House Sponsors: BROSNAHAN-RYAN-MCKEON-FEIGENHOLTZ-ERWIN, YARBROUGH, BLACK AND LANG. Senate Sponsors: RADOGNO-SILVERSTEIN Short description: DEVELOPMNTL DISABILITIES SRVCS Synopsis of Bill as introduced: Creates the Developmental Disabilities Services Act of 2001. Requires the Governor, with the assistance of the Secretary of Human Services, to appoint an advisory committee to develop a Developmental Disabilities Services Implementation Plan that will ensure compliance by the State with the federal Americans with Disabilities Act and the U.S. Supreme Court decision in Olmstead v. L.C. Specifies items that must be included in the implementation plan and specifies services that may be provided under the implementation plan. Repeals the Developmental Disabilities Services Law of the Developmental Disability and Mental Disability Services Act. Effective immediately. HOUSE AMENDMENT NO. 1. Deletes everything. Reinserts the provisions of the bill with several changes. Deletes reference to "developmental". Provides that a "disability" is as defined in the Americans with Disabilities Act. Provides that services shall be provided under the Act to the extent appropriations are made available by the General Assembly for the programs and services indicated in the implementation plan. Effective immediately. HOUSE AMENDMENT NO. 2. (Tabled April 4, 2001) Replaces the definition of "disability" and adds definitions of types of disabilities. Changes references to "case coordination services" to "service coordination". Provides that family members and other representatives of the person with a disability must be allowed, encouraged, and supported to participate in planning and decision-making regarding the person's individual service plan, if the person with a disability consents to that participation. Deletes age as a factor, and makes other changes concerning nondiscriminatory access to services. Specifies certain items that must be included in the Department of Human Services' implementation plan with respect to comprehensive evaluations. Changes the date for the Governor's initial report to the General Assembly from October 1, 2001 to July 1, 2002, and requires subsequent plan updates and reports by July 1 (instead of March 1) of each year. Provides that initial implementation of the plan is required by July 1, 2003, and that the requirement of annual updates and reports expires in 2007, unless otherwise extended by the General Assembly. Makes other changes. HOUSE AMENDMENT NO. 3. Makes changes substantially similar to those made by H-am 2, except: (1) provides that a residential placement must be offered in the most integrated setting appropriate, instead of in the least restrictive setting possible; (2) provides that a person with a disability has the right to a transition plan developed and ready for implementation by no later than the school year in which the person reaches age 14, consistent with the requirements of the federal Individuals with Disabilities Education Act and Article XIV of the School Code (instead of developed and ready for implementation before the person's exit from school); (3) requires that vocational training lead to employment and reemployment in the most integrated setting appropriate to the individual (instead of simply lead to employment and reemployment); (4) requires that a due process hearing be before an impartial hearing officer (instead of simply before a hearing officer); (5) provides for an award of "prevailing" (instead of "reasonable") attorney's fees to a successful plaintiff in a formal administrative or judicial action; and (6) provides that the Governor's initial report to the General Assembly must include a report of related program and service improvements or expansions implemented since the effective date of the Developmental Disabilities Services Act of 2001. Last action on Bill: SESSION SINE DIE Last action date: JAN-07-2003 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status