Section 2960.105  Disclosure of Information for Use in Employment, Training and Educational Programs Administered by State and Local Governmental Social Welfare Agencies

a)         For the purpose of implementing and administering employment, training, educational and social welfare programs, any agency of this State, as defined by Section 1-20 of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100] or any other state, any local government of this State, as defined by Section 3(a) of the State Mandates Act [30 ILCS 805], or any agency of the federal government, as defined by sections 551(1) and 552(f) of the federal Administrative Procedures Act (5 USC 551(1) and 552(f)) that trains, educates, grants funds for training or education, engages in research for educational or training purposes, places in employment, provides public assistance payments, provides social welfare services, or any other related service of the State shall be deemed to be a public agency of this or any other State or the federal government dealing with the administration of relief, public assistance, a system of public employment offices, as provided in Section 1900 of the Act.

b)         Pursuant to Section 1900 of the Act, the IDES Director shall provide those agencies and local entities, information from the files of the Department as the Director deems proper, based upon the written request (i.e., intended use and legal basis for that use, format or forms of data, and schedule for delivery of data) of the agency or entity, to provide outreach and recruitment, assist in intake, determine eligibility, monitor program outcome or evaluate the success of the various services delivered by their employment, training, educational or social welfare programs.

1)         EXAMPLE:  A State agency administers the federal employment and training funds received by Illinois under the federal Workforce Innovation and Opportunity Act .  These funds are subgranted to local workforce development areas that recruit, assess, train and place disadvantaged individuals in unsubsidized jobs.  In order to assist in performing these functions, the Director, upon written request, will provide the State agency with identifying information about individuals who qualify for the services that it and its subgrantees can provide.  The State agency can provide this information to its subgrantees subject to the execution of shared data agreements with the Department.

2)         EXAMPLE:  Public educational institutions and public training institutions might be in need of accurate data to help them determine the relative success of their educational and training programs.  Upon written request, the IDES Director shall provide to these institutions  data that are available to determine increases or decreases in individual wages, duration of employment, if and when the individual filed for unemployment insurance, or other educational or training related factors.

3)         EXAMPLE:  A State economic development agency seeks to attract new manufacturers to this State.  This agency requests current information on the number, size and type of major potential suppliers and subcontractors in a given geographical area.  Upon written request, the IDESDirector will provide the data to the agency.

4)         EXAMPLE:  The Illinois Department of Human Services- Division of Rehabilitation Services (DORS) is attempting to contact specific groups of potential employers for their newly trained clients.  Upon written request, the IDES Director can provide DORS with a mailing list of companies that are experiencing growth or whose records indicate other factors that might lead to the hiring of the DORS clients.  A similar outreach effort could be made on behalf of welfare recipients, ex-offenders, youth or the aging.

c)         General administrative data and labor market information, including but not limited to information concerning employment opportunities, levels and trends, labor supply and demand and related statistical data, shall be available to both private and public agencies and individuals.  Except as provided in subsections (a) and (b), this information shall not allow for the identification of a specific employing unit or individual.

d)         Unless statutorily excluded, the Director shall require payment of the costs incurred in providing the requested information if the Director incurs additional costs in processing the information that are greater than the cost of recovery and the Department does not receive some offsetting benefit (see example) from providing the data.

EXAMPLE:  A local government, upon written request, asks the Director to provide a mailing list of all unemployed individuals in its service area who might meet certain eligibility criteria for a training program it will sponsor.  Since those mailing lists are not regularly prepared by the Director, the Director may negotiate with the entity regarding the reimbursement of costs for preparing the list, or the Director may provide the list without charge if, for example, the local entity would agree to provide similar data and/or services in return.

(Source:  Amended at 43 Ill. Reg. 6583, effective May 14, 2019)