| |
Public Act 103-0709 Public Act 0709 103RD GENERAL ASSEMBLY | Public Act 103-0709 | HB5354 Enrolled | LRB103 37230 SPS 67349 b |
|
| AN ACT concerning employment. | Be it enacted by the People of the State of Illinois, | represented in the General Assembly: | Section 5. The Customized Employment for Individuals with | Disabilities Act is amended by changing Sections 10, 15, 20, | 25, 30, 35, and 40 and by adding Section 6 as follows: | (820 ILCS 97/6 new) | Sec. 6. Definition. As used in this Act, "customized | employment" means competitive integrated employment for an | individual with a significant disability that is based on an | individualized determination of the strengths, needs, and | interests of the individual with a significant disability, | designed to meet the specific abilities of the individual with | a significant disability and the business needs of the | employer, establishes a relationship between the employer and | the employee that is negotiated to meet the needs of both | parties, and is based on an exchange of specific contributions | by the employee for pay by the employer that is at or above the | applicable minimum wage. | (820 ILCS 97/10) | Sec. 10. Customized Employment Demonstration Pilot | Program. The Department of Human Services, through its |
| Division of Rehabilitation Services and in collaboration with | the Division of Developmental Disabilities, shall establish a | 5-year Customized Employment Demonstration Pilot Program that | serves a minimum of 40 25 individuals by July 1, 2025, with a | goal of serving at least 75 individuals by July 1, 2027 the | second year of the Pilot Program . | The Demonstration program shall comply with the document | titled "The Essential Elements of Customized Employment for | Universal Application", published June 2017 by the Workforce | Innovation Technical Assistance Center and the Youth Technical | Assistance Center under grants from the federal Department of | Education. The Demonstration The Pilot Program shall include | the following components for each participant : | (1) "Phase One: Consultation and Initiation" means | pre-discovery activities introducing the participant to | customized employment activities, roles and | responsibilities, and expected outcomes and introducing | the customized employment provider to the participant and | the participant's support team, including family, | guardians, friends, colleagues, advocates, | community-based service agencies, and others as determined | by the participant or the participant's guardian. If the | participant or participant's guardian chooses to proceed | with the customized employment provider, the Division of | Rehabilitation Services shall develop an Initial Discovery | Action Plan An intensive discovery phase during which the |
| unique needs, abilities, and interests of the individual | will be explored by the individual at his or her direction | with assistance from family, friends, colleagues, | advocates, community-based service agencies, and others as | determined by the individual . | (2) "Phase Two: Discovery" means a person-centered | planning process that shall be used to determine the | participant's interests, skills, preferences, and ideal | employment conditions that shall guide the development of | a customized job. The unique needs, abilities, and | interests of the participant shall be explored by the | participant at his or her direction or the direction of | his or her guardian, with assistance from family, friends, | colleagues, advocates, community-based service agencies, | and others as determined by the participant or the | participant's guardian. The exploration of the unique | needs of the participant shall include the participant's | assistive technology needs and the participant's need for | work incentives benefits counseling. During this phase, a | plan for completing the discovery process shall be | developed that contains a timeline for completing the | discovery process, assignment of who shall gather which | piece of information, how the information shall be | gathered, who shall receive the information, and who shall | make up the core support team for the participant. The | plan for completing the discovery service shall be shared |
| and discussed by the customized employment provider with | the participant and the Division of Rehabilitation | Services, and the service provider shall bill for this | service. A Discovery Profile, containing all of the | information learned from the discovery process, shall be | shared and discussed by the provider with the participant, | the participant's guardian, and Division of Rehabilitation | Services, and the service provider shall bill for this | service A customized person-centered planning process | based upon information gathered during the discovery phase | that involves capturing, organizing, and presenting the | information in a blueprint for the job search . | (3) "Phase Three: Customized Employment Planning" | means an opportunity to use the information learned during | the discovery process to develop a plan for competitive | and integrated employment for the participant An employer | negotiation process in which job duties and employee | expectations are negotiated to align the skills and | interests of the individual with the needs of an employer. | The negotiation process may result in agreement on options | such as (i) carving out a job for the individual, (ii) | creating a new job description, (iii) creating a new job, | (iv) job-sharing, and (v) agreeing on job supports, | transportation needs, assistive technology, work hours, | location, or supervision needs . | (4) "Phase Four: Job Development and Negotiation" |
| means a process of working collaboratively with the | participant, the participant's guardian, and the | customized employment employer to negotiate a customized | job, including, terms of employment, conditions necessary | for success, and the specific unmet needs of the employer | that shall be fulfilled by the participant's contributions | A flexible timeline for a comprehensive discovery, | planning, and job placement process to accommodate the | unique needs of the individual . | (5) "Phase Five: Post-Employment Support and | Monitoring" means support and monitoring from the | customized employment service to ensure satisfactory | results for both the participant and the employer. | The Customized Employment Demonstration Pilot Program | shall be based on implemented through an individualized plan | for employment developed by the individual with a disability , | the community based agency, the individual's support team, and | the vocational rehabilitation counselor employed by the | Division of Rehabilitation Services. The individual with a | disability may choose to have a personal representative | participate in the development of the individualized plan for | employment. | (Source: P.A. 101-368, eff. 1-1-20 .) | (820 ILCS 97/15) | Sec. 15. Selection of participants. Individuals shall be |
| identified and referred to the Department to participate in | the Demonstration Pilot Program by community-based agencies | serving persons with intellectual or developmental | disabilities. A team of individuals identified during the | discovery phase shall be created to work with the individual | during the process. The team shall include at least one | qualified staff person as described in Section 25. Selection | preference shall be given to individuals who are currently | working in a sheltered workshop setting for a subminimum wage | and individuals for whom it is likely that their current | employment options will be limited to working in a sheltered | workshop for a subminimum wage. | (Source: P.A. 101-368, eff. 1-1-20 .) | (820 ILCS 97/20) | Sec. 20. Diversity. Participants in the Demonstration | Pilot Program shall reflect the geographical, racial, ethnic, | gender, and income-level diversity of the State. | (Source: P.A. 101-368, eff. 1-1-20 .) | (820 ILCS 97/25) | Sec. 25. Community-based agencies and staff | qualifications. The Demonstration Pilot Program shall utilize | a minimum of 4 Illinois non-profit community-based agencies | that must: | (1) assign at least one staff member who has received |
| a certificate of completion for training in community | employment, with a specialization in customized | employment, from a recognized and qualified training | entity such as the Association of Community Rehabilitation | Educators; and | (2) have access to technical assistance on customized | employment from a recognized and qualified training entity | to work with each participant in the Demonstration Pilot | Program. | (Source: P.A. 101-368, eff. 1-1-20 .) | (820 ILCS 97/30) | Sec. 30. Data collection and reporting. The Department | shall collect data regarding the successes and challenges of | the Demonstration Pilot Program and shall submit an annual | report to the Governor and the General Assembly on March 1st of | each year beginning in 2026 2021 until the Demonstration Pilot | Program terminates. The reports shall: (i) make a | recommendation as to whether the Demonstration Pilot Program | should be extended continue or become a statewide program; | (ii) provide cost estimates, including the average per person | costs; and (iii) recommend ways in which the Demonstration | Pilot Program can be improved to better serve the needs of | individuals with disabilities and employers. The data | collected shall include, but not be limited to, for each | individual served by the Demonstration Program: |
| (1) The number of individuals with an intellectual | disability; | (2) the number of individuals with a developmental | disability; | (3) the number of individuals residing in a community | integrated living arrangement; | (4) the number of individuals residing in an | intermediate care facility for people with a developmental | disability; | (5) the number of individuals residing in their family | home; | (6) the number of individuals residing in a State | operated developmental center; | (7) the number of individuals residing in a community | living facility; | (8) the number of individuals who were working in a | sheltered workshop earning subminimum wage; and | | (9) the average amount of time individuals in the | Demonstration Program spend in each customized employed | phase as described in Section 10. | (Source: P.A. 101-368, eff. 1-1-20 .) | (820 ILCS 97/35) | Sec. 35. Advice and recommendations. In the creation, | operation, and administration of the Demonstration Pilot | Program, the Department shall seek the advice and |
| recommendations of the State Rehabilitation Council, Illinois | Council on Developmental Disabilities, the Illinois Task Force | on Employment and Economic Opportunity for Persons with | Disabilities, statewide disability advocacy groups, and | organizations representing large, medium, and small | businesses. | (Source: P.A. 101-368, eff. 1-1-20 .) | (820 ILCS 97/40) | Sec. 40. The Department may adopt administrative rules | governing the Demonstration Pilot Program; however, the | Demonstration Pilot Program shall not be delayed pending the | adoption of rules. | (Source: P.A. 101-368, eff. 1-1-20 .) |
Effective Date: 1/1/2025
|
|
|