Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 521 - DATA CENTER INVESTMENT PROGRAM › Section 521.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Disabled Persons Rehabilitation Act [ 20 ILCS
				2405 ].
"Advocacy" means pleading an individual's cause or speaking or
				writing in support of an individual that may include representation before
				public or private entities on the behalf of one's self, another individual or a
				group of individuals.
"Assistive Technology" means any item, piece of equipment,
				product or system, whether modified, customized or acquired commercially from
				the manufacturer or off the shelf, that is used to increase, maintain or
				improve the functional capabilities of an individual with a disability.
"Authorization" means the method used to approve funding for
				diagnostic services and vocational services listed on a customer's IPE.
"Authorized Activities" means Pre-employment Transition
				Services, including, but not limited to:
providing instruction to VR counselors, school transition
				personnel, and other persons supporting students with disabilities;
disseminating information about innovative, effective and
				efficient approaches to achieve the goals of Pre-employment Transition
				Services; and
applying evidence-based findings to improve policy, procedure,
				practice and the preparation of personnel, in order to better achieve the goals
				of Pre-employment Transition Services.
"Auxiliary Services" means services that reasonably accommodate
				a person with a disability and ensure equal access to service delivery (e.g.,
				readers, interpreters, note-takers, computer assisted realtime captioning
				(CART), etc.). Auxiliary services may be necessary to assist a customer with
				the completion of a substantial service.
"Center for Independent Living" or "CIL" means a
				consumer-controlled, community based, cross-disability, nonresidential, private
				not-for-profit agency that is designed and operated within a local community by
				individuals with disabilities and that provides an array of independent living
				services.
"Client Assistance Program" or "CAP" means a program funded
				under the federal Rehabilitation Act of 1973 (VR Act) (
				29 USC
				701 et seq.) to provide assistance in
				informing and advising all customers and applicants of all available benefits
				under the VR Act and upon request of such a customer to assist in the
				customer's relationship with projects, programs and services provided by the VR
				Act. CAP services can include assistance and advocacy in pursuing legal,
				administrative or other appropriate remedies to ensure the protection of the
				customer's rights under the Act.
"Community Rehabilitation Program" means a program that
				provides a variety of services to assist individuals with disabilities to
				achieve Competitive Integrated Employment, supported employment or customized
				employment.
"Comparable Benefit" means a service that is available at the
				time the service is needed by a customer to achieve the vocational goal and
				objectives specified in the customer's IPE that, when provided to DHS-DRS
				customers by a public or private agency or agencies other than DHS-DRS, offset
				costs that would otherwise be paid by DHS-DRS or the customer.
"Competitive Integrated Employment" means work that is
				performed on a full-time or part-time basis (including self-employment) and for
				which the customer is compensated with the customary wage and level of
				benefits, but not less than the minimum wage and:
is not less than the customary wage paid by the employer for
				the same or similar work performed by other employees who are not individuals
				with disabilities in similar occupations;
in the case of an individual who is self-employed, yields an
				income that is comparable to the income received by other individuals who are
				not individuals with disabilities and who are self-employed in similar
				tasks;
is eligible for the same level of benefits provided to other
				employees;
is in a location in the community where the individual with a
				disability interacts with individuals who are not individuals with
				disabilities; and
presents, as appropriate, opportunities for advancement that
				are similar to those for other employees with similar positions who are not
				individuals with disabilities.
"Confidential Information" means all closed, active and future
				records and conversations (including Teletypewriter/Telecommunication Devices
				for the Deaf (TTY) and Nextalk) kept by DHS-DRS concerning the customer's
				program of services. Printouts from TTY conversations must be destroyed upon
				completion and documentation of the call.
"Counseling on Postsecondary Education" means counseling
				provided to students with disabilities, individually or in a group setting,
				regarding opportunities for enrollment in comprehensive transition or
				postsecondary educational programs at institutions of higher education.
"Customer" means a person who has requested, been referred for,
				is receiving, or has received any DHS-DRS services, including a student at a
				DHS-DRS school.
"Customer Financial Analysis" means a calculation using form IL
				488-0265, developed by DHS-DRS to determine the customer and family financial
				participation.
"Customer Financial Participation" means the amount of money,
				as determined by the completion of the Customer Financial Analysis, that a
				customer or the customer's family must contribute to the cost of services and
				the amount of any voluntary contributions the customer or his or her family
				wishes to contribute to the cost of services.
"Customized Employment" means Competitive Integrated
				Employment, for an individual with a significant disability:
that is based on an individualized determination of the unique
				strengths, needs, interests and abilities and on the needs of the employer;
				and
that can be carried out through flexible strategies.
"Dependent" means an individual who receives half or more of
				his or her normal living expenses from his or her family. When a dependent
				customer is receiving training services at a post-secondary institution, the
				customer may retain dependent status up to the age of 24.
"DHS" means the Illinois Department of Human Services.
"DHS-DRS" or "DRS" means the Illinois Department of Human
				Services-Division of Rehabilitation Services.
"Director" means the Director of the Division of Rehabilitation
				Services.
"Employee" means any person employed by DHS-DRS to participate
				in the delivery of DHS-DRS programs. The term shall also include supervisory
				level personnel and others in management positions.
"Employment Outcome" means entering, advancing in, or retaining
				full-time or, if appropriate, part-time employment in Competitive Integrated
				Employment, including customized employment, self-employment, telecommuting,
				business ownership or supported employment.
"Entity" means an employer, or a contractor or subcontractor of
				that employer, that holds a special wage certificate described in the Fair
				Labor Standards Act (FLSA) (
				29
				USC 201 et seq.)
"Extended Period of Time" means a period of at least six months
				or longer.
"Extended Services" means ongoing support services and other
				appropriate services that are needed to support and maintain an individual with
				a most significant disability, including a youth with a most significant
				disability, in supported employment. For a youth with a most significant
				disability, DHS-DRS may provide services for a period of time not to exceed
				four years or until a youth reaches the age of 25 and no longer meets the
				definition of a "youth with a disability". Extended services include both paid
				and unpaid services.
"Family", for purposes of identifying individuals included in
				the family when completing the Customer Financial Analysis, shall include the
				customer and all other family members. A family member is anyone who resides in
				the same household and is related to the customer by blood or marriage or has a
				close interpersonal relationship with the customer.
"Financial Contribution" means the amount of DHS-DRS' payment
				for services that are needed to determine eligibility or to assist in achieving
				an employment outcome.
"Financial Participation" means the amount of money, as
				determined by the completion of the Customer Financial Analysis, that a
				customer or the customer's family must contribute to the cost of services, and
				the amount of any voluntary contributions the customer or the customer's family
				wishes to contribute to the cost of services.
"Grievant" means any customer, or licensed vendor as specified
				in 89 Ill. Adm. Code 650 (Vending Facility Program for the Blind), who has been
				aggrieved by any action or inaction by DHS-DRS.
"Guardian" means the person appointed by a court as the
				guardian of the person of a minor or an adult.
"Hearing" means an administrative hearing of the appeal of the
				grievant as set forth in 89 Ill. Adm. Code
				510.105
				and presided over by an Impartial Hearing Officer.
"Hearings Coordinator" means the DHS Chief, Bureau of
				Administrative Hearings, who is responsible for communicating with the grievant
				about the appeal requests, docketing and scheduling hearings, and coordinating
				the appointment of Impartial Hearing Officers.
"Impartial Hearing Officer" means the individual appointed to
				conduct the hearing (see 89 Ill. Adm. Code
				510.90
				).
"Inaction" means the failure of DHS-DRS to act within the time
				lines specified by the program rules.
"Income" means all earned and other income from all sources,
				including:
all types of public support;
wages, tips, disability payments, Worker's Compensation,
				interest or dividends from investments, savings, trust funds, certificates of
				deposit, etc.;
child support, spousal support and income from rental and
				leased property; and
private sources.
The value of readily available assets (i.e., cash-on-hand,
				checking accounts, savings accounts, certificates of deposit, stocks, bonds,
				accessible trust funds) shall not be considered as income for the purpose of
				completion of the Customer Financial Analysis, unless those assets have been
				established for the support or training of the customer. Income from all family
				members, 19 and older, will be included in the completion of the customer
				financial analysis.
"Independent Living Core Services" means the minimum services
				an organization must provide to be considered a CIL. These services are
				information and referral services, independent living skills training, peer
				counseling, including cross-disability peer counseling, and individual and
				system advocacy.
"Independent Living Plan" or "ILP" means a written plan that
				outlines the Independent Living Services that are to be provided to a customer
				determined eligible to receive Independent Living Services. The ILP must be
				jointly developed by the CIL and the customer, who will receive Independent
				Living Services. An ILP must be developed for each customer who receives
				Independent Living Services unless the customer specifically signs a statement
				waiving his or her rights to have an ILP.
"Independent Living Services" means services in addition to the
				Independent Living Core Services provided by a CIL that DHS would take into
				consideration when approving funding or continued funding for a CIL.
"Industry Recognized Credential" means a certificate, license
				or other documentation indicating that an individual has completed training
				that allows him or her to engage in a particular occupation.
"Informal Resolution Conference" means an attempt to informally
				resolve an appeal by the grievant and DHS-DRS, as set forth in 89 Ill. Adm.
				Code
				510.100.
"Informed Choice" means an interactive process between DHS-DRS
				and the customer that provides sufficient, objective information and options
				that are designed to empower the customer in selecting services, providers and
				outcomes.
"Instruction in Self-Advocacy" means instruction provided to
				students with disabilities, individually or in group settings, designed to
				develop self-advocacy skills through a variety of mechanisms, including peer
				mentoring.
"Integrated Setting" means a setting typically found in the
				community in which customers interact with non-disabled individuals other than
				individuals who are providing service to the customer. With respect to an
				employment outcome, an integrated setting means a setting typically found in
				the community in which the customer interacts with non-disabled individuals, to
				the same extent that non-disabled individuals in comparable positions interact
				with other persons.
"IPE" means Individualized Plan for Employment (see 89 Ill.
				Adm. Code 572).
"Job Coaching" means a method of providing ongoing support
				services through the use of a worker known as a "job coach" who is present with
				the customer at the job site. These workers provide a variety of training,
				monitoring and support functions to customers receiving supported employment
				services.
"Job Exploration Counseling" means counseling provided to
				students with disabilities, individually or in a group setting, including
				information on occupations and labor market composition and identification of
				career pathways and interests.
"Mediator" means an individual who is qualified in mediation
				and knowledgeable of the laws and regulations relating to the provision of
				vocational rehabilitation services.
"Minimum Wage" means the rate under applicable federal, State
				and local law.
"Natural Supports" mean unpaid assistance provided in the work
				setting to a customer receiving supported employment services.
"Normal Living Expenses" means housing, food that is purchased
				for preparation and consumption at home, clothing and utilities.
"On-the-Job Evaluation" means the methods and determinations
				used to evaluate whether a customer has the capabilities to perform work tasks
				relevant to their ability to achieve an employment outcome.
"On-the-Job Training" means specific skills training provided
				at an employment site to a customer who has demonstrated the ability to perform
				the duties associated with the specific job title.
"Ongoing Support Services" means services that are needed to
				support and maintain an individual with a most significant disability,
				including a youth with a most significant disability, in supported employment.
				These services are based on the individual's need as specified in the IPE.
				Provided services will be from the time of job placement until transition to
				Extended Services, and include an assessment for provision and coordination of
				services.
"Order of Selection" means the process that determines the
				priority in which customers are served, based on the categories listed in 89
				Ill. Adm. Code
				553.130.
"Parent" means either a natural or adoptive parent, except
				those whose parental rights have been terminated voluntarily or by order of a
				court, or otherwise restricted by order of a court.
"Personal Assistant" or "PA" means an individual employed to
				assist an individual with a disability to perform daily living activities that
				the individual would typically perform without assistance if the individual did
				not have a disability.
"Personal Representative" means an attorney, CAP representative
				or other individual designated by a grievant to act on the grievant's behalf in
				the proceedings of a hearing.
"Physical & Mental Restoration" means medical or medically
				related rehabilitation and therapeutic services that are likely, within a
				reasonable period of time, to correct or modify substantially a stable or
				slowly progressive physical or mental impairment that constitutes a substantial
				impediment to employment.
"Placement" means services necessary to assist a customer in
				obtaining employment in his or her chosen occupational area. Placement services
				shall include, but not be limited to:
interviewing skills training;
resume preparation;
interview preparation;
referral to other agencies and prospective employers;
				and
identification of prospective employers.
"Post-employment Services" means a VR service provided to a
				customer, not lasting more than 6 months, to maintain, regain or advance in
				employment.
"Post-school Activities" means vocationally oriented activities
				undertaken by a customer or student after he or she leaves the secondary
				education system. These activities may include:
post-secondary education;
vocational training;
integrated employment, including supported employment;
continuing and adult education;
VR services; and
community participation.
"Pre-employment Transition Coordination Activities" means
				activities designed to coordinate provision of Pre-employment Transition
				Services, including:
attending Individual Education Plan meetings, when
				invited;
working with the local workforce development boards, one-stop
				centers, and employers to develop work opportunities for students with
				disabilities;
working with schools to coordinate and ensure the provision of
				Pre-employment Transition Services; and
attending person-centered planning meetings for students with
				disabilities receiving services under title XIX of the Social Security Act (
				42 USC
				1396 et seq.), when invited.
"Pre-employment Transition Services" means required,
				authorized, and pre-employment transition coordination activities that are
				provided to students with disabilities.
"Proof of Income" means the portion of the most recent tax
				return that contains the adjusted gross income and the signature of the person
				submitting the return. Proof of income must be provided for each individual
				included in the definitions of "family" and "income" in this Section. An
				estimated annual income will be calculated based on current wage records if an
				annual federal tax return has not yet been completed or if the financial status
				has significantly changed since the last submitted tax return.
"Rehabilitation Closure" means a closure taken on a customer's
				case when he or she was provided substantial services over an extended period
				of time that enabled the customer to achieve a successful employment
				outcome.
"Rehabilitation Services Administration" or "RSA" is a division
				under the U.S. Department of Education that administers the federal VR
				program.
"Rehabilitation Technology" means systematic application of
				technologies, devices and services to meet the needs of people with
				disabilities and to address the barriers confronted by them.
"Representative" means an attorney, CAP representative or other
				individual designated by the customer who is authorized to act on the
				customer's behalf.
"Required Activities" means Pre-employment Transition Services
				specified in
				34 CFR
				361.5(c)(42): job
				exploration counseling; Work-based Learning Experiences; counseling on
				postsecondary education; workplace readiness training; and instruction in
				self-advocacy.
"Schools" means the three State Schools operated by DHS-DRS:
				the Illinois Center for Rehabilitation and Education-Roosevelt, the Illinois
				School for the Deaf, and the Illinois School for the Visually Impaired.
"Secondary Transitional Experience Program" or "STEP" means a
				program of transition services provided through cooperative agreement of
				DHS-DRS and a Local Educational Agency (LEA).
"Self-employment" means a customer working for himself or
				herself in a business selling goods or services for the purpose of making a
				profit that will allow the customer to achieve an employment outcome.
"Services" means the services provided by and through DHS-DRS
				to customers of the Vocational Rehabilitation program as described in 89 Ill.
				Adm. Code 590 (Services).
"Special Wage Certificate" means a certificate issued to an
				employer under Section 14c of FLSA that authorizes payment of subminimum
				wages.
"Standard Budget Allowance" or "SBA" means a figure equal to
				70% of the State Median Income established by the Office of Community Programs
				of the U.S. Department of Health and Human Services that are published annually
				in the Federal Register.
"State Plan for Independent Living" means the plan jointly
				developed by DHS and the Statewide Independent Living Council (SILC) (see 89
				Ill. Adm. Code 515) and approved by the Director and the Chairperson of SILC,
				which is submitted for review and approval by RSA. The State Plan includes
				outlines for services, goals and objectives of the DHS-DRS Independent Living
				Program, as well as the plan for Independent Living Services throughout the
				State, and is the basis for Part B Funds received from RSA.
"Statewide Independent Living Council" or "SILC" means the
				council established pursuant to the VR Act and the Disabled Persons
				Rehabilitation Act [
				20 ILCS
				2405/12a ] and governed by 89 Ill. Adm. Code
				515.
"Student with a Disability" means:
an individual with a disability who:
is in an educational program;
is at least 14 years of age and younger than age 22; and
is eligible for and receiving special education or related
				services under the Individuals with Disabilities Education Act (IDEA) (
				20 USC
				1400 et seq.); or
an individual with a disability for purposes of section 504 of
				the Rehabilitation Act (
				29 USC
				701 et seq.).
"Substantial Services" means training, physical restoration,
				mental restoration and placement.
"Support Reduction Schedule" means a planned method of gradual
				reduction in the amount of ongoing support services provided to a customer
				receiving supported employment services. The purpose of the support reduction
				schedule is to reduce reliance on supports during the course of the customer's
				participation in supported employment services to the greatest degree possible
				while maintaining the customer in employment, and to assist the customer in
				making a transition to Extended Services.
"Support Services" means non-disability related services (e.g.,
				tutors, transportation, books and supplies, etc.) needed to assist in the
				completion of a substantial service required to obtain the employment
				outcome.
"Supported Employment" means:
Competitive Integrated Employment, including customized
				employment; or
employment in an integrated setting in which an individual with
				a most significant disability is working on a short-term basis toward
				Competitive Integrated Employment for whom:
Competitive Integrated Employment has not historically
				occurred, or whose Competitive Integrated Employment has been interrupted or
				intermittent; and
intensive supported employment services are needed in order to
				perform the work.
"Supported Employment Services" means ongoing services,
				including customized employment and other appropriate services, needed to
				support and maintain an individual with a most significant disability,
				including a youth with a most significant disability, in supported employment
				that are:
organized and made available, individually or in combination,
				in such a way as to assist an eligible individual to achieve Competitive
				Integrated Employment;
based on a determination of the need of an eligible individual,
				as specified in an IPE; and
provided for a period of time not to exceed 24 months, unless
				under special circumstances (including, but not limited to, illness or medical
				condition; family crisis; change in residence; or, if the person has a
				guardian, change of guardian) the eligible individual and the rehabilitation
				counselor jointly agree to extend the time to achieve the employment outcome
				identified in the IPE.
"Transition services" means a coordinated set of activities for
				a student or youth with a disability that:
promotes movement from school to post-school activities,
				including postsecondary education, vocational training, Competitive Integrated
				Employment, supported employment, continuing and adult education, adult
				services, independent living, or community participation;
takes into account the individual's needs, preferences and
				interests;
includes instruction, community experiences, development of
				post-school employment and adult living objectives;
promotes achievement of Competitive Integrated Employment;
				and
includes outreach to and engagement of the parents, or as
				appropriate, the representative of the student or youth with a
				disability.
"Un-served" or "Under-served" means groups or populations of
				individuals with severe disabilities living in the State that are not receiving
				sufficient services.
"Unusual Allowable Expenses" as related to the completion of
				the customer financial analysis, are expenses directly related to the
				customer's or other family member's disability, such as on-going medical
				treatment, medication, adaptive equipment, and rehabilitation technology
				services. These costs are currently being paid by the customer or customer's
				family and are not paid for through insurance or any other source. Cost
				associated with another family member attending post-secondary education, which
				is currently paid by the family, shall also be included as an Unusual Allowable
				Expense. Unusual Allowable Expenses shall not be included in the customer
				Financial Analysis without appropriate documentation of each expense.
"VR Act" means the federal Rehabilitation Act of 1973 (
				29 USC
				701 et seq.).
"Work-based Learning Experiences" means a range of experiences
				for students with disabilities centered on work, which may include in-school,
				after school, or community-based opportunities, that are provided in integrated
				settings to the greatest extent possible.
"Workplace Readiness Training" means training provided to
				students with disabilities, individually or in group settings, to develop
				social skills and independent living skills necessary to prepare for eventual
				employment.
"Youth with a disability" or "youth" means an individual with a
				disability who is not younger than 14 years of age and not older than 24 years
				of age.