Legislative Session Dominated by State Budget Deficit

Mental Health and DD Services Survive Cuts

The 2002 spring session of the Illinois General Assembly was dominated by debate over ways to eliminate the state budget deficit of more than $1 billion. Spending for mental health and developmental disability services was initially targeted for substantial cuts, but fortunately, funding for key disability programs was restored to its original levels in the final budget.

Prepared by Equip for Equality's Legislative Policy Director Murray Manus, a summary of the many important issues affecting the disability community that were considered in this session by the General Assembly follows:

Waiver of Illinois Sovereign Immunity in Stalemate

House Bill 3772, sponsored by Rep. Barbara Flynn Currie (D-Chicago) and Sen. Kathleen Parker (R-Northbrook), would have waived Illinois' sovereign immunity to permit lawsuits to be brought against the state by state employees for money damages in federal court under the Americans with Disabilities Act (ADA) and other specified laws. Sovereign immunity is a doctrine that prevents states from being sued without their consent.

This bill evolved out of necessity when the U.S. Supreme Court's recent decision in the Garrett case held that ADA employment discrimination suits for money damages against a state by its employees with disabilities could not be filed unless the state agreed to permit itself to be sued by waiving its sovereign immunity. Illinois had not previously waived its immunity to permit suits of this nature under the ADA, and House Bill 3772 would have accomplished this result.

Equip for Equality strongly supported House Bill 3772, working closely with the Illinois Chapter of the American Civil Liberties Union, the bill's major proponent. Regrettably, after it passed the House, the bill was not reported out of the Senate Rules Committee. EFE will continue to advocate for a waiver of sovereign immunity in the next session of the General Assembly so that state employees with disabilities will be able to enforce their legal rights under the ADA.

Illinois Inaction on Olmstead

The U.S. Supreme Court issued its decision in the Olmstead case in June 1999. Briefly, the case held that it was discrimination under the ADA to unjustifiably maintain persons with disabilities in an institutional setting when they wanted to live in the community and could do so with appropriate support services. The Court also stated that placing these individuals in the community would have to be reasonably accommodated with the resources available to the state and the needs of others receiving state-supported services.

Since the time of that decision - more than three years ago - Illinois has yet to take significant action to comply with the Court's mandate. As in prior legislative sessions, several Olmstead bills were introduced in the General Assembly but none passed. It is hoped that continued advocacy by the disability community with the new governor and legislature will result in a stronger commitment on the part of the state to implement the Olmstead decision.

"In the few weeks remaining before the November election, it is particularly important to contact all candidates for elective office and let them know that the issue of unnecessarily institutionalizing people with disabilities is a critical one that must be addressed," says EFE Public Policy Director Marsha Koelliker.

Special Education Teacher Shortage Creates Certification Issue

Senate Bill 1843 required the State Teacher Certification Board to issue temporary special education teacher certificates for a three-year period to meet the shortage of special education teachers. Individuals who were granted these certificates had to hold a valid substitute teacher's certificate and be enrolled in an approved special education teacher preparation program, among other requirements.

Equip for Equality and other disability advocates expressed concerns that the bill would permit individuals to teach special education students without proper qualifications. Several organizations involved in special education opposed the bill and it failed to pass. The shortage of special education teachers is a serious problem that still needs to be addressed, but the issue is a complicated one that does not lend itself to simple solutions.

Law Mandates Emergency Evacuation Plan for People with Disabilities

The General Assembly passed and the Governor signed into law the Emergency Evacuation Plan for People with Disabilities Act. The Act requires owners of high-rise buildings to establish a plan to evacuate people with disabilities in an emergency, when those individuals have notified the owner that they need assistance. The Act exempts from its requirements any municipality with a population over 1 million that has adopted its own emergency evacuation plan as of the law's effective date. Given this population requirement, Chicago is the only city in Illinois that would qualify for this exemption.

State Budget Woes Impact Disability Funding

Even though the state experienced one of the worst budget crises in its history, the disability community fared relatively well, thanks to the efforts of disability advocates and the support of so many members of the General Assembly.

Originally, the Governor proposed a 5 percent across-the-board cut in funding for the 2003 fiscal year budget, which commenced on July 1, 2002. It would have impacted all community mental health and developmental disability programs. The budget also targeted cuts for specific programs. The proposed budget eliminated a 2 percent annual cost-of-doing-business increase for community mental health providers scheduled to begin on July 1, which had been approved in the previous legislative session. The Governor also cancelled a 0.5 percent cost-of-doing-business increase for community mental health providers, which was supposed to take effect in April 2002.

Mental Health Rally at State Capitol Helps Swing Support

Equip for Equality's Legislative Policy Director and many other disability advocates worked long and hard for many months to ensure that these proposed spending cuts were restored to the budget. As part of these efforts, more than 1,000 people participated in a mental health rally on the steps of the Capitol on May 8, 2002.

Busloads of people from all over the state made the journey to Springfield to voice their opposition to the Governor's proposals. Senators Kathleen Parker (R-Northbrook), Donne Trotter (D-Chicago) and Debbie Halvorson (D-Crete), along with Representatives Lou Lang (D-Skokie), Patti Bellock (R-Hinsdale), Mary Flowers (D-Chicago) and Patricia Lindner (R-Aurora) all spoke at the rally to show their support for providing necessary funding for the mental health system in this state.

This concerted effort plus extensive media coverage paid great dividends, because the budget that was finally approved by the General Assembly and sent to the Governor restored all funding for community programs for people with disabilities, as well as the cost-of-doing-business increase for mental health providers. Unfortunately, the Governor vetoed the latter and the legislature failed to override his veto.

As a result, the restoration of programmatic cuts was included in the final budget, but community mental health agencies will not receive any additional state funding. Because of insufficient state financial support, many providers had already been forced to cut back mental health programs and reduce staff levels. The state's failure to fund a cost-of-doing-business increase will make it even more difficult for these agencies to provide quality services to their constituents.

The final state budget requires the closing or downsizing of several state institutions serving people with mental illness and/or developmental disabilities. On the mental health side, Zeller Mental Health Center will be closed, while the combined census at Alton and Elgin Mental Health Centers is to be reduced by more than 100 beds. Of the savings from these measures, approximately $20 million will go to community hospital and outpatient mental health services.

The overall budget for the remaining state mental health facilities was reduced to a level that will likely result in layoffs of hospital staff. In addition, the funding for medications in state hospitals was reduced, which could restrict the availability of certain medications for the treatment of mental illness. With regard to developmental disability facilities, that part of Singer Mental Health and Developmental Disabilities Center that serves people with developmental disabilities will close, and the expected savings will be used to fund 23 new CILA (Community Integrated Living Arrangements) slots. Also, some of the savings from the closing of Lincoln Developmental Center will pay for 68 CILA openings.

The budget additionally provides for 110 new emergency CILAs. According to the Illinois Office of Developmental Disabilities, there will also be 200 "conversions" from Intermediate Care Facilities to CILAs for people with developmental disabilities and the creation of 100 new CILAs resulting from people moving out of state institutions.

Vigilance Crucial to Thwart Future Cuts

Unfortunately, it appears as of this writing that the state's fiscal problems have not been resolved. It is conceivable that the current budget might be cut back in the months to come and that the fiscal year 2004 budget (beginning July 1, 2003) might also contain new spending reductions. Equip for Equality will continue to be proactive together with other disability advocates to try to ensure that any new spending reductions will not impact programs and services for people with disabilities. There is already a yellow light on the horizon that could put these programs and services in peril.

In order to balance the fiscal year 2003 budget, the tax on the gaming industry in Illinois was increased, which is intended to provide hundreds of millions of dollars in additional revenue to the state. It has recently been reported in the press that representatives of the gaming industry met with Gov. Ryan to discuss rescinding that tax increase during the November veto override session of the General Assembly. If any or all of the tax increase is rescinded, Equip for Equality will make every effort to ensure that the shortfall of projected revenue will not affect programs or services for people with disabilities. =

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