setting for a subminimum wage | 10 | | and individuals for whom it is likely that their current | 11 | | employment options will be limited to working in a sheltered | 12 | | workshop for a subminimum wage. | 13 | | (Source: P.A. 101-368, eff. 1-1-20 .) | 14 | | (820 ILCS 97/20) | 15 | | Sec. 20. Diversity. Participants in the Demonstration | 16 | | Pilot Program shall reflect the geographical, racial, ethnic, | 17 | | gender, and income-level diversity of the State. | 18 | | (Source: P.A. 101-368, eff. 1-1-20 .) | 19 | | (820 ILCS 97/25) | 20 | | Sec. 25. Community-based agencies and staff | 21 | | qualifications. The Demonstration Pilot Program shall utilize | 22 | | a minimum of 4 Illinois non-profit community-based agencies | 23 | | that must: | 24 | | (1) assign at least one staff member who has received |
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| 1 | | a certificate of completion for training in community | 2 | | employment, with a specialization in customized | 3 | | employment, from a recognized and qualified training | 4 | | entity such as the Association of Community Rehabilitation | 5 | | Educators; and | 6 | | (2) have access to technical assistance on customized | 7 | | employment from a recognized and qualified training entity | 8 | | to work with each participant in the Demonstration Pilot | 9 | | Program. | 10 | | (Source: P.A. 101-368, eff. 1-1-20 .) | 11 | | (820 ILCS 97/30) | 12 | | Sec. 30. Data collection and reporting. The Department | 13 | | shall collect data regarding the successes and challenges of | 14 | | the Demonstration Pilot Program and shall submit an annual | 15 | | report to the Governor and the General Assembly on March 1st of | 16 | | each year beginning in 2026 2021 until the Demonstration Pilot | 17 | | Program terminates. The reports shall: (i) make a | 18 | | recommendation as to whether the Demonstration Pilot Program | 19 | | should be extended continue or become a statewide program; | 20 | | (ii) provide cost estimates, including the average per person | 21 | | costs; and (iii) recommend ways in which the Demonstration | 22 | | Pilot Program can be improved to better serve the needs of | 23 | | individuals with disabilities and employers. The data | 24 | | collected shall include, but not be limited to, for each | 25 | | individual served by the Demonstration Program: |
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| 1 | | (1) The number of individuals with an intellectual | 2 | | disability; | 3 | | (2) the number of individuals with a developmental | 4 | | disability; | 5 | | (3) the number of individuals residing in a community | 6 | | integrated living arrangement; | 7 | | (4) the number of individuals residing in an | 8 | | intermediate care facility for people with a developmental | 9 | | disability; | 10 | | (5) the number of individuals residing in their family | 11 | | home; | 12 | | (6) the number of individuals residing in a State | 13 | | operated developmental center; | 14 | | (7) the number of individuals residing in a community | 15 | | living facility; | 16 | | (8) the number of individuals who were working in a | 17 | | sheltered workshop earning subminimum wage; and | 18 | | | | | (9) the average amount of time individuals in the | 19 | | Demonstration Program spend in each customized employed | 20 | | phase as described in Section 10. | 21 | | (Source: P.A. 101-368, eff. 1-1-20 .) | 22 | | (820 ILCS 97/35) | 23 | | Sec. 35. Advice and recommendations. In the creation, | 24 | | operation, and administration of the Demonstration Pilot | 25 | | Program, the Department shall seek the advice and |
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| 1 | | recommendations of the State Rehabilitation Council, Illinois | 2 | | Council on Developmental Disabilities, the Illinois Task Force | 3 | | on Employment and Economic Opportunity for Persons with | 4 | | Disabilities, statewide disability advocacy groups, and | 5 | | organizations representing large, medium, and small | 6 | | businesses. | 7 | | (Source: P.A. 101-368, eff. 1-1-20 .) | 8 | | (820 ILCS 97/40) | 9 | | Sec. 40. The Department may adopt administrative rules | 10 | | governing the Demonstration Pilot Program; however, the | 11 | | Demonstration Pilot Program shall not be delayed pending the | 12 | | adoption of rules. | 13 | | (Source: P.A. 101-368, eff. 1-1-20 .) |
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