Section 300.10  Purpose

a)         This Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990, 42 USC 12101 et seq., and specifically 28 CFR 35.107, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities concerning programs, services or activities provided by DHS.  This procedure also is established to resolve grievances pursuant to Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794) and federal rules. Should any individual desire to review the ADA or Section 504 or the regulations to understand the rights, privileges and remedies afforded by it, the ADA/504 Coordinator shall provide such information.

b)         In general, the ADA requires that each program, service and activity offered by the Illinois Department of Human Services (DHS), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.  Specifically, Title II of the ADA states that no otherwise qualified disabled individual shall solely by reason of such disability be excluded from participation in the benefits of or subjected to discrimination in programs, services, or activities sponsored by the Department.

c)         Section 504 requires that no otherwise qualified person with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity that receives or benefits from federal financial assistance.  Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the federal government provides or otherwise makes available assistance in the form of funds, services, or federal personnel or real or personal property.

d)         It is the intention of DHS to foster open communication with all individuals requesting readily accessible programs, services and activities. DHS encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

(Source:  Amended at 24 Ill. Reg. 7494, effective May 6, 2000)