Text: SSB02138 Text: SSB02140 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 thestate board for vocational education1 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 underchapterschapter 258and 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 34The state board of education is the board for vocational1 35education 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 boardfor vocationalof 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 includingbut not limited to, the use of public agencies and2 26community rehabilitation programs as practicable in securing2 27employment forthose 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 32operation, or maintenanceof 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 theboarddirector 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 theboard for vocational education3 24 director of the department of education and thesecretary of3 25the United States department of health and human services3 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 LSB 3377SC 76 4 30 rn/cf/24
Text: SSB02138 Text: SSB02140 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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