Article IXa - Education, Training And Employment Program For Recipients Under Article Iv - Illinois Statutes

Statutes > Illinois Statutes > CHAPTER 305 PUBLIC AID > 305 ILCS 5/ Illinois Public Aid Code. > Article IXa - Education, Training And Employment Program For Recipients Under Article Iv

Article IXa - Education, Training And Employment Program For Recipients Under Article Iv

(305 ILCS 5/Art. IXA heading)ARTICLE IXA. EDUCATION, TRAINING AND EMPLOYMENT PROGRAM FOR RECIPIENTS UNDER ARTICLE IV

(305 ILCS 5/9A‑1) (from Ch. 23, par. 9A‑1)
Sec. 9A‑1. Declaration of Purpose.

It is the purpose of this Article to provide recipients of public aid under Article IV the education, training and employment programs that will help them avoid long‑term welfare dependence.

(Source: P.A. 86‑1184; 86‑1381.)

(305 ILCS 5/9A‑2) (from Ch. 23, par. 9A‑2)
Sec. 9A‑2. As used in this Article only, "recipient" means only those persons receiving aid under Article IV.
(Source: P.A. 86‑1184; 86‑1381.)

    (305 ILCS 5/9A‑3)(from Ch. 23, par. 9A‑3)
    Sec. 9A‑3. Establishment of Program and Level of Services.

(a) The Illinois Department shall establish and maintain a program to provide recipients with services consistent with the purposes and provisions of this Article. The program offered in different counties of the State may vary depending on the resources available to the State to provide a program under this Article, and no program may be offered in some counties, depending on the resources available. Services may be provided directly by the Illinois Department or through contract. References to the Illinois Department or staff of the Illinois Department shall include contractors when the Illinois Department has entered into contracts for these purposes. The Illinois Department shall provide each recipient who participates with such services available under the program as are necessary to achieve his employability plan as specified in the plan.

(b) The Illinois Department, in operating the program, shall cooperate with public and private education and vocational training or retraining agencies or facilities, the Illinois State Board of Education, the Illinois Community College Board, the Departments of Employment Security and Commerce and Economic Opportunity or other sponsoring organizations funded under the federal Workforce Investment Act and other public or licensed private employment agencies.

(Source: P.A. 93‑598, eff. 8‑26‑03; 94‑793, eff. 5‑19‑06.)

    (305 ILCS 5/9A‑4)(from Ch. 23, par. 9A‑4)
    Sec. 9A‑4. Participation.

(a) Except for those exempted under subsection (b) below, and to the extent resources permit, the Illinois Department as a condition of eligibility for public aid, may, as provided by rule, require all recipients to participate in an education, training, and employment program, which shall include accepting suitable employment and refraining from terminating employment or reducing earnings without good cause.

(b) Recipients shall be exempt from the requirement of participation in the education, training, and employment program in the following circumstances:

(1) The recipient is a person over age 60; or
(2) The recipient is a person with a child under age

one.

Recipients are entitled to request a reasonable

modification to the requirement of participation in the education, training and employment program in order to accommodate a qualified individual with a disability as defined by the Americans with Disabilities Act. Requests for a reasonable modification shall be evaluated on a case‑by‑case functional basis by designated staff based on Department rule. All such requests shall be monitored as part of the agency's quality assurance process or processes to attest to the expediency with which such requests are addressed. Implementation of the changes made to this Section by this amendatory Act of the 94th General Assembly is subject to appropriation.

(Source: P.A. 94‑629, eff. 1‑1‑06.)

    (305 ILCS 5/9A‑5) (from Ch. 23, par. 9A‑5)
    Sec. 9A‑5. Exempt recipients.
    (a) Exempt recipients under Section 9A‑4 may volunteer to participate.

(b) Services will be offered to exempt and non‑exempt individuals who wish to volunteer to participate only to the extent resources permit.

(c) Exempt and non‑exempt individuals who volunteer to participate become program participants upon completion of the initial assessment, development of the employability plan, and assignment to a component. An exempt individual who volunteers to participate may not be sanctioned for not meeting program requirements.

(Source: P.A. 92‑111, eff. 1‑1‑02; 93‑598, eff. 8‑26‑03.)

(305 ILCS 5/9A‑6) (from Ch. 23, par. 9A‑6)
Sec. 9A‑6. (Repealed).
(Source: P.A. 86‑1475. Repealed by P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/9A‑7)(from Ch. 23, par. 9A‑7)
    Sec. 9A‑7. Good Cause and Pre‑Sanction Process.

(a) The Department shall establish by rule what constitutes good cause for failure to participate in education, training and employment programs, failure to accept suitable employment or terminating employment or reducing earnings.

The Department shall establish, by rule, a pre‑sanction process to assist in resolving disputes over proposed sanctions and in determining if good cause exists. Good cause shall include, but not be limited to:

(1) temporary illness for its duration;
(2) court required appearance or temporary

incarceration;

        (3) (blank);
        (4) death in the family;
        (5) (blank);
        (6) (blank);
        (7) (blank);
        (8) (blank);
        (9) extreme inclement weather;
        (10) (blank);
        (11) lack of any support service even though the

necessary service is not specifically provided under the Department program, to the extent the lack of the needed service presents a significant barrier to participation;

(12) if an individual is engaged in employment or

training or both that is consistent with the employment related goals of the program, if such employment and training is later approved by Department staff;

(13) (blank);
(14) failure of Department staff to correctly

forward the information to other Department staff;

(15) failure of the participant to cooperate because

of attendance at a test or a mandatory class or function at an educational program (including college), when an education or training program is officially approved by the Department;

(16) failure of the participant due to his or her

illiteracy;

(17) failure of the participant because it is

determined that he or she should be in a different activity;

(18) non‑receipt by the participant of a notice

advising him or her of a participation requirement. If the non‑receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;

(19) (blank);
(20) non‑comprehension of English, either written or

oral or both;

        (21) (blank);
        (22) (blank);
        (23) child care (or day care for an incapacitated

individual living in the same home as a dependent child) is necessary for the participation or employment and such care is not available for a child under age 13;

(24) failure to participate in an activity due to a

scheduled job interview, medical appointment for the participant or a household member, or school appointment;

(25) the individual is homeless. Homeless

individuals (including the family) have no current residence and no expectation of acquiring one in the next 30 days. This includes individuals residing in overnight and transitional (temporary) shelters. This does not include individuals who are sharing a residence with friends or relatives on a continuing basis;

(26) circumstances beyond the control of the

participant which prevent the participant from completing program requirements; or

        (27) (blank).
    (b) (Blank).
    (c) (1) The Department shall establish a reconciliation

procedure to assist in resolving disputes related to any aspect of participation, including exemptions, good cause, sanctions or proposed sanctions, supportive services, assessments, responsibility and service plans, assignment to activities, suitability of employment, or refusals of offers of employment. Through the reconciliation process the Department shall have a mechanism to identify good cause, ensure that the client is aware of the issue, and enable the client to perform required activities without facing sanction.

(2) A participant may request reconciliation and

receive notice in writing of a meeting. At least one face‑to‑face meeting may be scheduled to resolve misunderstandings or disagreements related to program participation and situations which may lead to a potential sanction. The meeting will address the underlying reason for the dispute and plan a resolution to enable the individual to participate in TANF employment and work activity requirements.

(2.5) If the individual fails to appear at the

reconciliation meeting without good cause, the reconciliation is unsuccessful and a sanction shall be imposed.

(3) The reconciliation process shall continue after

it is determined that the individual did not have good cause for non‑cooperation. Any necessary demonstration of cooperation on the part of the participant will be part of the reconciliation process. Failure to demonstrate cooperation will result in immediate sanction.

(4) For the first instance of non‑cooperation, if

the client reaches agreement to cooperate, the client shall be allowed 30 days to demonstrate cooperation before any sanction activity may be imposed. In any subsequent instances of non‑cooperation, the client shall be provided the opportunity to show good cause or remedy the situation by immediately complying with the requirement.

(5) The Department shall document in the case record

the proceedings of the reconciliation and provide the client in writing with a reconciliation agreement.

(6) If reconciliation resolves the dispute, no

sanction shall be imposed. If the client fails to comply with the reconciliation agreement, the Department shall then immediately impose the original sanction. If the dispute cannot be resolved during reconciliation, a sanction shall not be imposed until the reconciliation process is complete.

(Source: P.A. 95‑331, eff. 8‑21‑07.)

    (305 ILCS 5/9A‑8)(from Ch. 23, par. 9A‑8)
    (Text of Section before amendment by P.A. 96‑866)
    Sec. 9A‑8. Operation of Program.

(a) At the time of application or redetermination of eligibility under Article IV, as determined by rule, the Illinois Department shall provide information in writing and orally regarding the education, training and employment program to all applicants and recipients. The information required shall be established by rule and shall include, but need not be limited to:

(1) education (including literacy training),

employment and training opportunities available, the criteria for approval of those opportunities, and the right to request changes in the personal responsibility and services plan to include those opportunities;

(1.1) a complete list of all activities that are

approvable activities, and the circumstances under which they are approvable, including work activities, substance abuse or mental health treatment, activities to escape and prevent domestic violence, caring for a medically impaired family member, and any other approvable activities, together with the right to and procedures for amending the responsibility and services plan to include these activities;

(1.2) the rules concerning the lifetime limit on

eligibility, including the current status of the applicant or recipient in terms of the months of remaining eligibility, the criteria under which a month will not count towards the lifetime limit, and the criteria under which a recipient may receive benefits beyond the end of the lifetime limit;

(2) supportive services including child care and the

rules regarding eligibility for and access to the child care assistance program, transportation, initial expenses of employment, job retention, books and fees, and any other supportive services;

(3) the obligation of the Department to provide

supportive services;

(4) the rights and responsibilities of participants,

including exemption, sanction, reconciliation, and good cause criteria and procedures, termination for non‑cooperation and reinstatement rules and procedures, and appeal and grievance procedures; and

(5) the types and locations of child care services.

(b) The Illinois Department shall notify the recipient in writing of the opportunity to volunteer to participate in the program.

(c) (Blank).

(d) As part of the personal plan for achieving employment and self‑sufficiency, the Department shall conduct an individualized assessment of the participant's employability. No participant may be assigned to any component of the education, training and employment activity prior to such assessment. The plan shall include collection of information on the individual's background, proficiencies, skills deficiencies, education level, work history, employment goals, interests, aptitudes, and employment preferences, as well as factors affecting employability or ability to meet participation requirements (e.g., health, physical or mental limitations, child care, family circumstances, domestic violence, substance abuse, and special needs of any child of the individual). As part of the plan, individuals and Department staff shall work together to identify any supportive service needs required to enable the client to participate and meet the objectives of his or her employability plan. The assessment may be conducted through various methods such as interviews, testing, counseling, and self‑assessment instruments. In the assessment process, the Department shall offer to include standard literacy testing and a determination of English language proficiency and shall provide it for those who accept the offer. Based on the assessment, the individual will be assigned to the appropriate activity. The decision will be based on a determination of the individual's level of preparation for employment as defined by rule.

(e) Recipients determined to be exempt may volunteer to participate pursuant to Section 9A‑4 and must be assessed.

(f) As part of the personal plan for achieving employment and self‑sufficiency under Section 4‑1, an employability plan for recipients shall be developed in consultation with the participant. The Department shall have final responsibility for approving the employability plan. The employability plan shall:

(1) contain an employment goal of the participant;
(2) describe the services to be provided by the

Department, including child care and other support services;

(3) describe the activities, such as component

assignment, that will be undertaken by the participant to achieve the employment goal; and

(4) describe any other needs of the family that

might be met by the Department.

    (g) The employability plan shall take into account:
        (1) available program resources;
        (2) the participant's support service needs;
        (3) the participant's skills level and aptitudes;
        (4) local employment opportunities; and
        (5) the preferences of the participant.

(h) A reassessment shall be conducted to assess a participant's progress and to review the employability plan on the following occasions:

(1) upon completion of an activity and before

assignment to an activity;

(2) upon the request of the participant;
(3) if the individual is not cooperating with the

requirements of the program; and

(4) if the individual has failed to make

satisfactory progress in an education or training program.

    Based on the reassessment, the Department may revise the employability plan of the participant.
(Source: P.A. 93‑598, eff. 8‑26‑03.)

    (Text of Section after amendment by P.A. 96‑866)
    Sec. 9A‑8. Operation of Program.

(a) At the time of application or redetermination of eligibility under Article IV, as determined by rule, the Illinois Department shall provide information in writing and orally regarding the education, training and employment program to all applicants and recipients. The information required shall be established by rule and shall include, but need not be limited to: