Text: HSB00730                          Text: HSB00732
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 731

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 85.70, Code 1995, is amended to read as
  1  2 follows:
  1  3    85.70  ADDITIONAL PAYMENT FOR ATTENDANCE.
  1  4    An employee who has sustained an injury resulting in
  1  5 permanent partial or permanent total disability, for which
  1  6 compensation is payable under this chapter, and who cannot
  1  7 return to gainful employment because of such disability, shall
  1  8 upon application to and approval by the industrial
  1  9 commissioner be entitled to a twenty-dollar weekly payment
  1 10 from the employer in addition to any other benefit payments,
  1 11 during each full week in which the employee is actively
  1 12 participating in a vocational rehabilitation program
  1 13 recognized by the state board for vocational education
  1 14 vocational rehabilitation services division of the department
  1 15 of education.  The industrial commissioner's approval of such
  1 16 application for payment may be given only after a careful
  1 17 evaluation of available facts, and after consultation with the
  1 18 employer or the employer's representative.  Judicial review of
  1 19 the decision of the industrial commissioner may be obtained in
  1 20 accordance with the terms of the Iowa administrative procedure
  1 21 Act and in section 86.26.  Such additional benefit payment
  1 22 shall be paid for a period not to exceed thirteen consecutive
  1 23 weeks except that the industrial commissioner may extend the
  1 24 period of payment not to exceed an additional thirteen weeks
  1 25 if the circumstances indicate that a continuation of training
  1 26 will in fact accomplish rehabilitation.
  1 27    Sec. 2.  Section 256.7, subsection 2, Code 1995, is amended
  1 28 to read as follows:
  1 29    2.  Constitute the state board for vocational education
  1 30 under chapters chapter 258 and 259.
  1 31    Sec. 3.  Section 259.3, Code 1995, is amended to read as
  1 32 follows:
  1 33    259.3  BOARD AND DIVISION.
  1 34    The state board of education is the board for vocational
  1 35 education under this chapter.  The division of vocational
  2  1 rehabilitation services is established in the department of
  2  2 education.  The director of the department of education shall
  2  3 cooperate with the United States secretary of education in
  2  4 carrying out the federal law cited in sections 259.1 and 259.2
  2  5 providing for the vocational rehabilitation of individuals
  2  6 with disabilities.  The board for vocational of education
  2  7 shall adopt rules under chapter 17A for the administration of
  2  8 this chapter.
  2  9    Sec. 4.  Section 259.4, subsections 3, 4, 5, 8, 9, 12, and
  2 10 13, Code 1995, are amended by striking the subsections.
  2 11    Sec. 5.  Section 259.4, subsection 6, Code 1995, is amended
  2 12 to read as follows:
  2 13    6.  Utilize in the rehabilitation of individuals with
  2 14 disabilities existing educational and other facilities as are
  2 15 advisable and practicable, including public and private
  2 16 educational institutions, community rehabilitation programs,
  2 17 public or private establishments, plants, factories, and the
  2 18 services of individuals specially qualified for the
  2 19 instruction and vocational rehabilitation of individuals with
  2 20 disabilities.
  2 21    Sec. 6.  Section 259.4, subsection 11, Code 1995, is
  2 22 amended to read as follows:
  2 23    11.  Do those things necessary to secure the rehabilitation
  2 24 of those individuals entitled to the benefits of this chapter,
  2 25 including but not limited to, the use of public agencies and
  2 26 community rehabilitation programs as practicable in securing
  2 27 employment for those individuals with severe disabilities.
  2 28    Sec. 7.  Section 259.4, subsection 15, Code 1995, is
  2 29 amended to read as follows:
  2 30    15.  Provide financial and other necessary assistance to
  2 31 public or private agencies in the development, or expansion,
  2 32 operation, or maintenance of community rehabilitation
  2 33 programs, or programs in other public agencies, needed for the
  2 34 rehabilitation of individuals with disabilities.
  2 35    Sec. 8.  Section 259.5, Code 1995, is amended by striking
  3  1 the section and inserting in lieu thereof the following:
  3  2    259.5  REPORT TO GOVERNOR.
  3  3    The division shall report biennially to the governor the
  3  4 condition of vocational rehabilitation within the state,
  3  5 designating the educational institutions, establishments,
  3  6 plants, factories, and other agencies in which training is
  3  7 being given, and include a detailed statement of expenditures
  3  8 of the state and federal funds in the rehabilitation of
  3  9 individuals with disabilities.
  3 10    Sec. 9.  Section 259.7, Code 1995, is amended to read as
  3 11 follows:
  3 12    259.7  FUND.
  3 13    All the moneys received as gifts or donations shall be
  3 14 deposited in the state treasury and shall constitute a
  3 15 permanent fund to be called the special fund for the
  3 16 vocational rehabilitation of individuals with disabilities, to
  3 17 be used by the board director of the department of education
  3 18 in carrying out the provisions of this chapter or for related
  3 19 purposes.
  3 20    Sec. 10.  Section 259.9, Code 1995, is amended to read as
  3 21 follows:
  3 22    259.9  AGREEMENT CONTINUED.
  3 23    The agreement between the board for vocational education
  3 24 director of the department of education and the secretary of
  3 25 the United States department of health and human services
  3 26 commissioner of the United States social security
  3 27 administration relating to making determinations of disability
  3 28 under Title II and Title XVI of the federal Social Security
  3 29 Act as amended, 42 U.S.C. ch. 7, completed prior to July 1,
  3 30 1986 remains in effect.  
  3 31                           EXPLANATION
  3 32    This bill provides for the operation of the division of
  3 33 vocational rehabilitation services of the department of
  3 34 education in a manner consistent with the most recently
  3 35 amended version of the federal Rehabilitation Act of 1973.
  4  1    The federal Act no longer requires that the vocational
  4  2 rehabilitation division be coordinated with the board of
  4  3 vocational education.  Previously, the board of education met
  4  4 as the board of vocational education in establishing rules
  4  5 relating to the operation of the division.  Provisions in
  4  6 chapter 259 regarding the coordination between the vocational
  4  7 rehabilitation division and the board of vocational education
  4  8 are accordingly removed, as are related references in section
  4  9 85.70 and section 256.7, subsection 2.
  4 10    Provisions in section 259.4 concerning duties of the
  4 11 vocational rehabilitation division relating to formulating and
  4 12 implementing written rehabilitation programs, conducting
  4 13 studies of the needs of individuals with disabilities in
  4 14 coordination with other state agencies, maintaining records,
  4 15 supervision of the progress of individuals with disabilities,
  4 16 and placement services relating to competitive, integrated
  4 17 employment are deleted.  These provisions are addressed in the
  4 18 federal Act and related regulations, and have required
  4 19 amendment every time an amendment to the federal Act or
  4 20 regulations occurred.  In addition, a general duty to do what
  4 21 is necessary to secure the rehabilitation of those entitled to
  4 22 the benefits of the chapter is extended to include individuals
  4 23 with severe disabilities.
  4 24    The bill also deletes a provision in section 259.5 relating
  4 25 to a plan for cooperation between the division of vocational
  4 26 rehabilitation and the state labor commissioner and state
  4 27 industrial commissioner which is no longer required by the
  4 28 federal Act.  
  4 29                      BACKGROUND STATEMENT
  4 30                     SUBMITTED BY THE AGENCY
  4 31    Most of the major language changes relating to section
  4 32 259.4, as contained in the bill, remove provisions of the
  4 33 federal Rehabilitation Act of 1973 (now amended).  Eliminating
  4 34 specific language contained in the federal Act and related
  4 35 regulations from the Iowa law will mean that chapter 259 will
  5  1 not need to be amended each time the federal Rehabilitation
  5  2 Act is amended.  Other wording changes are meant to clarify
  5  3 intent.
  5  4    The federal Rehabilitation Act no longer requires a tie-in
  5  5 with the board of vocational education.  Consequently, the
  5  6 board of education need not meet as the board of vocational
  5  7 education when considering rules pertaining to the division of
  5  8 vocational rehabilitation services.  Appropriate changes are
  5  9 made to sections 259.3, 259.5, and 259.9 to reflect this.  
  5 10 LSB 3377DP 76
  5 11 rn/cf/24
     

Text: HSB00730                          Text: HSB00732
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