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| Public Act 103-0709
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| HB5354 Enrolled | LRB103 37230 SPS 67349 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Customized Employment for Individuals with |
Disabilities Act is amended by changing Sections 10, 15, 20, |
25, 30, 35, and 40 and by adding Section 6 as follows:
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(820 ILCS 97/6 new) |
Sec. 6. Definition. As used in this Act, "customized |
employment" means competitive integrated employment for an |
individual with a significant disability that is based on an |
individualized determination of the strengths, needs, and |
interests of the individual with a significant disability, |
designed to meet the specific abilities of the individual with |
a significant disability and the business needs of the |
employer, establishes a relationship between the employer and |
the employee that is negotiated to meet the needs of both |
parties, and is based on an exchange of specific contributions |
by the employee for pay by the employer that is at or above the |
applicable minimum wage.
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(820 ILCS 97/10) |
Sec. 10. Customized Employment Demonstration Pilot |
Program. The Department of Human Services, through its |
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Division of Rehabilitation Services and in collaboration with |
the Division of Developmental Disabilities, shall establish a |
5-year Customized Employment Demonstration Pilot Program that |
serves a minimum of 40 25 individuals by July 1, 2025, with a |
goal of serving at least 75 individuals by July 1, 2027 the |
second year of the Pilot Program. |
The Demonstration program shall comply with the document |
titled "The Essential Elements of Customized Employment for |
Universal Application", published June 2017 by the Workforce |
Innovation Technical Assistance Center and the Youth Technical |
Assistance Center under grants from the federal Department of |
Education. The Demonstration The Pilot Program shall include |
the following components for each participant: |
(1) "Phase One: Consultation and Initiation" means |
pre-discovery activities introducing the participant to |
customized employment activities, roles and |
responsibilities, and expected outcomes and introducing |
the customized employment provider to the participant and |
the participant's support team, including family, |
guardians, friends, colleagues, advocates, |
community-based service agencies, and others as determined |
by the participant or the participant's guardian. If the |
participant or participant's guardian chooses to proceed |
with the customized employment provider, the Division of |
Rehabilitation Services shall develop an Initial Discovery |
Action Plan An intensive discovery phase during which the |
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unique needs, abilities, and interests of the individual |
will be explored by the individual at his or her direction |
with assistance from family, friends, colleagues, |
advocates, community-based service agencies, and others as |
determined by the individual. |
(2) "Phase Two: Discovery" means a person-centered |
planning process that shall be used to determine the |
participant's interests, skills, preferences, and ideal |
employment conditions that shall guide the development of |
a customized job. The unique needs, abilities, and |
interests of the participant shall be explored by the |
participant at his or her direction or the direction of |
his or her guardian, with assistance from family, friends, |
colleagues, advocates, community-based service agencies, |
and others as determined by the participant or the |
participant's guardian. The exploration of the unique |
needs of the participant shall include the participant's |
assistive technology needs and the participant's need for |
work incentives benefits counseling. During this phase, a |
plan for completing the discovery process shall be |
developed that contains a timeline for completing the |
discovery process, assignment of who shall gather which |
piece of information, how the information shall be |
gathered, who shall receive the information, and who shall |
make up the core support team for the participant. The |
plan for completing the discovery service shall be shared |
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and discussed by the customized employment provider with |
the participant and the Division of Rehabilitation |
Services, and the service provider shall bill for this |
service. A Discovery Profile, containing all of the |
information learned from the discovery process, shall be |
shared and discussed by the provider with the participant, |
the participant's guardian, and Division of Rehabilitation |
Services, and the service provider shall bill for this |
service A customized person-centered planning process |
based upon information gathered during the discovery phase |
that involves capturing, organizing, and presenting the |
information in a blueprint for the job search. |
(3) "Phase Three: Customized Employment Planning" |
means an opportunity to use the information learned during |
the discovery process to develop a plan for competitive |
and integrated employment for the participant An employer |
negotiation process in which job duties and employee |
expectations are negotiated to align the skills and |
interests of the individual with the needs of an employer. |
The negotiation process may result in agreement on options |
such as (i) carving out a job for the individual, (ii) |
creating a new job description, (iii) creating a new job, |
(iv) job-sharing, and (v) agreeing on job supports, |
transportation needs, assistive technology, work hours, |
location, or supervision needs. |
(4) "Phase Four: Job Development and Negotiation" |
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means a process of working collaboratively with the |
participant, the participant's guardian, and the |
customized employment employer to negotiate a customized |
job, including, terms of employment, conditions necessary |
for success, and the specific unmet needs of the employer |
that shall be fulfilled by the participant's contributions |
A flexible timeline for a comprehensive discovery, |
planning, and job placement process to accommodate the |
unique needs of the individual. |
(5) "Phase Five: Post-Employment Support and |
Monitoring" means support and monitoring from the |
customized employment service to ensure satisfactory |
results for both the participant and the employer. |
The Customized Employment Demonstration Pilot Program |
shall be based on implemented through an individualized plan |
for employment developed by the individual with a disability, |
the community based agency, the individual's support team, and |
the vocational rehabilitation counselor employed by the |
Division of Rehabilitation Services. The individual with a |
disability may choose to have a personal representative |
participate in the development of the individualized plan for |
employment. |
(Source: P.A. 101-368, eff. 1-1-20.)
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(820 ILCS 97/15) |
Sec. 15. Selection of participants. Individuals shall be |
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identified and referred to the Department to participate in |
the Demonstration Pilot Program by community-based agencies |
serving persons with intellectual or developmental |
disabilities. A team of individuals identified during the |
discovery phase shall be created to work with the individual |
during the process. The team shall include at least one |
qualified staff person as described in Section 25. Selection |
preference shall be given to individuals who are currently |
working in a sheltered workshop setting for a subminimum wage |
and individuals for whom it is likely that their current |
employment options will be limited to working in a sheltered |
workshop for a subminimum wage. |
(Source: P.A. 101-368, eff. 1-1-20.)
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(820 ILCS 97/20) |
Sec. 20. Diversity. Participants in the Demonstration |
Pilot Program shall reflect the geographical, racial, ethnic, |
gender, and income-level diversity of the State. |
(Source: P.A. 101-368, eff. 1-1-20.)
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(820 ILCS 97/25) |
Sec. 25. Community-based agencies and staff |
qualifications. The Demonstration Pilot Program shall utilize |
a minimum of 4 Illinois non-profit community-based agencies |
that must: |
(1) assign at least one staff member who has received |
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a certificate of completion for training in community |
employment, with a specialization in customized |
employment, from a recognized and qualified training |
entity such as the Association of Community Rehabilitation |
Educators; and |
(2) have access to technical assistance on customized |
employment from a recognized and qualified training entity |
to work with each participant in the Demonstration Pilot |
Program. |
(Source: P.A. 101-368, eff. 1-1-20.)
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(820 ILCS 97/30) |
Sec. 30. Data collection and reporting. The Department |
shall collect data regarding the successes and challenges of |
the Demonstration Pilot Program and shall submit an annual |
report to the Governor and the General Assembly on March 1st of |
each year beginning in 2026 2021 until the Demonstration Pilot |
Program terminates. The reports shall: (i) make a |
recommendation as to whether the Demonstration Pilot Program |
should be extended continue or become a statewide program; |
(ii) provide cost estimates, including the average per person |
costs; and (iii) recommend ways in which the Demonstration |
Pilot Program can be improved to better serve the needs of |
individuals with disabilities and employers. The data |
collected shall include, but not be limited to, for each |
individual served by the Demonstration Program: |
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(1) The number of individuals with an intellectual |
disability; |
(2) the number of individuals with a developmental |
disability; |
(3) the number of individuals residing in a community |
integrated living arrangement; |
(4) the number of individuals residing in an |
intermediate care facility for people with a developmental |
disability; |
(5) the number of individuals residing in their family |
home; |
(6) the number of individuals residing in a State |
operated developmental center; |
(7) the number of individuals residing in a community |
living facility; |
(8) the number of individuals who were working in a |
sheltered workshop earning subminimum wage; and |
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(9) the average amount of time individuals in the |
Demonstration Program spend in each customized employed |
phase as described in Section 10. |
(Source: P.A. 101-368, eff. 1-1-20.)
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(820 ILCS 97/35) |
Sec. 35. Advice and recommendations. In the creation, |
operation, and administration of the Demonstration Pilot |
Program, the Department shall seek the advice and |
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recommendations of the State Rehabilitation Council, Illinois |
Council on Developmental Disabilities, the Illinois Task Force |
on Employment and Economic Opportunity for Persons with |
Disabilities, statewide disability advocacy groups, and |
organizations representing large, medium, and small |
businesses. |
(Source: P.A. 101-368, eff. 1-1-20.)
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