Section 515.100  State Rehabilitation Council

The State Rehabilitation Council (SRC) is established for the purpose of advising the Secretary of the Department of Human Services (DHS) and the vocational rehabilitation administrator (i.e., the Office of Rehabilitation Services (DHS-ORS) Associate Director) of the provisions of the federal Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990 in matters concerning individuals with disabilities and the provision of rehabilitation services [20 ILCS 5/5-550].

(Source:  Amended at 24 Ill. Reg. 6399, effective March 31, 2000)

Section 515.110  Powers and Duties

Powers and duties of the SRC in respect to the operation of DHS-ORS include:

a)         To consider and study the subject of rehabilitation as it relates to the programs and purpose of DHS;

b)         To recommend to the Associate Director of DHS-ORS, on its own initiative, policies and practices which shall be duly considered;

c)         To give advice or make recommendations to the Governor and the General Assembly when so requested or on its own initiative;

d)         To investigate the conduct of the work of DHS-ORS, and for this purpose to have access, at any time, to all books, papers, documents, and records pertaining or belonging to DHS-ORS, and to require written or oral information from any officer or employee of DHS-ORS;

e)         To adopt bylaws, not inconsistent with statute, for the internal management of the SRC, a copy of which is to be filed with the Associate Director of DHS-ORS;

f)         To act by a subcommittee, or by a majority of SRC, if the bylaws so prescribe;

g)         To keep minutes of each meeting which shall be filed with the Associate Director of DHS-ORS and available for public review;

h)         To give notice of the time and date of each meeting to the Governor, the Secretary and the vocational rehabilitation administrator to permit them to attend meetings and to be heard upon any matter coming before the SRC;

i)          To prepare and submit to the vocational rehabilitation administrator such reports and findings as he/she may request or as the Council deems fit and prepare and submit such reports and findings to the Governor and the Commissioner for the Rehabilitation Services Administration of the U.S. Department of Education;

j)          To select jointly with the vocational rehabilitation administrator a pool of qualified persons to serve as impartial hearing officers [20 ILCS 5/5-550];

k)         To the extent feasible, to conduct a review and analysis of the effectiveness of, and consumer satisfaction with:

1)         the functions performed by DHS-ORS and other public and private service providers; and

2)         VR services provided, or paid for, through DHS-ORS or any other source;

l)          To coordinate the activity of the SRC with the Independent Living Council (see 89 Ill. Adm. Code 515:  Subpart D) and other advisory councils of DHS-ORS and the State Advisory Council on Education of the Handicapped, the Illinois Planning Council on Developmental Disabilities, the Planning Council on Mental Health, and other appropriate entities;

m)        To provide for coordination and establishment of working relationships between DHS-ORS and the Statewide Independent Living Council and centers for independent living throughout Illinois;

n)         To review the State Plans to be submitted to the Commissioner of the Rehabilitation Services Administration of the U.S. Department of Education;

o)         To develop, in tandem with DHS-ORS, written policies and procedures to enable each customer to make informed choices regarding his/her rehabilitation program;

p)         To review and comment on plans, policies, and procedures relating to recruitment, preparation, and retention of qualified staff, personnel standards, and staff development.  This is not to be construed to mean that SRC shall have input into individual personnel transactions regarding DHS-ORS staff (e.g., hirings, promotions, disciplinary action taken against an employee); and

q)         To review, with the vocational rehabilitation unit of the Department, jointly develop, agree to, and review annually State goals and priorities and jointly submit annual reports of progress to the federal Commissioner of Rehabilitation Services Administration. [20 ILCS 5/5-550]

(Source:  Amended at 24 Ill. Reg. 6399, effective March 31, 2000)

Section 515.120  Composition

a)         The SRC shall consist of 25 members appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities.

1)         The Governor shall appoint to this Council, or the Council, if the Governor delegates that power to the Council by executive order, shall appoint the following:

A)        One representative of a parent training center established in accordance with the federal individuals with disabilities education act.

B)        One representative of the Client Assistance Program (CAP) or other individual recommended by CAP.

C)        One vocational rehabilitation counselor who has knowledge of and experience with vocational rehabilitation programs (if an employee of the Department is appointed, that appointee shall serve as an ex officio, non-voting member).

D)        One representative of community rehabilitation program service providers.

E)        Four representatives of business, industry, and labor.

F)         Eight representatives of disability advocacy groups representing a cross section of the following:

i)          individuals with physical, cognitive, sensory, and mental disabilities; and

ii)         parents, family members, guardians, advocates, or authorized representatives of individuals with disabilities who have difficulty in representing themselves or who are unable, due to their disabilities, to represent themselves.

G)        One current or former applicant for, or recipient of, vocational rehabilitation services.

H)        Three representatives from secondary or higher education.

I)         One representative of the State Workforce Investment Board.

J)         One representative of the Illinois State Board of Education who is knowledgeable about the Individuals with Disabilities Education Act.

2)         In addition, the chairperson of, or a member designated by, the Statewide Independent Living Council created under Section 12a of the Disabled Persons Rehabilitation Act, the chairperson of the Blind Services Planning Council created under the Bureau for the Blind Act, and the Vocational Rehabilitation Administrator shall serve as ex officio members. The vocational rehabilitation administrator shall have no vote.

b)         The Council shall select, from its voting membership, a chairperson.

c)         The chairperson and at least 12 other members of the Council shall have a recognized disability.

d)         One member shall be a senior citizen age 60 or over.

e)         A majority of the Council members shall not be employees of DHS [20 ILCS 5/5-550].

(Source:  Amended at 24 Ill. Reg. 6399, effective March 31, 2000)

Section 515.130  Meetings

a)         The SRC shall meet at least 4 times per year at times and places designated by the chairperson upon 10 days written notice to the members.  A schedule of these meetings shall be developed so that public notice of the dates, times, and locations of the regularly scheduled meetings will be posted at the beginning of the calendar year at appropriate DHS administrative offices.  Copies of the public notice will also be provided to news media upon written or oral request.

b)         Special meetings may be called by the chairperson or 7 members of the Council upon 7 days written notice to the other members.  Public notice of the date, time, location and agenda of any special meeting will be posted at appropriate DHS administrative offices at least 24 hours in advance of the meeting and in accordance with Sections 2.02 and 2.03 of the Open Meetings Act [5 ILCS 120/2.02 and 2.03].

c)         Nine members shall constitute a quorum. [20 ILCS 5/5-550]

d)         Meetings shall be open to the public, except that meetings or portions of meetings may, upon a majority vote of a quorum present, be declared closed, in accordance with Sections 2 and 2a of the Open Meetings Act [5 ILCS 120/2 and 2a].

e)         The proceedings of meetings may be recorded in accordance with Section 2.05 of the Open Meetings Act [5 ILCS 120/2.05], which allows any person to record a meeting required to be open unless a witness testifying before the Council refuses to testify on the basis that his or her testimony will be broadcast or televised or that motion pictures will be taken during testimony. If such refusal occurs, recording shall be prohibited.

(Source:  Amended at 24 Ill. Reg. 6399, effective March 31, 2000)

Section 515.140  Terms of Membership

a)         All members shall be appointed for staggered terms of 3 years.

b)         Vacancies shall be filled for the unexpired term.  Members shall serve until their successors are appointed and qualified.

c)         No member, except for the representative of the Client Assistance Program, shall serve for more than 2 full terms. [20 ILCS 5/5-550]

(Source:  Amended at 24 Ill. Reg. 6399, effective March 31, 2000)

Section 515.150  General Provisions

a)         Members shall be reimbursed for their actual expenses incurred in the performance of their duties as members of SRC, including expenses for travel, child care, and personal assistance services, and a member who is not employed or who must forfeit wages from other employment shall be paid reasonable compensation for each day the member is engaged in performing the duties of the Council.  For the purpose of payment, "reasonable compensation" shall be $100 per day, but in no case shall the amount exceed income lost by the SRC member who must forfeit wages as a result of his/her participation.

b)         No member of SRC shall cast a vote on any matter that would provide direct financial benefit to the member  or his/her immediate family (spouse, child, parent or other relative living in his/her household), or otherwise give the appearance of a conflict of interest under Illinois law.

c)         To the extent there is a disagreement between SRC and the unit within the Department of Human Services responsible for the administration of the vocational rehabilitation program regarding the resources necessary to carry out the functions of SRC as set forth in Sections 6.23 and 8 of the Civil Administrative Code of Illinois [20 ILCS 5/5-505 and 5-550], the disagreement shall be resolved by the Governor [20 ILCS 5/5-550].

(Source:  Amended at 24 Ill. Reg. 6399, effective March 31, 2000)

Section 515.200  Consumer Advisory Councils (Repealed)

(Source:  Repealed at 31 Ill. Reg. 5819, effective March 28, 2007)

Section 515.300  Facility Advisory Councils (Repealed)

(Source:  Repealed at 31 Ill. Reg. 5819, effective March 28, 2007)

Section 515.400  Statewide Independent Living Council

The Governor shall appoint a Statewide Independent Living Council, comprised of 18 members, which shall be established as an entity separate and distinct from the Department [20 ILCS 2405/12a(d)].

(Source:  Amended at 23 Ill. Reg. 3957, effective March 19, 1999)

Section 515.410  Composition

a)         The composition of the Council shall include the following:

1)         At least one Director of a center for independent living chosen by the directors of centers for independent living within the State;

2)         A representative from the Department of Human Services – Office of Rehabilitation Services and a representative from another unit in the Department of Human Services that provides services for individuals with disabilities; a representative each from the Department on Aging, the State Board of Education, and the Department of Children and Family Service, and all as ex-officio, non-voting members who shall not be counted in the 18 members appointed by the Governor; and

3)         In addition, the Council may include the following:

A)        One or more representatives of centers for independent living;

B)        One or more parents or guardians of individuals with disabilities;

C)        One or more advocates for individuals with disabilities;

D)        One or more representatives of private business;

E)        One or more representatives of organizations that provide services for individuals with disabilities; and

F)        Other appropriate individuals.

b)         The Council shall elect a chairperson from among its voting membership.  [20 ILCS 2405/12a(d)]

(Source:  Amended at 24 Ill. Reg. 6399, effective March 31, 2000)

Section 515.420  Meetings

a)         Meetings shall be open to the public, except that meetings or portions of meetings may, upon a majority vote of a quorum present, be declared closed, in accordance with Sections 2 and 2a of the Open Meetings Act [5 ILCS 120/2 and 2a].

b)         The proceedings of meetings may be recorded in accordance with Section 2.05 of the Open Meetings Act [5 ILCS 120/2.05], which allows any person to record a meeting required to be open unless a witness testifying before the Council refuses to testify on the basis that his or her testimony will be broadcast or televised or that motion pictures will be taken during testimony. If such refusal occurs, recording shall be prohibited.

c)         A schedule of all meetings shall be developed so that public notice of the dates, times and locations of the regularly scheduled meetings will be posted at the beginning of the calendar year at appropriate DHS administrative offices.  Copies of the public notice will also be provided to news media upon written or oral request.

d)         Public notice of the date, time, location and agenda of each special meeting shall be posted at appropriate DHS administrative offices at least 24 hours in advance of the meeting and in accordance with Sections 2.02 and 2.03 of the Open Meetings Act [5 ILCS 120/2.02 and 2.03].

e)         All meetings of the Council shall be physically and communicatively accessible to all persons with disabilities.

(Source:  Amended at 23 Ill. Reg. 3957, effective March 19, 1999)

Section 515.430  Membership Terms

a)         After soliciting recommendations from organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities the Governor shall appoint members of the council for terms beginning July 1, 1993.  The council shall be composed of members: who provide statewide representation; who represent a broad range of individuals with disabilities from diverse backgrounds; who are knowledgeable about centers for independent living and independent living services; and a majority of whom are persons who are individuals with disabilities who are not employed by any State agency or center for independent living.

b)         Each member of the council shall serve for terms of 3 years, except that: a member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor was appointed shall be appointed for the remainder of that term; and terms of the members initially appointed after the effective date of PA 88-10 [20 ILCS 2405/12a] shall be as follows:  6 of the initial members shall be appointed for terms of one year, 6 shall be appointed for terms of 2 years, and 6 shall be appointed for terms of  3 years.  No members of the council may serve more than 2 consecutive full terms.

c)         Appointments to fill vacancies in unexpired terms and new terms shall be made by the Governor or by the Council if the Governor delegates that power to the Council by executive order.  The vacancy shall not affect the power of the remaining members to execute the powers and duties of the Council [20 ILCS 2405/12a].

(Source:  Amended at 24 Ill. Reg. 6399, effective March 31, 2000)

Section 515.440  Powers and Duties

The Council shall have the following duties:

a)         jointly with DHS-ORS, develop and submit to the Commissioner of the Rehabilitation Services Administration of the U.S. Department of Education (Commissioner) the Independent Living Plan for the State of Illinois;

b)         monitor, review, and evaluate the implementation of the State Plan for Independent Living;

c)         coordinate activities with the State Rehabilitation Advisory Council;

d)         submit to the Commissioner such periodic reports as he/she may reasonably request, and keep such records, and afford such access to such records, as the Commissioner finds necessary to verify such reports;

e)         hold hearings and forums as it deems necessary to carry out the duties of the Council;

f)         prepare, in conjunction with DHS-ORS, a plan for the provision of resources, including staff and personnel, necessary to carry out the functions of the Council;

g)         have necessary exclusive staff to assist the Council in carrying out its duties and supervise and evaluate that staff; and

h)         appoint jointly, with the Vocational Rehabilitation Administrator, a peer review committee to consider and make recommendations for grants to eligible centers for independent living [20 ILCS 2405/12a(d)].

(Source:  Amended at 23 Ill. Reg. 3957, effective March 19, 1999)

Section 515.450  General Provisions

a)         Members shall be reimbursed for their actual expenses incurred in the performance of their duties, including expenses for travel in accordance with State Travel Regulations (80 Ill. Adm. Code 2800) from monies made available under Part B of Title VII of the Federal Rehabilitation Act of 1973, as amended, child care, and personal assistance services. A member who is not employed or who must forfeit wages from other employment shall be paid reasonable compensation for each day the member is engaged in performing the duties of the council [20 ILCS 2405/12a]. For the purpose of payment, "reasonable compensation" shall be $100.00 per day, but in no case shall the amount exceed the income lost by the Statewide Independent Living Council member who must forfeit wages as a result of his/her participation.

b)         Vote abstentions

1)         Council members shall abstain from any financial vote if the matter concerns a program where the council member is involved.

2)         Council members shall abstain from voting on any matters they feel to be a conflict of interest.

(Source:  Added at 17 Ill. Reg. 20278, effective November 15, 1993)

Section 515.500  Blind Services Planning Council

a)         The Blind Services Planning Council (BSPC) shall review the actions of the Bureau of Blind Services and provide advice and consultation to the DHS-ORS Associate Director on services to persons who are blind (Section 7 of the Bureau for the Blind Act [20 ILCS 2410/7]).

b)         The BSPC shall be composed of 11 members appointed by the Governor.

1)         No fewer than 6 members shall be blind.

2)         A relative balance between the number of males and females shall be maintained.

3)         Two members shall be sought from each of the major statewide consumer organizations of the blind.

4)         One member shall be from a specific service area (e.g., Chicago Lighthouse employee, Vending Facility operator, employers of blind individuals).

5)         A DHS-ORS employee cannot be a member.

6)         Fifty-one percent of the current membership of BSPC shall constitute a quorum.

c)         Members shall be reimbursed for actual, necessary and reasonable expenses (e.g., travel for meetings in accordance with State travel regulations (80 Ill. Adm. Code 2800), postage or telephone bills for BSPC business) incurred in the performance of their duties.

d)         Members shall be removed for cause including demonstrated incompetence, unethical behavior and unwillingness or inability to serve.

e)         Terms of Membership

1)         Members serving on the BSPC on the effective date of this Subpart shall continue to serve until their terms expire. New members appointed shall serve terms as set out in subsection (e)(2) of this Section.

2)         Initially four members shall serve for one year; four members shall serve for two years; and three members shall serve for three years. All subsequent terms shall be for three years.

3)         No member shall serve more than 2 consecutive terms.

4)         The membership year for the BSPC shall be the same as the calendar year.

f)         DHS-ORS shall provide support services (meeting space, clerical service, record storage, supplies, postage) as requested by BSPC, and access to reports, records and information unless prohibited by 89 Ill. Adm. Code 505.

g)         DHS-ORS shall ensure the BSPC has the opportunity to review the Bureau of Blind Services' budget prior to its submission to the Bureau of the Budget and any major policy or program change (e.g., changes that have impact on service delivery and staffing patterns) prior to its implementation.

h)         Meetings

1)         The BSPC shall meet at least four times per year at times and places designated by the Chair. The dates and locations of the meetings shall be published and posted at the DHS-ORS administrative offices at 623 East Adams, Springfield and 100 West Randolph, Chicago in advance of the meeting in accordance with Sections 2.02 and 2.03 of the Open Meetings Act.

2)         The last regular meeting of the year shall be the annual meeting, conducted in the same way as any regular meeting except that officers shall be elected and any other items of business that the bylaws prescribe for the annual meeting shall be transacted. New officers assume their duties at the conclusion of the meeting at which they are elected.

3)         Special meetings shall be called by the Chair or at the written request of any five members of the BSPC, provided a written notice stating the purpose of such meeting is given to members at least ten days prior to the meeting.

4)         Notice, agenda and minutes for all meetings shall be sent to each member of the BSPC at least 15 days prior to the date of the meeting.

5)         Meetings shall be open to the public, except that meetings or portions of meetings shall, upon a majority vote of a quorom present, be declared closed in accordance with Sections 2 and 2a of the Open Meetings Act.

6)         Any meeting of the BSPC shall be cancelled with approval of a majority of the voting BSPC members.

7)         All meetings shall be physically and communicatively accessible to all persons with disabilities.

i)          Documents of the BSPC shall be maintained at DHS-ORS administrative offices at 623 East Adams in Springfield for public inspection. DHS-ORS shall provide copies of the documents upon request in accordance with the Freedom of Information Act [5 ILCS 140] and Access to Public Records (2 Ill. Adm. Code 1176).

j)          Functions of the BSPC shall include, but not be limited to:

1)         facilitating communication and cooperative efforts with blind consumer groups and blind citizens of Illinois;

2)         facilitating communication and cooperative efforts between DHS-ORS and all agencies or other service providers which deliver services to blind and visually impaired persons;

3)         identifying needs of and problems related to blind and visually impaired persons and making recommendations to the Associate Director and Bureau of Blind Services Deputy Director of DHS-ORS, and to the Governor;

4)         recommending programmatic and fiscal priorities for the provision of services and awarding of grants or contracts by DHS-ORS;

5)         conducting, encouraging, and advising independent research by qualified evaluators to improve services to blind and visually impaired persons;

6)         participating in the development and review of proposed DHS-ORS rules and regulations relating to services for blind and visually impaired persons;

7)         reviewing and commenting on budgets relating to services for blind and visually impaired persons;

8)         promoting policies and programs to educate the public and eliciting public support for services to blind and visually impaired person;

9)         encouraging creative and innovative programs to strengthen, expand and improve services for blind and visually impaired person; and

10)       participating in the development of a state plan for blind services and any revision or update in accordance with Rehabilitation Act of 1973 as amended.

(Source:  Amended at 20 Ill. Reg. 10162, effective July 16, 1996)

Section 515.600  Advisory Council on Spinal Cord and Head Injuries

The Advisory Council on Spinal Cord and Head Injuries is hereby established, and is to be maintained by DHS-ORS, for the purpose of making recommendations to the governor for developing and administering a State plan to provide services for spinal cord and head injured persons. [410 ILCS 515/6f]

(Source:  Added at 18 Ill. Reg. 11623, effective July 7, 1994)

Section 515.610  Powers and Duties

The Council shall:

a)         promote meetings and programs for the discussion of reducing the debilitating effects of spinal cord and head injuries and disseminate information in cooperation with any other department, agency or entity on the prevention, evaluation, care, treatment, and rehabilitation of persons affected by spinal cord and head injuries;

b)         study and review current prevention, evaluation, care, treatment and rehabilitation technologies and recommend appropriate preparation, training, retraining and distribution of manpower and resources in the provision of services to spinal cord and head injured persons through private and public residential facilities, day programs, and other specialized services;

c)         recommend specific methods, means and procedures which should be adopted and upgrade the State's service delivery system for spinal cord and head injured citizens of this State;

d)         participate in developing and disseminating criteria and standards which may be required for future funding and licensing of facilities, day programs and other specialized services for spinal cord and head injured persons in this State;

e)         report annually to the Governor and the General Assembly on its activities, on the results of its studies and the recommendations of the Council; and

f)         be the advisory board for purposes of federal programs regarding traumatic brain injury. [410 ILCS 515/6(h)]

(Source:  Amended at 23 Ill. Reg. 3957, effective March 19, 1999)

Section 515.620  Composition

The Council shall consist of 29 members appointed by the Governor with advice and consent of the Senate.  The members appointed by the Governor shall include:

a)         two neurosurgeons;

b)         two orthopedic surgeons;

c)         two rehabilitation specialists, one of whom shall be a registered nurse;

d)         four persons with head injuries or family members of persons with head injuries;

e)         four persons with spinal cord injuries or family members of persons with spinal cord injuries;

f)         a representative of an Illinois college or university;

g)         a representative from health institutions or private industry; and

h)         one individual from each of the following entities, as ex-officio members to the Council who are not subject to the limit of 2 consecutive 3 year terms:

1)         DHS-ORS;

2)         another unit within DHS that provides services to individuals with disabilities;

3)         the State Board of Education;

4)         the Department of Public Health;

5)         the Department of Insurance;

6)         the Department of Public Aid;

7)         the Division of Specialized Care for Children of the University of Illinois;

8)         the Statewide Independent Living Council; and

9)         the State Rehabilitation Advisory Council. [410 ILCS 515/6(a)]

(Source:  Amended at 23 Ill. Reg. 3957, effective March 19, 1999)

Section 515.630  Meetings

a)         Meetings shall be held at least every 90 days or at the call of the council chairman, who shall be elected by the council [410 ILCS 515/6c].

b)         Each member shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of his or her official duties [410 ILCS 515/6d] as set forth in the Governor's Travel Control Board Regulations at 80 Ill. Adm. Code 3000.

(Source:  Added at 18 Ill. Reg. 11623, effective July 7, 1994)

Section 515.640  Membership Terms

a)         Members shall serve 3-year terms and until their successors are appointed by the Governor with the advice and consent of the Senate. [410 ILCS 515/6(a)].

c)         Except ex-officio members, no member shall serve more than 6 consecutive years on the Council.

(Source:  Amended at 23 Ill. Reg. 3957, effective March 19, 1999)

Section 515.650  General Provisions

a)         No member of the Council may participate in or seek to influence a decision or vote of the Council if the member would be directly involved with the matter or if he or she would derive income from it.  A violation of this prohibition shall be grounds for a person to be removed as a member of the Council by the Governor. [410 ILCS 515/6g]

b)         The Council shall adopt written procedures to govern its activities.  Consultants shall be provided for the Council from appropriations made for such purpose. [410 ILCS 515/6e]

c)         The Council shall make recommendations to the Governor for developing and administering a State plan to provide services for spinal cord and head injured persons. [410 ILCS 515/6f]

d)         From funds appropriated for such purpose, the Department of Human Services - Office of Rehabilitation Services shall provide to the Council the necessary staff and expense funds to carry out the duties and responsibilities assigned by the Council. Such staff shall consist of a director and other support staff. [410 ILCS 515/6b]  The Department may meet this obligation by providing a liaison to the Council and such other support staff as the Department determines is required.

(Source:  Added at 18 Ill. Reg. 11623, effective July 7, 1994)