|
| | HB5354 Enrolled | | LRB103 37230 SPS 67349 b |
|
|
1 | | AN ACT concerning employment. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Customized Employment for Individuals with |
5 | | Disabilities Act is amended by changing Sections 10, 15, 20, |
6 | | 25, 30, 35, and 40 and by adding Section 6 as follows: |
7 | | (820 ILCS 97/6 new) |
8 | | Sec. 6. Definition. As used in this Act, "customized |
9 | | employment" means competitive integrated employment for an |
10 | | individual with a significant disability that is based on an |
11 | | individualized determination of the strengths, needs, and |
12 | | interests of the individual with a significant disability, |
13 | | designed to meet the specific abilities of the individual with |
14 | | a significant disability and the business needs of the |
15 | | employer, establishes a relationship between the employer and |
16 | | the employee that is negotiated to meet the needs of both |
17 | | parties, and is based on an exchange of specific contributions |
18 | | by the employee for pay by the employer that is at or above the |
19 | | applicable minimum wage. |
20 | | (820 ILCS 97/10) |
21 | | Sec. 10. Customized Employment Demonstration Pilot |
22 | | Program. The Department of Human Services, through its |
|
| | HB5354 Enrolled | - 2 - | LRB103 37230 SPS 67349 b |
|
|
1 | | Division of Rehabilitation Services and in collaboration with |
2 | | the Division of Developmental Disabilities, shall establish a |
3 | | 5-year Customized Employment Demonstration Pilot Program that |
4 | | serves a minimum of 40 25 individuals by July 1, 2025, with a |
5 | | goal of serving at least 75 individuals by July 1, 2027 the |
6 | | second year of the Pilot Program . |
7 | | The Demonstration program shall comply with the document |
8 | | titled "The Essential Elements of Customized Employment for |
9 | | Universal Application", published June 2017 by the Workforce |
10 | | Innovation Technical Assistance Center and the Youth Technical |
11 | | Assistance Center under grants from the federal Department of |
12 | | Education. The Demonstration The Pilot Program shall include |
13 | | the following components for each participant : |
14 | | (1) "Phase One: Consultation and Initiation" means |
15 | | pre-discovery activities introducing the participant to |
16 | | customized employment activities, roles and |
17 | | responsibilities, and expected outcomes and introducing |
18 | | the customized employment provider to the participant and |
19 | | the participant's support team, including family, |
20 | | guardians, friends, colleagues, advocates, |
21 | | community-based service agencies, and others as determined |
22 | | by the participant or the participant's guardian. If the |
23 | | participant or participant's guardian chooses to proceed |
24 | | with the customized employment provider, the Division of |
25 | | Rehabilitation Services shall develop an Initial Discovery |
26 | | Action Plan An intensive discovery phase during which the |
|
| | HB5354 Enrolled | - 3 - | LRB103 37230 SPS 67349 b |
|
|
1 | | unique needs, abilities, and interests of the individual |
2 | | will be explored by the individual at his or her direction |
3 | | with assistance from family, friends, colleagues, |
4 | | advocates, community-based service agencies, and others as |
5 | | determined by the individual . |
6 | | (2) "Phase Two: Discovery" means a person-centered |
7 | | planning process that shall be used to determine the |
8 | | participant's interests, skills, preferences, and ideal |
9 | | employment conditions that shall guide the development of |
10 | | a customized job. The unique needs, abilities, and |
11 | | interests of the participant shall be explored by the |
12 | | participant at his or her direction or the direction of |
13 | | his or her guardian, with assistance from family, friends, |
14 | | colleagues, advocates, community-based service agencies, |
15 | | and others as determined by the participant or the |
16 | | participant's guardian. The exploration of the unique |
17 | | needs of the participant shall include the participant's |
18 | | assistive technology needs and the participant's need for |
19 | | work incentives benefits counseling. During this phase, a |
20 | | plan for completing the discovery process shall be |
21 | | developed that contains a timeline for completing the |
22 | | discovery process, assignment of who shall gather which |
23 | | piece of information, how the information shall be |
24 | | gathered, who shall receive the information, and who shall |
25 | | make up the core support team for the participant. The |
26 | | plan for completing the discovery service shall be shared |
|
| | HB5354 Enrolled | - 4 - | LRB103 37230 SPS 67349 b |
|
|
1 | | and discussed by the customized employment provider with |
2 | | the participant and the Division of Rehabilitation |
3 | | Services, and the service provider shall bill for this |
4 | | service. A Discovery Profile, containing all of the |
5 | | information learned from the discovery process, shall be |
6 | | shared and discussed by the provider with the participant, |
7 | | the participant's guardian, and Division of Rehabilitation |
8 | | Services, and the service provider shall bill for this |
9 | | service A customized person-centered planning process |
10 | | based upon information gathered during the discovery phase |
11 | | that involves capturing, organizing, and presenting the |
12 | | information in a blueprint for the job search . |
13 | | (3) "Phase Three: Customized Employment Planning" |
14 | | means an opportunity to use the information learned during |
15 | | the discovery process to develop a plan for competitive |
16 | | and integrated employment for the participant An employer |
17 | | negotiation process in which job duties and employee |
18 | | expectations are negotiated to align the skills and |
19 | | interests of the individual with the needs of an employer. |
20 | | The negotiation process may result in agreement on options |
21 | | such as (i) carving out a job for the individual, (ii) |
22 | | creating a new job description, (iii) creating a new job, |
23 | | (iv) job-sharing, and (v) agreeing on job supports, |
24 | | transportation needs, assistive technology, work hours, |
25 | | location, or supervision needs . |
26 | | (4) "Phase Four: Job Development and Negotiation" |
|
| | HB5354 Enrolled | - 5 - | LRB103 37230 SPS 67349 b |
|
|
1 | | means a process of working collaboratively with the |
2 | | participant, the participant's guardian, and the |
3 | | customized employment employer to negotiate a customized |
4 | | job, including, terms of employment, conditions necessary |
5 | | for success, and the specific unmet needs of the employer |
6 | | that shall be fulfilled by the participant's contributions |
7 | | A flexible timeline for a comprehensive discovery, |
8 | | planning, and job placement process to accommodate the |
9 | | unique needs of the individual . |
10 | | (5) "Phase Five: Post-Employment Support and |
11 | | Monitoring" means support and monitoring from the |
12 | | customized employment service to ensure satisfactory |
13 | | results for both the participant and the employer. |
14 | | The Customized Employment Demonstration Pilot Program |
15 | | shall be based on implemented through an individualized plan |
16 | | for employment developed by the individual with a disability , |
17 | | the community based agency, the individual's support team, and |
18 | | the vocational rehabilitation counselor employed by the |
19 | | Division of Rehabilitation Services. The individual with a |
20 | | disability may choose to have a personal representative |
21 | | participate in the development of the individualized plan for |
22 | | employment. |
23 | | (Source: P.A. 101-368, eff. 1-1-20 .) |
24 | | (820 ILCS 97/15) |
25 | | Sec. 15. Selection of participants. Individuals shall be |
|
| | HB5354 Enrolled | - 6 - | LRB103 37230 SPS 67349 b |
|
|
1 | | identified and referred to the Department to participate in |
2 | | the Demonstration Pilot Program by community-based agencies |
3 | | serving persons with intellectual or developmental |
4 | | disabilities. A team of individuals identified during the |
5 | | discovery phase shall be created to work with the individual |
6 | | during the process. The team shall include at least one |
7 | | qualified staff person as described in Section 25. Selection |
8 | | preference shall be given to individuals who are currently |
9 | | working in a sheltered workshop setting for a subminimum wage |
10 | | and individuals for whom it is likely that their current |
11 | | employment options will be limited to working in a sheltered |
12 | | workshop for a subminimum wage. |
13 | | (Source: P.A. 101-368, eff. 1-1-20 .) |
14 | | (820 ILCS 97/20) |
15 | | Sec. 20. Diversity. Participants in the Demonstration |
16 | | Pilot Program shall reflect the geographical, racial, ethnic, |
17 | | gender, and income-level diversity of the State. |
18 | | (Source: P.A. 101-368, eff. 1-1-20 .) |
19 | | (820 ILCS 97/25) |
20 | | Sec. 25. Community-based agencies and staff |
21 | | qualifications. The Demonstration Pilot Program shall utilize |
22 | | a minimum of 4 Illinois non-profit community-based agencies |
23 | | that must: |
24 | | (1) assign at least one staff member who has received |
|
| | HB5354 Enrolled | - 7 - | LRB103 37230 SPS 67349 b |
|
|
1 | | a certificate of completion for training in community |
2 | | employment, with a specialization in customized |
3 | | employment, from a recognized and qualified training |
4 | | entity such as the Association of Community Rehabilitation |
5 | | Educators; and |
6 | | (2) have access to technical assistance on customized |
7 | | employment from a recognized and qualified training entity |
8 | | to work with each participant in the Demonstration Pilot |
9 | | Program. |
10 | | (Source: P.A. 101-368, eff. 1-1-20 .) |
11 | | (820 ILCS 97/30) |
12 | | Sec. 30. Data collection and reporting. The Department |
13 | | shall collect data regarding the successes and challenges of |
14 | | the Demonstration Pilot Program and shall submit an annual |
15 | | report to the Governor and the General Assembly on March 1st of |
16 | | each year beginning in 2026 2021 until the Demonstration Pilot |
17 | | Program terminates. The reports shall: (i) make a |
18 | | recommendation as to whether the Demonstration Pilot Program |
19 | | should be extended continue or become a statewide program; |
20 | | (ii) provide cost estimates, including the average per person |
21 | | costs; and (iii) recommend ways in which the Demonstration |
22 | | Pilot Program can be improved to better serve the needs of |
23 | | individuals with disabilities and employers. The data |
24 | | collected shall include, but not be limited to, for each |
25 | | individual served by the Demonstration Program: |
|
| | HB5354 Enrolled | - 8 - | LRB103 37230 SPS 67349 b |
|
|
1 | | (1) The number of individuals with an intellectual |
2 | | disability; |
3 | | (2) the number of individuals with a developmental |
4 | | disability; |
5 | | (3) the number of individuals residing in a community |
6 | | integrated living arrangement; |
7 | | (4) the number of individuals residing in an |
8 | | intermediate care facility for people with a developmental |
9 | | disability; |
10 | | (5) the number of individuals residing in their family |
11 | | home; |
12 | | (6) the number of individuals residing in a State |
13 | | operated developmental center; |
14 | | (7) the number of individuals residing in a community |
15 | | living facility; |
16 | | (8) the number of individuals who were working in a |
17 | | sheltered workshop earning subminimum wage; and |
18 | | |
| | (9) the average amount of time individuals in the |
19 | | Demonstration Program spend in each customized employed |
20 | | phase as described in Section 10. |
21 | | (Source: P.A. 101-368, eff. 1-1-20 .) |
22 | | (820 ILCS 97/35) |
23 | | Sec. 35. Advice and recommendations. In the creation, |
24 | | operation, and administration of the Demonstration Pilot |
25 | | Program, the Department shall seek the advice and |
|
| | HB5354 Enrolled | - 9 - | LRB103 37230 SPS 67349 b |
|
|
1 | | recommendations of the State Rehabilitation Council, Illinois |
2 | | Council on Developmental Disabilities, the Illinois Task Force |
3 | | on Employment and Economic Opportunity for Persons with |
4 | | Disabilities, statewide disability advocacy groups, and |
5 | | organizations representing large, medium, and small |
6 | | businesses. |
7 | | (Source: P.A. 101-368, eff. 1-1-20 .) |
8 | | (820 ILCS 97/40) |
9 | | Sec. 40. The Department may adopt administrative rules |
10 | | governing the Demonstration Pilot Program; however, the |
11 | | Demonstration Pilot Program shall not be delayed pending the |
12 | | adoption of rules. |
13 | | (Source: P.A. 101-368, eff. 1-1-20 .) |