Plaintiffs are individuals with developmental disabilities living at home or in intermediate care facilities for the developmentally disabled (“ICF-DD”) who want to live in community integrated living arrangements (“CILAs) or other community settings. The intervenors are individuals with developmental disabilities living in ICF-DDs and want to remain in those facilities. Plaintiffs and intervenors assert that the State is in violation of the Consent Decree by failing to provide resources of sufficient quality, scope, and variety to provide developmentally disabled individuals with community-integrated care to the highest degree possible. The plaintiffs and intervenors must demonstrate a violation of the court order by clear and convincing evidence.
Since the United States Supreme Court’s decision in Olmstead v. L.C. ex rel. Zimring, “[s]tates are required to provide community-based treatment for persons with mental disabilities when the State’s treatment professionals determine that such placement is appropriate, the affected persons do not oppose such treatment, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities.” 527 U.S. 581, 607 (1999). In Section 4 of the 2011 Consent Decree at issue here, Illinois committed to providing these services.
Plaintiffs and intervenors presented evidence in the form of a report by economist, Elizabeth T. Powers, declarations from ICF-DD and CILA providers, and representatives of developmentally disabled individuals impacted by the Consent Decree. The State pays private organizations with state and federal money to provide CILA and ICF-DD services. In Illinois, approximately 11,000 individuals with developmental disabilities live in CILAs and 5,000 in ICF-DDs. The evidence presented demonstrates that the actual costs of operating CILA and ICF-DD facilities has increased substantially since the entry of the Consent Decree and wages for Direct Support Professionals (“DSPs”) has stagnated causing a staffing crisis that is inhibiting care and negatively impacting the individuals protected by the Consent Decree.
Defendants assert that the provision of services has not been reduced by the State and thus the State contends that it remains in substantial compliance. Further, defendants assert that the FY 2018 budget allocates an additional $53.4 million to these services. Plaintiffs’ economist, Powers, advises that a 25% wage increase for DSPs would reduce turnover by a third. Defendants contend that such an increase is not financially feasible considering the State is facing $14 billion in bills that are in arrears after the two year budget impasse.
Relying on O.B. v. Norwood, 838 F.3d 837 (7th Cir. 2016), defendants argue that this Court is does not have the authority to order an increase in wages. This Court agrees. In that case, the Seventh Circuit Court of Appeals stated that “if the shortage is of nurses willing to work at the reimbursement rates set by HFS, we could not order the agency to eliminate the shortage by raising those rates.” O.B., 838 F.3d at 842. Plaintiffs and intervenors seemed to recognize this limitation, albeit reluctantly, asserting instead that the relief they are seeking is a plan from defendants to bring the State into compliance with the Consent Decree.
At the hearing, the Court also heard from the Court Monitor, who reports that defendants are not in substantial compliance with the Consent Decree. The Monitor reports that budget impasse of the preceding two years has resulted in a tangible reduction of services to plaintiffs and intervenors due to the rising costs and frozen funding. Moreover, the State has not presented any plan for compliance beyond a $0.75 hourly wage increase for DSPs for FY2018 (from the allocation of $53.4 million in the new budget). […]
Accordingly, this Court finds that defendants are not in compliance with the Consent Decree by failing to provide the resources of sufficient quality, scope, and variety based on the ample evidence presented to the Court that individuals protected by the decree have experienced a reduction of services and have suffered substantially as a result. The dire financial situation of the State of Illinois and the attendant competing demands for resources are not lost on the Court. The Court directs that State to devise a plan to address the issues causing the reduction in services and to bring the State into substantial compliance.
So, no specific actions ordered, but a demand issued that the General Assembly and the governor come up with a plan. Not gonna be cheap. I’ll open comments when I reopen the blog on Sunday.
…Adding… Press release…
Disability consultant Ed McManus applauded the ruling. McManus operates a Wilmette-based consulting firm representing 30 provider agencies around the state.
“The State agreed six years ago to provide good services to our vulnerable people with developmental disabilities, but it has failed to do so,” McManus said. “The plaintiffs’ lawyers were able to show the court how serious the situation is—there is a severe staff shortage because providers can’t afford to pay workers decent wages. Hopefully the State will start to meet their obligations.”
MORE Insider Support for Pritzker
Pritzker Gets Endorsement of Most Crooked Organization in IL Politics
No group in Illinois politics reeks of crooked insider dealing more than the Cook County Democratic Party.
Just last month, the Chicago Tribune exposed how Mike Madigan-ally Joe Berrios, the Cook County Assessor and Chair of the Cook County Democratic Party, runs what is essentially a property tax racket – giving the wealthy huge tax breaks at the expense of low-income Cook county residents.
The billionaire has gotten nearly a quarter million dollars back in property tax breaks and refunds from Joe Berrios, taking money from Chicago Public Schools and other city services by claiming that a $3.7 million Chicago mansion is “uninhabitable”.
It’s no surprise that Joe Berrios would endorse J.B. Pritzker – they’re two crooked Chicago insiders cut from the same cloth.
After all, billionaire J.B. Pritzker has proven he’s willing to play along with Berrios’ property tax schemes and profit from Cook County’s unjust property tax system.
Whew.
*** UPDATE 1 *** Sen. Daniel Biss…
“Today’s endorsement, while not surprising, was a vote for more of the same. More backroom deals and more closed door coronations to replace one billionaire with another. For far too long, families like mine have felt the pain of a system rigged against us, and we’re ready to choose something new. Today’s vote doesn’t change that.”
*** UPDATE 2 *** Chris Kennedy…
“Today I asked the Cook County Democratic Party for an open primary to bring our state and our Party into the 21st century and let the voters decide the outcome of this election. It turns out the Cook County Democratic Party is more interested in preserving the status quo. So, in the backroom of a restaurant, they anointed their choice for governor.
Democracy only works when everyone can participate in the process. I will never stop fighting until our state government is working for the people. I will run a campaign that will take this decision about Illinois’ future from the backroom to voting booths across our state, and Democratic primary voters in Illinois will send a message that they want radical change.”
It is still very early in the race for Governor of Illinois and it is one that will require endurance. It is only August 11th. I will continue to work hard everyday and remind the people of this great state that they have a choice. There is a downstate candidate that knows what hard work is and is not afraid of challenges. Cook counties endorsement was not a surprise and we will move forward as planned.
* Related…
* Sun-Times: J.B. Pritzker gets Cook County Democrats’ endorsement for governor
As school districts across the state issue uncertain budgets in the shadow of Governor Rauner’s veto of historic education funding reform, today CPS published a budget that will maintain critical investments that are helping students reach new academic heights.
“Every district in Illinois is facing unnecessary – and unconscionable – uncertainty about how much funding they will receive from the State, thanks to Governor Rauner’s veto of a historical education funding reform bill,” said CPS CEO Forrest Claypool. “Despite this uncertainty, CPS schools will open on time and stay open – a statement that, unfortunately, many other districts cannot make. Let no one forget the single most important part of this debate: ensuring that all students have the resources to get the education they deserve. That is at the heart of this debate. And it is at the heart of all our work.”
Today, CPS is releasing a $5.7 billion budget framework that outlines how the district will move forward to ensure that Chicago’s children can continue their blazing academic progress. When the dust has cleared in Springfield, like many other districts, CPS will release a budget that incorporates any changes or revisions required, if necessary at that time.
This budget assumes that the State will enact education funding reform along the lines of Senate Bill 1, which is the only evidence-based funding model that has won approval from the General Assembly. Under this model, 268 districts would receive more money per pupil than Chicago. CPS would receive $300 million in additional funding in FY18, despite the fact that independent fact checkers say that if Chicago students were treated equally, CPS should receive $500 million.
This budget also assumes that CPS will receive an additional $269 million in local resources to address its remaining budget gap, and is working with the City of Chicago to identify potential sources.
Indeed, 855 districts’ budgets are in limbo and many districts are in jeopardy because Governor Rauner refuses to acknowledge that his politically motivated claims about a CPS bailout are categorically false, as proven time and again by independent fact checkers.
This budget will build on management reforms and efficiencies that have saved hundreds of millions of dollars and allowed more resources to be directed to classrooms, where they matter most. Over the past two years, this administration has made significant strides in managerial and administrative efficiencies, creating structural budget savings of $145 million, including closing roughly a quarter of the positions in Central Office.
In addition, in FY18, CPS will continue its previously announced capital projects, as well as investing $139 million more to make critical facility repairs.
The proposed FY18 budget will be made available for public comment the week of Aug. 21, when the district will hold four meetings to discuss the budget and proposed capital plans. Capital hearings will be held Aug. 21 at three locations from 6 to 8 p.m. Registration begins at 5 p.m., and locations will be announced shortly. Budget Hearings will be held Aug. 23 at CPS, 42 W. Madison. Hearings will be held at 12:30 and 3:30 p.m.
The final budget is expected to be presented to the Board for a vote at its August meeting, which is scheduled for August 28.
For additional information on the FY18 budget, an extensive budget book is attached to this release. The same information will be available at www.cps.edu/budget later today.
There was no “extensive budget book” attached, however.
* The Tribune’s Kristen McQueary has defended Gov. Rauner time and time again over the past two and a half years. She even said not long ago that she sometimes “felt as an editorial writer that I was telling stories that his people should’ve been telling.”
When Illinois legislators return to Springfield to address school funding reform, they should override Gov. Bruce Rauner’s amendatory veto of the bill or pass a new version with a veto-proof majority.
In summary: Rauner botched this one.
The governor has not made, and cannot seem to make, a compelling case for the breadth and scope of his changes to a bill that represented a decade of research on a broken school funding formula. Instead he has delivered only mixed messages and tumult.
Rather than use a scalpel on the bill as he and his education secretary, Beth Purvis, signaled he would do, Rauner used a cleaver. […]
Continually, Rauner’s focus seems to be at the wrong end: protecting wealthy school districts from losing what they have instead of advocating for low-income school districts and what they need.
Ugh. I sure hope he’s going to be OK. I’ll let you know if there are any official updates.
…Adding… The press release announcing the ribbon cutting included a quote from Director Poe that was obviously written before the event, but no update on his condition.
Illinois Department of Agriculture Director Raymond Poe said he is OK after taking a tumble during Thursday’s ribbon-cutting ceremony to open the Illinois State Fair.
Poe was standing in a line with Gov. Bruce Rauner, Mayor Jim Langfelder and several other officials holding the blue ribbon in front of the Main Gate as Rauner clipped the ribbon.
As the crowd applauded Poe turned around and apparently lost his balance and fell backward.
Cook County’s sweetened beverage tax could land the state in hot water with the feds, resulting in roughly $87 million in federal food stamp money being withheld if the problem isn’t fixed, Illinois officials said Thursday.
The problem: While Cook County has informed retailers that purchases made with federal food stamp benefits are exempt from the soda tax under federal law, it’s also allowed retailers to tax those purchases and provide refunds as a workaround for stores that haven’t been able to properly update their point-of-sale systems.
As a result, the U.S. Department of Agriculture’s Food and Nutrition Services, the federal agency overseeing the food stamp program — officially known as the Supplemental Nutrition Assistance Program, or SNAP — earlier this week warned the Illinois Department of Human Services that federal money could be withheld. The state passed along that warning to the county on Wednesday.
*** UPDATE 1 *** The US Department of Agriculture’s letter to IDHS reveals that it “advised Cook County via phone call on on June 28, 2017 that this option for managing the tax was unacceptable.” Click here to read the letter.
A spokesman for the Illinois Retail Merchants Association says IRMA also told the county this same thing and used it as part of its lawsuit.
*** UPDATE 2 *** From the county president’s office…
The Cook County Department of Revenue has been in collaboration with the retail community since the approval of the Sweetened Beverage Tax last November. We have worked with the retail community to address their concerns and have implemented regulations to provide further guidance.
The regulation addressing Sweetened Beverage purchases made with SNAP benefits was put in place to further address the tax-exempt nature of sweetened beverage purchases made with SNAP benefits. In drafting the regulation, the Department of Revenue discussed the regulation changes with the USDA on June 27th. After speaking with USDA on June 27th, the County was not aware that Regulation 2017-3 was unacceptable. We believed that USDA was taking our regulations under consideration and would communicate back with the County if there was a concern.
If we were specifically told that the Regulation 2017-3 was unacceptable, we would have worked with USDA, just as we had been doing since January, to further modify as needed. It was never our intention in drafting the sweetened beverage regulations to put federal SNAP funding for the state in jeopardy, nor do we think Regulation 2017-3 jeopardizes the State’s participation in SNAP. At this time, we believe we are in compliance with existing SNAP rules. We do however recognize that USDA’s powers against the State in this regard are substantial and we will work collaboratively with both the State and USDA to address USDA’s concerns.
* I think if I had to choose a running mate for Pritzker, or any other Democratic gubernatorial candidate for that matter, it would be Rep. Stratton (D-Chicago).
1) She’s a woman, obviously. It’s an all-male field right now and lots more females vote in Democratic primaries than men.
2) She’s an African-American female. African-Americans make up a huge chunk of the Democratic primary electorate and black women are the party’s most hardcore of hardcore supporters.
3) She’s relatively new to politics. Rep. Stratton hasn’t really been around long enough to do something stupid or ethically questionable.
4) She works hard and she’s already vetted. Remember, she was the victor of an incredibly hard-fought, multi-million-dollar Democratic primary last year against Rep. Ken Dunkin. She was tireless, and if there was something there, we’d probably already know about it.
5) She was personally endorsed by President Barack Obama in the 2016 primary. How many Illinois lt. governor candidates can say that?
6) She’s smart, is an accomplished public speaker and has an engaging personality. Nuff said.
All of those advantages in the primary can also be applied to the general.
Yeah, she was backed by Speaker Madigan against Dunkin, but Pritzker is going to be tagged as the Madigan candidate no matter what, so does it really matter?
And, yeah, she’s a “Chicago Democrat.” That will help in the primary, but could have an impact in the general. Even so, Pat Quinn failed to adequately turn out the city and he lost.
Anyway, maybe I’m wrong. Correct me if you think I am. I’m all ears.
…Adding… Something else to consider for the primary is that SEIU and AFSCME were huge supporters of her race against Dunkin last year. Neither of those unions have yet made an endorsement and they aren’t exactly big fans of billionaires. So, she at least gives Pritzker a shot with them.
Does this win the primary for Pritzker? Of course not. There’s a long way to go, campers, but she’s a solid choice all around.
* Related…
* Sneed: Pritzker poised to get Cook County Dems’ endorsement for gov
* Lynn Sweet: Pritzker gets boost from Stratton pick for running mate: Though Obama is not expected to get tangled up in the large field running for Illinois governor, the Pritzker/Stratton ticket can certainly talk about – it would be political malpractice if they did not – the the Obama endorsement for Stratton that helped her defeat now-former State Rep. Ken Dunkin, D-Chicago in March 2016.
*** UPDATE *** The campaign has released a new video…
