Sen. Laura Fine

Filed: 3/6/2020

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3431

2    AMENDMENT NO. ______. Amend Senate Bill 3431 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rehabilitation of Persons with
5Disabilities Act is amended by changing Sections 1b, 3, 5, 5a,
69, 12a, and 13a as follows:
 
7    (20 ILCS 2405/1b)  (from Ch. 23, par. 3432)
8    Sec. 1b. Definitions. As used in For the purpose of this
9Act: , the term
10    "Person person with one or more disabilities" means a any
11person who, by reason of a physical or mental impairment, is or
12may be expected to require assistance to achieve be totally or
13partially incapacitated for independent living or competitive
14integrated employment.
15    "Vocational rehabilitation" gainful employment; the term
16"rehabilitation" or "habilitation" means those vocational or

 

 

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1other appropriate services that which increase the
2opportunities for competitive integrated employment.
3    "Independent living" independent functioning or gainful
4employment; the term "comprehensive rehabilitation" means
5those services necessary and appropriate to support community
6living and independence.
7    "Director" for increasing the potential for independent
8living or gainful employment as applicable; the term
9"vocational rehabilitation administrator" means the head of
10the designated State unit within the Department responsible for
11administration of rehabilitation and independent living
12services provided for in this Act, including but not limited to
13the administration of the federal Rehabilitation Act of 1973,
14as amended by the Workforce Innovation and Opportunity Act. ;
15the term
16    "Department" means the Department of Human Services. ; and
17the term
18    "Secretary" means the Secretary of the Department of Human
19Services.
20(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
 
21    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
22    Sec. 3. Powers and duties. The Department shall have the
23powers and duties enumerated herein:
24        (a) To cooperate co-operate with the federal
25    government in the administration of the provisions of the

 

 

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1    federal Rehabilitation Act of 1973, as amended by , of the
2    Workforce Innovation and Opportunity Act, and of the
3    federal Social Security Act to the extent and in the manner
4    provided in these Acts.
5        (b) To prescribe and supervise such courses of
6    vocational training and provide such other services as may
7    be necessary for the vocational habilitation and
8    rehabilitation of persons with one or more disabilities,
9    including the administrative activities under subsection
10    (e) of this Section; , and to cooperate co-operate with
11    State and local school authorities and other recognized
12    agencies engaged in vocational habilitation,
13    rehabilitation and comprehensive rehabilitation services;
14    and to cooperate with the Department of Children and Family
15    Services, the Illinois State Board of Education, and others
16    regarding the care and education of children with one or
17    more disabilities.
18        (c) (Blank).
19        (d) To report in writing, to the Governor, annually on
20    or before the first day of December, and at such other
21    times and in such manner and upon such subjects as the
22    Governor may require. The annual report shall contain (1)
23    information on the programs and activities dedicated to
24    vocational rehabilitation, independent living, and other
25    community services and supports administered by the
26    Director; (2) information on the development of vocational

 

 

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1    rehabilitation services, independent living services, and
2    supporting services administered by the Director in the
3    State; and (3) information detailing a statement of the
4    existing condition of comprehensive rehabilitation
5    services, habilitation and rehabilitation in the State;
6    (2) a statement of suggestions and recommendations with
7    reference to the development of comprehensive
8    rehabilitation services, habilitation and rehabilitation
9    in the State; and (3) an itemized statement of the amounts
10    of money received from federal, State, and other sources,
11    and of the objects and purposes to which the respective
12    items of these several amounts have been devoted.
13        (e) (Blank).
14        (f) To establish a program of services to prevent the
15    unnecessary institutionalization of persons in need of
16    long term care and who meet the criteria for blindness or
17    disability as defined by the Social Security Act, thereby
18    enabling them to remain in their own homes. Such preventive
19    services include any or all of the following:
20            (1) personal assistant services;
21            (2) homemaker services;
22            (3) home-delivered meals;
23            (4) adult day care services;
24            (5) respite care;
25            (6) home modification or assistive equipment;
26            (7) home health services;

 

 

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1            (8) electronic home response;
2            (9) brain injury behavioral/cognitive services;
3            (10) brain injury habilitation;
4            (11) brain injury pre-vocational services; or
5            (12) brain injury supported employment.
6        The Department shall establish eligibility standards
7    for such services taking into consideration the unique
8    economic and social needs of the population for whom they
9    are to be provided. Such eligibility standards may be based
10    on the recipient's ability to pay for services; provided,
11    however, that any portion of a person's income that is
12    equal to or less than the "protected income" level shall
13    not be considered by the Department in determining
14    eligibility. The "protected income" level shall be
15    determined by the Department, shall never be less than the
16    federal poverty standard, and shall be adjusted each year
17    to reflect changes in the Consumer Price Index For All
18    Urban Consumers as determined by the United States
19    Department of Labor. The standards must provide that a
20    person may not have more than $10,000 in assets to be
21    eligible for the services, and the Department may increase
22    or decrease the asset limitation by rule. The Department
23    may not decrease the asset level below $10,000.
24        The services shall be provided, as established by the
25    Department by rule, to eligible persons to prevent
26    unnecessary or premature institutionalization, to the

 

 

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1    extent that the cost of the services, together with the
2    other personal maintenance expenses of the persons, are
3    reasonably related to the standards established for care in
4    a group facility appropriate to their condition. These
5    non-institutional services, pilot projects or experimental
6    facilities may be provided as part of or in addition to
7    those authorized by federal law or those funded and
8    administered by the Illinois Department on Aging. The
9    Department shall set rates and fees for services in a fair
10    and equitable manner. Services identical to those offered
11    by the Department on Aging shall be paid at the same rate.
12        Except as otherwise provided in this paragraph,
13    personal assistants shall be paid at a rate negotiated
14    between the State and an exclusive representative of
15    personal assistants under a collective bargaining
16    agreement. In no case shall the Department pay personal
17    assistants an hourly wage that is less than the federal
18    minimum wage. Within 30 days after July 6, 2017 (the
19    effective date of Public Act 100-23), the hourly wage paid
20    to personal assistants and individual maintenance home
21    health workers shall be increased by $0.48 per hour.
22        Solely for the purposes of coverage under the Illinois
23    Public Labor Relations Act, personal assistants providing
24    services under the Department's Home Services Program
25    shall be considered to be public employees and the State of
26    Illinois shall be considered to be their employer as of

 

 

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1    July 16, 2003 (the effective date of Public Act 93-204),
2    but not before. Solely for the purposes of coverage under
3    the Illinois Public Labor Relations Act, home care and home
4    health workers who function as personal assistants and
5    individual maintenance home health workers and who also
6    provide services under the Department's Home Services
7    Program shall be considered to be public employees, no
8    matter whether the State provides such services through
9    direct fee-for-service arrangements, with the assistance
10    of a managed care organization or other intermediary, or
11    otherwise, and the State of Illinois shall be considered to
12    be the employer of those persons as of January 29, 2013
13    (the effective date of Public Act 97-1158), but not before
14    except as otherwise provided under this subsection (f). The
15    State shall engage in collective bargaining with an
16    exclusive representative of home care and home health
17    workers who function as personal assistants and individual
18    maintenance home health workers working under the Home
19    Services Program concerning their terms and conditions of
20    employment that are within the State's control. Nothing in
21    this paragraph shall be understood to limit the right of
22    the persons receiving services defined in this Section to
23    hire and fire home care and home health workers who
24    function as personal assistants and individual maintenance
25    home health workers working under the Home Services Program
26    or to supervise them within the limitations set by the Home

 

 

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1    Services Program. The State shall not be considered to be
2    the employer of home care and home health workers who
3    function as personal assistants and individual maintenance
4    home health workers working under the Home Services Program
5    for any purposes not specifically provided in Public Act
6    93-204 or Public Act 97-1158, including but not limited to,
7    purposes of vicarious liability in tort and purposes of
8    statutory retirement or health insurance benefits. Home
9    care and home health workers who function as personal
10    assistants and individual maintenance home health workers
11    and who also provide services under the Department's Home
12    Services Program shall not be covered by the State
13    Employees Group Insurance Act of 1971.
14        The Department shall execute, relative to nursing home
15    prescreening, as authorized by Section 4.03 of the Illinois
16    Act on the Aging, written inter-agency agreements with the
17    Department on Aging and the Department of Healthcare and
18    Family Services, to effect the intake procedures and
19    eligibility criteria for those persons who may need long
20    term care. On and after July 1, 1996, all nursing home
21    prescreenings for individuals 18 through 59 years of age
22    shall be conducted by the Department, or a designee of the
23    Department.
24        The Department is authorized to establish a system of
25    recipient cost-sharing for services provided under this
26    Section. The cost-sharing shall be based upon the

 

 

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1    recipient's ability to pay for services, but in no case
2    shall the recipient's share exceed the actual cost of the
3    services provided. Protected income shall not be
4    considered by the Department in its determination of the
5    recipient's ability to pay a share of the cost of services.
6    The level of cost-sharing shall be adjusted each year to
7    reflect changes in the "protected income" level. The
8    Department shall deduct from the recipient's share of the
9    cost of services any money expended by the recipient for
10    disability-related expenses.
11        To the extent permitted under the federal Social
12    Security Act, the Department, or the Department's
13    authorized representative, may recover the amount of
14    moneys expended for services provided to or in behalf of a
15    person under this Section by a claim against the person's
16    estate or against the estate of the person's surviving
17    spouse, but no recovery may be had until after the death of
18    the surviving spouse, if any, and then only at such time
19    when there is no surviving child who is under age 21 or
20    blind or who has a permanent and total disability. This
21    paragraph, however, shall not bar recovery, at the death of
22    the person, of moneys for services provided to the person
23    or in behalf of the person under this Section to which the
24    person was not entitled; provided that such recovery shall
25    not be enforced against any real estate while it is
26    occupied as a homestead by the surviving spouse or other

 

 

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1    dependent, if no claims by other creditors have been filed
2    against the estate, or, if such claims have been filed,
3    they remain dormant for failure of prosecution or failure
4    of the claimant to compel administration of the estate for
5    the purpose of payment. This paragraph shall not bar
6    recovery from the estate of a spouse, under Sections 1915
7    and 1924 of the Social Security Act and Section 5-4 of the
8    Illinois Public Aid Code, who precedes a person receiving
9    services under this Section in death. All moneys for
10    services paid to or in behalf of the person under this
11    Section shall be claimed for recovery from the deceased
12    spouse's estate. "Homestead", as used in this paragraph,
13    means the dwelling house and contiguous real estate
14    occupied by a surviving spouse or relative, as defined by
15    the rules and regulations of the Department of Healthcare
16    and Family Services, regardless of the value of the
17    property.
18        The Department shall submit an annual report on
19    programs and services provided under this Section. The
20    report shall be filed with the Governor and the General
21    Assembly on or before March 30 each year.
22        The requirement for reporting to the General Assembly
23    shall be satisfied by filing copies of the report as
24    required by Section 3.1 of the General Assembly
25    Organization Act, and filing additional copies with the
26    State Government Report Distribution Center for the

 

 

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1    General Assembly as required under paragraph (t) of Section
2    7 of the State Library Act.
3        (g) To establish such subdivisions of the Department as
4    shall be desirable and assign to the various subdivisions
5    the responsibilities and duties placed upon the Department
6    by law.
7        (h) To cooperate and enter into any necessary
8    agreements with the Department of Employment Security for
9    the provision of job placement and job referral services to
10    clients of the Department, including job service
11    registration of such clients with Illinois Employment
12    Security offices and making job listings maintained by the
13    Department of Employment Security available to such
14    clients.
15        (i) To possess all powers reasonable and necessary for
16    the exercise and administration of the powers, duties and
17    responsibilities of the Department which are provided for
18    by law.
19        (j) (Blank).
20        (k) (Blank).
21        (l) To establish, operate, and maintain a Statewide
22    Housing Clearinghouse of information on available
23    government subsidized housing accessible to persons with
24    disabilities and available privately owned housing
25    accessible to persons with disabilities. The information
26    shall include, but not be limited to, the location, rental

 

 

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1    requirements, access features and proximity to public
2    transportation of available housing. The Clearinghouse
3    shall consist of at least a computerized database for the
4    storage and retrieval of information and a separate or
5    shared toll free telephone number for use by those seeking
6    information from the Clearinghouse. Department offices and
7    personnel throughout the State shall also assist in the
8    operation of the Statewide Housing Clearinghouse.
9    Cooperation with local, State, and federal housing
10    managers shall be sought and extended in order to
11    frequently and promptly update the Clearinghouse's
12    information.
13        (m) To assure that the names and case records of
14    persons who received or are receiving services from the
15    Department, including persons receiving vocational
16    rehabilitation, home services, or other services, and
17    those attending one of the Department's schools or other
18    supervised facility shall be confidential and not be open
19    to the general public. Those case records and reports or
20    the information contained in those records and reports
21    shall be disclosed by the Director only to proper law
22    enforcement officials, individuals authorized by a court,
23    the General Assembly or any committee or commission of the
24    General Assembly, and other persons and for reasons as the
25    Director designates by rule. Disclosure by the Director may
26    be only in accordance with other applicable law.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
2100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
38-14-18; 100-1148, eff. 12-10-18.)
 
4    (20 ILCS 2405/5)  (from Ch. 23, par. 3436)
5    Sec. 5. The Department is authorized to receive such gifts
6or donations, either from public or private sources, as may be
7offered unconditionally or under such conditions related to the
8comprehensive vocational rehabilitation services, independent
9living services, and other community services and supports
10administered by the Director for habilitation and
11rehabilitation of persons with one or more disabilities, as in
12the judgment of the Department are proper and consistent with
13the provisions of this Act.
14(Source: P.A. 94-91, eff. 7-1-05.)
 
15    (20 ILCS 2405/5a)  (from Ch. 23, par. 3437)
16    Sec. 5a. The State of Illinois does hereby (1) accept the
17provisions and benefits of the act of Congress entitled the
18Rehabilitation Act of 1973, as amended by the Workforce
19Innovation and Opportunity Act heretofore and hereafter
20amended, (2) designate the State Treasurer as custodian of all
21moneys received by the State from appropriations made by the
22Congress of the United States for comprehensive vocational
23rehabilitation services and related services for persons
24habilitation and rehabilitation of persons with one or more

 

 

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1disabilities, to be kept in a fund to be known as the
2Vocational Rehabilitation Fund, and authorize the State
3treasurer to make disbursements therefrom upon the order of the
4Department, and (3) empower and direct the Department to
5cooperate with the federal government in carrying out the
6provisions of the Rehabilitation Act of 1973, as amended by the
7Workforce Innovation and Opportunity Act.
8(Source: P.A. 88-500.)
 
9    (20 ILCS 2405/9)  (from Ch. 23, par. 3440)
10    Sec. 9. Whenever, in the course of its vocational
11rehabilitation program, rehabilitation and habilitation
12program, the Department has provided tools, equipment, initial
13stock or other supplies to a person with one or more
14disabilities to establish a business enterprise as a
15self-employed person, other than a business enterprise under
16the supervision and management of a non-profit agency, the
17Department may, in its discretion, convey title to such tools,
18equipment, initial stock or other supplies at any time after
19the expiration of 6 months after such items are provided to
20that person.
21(Source: P.A. 86-607.)
 
22    (20 ILCS 2405/12a)  (from Ch. 23, par. 3443a)
23    Sec. 12a. Centers for independent living.
24    (a) Purpose. Recognizing that persons with significant

 

 

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1disabilities deserve a high quality of life within their
2communities regardless of their disabilities, the Department,
3working with the Statewide Independent Living Council, shall
4develop a State Plan for Independent Living for approval by the
5Department and subsequent submission to the Administrator
6based on federally prescribed timeframes. plan for submission
7on an annual basis to the Commissioner. The Department shall
8adopt rules for implementing the State Plan for Independent
9Living plan in accordance with the federal Act, including rules
10adopted under the federal Act governing the award of grants.
11    (b) Definitions. As used in this Section, unless the
12context clearly requires otherwise:
13    "Administrator" means the Administrator of the
14Administration for Community Living in the United States
15Department of Health and Human Services.
16    "Federal Act" means the federal Rehabilitation Act of 1973,
17as amended.
18    "Center for independent living" means a consumer
19controlled, community based, cross-disability,
20non-residential, private non-profit agency that is designated
21and operated within a local community by individuals with
22disabilities and provides an array of independent living
23services.
24    "Consumer controlled" means that the center for
25independent living vests power and authority in individuals
26with disabilities and that at least 51% of the directors of the

 

 

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1center are persons with one or more disabilities as defined by
2this Act.
3    "Commissioner" means the Commissioner of the
4Rehabilitation Services Administration in the United States
5Department of Education.
6    "Council" means the Statewide Independent Living Council
7appointed under subsection (d).
8    "Federal Act" means the federal Rehabilitation Act of 1973,
9as amended.
10    "Individual with a disability" means any individual who has
11a physical or mental impairment that substantially limits a
12major life activity, has a record of such an impairment, or is
13regarded as having such an impairment.
14    "Individual with a significant disability" means an
15individual with a significant physical or mental impairment,
16whose ability to function independently in the family or
17community or whose ability to obtain, maintain, or advance in
18employment is substantially limited and for whom the delivery
19of independent living services will improve the ability to
20function, continue functioning, or move toward functioning
21independently in the family or community or to continue in
22employment.
23    "State Plan for Independent Living plan" means the
24materials submitted by the Statewide Independent Living
25Council, after receiving the approval of the Department, to the
26Administrator based on federally prescribed timeframes

 

 

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1Department to the Commissioner on an annual basis that contain
2the State's proposal for:
3        (1) The provision of statewide independent living
4    services.
5        (2) The development and support of a statewide network
6    of centers for independent living.
7        (3) Working relationships between (i) programs
8    providing independent living services and independent
9    living centers and (ii) the vocational rehabilitation
10    program administered by the Department under the federal
11    Act and other programs providing services for individuals
12    with disabilities.
13    (c) Authority. The unit of the Department headed by the
14Director, or his or her designee, vocational rehabilitation
15administrator shall be designated the State unit under Title
16VII of the federal Act and shall have the following
17responsibilities:
18        (1) To receive, account for, and disburse funds
19    received by the State under the federal Act based on the
20    State Plan for Independent Living plan.
21        (2) To provide administrative support services to
22    centers for independent living programs.
23        (3) To keep records, and take such actions with respect
24    to those records, as the Administrator Commissioner finds
25    to be necessary with respect to the programs.
26        (4) To submit additional information or provide

 

 

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1    assurances the Administrator Commissioner may require with
2    respect to the programs.
3The vocational rehabilitation administrator and the
4Chairperson of the Council is are responsible for jointly
5developing and signing the State Plan for Independent Living
6plan required by Section 704 of the federal Act. The Director,
7or his or her designee, is responsible for approving the State
8Plan for Independent Living prior to its submission to the
9Administrator. The State Plan for Independent Living plan shall
10conform to the requirements of Section 704 of the federal Act.
11    (d) Statewide Independent Living Council.
12    The Governor shall appoint a Statewide Independent Living
13Council, comprised of 18 members, which shall be established as
14an entity separate and distinct from the Department. The
15composition of the Council shall include the following:
16        (1) At least one director of a center for independent
17    living chosen by the directors of centers for independent
18    living within the State.
19        (2) A representative from the unit of the Department of
20    Human Services responsible for the administration of the
21    vocational rehabilitation program and a representative
22    from another unit in the Department of Human Services that
23    provides services for individuals with disabilities and a
24    representative each from the Department on Aging, the State
25    Board of Education, and the Department of Children and
26    Family Services, all as ex officio, nonvoting ex-officio,

 

 

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1    non-voting members who shall not be counted in the 18
2    members appointed by the Governor.
3    In addition, the Council may include the following:
4        (A) One or more representatives of centers for
5    independent living.
6        (B) One or more parents or guardians of individuals
7    with disabilities.
8        (C) One or more advocates for individuals with
9    disabilities.
10        (D) One or more representatives of private business.
11        (E) One or more representatives of organizations that
12    provide services for individuals with disabilities.
13        (F) Other appropriate individuals.
14    After soliciting recommendations from organizations
15representing a broad range of individuals with disabilities and
16organizations interested in individuals with disabilities, the
17Governor shall appoint members of the Council for terms
18beginning July 1, 1993. The Council shall be composed of
19members (i) who provide statewide representation; (ii) who
20represent a broad range of individuals with disabilities from
21diverse backgrounds; (iii) who are knowledgeable about centers
22for independent living and independent living services; and
23(iv) a majority of whom are persons who are individuals with
24disabilities and are not employed by any State agency or center
25for independent living.
26    The council shall elect a chairperson from among its voting

 

 

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1membership.
2    Each member of the Council shall serve for terms of 3
3years, except that (i) a member appointed to fill a vacancy
4occurring before the expiration of the term for which the
5predecessor was appointed shall be appointed for the remainder
6of that term and (ii) terms of the members initially appointed
7after the effective date of this amendatory Act of 1993 shall
8be as follows: 6 of the initial members shall be appointed for
9terms of one year, 6 shall be appointed for terms of 2 years,
10and 6 shall be appointed for terms of 3 years. No member of the
11council may serve more than 2 consecutive full terms.
12    Appointments to fill vacancies in unexpired terms and new
13terms shall be filled by the Governor or by the Council if the
14Governor delegates that power to the Council by executive
15order. The vacancy shall not affect the power of the remaining
16members to execute the powers and duties of the Council. The
17Council shall have the duties enumerated in subsections (c),
18(d), and (e) of Section 705 of the federal Act.
19    Members shall be reimbursed for their actual expenses
20incurred in the performance of their duties, including expenses
21for travel, child care, and personal assistance services, and a
22member who is not employed or who must forfeit wages from other
23employment shall be paid reasonable compensation for each day
24the member is engaged in performing the duties of the Council.
25The reimbursement or compensation shall be paid from moneys
26made available to the Department under Part B of Title VII of

 

 

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1the federal Act.
2    In addition to the powers and duties granted to advisory
3boards by Section 5-505 of the Departments of State Government
4Law (20 ILCS 5/5-505), the Council shall have the authority to
5appoint jointly with the vocational rehabilitation
6administrator a peer review committee to consider and make
7recommendations for grants to eligible centers for independent
8living.
9    (e) Grants to centers for independent living. Each center
10for independent living that receives assistance from the
11Department under this Section shall comply with the standards
12and provide and comply with the assurances that are set forth
13in the State plan and consistent with Section 725 of the
14federal Act. Each center for independent living receiving
15financial assistance from the Department shall provide
16satisfactory assurances at the time and in the manner the
17Director, or his or her designee, requires. Centers for
18independent living receiving financial assistance from the
19Department shall comply with grant making provisions outlined
20in State and federal law, and with the requirements of their
21respective grant contracts. vocational rehabilitation
22administrator requires.
23    Beginning October 1, 1994, the Director, or his or her
24designee, vocational rehabilitation administrator may award
25grants to any eligible center for independent living that is
26receiving funds under Title VII of the federal Act, unless the

 

 

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1Director, or his or her designee, vocational rehabilitation
2administrator makes a finding that the center for independent
3living fails to comply with the standards and assurances set
4forth in Section 725 of the federal Act.
5    If there is no center for independent living serving a
6region of the State or the region is underserved, and the State
7receives a federal increase in its allotment sufficient to
8support one or more additional centers for independent living
9in the State, the Director, or his or her designee, vocational
10rehabilitation administrator may award a grant under this
11subsection to one or more eligible agencies, consistent with
12the provisions of the State plan setting forth the design of
13the State for establishing a statewide network for centers for
14independent living.
15    In selecting from among eligible agencies in awarding a
16grant under this subsection for a new center for independent
17living, the Director, or his or her designee, vocational
18rehabilitation administrator and the chairperson of (or other
19individual designated by) the Council acting on behalf of and
20at the direction of the Council shall jointly appoint a peer
21review committee that shall rank applications in accordance
22with the standards and assurances set forth in Section 725 of
23the federal Act and criteria jointly established by the
24Director, or his or her designee, vocational rehabilitation
25administrator and the chairperson or designated individual.
26The peer review committee shall consider the ability of the

 

 

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1applicant to operate a center for independent living and shall
2recommend an applicant to receive a grant under this subsection
3based on the following:
4        (1) Evidence of the need for a center for independent
5    living, consistent with the State plan.
6        (2) Any past performance of the applicant in providing
7    services comparable to independent living services.
8        (3) The applicant's plan for complying with, or
9    demonstrated success in complying with, the standards and
10    assurances set forth in Section 725 of the federal Act.
11        (4) The quality of key personnel of the applicant and
12    the involvement of individuals with significant
13    disabilities by the applicant.
14        (5) The budgets and cost effectiveness of the
15    applicant.
16        (6) The evaluation plan of the applicant.
17        (7) The ability of the applicant to carry out the plan.
18    The Director, or his or her designee, vocational
19rehabilitation administrator shall award the grant on the basis
20of the recommendation of the peer review committee if the
21actions of the committee are consistent with federal and State
22law.
23    (f) Evaluation and review. The Director, or his or her
24designee, vocational rehabilitation administrator shall
25periodically review each center for independent living that
26receives funds from the Department under Title VII of the

 

 

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1federal Act, or moneys appropriated from the General Revenue
2Fund, to determine whether the center is in compliance with the
3standards and assurances set forth in Section 725 of the
4federal Act, other applicable State and federal laws, and the
5provisions of the grant contract. If the Director, or his or
6her designee, vocational rehabilitation administrator
7determines that any center receiving those federal or State
8funds is not in compliance with the standards and assurances
9set forth in Section 725, the Director, or his or her designee,
10vocational rehabilitation administrator shall immediately
11notify the center that it is out of compliance. The Director,
12or his or her designee, shall recommend to the Secretary, or
13his or her designee, that all funding to that center be
14terminated vocational rehabilitation administrator shall
15terminate all funds to that center 90 days after the date of
16notification or, in the case of a center that requests an
17appeal, the date of any final decision, unless the center
18submits a plan to achieve compliance within 90 days and that
19plan is approved by the Director, or his or her designee,
20vocational rehabilitation administrator or (if on appeal) by
21the Secretary, or his or her designee Commissioner.
22(Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99; 92-16,
23eff. 6-28-01.)
 
24    (20 ILCS 2405/13a)  (from Ch. 23, par. 3444a)
25    Sec. 13a. (a) The Department shall be responsible for

 

 

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1coordinating the establishment of local Transition Planning
2Committees. Members of the committees shall consist of
3representatives from special education; vocational and regular
4education; post-secondary education; parents of youth with
5disabilities; persons with disabilities; local business or
6industry; the Department of Human Services; public and private
7adult service providers; case coordination; and other
8consumer, school, and adult services as appropriate. The
9Committee shall elect a chair and shall meet at least
10quarterly. Each Transition Planning Committee shall:
11        (1) identify current transition services, programs,
12    and funding sources provided within the community for
13    secondary and post-secondary aged youth with disabilities
14    and their families as well as the development of strategies
15    to address unmet needs;
16        (2) facilitate the development of transition
17    interagency teams to address present and future transition
18    needs of individual students on their individual education
19    plans;
20        (3) develop a mission statement that emphasizes the
21    goals of integration and participation in all aspects of
22    community life for persons with disabilities;
23        (4) provide for the exchange of information such as
24    appropriate data, effectiveness studies, special projects,
25    exemplary programs, and creative funding of programs;
26        (5) develop consumer in-service and awareness training

 

 

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1    programs in the local community; and
2        (6) assist in staff training for individual transition
3    planning and student transition needs assessment.
4    (b) Each Transition Planning Committee shall select a chair
5from among its members who shall serve for a term of one year.
6Each committee shall meet at least quarterly, or at such other
7times at the call of the chair.
8    (c) (Blank). Each Transition Planning Committee shall
9annually prepare and submit to the Interagency Coordinating
10Council a report which assesses the level of currently
11available services in the community as well as the level of
12unmet needs of secondary students with disabilities, makes
13recommendations to address unmet needs, and summarizes the
14steps taken to address unmet needs based on the recommendations
15made in previous reports.
16    (d) The name and affiliation of each local Transition
17Planning Committee member and the annual report required under
18subsection (c) of this Section shall be filed with the
19administrative office of each school district served by the
20local Transition Planning Committee, be made available to the
21public upon request, and be sent to each member of the General
22Assembly whose district encompasses the area served by the
23Transition Planning Committee.
24(Source: P.A. 92-452, eff. 8-21-01.)
 
25    (20 ILCS 2405/12 rep.)

 

 

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1    Section 10. The Rehabilitation of Persons with
2Disabilities Act is amended by repealing Section 12.
 
3    (20 ILCS 2407/Art. 4 rep.)
4    Section 15. The Disabilities Services Act of 2003 is
5amended by repealing Article 4.".