Illinois General Assembly - Full Text of SB2387
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Full Text of SB2387  102nd General Assembly

SB2387 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2387

 

Introduced 2/26/2021, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Rehabilitation of Persons with Disabilities Act. Provides that the Department of Human Services shall prescribe and supervise such courses of vocational training and provide such other services as may be necessary for the vocational rehabilitation of persons with one or more disabilities. Requires the Department to cooperate with State and local school authorities and other recognized agencies engaged in vocational rehabilitation services; and to cooperate with the Illinois State Board of Education and other specified entities regarding the education (rather than care and education) of children with one or more disabilities. Requires the Department to submit an annual report to the Governor on the programs, activities, and funding dedicated to vocational rehabilitation, independent living, and other community services and supports. Requires the Statewide Independent Living Council (Council) to develop a State Plan for Independent Living. Removes a provision that gives the Council the authority to appoint jointly with the vocational rehabilitation administrator a peer review committee to consider and make recommendations for grants to eligible centers for independent living. Makes changes to provisions concerning grants awards to eligible centers for independent living; periodic reviews conducted on those centers for independent living; and other matters. Repeals provisions regarding community services for persons with visual disabilities at the Illinois Center for Rehabilitation and Education. Amends the Disabilities Services Act of 2003. Repeals provisions regarding the operation of a Rapid Reintegration Pilot Program by the Department of Human Services.


LRB102 12828 KTG 18170 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2387LRB102 12828 KTG 18170 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rehabilitation of Persons with Disabilities
5Act is amended by changing Sections 1b, 3, 5, 5a, 9, 12a, and
613a as follows:
 
7    (20 ILCS 2405/1b)  (from Ch. 23, par. 3432)
8    Sec. 1b. Definitions. As used in For the purpose of this
9Act: , the term
10    "Person person with one or more disabilities" means a any
11person who, by reason of a physical or mental impairment, is or
12may be expected to require assistance to achieve be totally or
13partially incapacitated for independent living or competitive
14integrated employment.
15    "Vocational rehabilitation" gainful employment; the term
16"rehabilitation" or "habilitation" means those vocational or
17other appropriate services that which increase the
18opportunities for competitive integrated employment.
19    "Independent living" independent functioning or gainful
20employment; the term "comprehensive rehabilitation" means
21those services necessary and appropriate to support community
22living and independence.
23    "Director" for increasing the potential for independent

 

 

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1living or gainful employment as applicable; the term
2"vocational rehabilitation administrator" means the head of
3the designated State unit within the Department responsible
4for administration of rehabilitation and independent living
5services provided for in this Act, including but not limited
6to the administration of the federal Rehabilitation Act of
71973, as amended by the Workforce Innovation and Opportunity
8Act. ; the term
9    "Department" means the Department of Human Services. ; and
10the term
11    "Secretary" means the Secretary of the Department of Human
12Services.
13(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
 
14    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
15    Sec. 3. Powers and duties. The Department shall have the
16powers and duties enumerated herein:
17        (a) To cooperate co-operate with the federal
18    government in the administration of the provisions of the
19    federal Rehabilitation Act of 1973, as amended by , of the
20    Workforce Innovation and Opportunity Act, and of the
21    federal Social Security Act to the extent and in the
22    manner provided in these Acts.
23        (b) To prescribe and supervise such courses of
24    vocational training and provide such other services as may
25    be necessary for the vocational habilitation and

 

 

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1    rehabilitation of persons with one or more disabilities,
2    including the administrative activities under subsection
3    (e) of this Section; , and to cooperate co-operate with
4    State and local school authorities and other recognized
5    agencies engaged in vocational habilitation,
6    rehabilitation and comprehensive rehabilitation services;
7    and to cooperate with the Department of Children and
8    Family Services, the Illinois State Board of Education,
9    and others regarding the care and education of children
10    with one or more disabilities.
11        (c) (Blank).
12        (d) To report in writing, to the Governor, annually on
13    or before the first day of December, and at such other
14    times and in such manner and upon such subjects as the
15    Governor may require. The annual report shall contain (1)
16    information on the programs and activities dedicated to
17    vocational rehabilitation, independent living, and other
18    community services and supports administered by the
19    Director; (2) information on the development of vocational
20    rehabilitation services, independent living services, and
21    supporting services administered by the Director in the
22    State; and (3) information detailing a statement of the
23    existing condition of comprehensive rehabilitation
24    services, habilitation and rehabilitation in the State;
25    (2) a statement of suggestions and recommendations with
26    reference to the development of comprehensive

 

 

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1    rehabilitation services, habilitation and rehabilitation
2    in the State; and (3) an itemized statement of the amounts
3    of money received from federal, State, and other sources,
4    and of the objects and purposes to which the respective
5    items of these several amounts have been devoted.
6        (e) (Blank).
7        (f) To establish a program of services to prevent the
8    unnecessary institutionalization of persons in need of
9    long term care and who meet the criteria for blindness or
10    disability as defined by the Social Security Act, thereby
11    enabling them to remain in their own homes. Such
12    preventive services include any or all of the following:
13            (1) personal assistant services;
14            (2) homemaker services;
15            (3) home-delivered meals;
16            (4) adult day care services;
17            (5) respite care;
18            (6) home modification or assistive equipment;
19            (7) home health services;
20            (8) electronic home response;
21            (9) brain injury behavioral/cognitive services;
22            (10) brain injury habilitation;
23            (11) brain injury pre-vocational services; or
24            (12) brain injury supported employment.
25        The Department shall establish eligibility standards
26    for such services taking into consideration the unique

 

 

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1    economic and social needs of the population for whom they
2    are to be provided. Such eligibility standards may be
3    based on the recipient's ability to pay for services;
4    provided, however, that any portion of a person's income
5    that is equal to or less than the "protected income" level
6    shall not be considered by the Department in determining
7    eligibility. The "protected income" level shall be
8    determined by the Department, shall never be less than the
9    federal poverty standard, and shall be adjusted each year
10    to reflect changes in the Consumer Price Index For All
11    Urban Consumers as determined by the United States
12    Department of Labor. The standards must provide that a
13    person may not have more than $10,000 in assets to be
14    eligible for the services, and the Department may increase
15    or decrease the asset limitation by rule. The Department
16    may not decrease the asset level below $10,000.
17        The services shall be provided, as established by the
18    Department by rule, to eligible persons to prevent
19    unnecessary or premature institutionalization, to the
20    extent that the cost of the services, together with the
21    other personal maintenance expenses of the persons, are
22    reasonably related to the standards established for care
23    in a group facility appropriate to their condition. These
24    non-institutional services, pilot projects or experimental
25    facilities may be provided as part of or in addition to
26    those authorized by federal law or those funded and

 

 

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1    administered by the Illinois Department on Aging. The
2    Department shall set rates and fees for services in a fair
3    and equitable manner. Services identical to those offered
4    by the Department on Aging shall be paid at the same rate.
5        Except as otherwise provided in this paragraph,
6    personal assistants shall be paid at a rate negotiated
7    between the State and an exclusive representative of
8    personal assistants under a collective bargaining
9    agreement. In no case shall the Department pay personal
10    assistants an hourly wage that is less than the federal
11    minimum wage. Within 30 days after July 6, 2017 (the
12    effective date of Public Act 100-23), the hourly wage paid
13    to personal assistants and individual maintenance home
14    health workers shall be increased by $0.48 per hour.
15        Solely for the purposes of coverage under the Illinois
16    Public Labor Relations Act, personal assistants providing
17    services under the Department's Home Services Program
18    shall be considered to be public employees and the State
19    of Illinois shall be considered to be their employer as of
20    July 16, 2003 (the effective date of Public Act 93-204),
21    but not before. Solely for the purposes of coverage under
22    the Illinois Public Labor Relations Act, home care and
23    home health workers who function as personal assistants
24    and individual maintenance home health workers and who
25    also provide services under the Department's Home Services
26    Program shall be considered to be public employees, no

 

 

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1    matter whether the State provides such services through
2    direct fee-for-service arrangements, with the assistance
3    of a managed care organization or other intermediary, or
4    otherwise, and the State of Illinois shall be considered
5    to be the employer of those persons as of January 29, 2013
6    (the effective date of Public Act 97-1158), but not before
7    except as otherwise provided under this subsection (f).
8    The State shall engage in collective bargaining with an
9    exclusive representative of home care and home health
10    workers who function as personal assistants and individual
11    maintenance home health workers working under the Home
12    Services Program concerning their terms and conditions of
13    employment that are within the State's control. Nothing in
14    this paragraph shall be understood to limit the right of
15    the persons receiving services defined in this Section to
16    hire and fire home care and home health workers who
17    function as personal assistants and individual maintenance
18    home health workers working under the Home Services
19    Program or to supervise them within the limitations set by
20    the Home Services Program. The State shall not be
21    considered to be the employer of home care and home health
22    workers who function as personal assistants and individual
23    maintenance home health workers working under the Home
24    Services Program for any purposes not specifically
25    provided in Public Act 93-204 or Public Act 97-1158,
26    including but not limited to, purposes of vicarious

 

 

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1    liability in tort and purposes of statutory retirement or
2    health insurance benefits. Home care and home health
3    workers who function as personal assistants and individual
4    maintenance home health workers and who also provide
5    services under the Department's Home Services Program
6    shall not be covered by the State Employees Group
7    Insurance Act of 1971.
8        The Department shall execute, relative to nursing home
9    prescreening, as authorized by Section 4.03 of the
10    Illinois Act on the Aging, written inter-agency agreements
11    with the Department on Aging and the Department of
12    Healthcare and Family Services, to effect the intake
13    procedures and eligibility criteria for those persons who
14    may need long term care. On and after July 1, 1996, all
15    nursing home prescreenings for individuals 18 through 59
16    years of age shall be conducted by the Department, or a
17    designee of the Department.
18        The Department is authorized to establish a system of
19    recipient cost-sharing for services provided under this
20    Section. The cost-sharing shall be based upon the
21    recipient's ability to pay for services, but in no case
22    shall the recipient's share exceed the actual cost of the
23    services provided. Protected income shall not be
24    considered by the Department in its determination of the
25    recipient's ability to pay a share of the cost of
26    services. The level of cost-sharing shall be adjusted each

 

 

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1    year to reflect changes in the "protected income" level.
2    The Department shall deduct from the recipient's share of
3    the cost of services any money expended by the recipient
4    for disability-related expenses.
5        To the extent permitted under the federal Social
6    Security Act, the Department, or the Department's
7    authorized representative, may recover the amount of
8    moneys expended for services provided to or in behalf of a
9    person under this Section by a claim against the person's
10    estate or against the estate of the person's surviving
11    spouse, but no recovery may be had until after the death of
12    the surviving spouse, if any, and then only at such time
13    when there is no surviving child who is under age 21 or
14    blind or who has a permanent and total disability. This
15    paragraph, however, shall not bar recovery, at the death
16    of the person, of moneys for services provided to the
17    person or in behalf of the person under this Section to
18    which the person was not entitled; provided that such
19    recovery shall not be enforced against any real estate
20    while it is occupied as a homestead by the surviving
21    spouse or other dependent, if no claims by other creditors
22    have been filed against the estate, or, if such claims
23    have been filed, they remain dormant for failure of
24    prosecution or failure of the claimant to compel
25    administration of the estate for the purpose of payment.
26    This paragraph shall not bar recovery from the estate of a

 

 

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1    spouse, under Sections 1915 and 1924 of the Social
2    Security Act and Section 5-4 of the Illinois Public Aid
3    Code, who precedes a person receiving services under this
4    Section in death. All moneys for services paid to or in
5    behalf of the person under this Section shall be claimed
6    for recovery from the deceased spouse's estate.
7    "Homestead", as used in this paragraph, means the dwelling
8    house and contiguous real estate occupied by a surviving
9    spouse or relative, as defined by the rules and
10    regulations of the Department of Healthcare and Family
11    Services, regardless of the value of the property.
12        The Department shall submit an annual report on
13    programs and services provided under this Section. The
14    report shall be filed with the Governor and the General
15    Assembly on or before March 30 each year.
16        The requirement for reporting to the General Assembly
17    shall be satisfied by filing copies of the report as
18    required by Section 3.1 of the General Assembly
19    Organization Act, and filing additional copies with the
20    State Government Report Distribution Center for the
21    General Assembly as required under paragraph (t) of
22    Section 7 of the State Library Act.
23        (g) To establish such subdivisions of the Department
24    as shall be desirable and assign to the various
25    subdivisions the responsibilities and duties placed upon
26    the Department by law.

 

 

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1        (h) To cooperate and enter into any necessary
2    agreements with the Department of Employment Security for
3    the provision of job placement and job referral services
4    to clients of the Department, including job service
5    registration of such clients with Illinois Employment
6    Security offices and making job listings maintained by the
7    Department of Employment Security available to such
8    clients.
9        (i) To possess all powers reasonable and necessary for
10    the exercise and administration of the powers, duties and
11    responsibilities of the Department which are provided for
12    by law.
13        (j) (Blank).
14        (k) (Blank).
15        (l) To establish, operate, and maintain a Statewide
16    Housing Clearinghouse of information on available
17    government subsidized housing accessible to persons with
18    disabilities and available privately owned housing
19    accessible to persons with disabilities. The information
20    shall include, but not be limited to, the location, rental
21    requirements, access features and proximity to public
22    transportation of available housing. The Clearinghouse
23    shall consist of at least a computerized database for the
24    storage and retrieval of information and a separate or
25    shared toll free telephone number for use by those seeking
26    information from the Clearinghouse. Department offices and

 

 

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1    personnel throughout the State shall also assist in the
2    operation of the Statewide Housing Clearinghouse.
3    Cooperation with local, State, and federal housing
4    managers shall be sought and extended in order to
5    frequently and promptly update the Clearinghouse's
6    information.
7        (m) To assure that the names and case records of
8    persons who received or are receiving services from the
9    Department, including persons receiving vocational
10    rehabilitation, home services, or other services, and
11    those attending one of the Department's schools or other
12    supervised facility shall be confidential and not be open
13    to the general public. Those case records and reports or
14    the information contained in those records and reports
15    shall be disclosed by the Director only to proper law
16    enforcement officials, individuals authorized by a court,
17    the General Assembly or any committee or commission of the
18    General Assembly, and other persons and for reasons as the
19    Director designates by rule. Disclosure by the Director
20    may be only in accordance with other applicable law.
21(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
22100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
238-14-18; 100-1148, eff. 12-10-18.)
 
24    (20 ILCS 2405/5)  (from Ch. 23, par. 3436)
25    Sec. 5. The Department is authorized to receive such gifts

 

 

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1or donations, either from public or private sources, as may be
2offered unconditionally or under such conditions related to
3the comprehensive vocational rehabilitation services,
4independent living services, and other community services and
5supports administered by the Director for habilitation and
6rehabilitation of persons with one or more disabilities, as in
7the judgment of the Department are proper and consistent with
8the provisions of this Act.
9(Source: P.A. 94-91, eff. 7-1-05.)
 
10    (20 ILCS 2405/5a)  (from Ch. 23, par. 3437)
11    Sec. 5a. The State of Illinois does hereby (1) accept the
12provisions and benefits of the act of Congress entitled the
13Rehabilitation Act of 1973, as amended by the Workforce
14Innovation and Opportunity Act heretofore and hereafter
15amended, (2) designate the State Treasurer as custodian of all
16moneys received by the State from appropriations made by the
17Congress of the United States for comprehensive vocational
18rehabilitation services and related services for persons
19habilitation and rehabilitation of persons with one or more
20disabilities, to be kept in a fund to be known as the
21Vocational Rehabilitation Fund, and authorize the State
22treasurer to make disbursements therefrom upon the order of
23the Department, and (3) empower and direct the Department to
24cooperate with the federal government in carrying out the
25provisions of the Rehabilitation Act of 1973, as amended by

 

 

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1the Workforce Innovation and Opportunity Act.
2(Source: P.A. 88-500.)
 
3    (20 ILCS 2405/9)  (from Ch. 23, par. 3440)
4    Sec. 9. Whenever, in the course of its vocational
5rehabilitation program, rehabilitation and habilitation
6program, the Department has provided tools, equipment, initial
7stock or other supplies to a person with one or more
8disabilities to establish a business enterprise as a
9self-employed person, other than a business enterprise under
10the supervision and management of a non-profit agency, the
11Department may, in its discretion, convey title to such tools,
12equipment, initial stock or other supplies at any time after
13the expiration of 6 months after such items are provided to
14that person.
15(Source: P.A. 86-607.)
 
16    (20 ILCS 2405/12a)  (from Ch. 23, par. 3443a)
17    Sec. 12a. Centers for independent living.
18    (a) Purpose. Recognizing that persons with significant
19disabilities deserve a high quality of life within their
20communities regardless of their disabilities, the Department,
21working with the Statewide Independent Living Council, shall
22develop a State Plan for Independent Living for approval by
23the Department and subsequent submission to the Administrator
24based on federally prescribed timeframes. plan for submission

 

 

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1on an annual basis to the Commissioner. The Department shall
2adopt rules for implementing the State Plan for Independent
3Living plan in accordance with the federal Act, including
4rules adopted under the federal Act governing the award of
5grants.
6    (b) Definitions. As used in this Section, unless the
7context clearly requires otherwise:
8    "Administrator" means the Administrator of the
9Administration for Community Living in the United States
10Department of Health and Human Services.
11    "Federal Act" means the federal Rehabilitation Act of
121973, as amended.
13    "Center for independent living" means a consumer
14controlled, community based, cross-disability,
15non-residential, private non-profit agency that is designated
16and operated within a local community by individuals with
17disabilities and provides an array of independent living
18services.
19    "Consumer controlled" means that the center for
20independent living vests power and authority in individuals
21with disabilities and that at least 51% of the directors of the
22center are persons with one or more disabilities as defined by
23this Act.
24    "Commissioner" means the Commissioner of the
25Rehabilitation Services Administration in the United States
26Department of Education.

 

 

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1    "Council" means the Statewide Independent Living Council
2appointed under subsection (d).
3    "Federal Act" means the federal Rehabilitation Act of
41973, as amended.
5    "Individual with a disability" means any individual who
6has a physical or mental impairment that substantially limits
7a major life activity, has a record of such an impairment, or
8is regarded as having such an impairment.
9    "Individual with a significant disability" means an
10individual with a significant physical or mental impairment,
11whose ability to function independently in the family or
12community or whose ability to obtain, maintain, or advance in
13employment is substantially limited and for whom the delivery
14of independent living services will improve the ability to
15function, continue functioning, or move toward functioning
16independently in the family or community or to continue in
17employment.
18    "State Plan for Independent Living plan" means the
19materials submitted by the Statewide Independent Living
20Council, after receiving the approval of the Department, to
21the Administrator based on federally prescribed timeframes
22Department to the Commissioner on an annual basis that contain
23the State's proposal for:
24        (1) The provision of statewide independent living
25    services.
26        (2) The development and support of a statewide network

 

 

SB2387- 17 -LRB102 12828 KTG 18170 b

1    of centers for independent living.
2        (3) Working relationships between (i) programs
3    providing independent living services and independent
4    living centers and (ii) the vocational rehabilitation
5    program administered by the Department under the federal
6    Act and other programs providing services for individuals
7    with disabilities.
8    (c) Authority. The unit of the Department headed by the
9Director, or his or her designee, vocational rehabilitation
10administrator shall be designated the State unit under Title
11VII of the federal Act and shall have the following
12responsibilities:
13        (1) To receive, account for, and disburse funds
14    received by the State under the federal Act based on the
15    State Plan for Independent Living plan.
16        (2) To provide administrative support services to
17    centers for independent living programs.
18        (3) To keep records, and take such actions with
19    respect to those records, as the Administrator
20    Commissioner finds to be necessary with respect to the
21    programs.
22        (4) To submit additional information or provide
23    assurances the Administrator Commissioner may require with
24    respect to the programs.
25The vocational rehabilitation administrator and the
26Chairperson of the Council is are responsible for jointly

 

 

SB2387- 18 -LRB102 12828 KTG 18170 b

1developing and signing the State Plan for Independent Living
2plan required by Section 704 of the federal Act. The Director,
3or his or her designee, is responsible for approving the State
4Plan for Independent Living prior to its submission to the
5Administrator. The State Plan for Independent Living plan
6shall conform to the requirements of Section 704 of the
7federal Act.
8    (d) Statewide Independent Living Council.
9    The Governor shall appoint a Statewide Independent Living
10Council, comprised of 18 members, which shall be established
11as an entity separate and distinct from the Department. The
12composition of the Council shall include the following:
13        (1) At least one director of a center for independent
14    living chosen by the directors of centers for independent
15    living within the State.
16        (2) A representative from the unit of the Department
17    of Human Services responsible for the administration of
18    the vocational rehabilitation program and a representative
19    from another unit in the Department of Human Services that
20    provides services for individuals with disabilities and a
21    representative each from the Department on Aging, the
22    State Board of Education, and the Department of Children
23    and Family Services, all as ex officio, nonvoting
24    ex-officio, non-voting members who shall not be counted in
25    the 18 members appointed by the Governor.
26    In addition, the Council may include the following:

 

 

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1        (A) One or more representatives of centers for
2    independent living.
3        (B) One or more parents or guardians of individuals
4    with disabilities.
5        (C) One or more advocates for individuals with
6    disabilities.
7        (D) One or more representatives of private business.
8        (E) One or more representatives of organizations that
9    provide services for individuals with disabilities.
10        (F) Other appropriate individuals.
11    After soliciting recommendations from organizations
12representing a broad range of individuals with disabilities
13and organizations interested in individuals with disabilities,
14the Governor shall appoint members of the Council for terms
15beginning July 1, 1993. The Council shall be composed of
16members (i) who provide statewide representation; (ii) who
17represent a broad range of individuals with disabilities from
18diverse backgrounds; (iii) who are knowledgeable about centers
19for independent living and independent living services; and
20(iv) a majority of whom are persons who are individuals with
21disabilities and are not employed by any State agency or
22center for independent living.
23    The council shall elect a chairperson from among its
24voting membership.
25    Each member of the Council shall serve for terms of 3
26years, except that (i) a member appointed to fill a vacancy

 

 

SB2387- 20 -LRB102 12828 KTG 18170 b

1occurring before the expiration of the term for which the
2predecessor was appointed shall be appointed for the remainder
3of that term and (ii) terms of the members initially appointed
4after the effective date of this amendatory Act of 1993 shall
5be as follows: 6 of the initial members shall be appointed for
6terms of one year, 6 shall be appointed for terms of 2 years,
7and 6 shall be appointed for terms of 3 years. No member of the
8council may serve more than 2 consecutive full terms.
9    Appointments to fill vacancies in unexpired terms and new
10terms shall be filled by the Governor or by the Council if the
11Governor delegates that power to the Council by executive
12order. The vacancy shall not affect the power of the remaining
13members to execute the powers and duties of the Council. The
14Council shall have the duties enumerated in subsections (c),
15(d), and (e) of Section 705 of the federal Act.
16    Members shall be reimbursed for their actual expenses
17incurred in the performance of their duties, including
18expenses for travel, child care, and personal assistance
19services, and a member who is not employed or who must forfeit
20wages from other employment shall be paid reasonable
21compensation for each day the member is engaged in performing
22the duties of the Council. The reimbursement or compensation
23shall be paid from moneys made available to the Department
24under Part B of Title VII of the federal Act.
25    In addition to the powers and duties granted to advisory
26boards by Section 5-505 of the Departments of State Government

 

 

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1Law (20 ILCS 5/5-505), the Council shall have the authority to
2appoint jointly with the vocational rehabilitation
3administrator a peer review committee to consider and make
4recommendations for grants to eligible centers for independent
5living.
6    (e) Grants to centers for independent living. Each center
7for independent living that receives assistance from the
8Department under this Section shall comply with the standards
9and provide and comply with the assurances that are set forth
10in the State plan and consistent with Section 725 of the
11federal Act. Each center for independent living receiving
12financial assistance from the Department shall provide
13satisfactory assurances at the time and in the manner the
14Director, or his or her designee, requires. Centers for
15independent living receiving financial assistance from the
16Department shall comply with grant making provisions outlined
17in State and federal law, and with the requirements of their
18respective grant contracts. vocational rehabilitation
19administrator requires.
20    Beginning October 1, 1994, the Director, or his or her
21designee, vocational rehabilitation administrator may award
22grants to any eligible center for independent living that is
23receiving funds under Title VII of the federal Act, unless the
24Director, or his or her designee, vocational rehabilitation
25administrator makes a finding that the center for independent
26living fails to comply with the standards and assurances set

 

 

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1forth in Section 725 of the federal Act.
2    If there is no center for independent living serving a
3region of the State or the region is underserved, and the State
4receives a federal increase in its allotment sufficient to
5support one or more additional centers for independent living
6in the State, the Director, or his or her designee, vocational
7rehabilitation administrator may award a grant under this
8subsection to one or more eligible agencies, consistent with
9the provisions of the State plan setting forth the design of
10the State for establishing a statewide network for centers for
11independent living.
12    In selecting from among eligible agencies in awarding a
13grant under this subsection for a new center for independent
14living, the Director, or his or her designee, vocational
15rehabilitation administrator and the chairperson of (or other
16individual designated by) the Council acting on behalf of and
17at the direction of the Council shall jointly appoint a peer
18review committee that shall rank applications in accordance
19with the standards and assurances set forth in Section 725 of
20the federal Act and criteria jointly established by the
21Director, or his or her designee, vocational rehabilitation
22administrator and the chairperson or designated individual.
23The peer review committee shall consider the ability of the
24applicant to operate a center for independent living and shall
25recommend an applicant to receive a grant under this
26subsection based on the following:

 

 

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1        (1) Evidence of the need for a center for independent
2    living, consistent with the State plan.
3        (2) Any past performance of the applicant in providing
4    services comparable to independent living services.
5        (3) The applicant's plan for complying with, or
6    demonstrated success in complying with, the standards and
7    assurances set forth in Section 725 of the federal Act.
8        (4) The quality of key personnel of the applicant and
9    the involvement of individuals with significant
10    disabilities by the applicant.
11        (5) The budgets and cost effectiveness of the
12    applicant.
13        (6) The evaluation plan of the applicant.
14        (7) The ability of the applicant to carry out the
15    plan.
16    The Director, or his or her designee, vocational
17rehabilitation administrator shall award the grant on the
18basis of the recommendation of the peer review committee if
19the actions of the committee are consistent with federal and
20State law.
21    (f) Evaluation and review. The Director, or his or her
22designee, vocational rehabilitation administrator shall
23periodically review each center for independent living that
24receives funds from the Department under Title VII of the
25federal Act, or moneys appropriated from the General Revenue
26Fund, to determine whether the center is in compliance with

 

 

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1the standards and assurances set forth in Section 725 of the
2federal Act, other applicable State and federal laws, and the
3provisions of the grant contract. If the Director, or his or
4her designee, vocational rehabilitation administrator
5determines that any center receiving those federal or State
6funds is not in compliance with the standards and assurances
7set forth in Section 725, the Director, or his or her designee,
8vocational rehabilitation administrator shall immediately
9notify the center that it is out of compliance. The Director,
10or his or her designee, shall recommend to the Secretary, or
11his or her designee, that all funding to that center be
12terminated vocational rehabilitation administrator shall
13terminate all funds to that center 90 days after the date of
14notification or, in the case of a center that requests an
15appeal, the date of any final decision, unless the center
16submits a plan to achieve compliance within 90 days and that
17plan is approved by the Director, or his or her designee,
18vocational rehabilitation administrator or (if on appeal) by
19the Secretary, or his or her designee Commissioner.
20(Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99;
2192-16, eff. 6-28-01.)
 
22    (20 ILCS 2405/13a)  (from Ch. 23, par. 3444a)
23    Sec. 13a. (a) The Department shall be responsible for
24coordinating the establishment of local Transition Planning
25Committees. Members of the committees shall consist of

 

 

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1representatives from special education; vocational and regular
2education; post-secondary education; parents of youth with
3disabilities; persons with disabilities; local business or
4industry; the Department of Human Services; public and private
5adult service providers; case coordination; and other
6consumer, school, and adult services as appropriate. The
7Committee shall elect a chair and shall meet at least
8quarterly. Each Transition Planning Committee shall:
9        (1) identify current transition services, programs,
10    and funding sources provided within the community for
11    secondary and post-secondary aged youth with disabilities
12    and their families as well as the development of
13    strategies to address unmet needs;
14        (2) facilitate the development of transition
15    interagency teams to address present and future transition
16    needs of individual students on their individual education
17    plans;
18        (3) develop a mission statement that emphasizes the
19    goals of integration and participation in all aspects of
20    community life for persons with disabilities;
21        (4) provide for the exchange of information such as
22    appropriate data, effectiveness studies, special projects,
23    exemplary programs, and creative funding of programs;
24        (5) develop consumer in-service and awareness training
25    programs in the local community; and
26        (6) assist in staff training for individual transition

 

 

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1    planning and student transition needs assessment.
2    (b) Each Transition Planning Committee shall select a
3chair from among its members who shall serve for a term of one
4year. Each committee shall meet at least quarterly, or at such
5other times at the call of the chair.
6    (c) (Blank). Each Transition Planning Committee shall
7annually prepare and submit to the Interagency Coordinating
8Council a report which assesses the level of currently
9available services in the community as well as the level of
10unmet needs of secondary students with disabilities, makes
11recommendations to address unmet needs, and summarizes the
12steps taken to address unmet needs based on the
13recommendations made in previous reports.
14    (d) The name and affiliation of each local Transition
15Planning Committee member and the annual report required under
16subsection (c) of this Section shall be filed with the
17administrative office of each school district served by the
18local Transition Planning Committee, be made available to the
19public upon request, and be sent to each member of the General
20Assembly whose district encompasses the area served by the
21Transition Planning Committee.
22(Source: P.A. 92-452, eff. 8-21-01.)
 
23    (20 ILCS 2405/12 rep.)
24    Section 10. The Rehabilitation of Persons with
25Disabilities Act is amended by repealing Section 12.
 

 

 

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1    (20 ILCS 2407/Art. 4 rep.)
2    Section 15. The Disabilities Services Act of 2003 is
3amended by repealing Article 4.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2405/1bfrom Ch. 23, par. 3432
4    20 ILCS 2405/3from Ch. 23, par. 3434
5    20 ILCS 2405/5from Ch. 23, par. 3436
6    20 ILCS 2405/5afrom Ch. 23, par. 3437
7    20 ILCS 2405/9from Ch. 23, par. 3440
8    20 ILCS 2405/12afrom Ch. 23, par. 3443a
9    20 ILCS 2405/13afrom Ch. 23, par. 3444a
10    20 ILCS 2405/12 rep.
11    20 ILCS 2407/Art. 4 rep.