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House
File
289
-
Introduced
HOUSE
FILE
289
BY
TUREK
A
BILL
FOR
An
Act
transferring
the
division
of
vocational
rehabilitation
1
services
from
the
department
of
workforce
development
to
the
2
department
of
education.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
19B.2,
subsection
2,
Code
2025,
is
1
amended
to
read
as
follows:
2
2.
It
is
the
policy
of
this
state
to
permit
special
3
appointments
by
bypassing
the
usual
testing
procedures
for
any
4
applicant
for
whom
the
division
of
vocational
rehabilitation
5
services
of
the
department
of
workforce
development
education
6
or
the
department
for
the
blind
has
certified
the
applicant’s
7
disability
and
competence
to
perform
the
job.
The
department
8
of
administrative
services,
in
cooperation
with
the
department
9
for
the
blind
and
the
division
of
vocational
rehabilitation
10
services,
shall
develop
appropriate
certification
procedures.
11
This
subsection
should
not
be
interpreted
to
bar
promotional
12
opportunities
for
persons
who
are
blind
or
persons
with
13
physical
or
mental
disabilities.
If
this
subsection
conflicts
14
with
any
other
provisions
of
this
chapter
,
the
provisions
of
15
this
subsection
govern.
16
Sec.
2.
Section
48A.19,
subsection
1,
paragraph
b,
17
subparagraph
(1),
subparagraph
division
(b),
Code
2025,
is
18
amended
to
read
as
follows:
19
(b)
Division
of
vocational
rehabilitation
services
of
the
20
department
of
workforce
development
education
.
21
Sec.
3.
Section
84A.1,
subsection
4,
Code
2025,
is
amended
22
by
striking
the
subsection.
23
Sec.
4.
Section
84A.1A,
subsection
1,
paragraph
a,
24
subparagraph
(6),
Code
2025,
is
amended
by
striking
the
25
subparagraph.
26
Sec.
5.
Section
84A.4,
subsection
2,
paragraph
b,
27
subparagraph
(4),
subparagraph
division
(a),
subparagraph
28
subdivision
(iii),
Code
2025,
is
amended
to
read
as
follows:
29
(iii)
The
members
shall
include
at
least
one
appropriate
30
representative
of
the
programs
carried
out
under
Tit.
I
of
31
the
federal
Rehabilitation
Act
of
1973,
as
codified
at
29
32
U.S.C.
§720
et
seq.,
relating
to
vocational
rehabilitation
33
services,
excluding
29
U.S.C.
§732
and
741,
serving
the
local
34
workforce
development
area
and
nominated
by
the
administrator
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of
the
division
of
vocational
rehabilitation
services
of
the
1
department
of
workforce
development
education
or
director
of
2
the
department
for
the
blind,
as
appropriate.
3
Sec.
6.
Section
84A.6,
subsection
3,
Code
2025,
is
amended
4
to
read
as
follows:
5
3.
The
director
of
the
department
of
workforce
development,
6
in
cooperation
with
the
department
of
health
and
human
services
7
and
the
vocational
rehabilitation
services
division
of
the
8
department
of
workforce
development
education
,
shall
establish
9
a
program
to
provide
job
placement
and
training
to
persons
with
10
disabilities.
11
Sec.
7.
Section
84B.1,
Code
2025,
is
amended
to
read
as
12
follows:
13
84B.1
Workforce
development
system.
14
The
departments
of
workforce
development,
education,
health
15
and
human
services,
and
corrections,
the
economic
development
16
authority,
the
division
of
Iowa
vocational
rehabilitation
17
services
of
the
department
of
workforce
development
education
,
18
and
the
department
for
the
blind
shall
collaborate
where
19
possible
under
applicable
state
and
federal
law
to
align
20
workforce
development
programs,
services,
and
activities
in
an
21
integrated
workforce
development
system
in
the
state
and
in
22
each
local
workforce
development
area
that
is
data
driven
and
23
responsive
to
the
needs
of
workers,
job
seekers,
and
employers.
24
The
departments,
authority,
and
division
shall
also
jointly
25
establish
an
integrated
management
information
system
for
26
linking
workforce
development
programs
within
local
workforce
27
development
systems
and
in
the
state.
28
Sec.
8.
Section
84B.2,
unnumbered
paragraph
1,
Code
2025,
29
is
amended
to
read
as
follows:
30
The
department
of
workforce
development,
in
consultation
31
with
the
departments
of
education,
health
and
human
services,
32
and
corrections,
the
economic
development
authority,
the
33
division
of
Iowa
vocational
rehabilitation
services
of
34
the
department
of
workforce
development
education
,
and
the
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department
for
the
blind
shall
establish
guidelines
for
1
colocating
state
and
federal
employment
and
training
programs
2
in
centers
providing
services
at
the
local
level.
The
3
centers
shall
be
known
as
workforce
development
centers.
The
4
guidelines
shall
provide
for
local
design
and
operation
within
5
the
guidelines.
The
core
services
available
at
a
center
shall
6
include
but
are
not
limited
to
all
of
the
following:
7
Sec.
9.
Section
84H.2,
Code
2025,
is
amended
to
read
as
8
follows:
9
84H.2
Custodian
of
funds.
10
1.
The
treasurer
of
state
is
custodian
of
moneys
received
11
by
the
state
from
appropriations
made
by
the
Congress
of
the
12
United
States
for
the
vocational
rehabilitation
of
individuals
13
with
disabilities,
and
may
receive
and
provide
for
the
proper
14
custody
of
the
moneys
and
make
disbursement
of
the
moneys
upon
15
the
requisition
of
the
director
of
the
department
of
workforce
16
development
education
.
17
2.
The
treasurer
of
state
is
appointed
custodian
of
moneys
18
paid
by
the
federal
government
to
the
state
for
the
purpose
of
19
carrying
out
the
agreement
relative
to
making
determinations
20
of
disability
under
Tit.
II
and
Tit.
XVI
of
the
federal
Social
21
Security
Act
as
amended,
42
U.S.C.
ch.
7,
and
may
receive
22
the
moneys
and
make
disbursements
of
the
moneys
upon
the
23
requisition
of
the
director
of
the
department
of
workforce
24
development
education
.
25
Sec.
10.
Section
84H.3,
Code
2025,
is
amended
to
read
as
26
follows:
27
84H.3
Division
of
vocational
rehabilitation
services.
28
The
division
of
vocational
rehabilitation
services
is
29
established
in
the
department
of
workforce
development
30
education
.
The
director
of
the
department
of
workforce
31
development
education
shall
cooperate
with
the
United
States
32
secretary
of
education
in
carrying
out
the
federal
law
cited
33
in
sections
84H.1
and
84H.2
providing
for
the
vocational
34
rehabilitation
of
individuals
with
disabilities.
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Sec.
11.
Section
84H.7,
Code
2025,
is
amended
to
read
as
1
follows:
2
84H.7
Fund.
3
All
the
moneys
received
as
gifts
or
donations
shall
be
4
deposited
in
the
state
treasury
and
shall
constitute
a
5
permanent
fund
to
be
called
the
special
fund
for
the
vocational
6
rehabilitation
of
individuals
with
disabilities,
to
be
used
7
by
the
director
of
the
department
of
workforce
development
8
education
in
carrying
out
the
provisions
of
this
chapter
or
for
9
related
purposes.
10
Sec.
12.
Section
84H.8,
Code
2025,
is
amended
to
read
as
11
follows:
12
84H.8
Report
of
gifts.
13
A
report
of
all
gifts
and
donations
offered
and
accepted,
14
together
with
the
name
of
each
donor
and
the
amount
contributed
15
by
each
donor,
and
all
disbursements
from
the
special
fund
for
16
the
vocational
rehabilitation
of
individuals
with
disabilities
17
shall
be
submitted
biennially
to
the
governor
by
the
department
18
of
workforce
development
education
.
19
Sec.
13.
Section
84H.10,
Code
2025,
is
amended
to
read
as
20
follows:
21
84H.10
Rules.
22
The
department
of
workforce
development
state
board
23
of
education
shall
adopt
rules
under
chapter
17A
for
the
24
administration
of
this
chapter
.
25
Sec.
14.
Section
85.70,
subsection
1,
Code
2025,
is
amended
26
to
read
as
follows:
27
1.
An
employee
who
has
sustained
an
injury
resulting
28
in
permanent
partial
or
permanent
total
disability,
for
29
which
compensation
is
payable
under
this
chapter
other
than
30
an
injury
to
the
shoulder
compensable
pursuant
to
section
31
85.34,
subsection
2
,
paragraph
“n”
,
and
who
cannot
return
32
to
gainful
employment
because
of
such
disability,
shall
upon
33
application
to
and
approval
by
the
workers’
compensation
34
commissioner
be
entitled
to
a
one
hundred
dollar
weekly
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payment
from
the
employer
in
addition
to
any
other
benefit
1
payments,
during
each
full
week
in
which
the
employee
is
2
actively
participating
in
a
vocational
rehabilitation
program
3
recognized
by
the
vocational
rehabilitation
services
division
4
of
the
department
of
workforce
development
education
.
The
5
workers’
compensation
commissioner’s
approval
of
such
6
application
for
payment
may
be
given
only
after
a
careful
7
evaluation
of
available
facts,
and
after
consultation
with
the
8
employer
or
the
employer’s
representative.
Judicial
review
9
of
the
decision
of
the
workers’
compensation
commissioner
10
may
be
obtained
in
accordance
with
the
terms
of
the
Iowa
11
administrative
procedure
Act,
chapter
17A
,
and
in
section
12
10A.322
.
Such
additional
benefit
payment
shall
be
paid
for
a
13
period
not
to
exceed
thirteen
consecutive
weeks
except
that
14
the
workers’
compensation
commissioner
may
extend
the
period
15
of
payment
not
to
exceed
an
additional
thirteen
weeks
if
the
16
circumstances
indicate
that
a
continuation
of
training
will
in
17
fact
accomplish
rehabilitation.
18
Sec.
15.
Section
147.77,
subsection
1,
paragraph
c,
Code
19
2025,
is
amended
to
read
as
follows:
20
c.
The
economic
development
authority,
with
respect
to
rules
21
relating
to
the
certification
of
a
person
with
a
disability
22
for
the
purpose
of
the
targeted
small
business
program,
that
23
in
order
to
be
considered
a
person
with
a
disability
for
the
24
purpose
of
the
targeted
small
business
program,
the
person
must
25
qualify
and
receive
certification
as
having
a
disability
from
26
a
licensed
medical
physician
or
must
have
been
found
eligible
27
for
vocational
rehabilitation
services
by
the
department
28
of
workforce
development
education
,
division
of
vocational
29
rehabilitation
services,
or
by
the
department
for
the
blind.
30
Sec.
16.
Section
225C.23,
subsection
1,
Code
2025,
is
31
amended
to
read
as
follows:
32
1.
The
department,
the
division
of
special
education
33
of
the
department
of
education,
the
division
of
vocational
34
rehabilitation
services
of
the
department
of
workforce
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development
education
,
the
department
for
the
blind,
and
all
1
other
state
agencies
which
serve
persons
with
brain
injuries,
2
shall
recognize
brain
injury
as
a
distinct
disability
and
shall
3
identify
those
persons
with
brain
injuries
among
the
persons
4
served
by
the
state
agency.
5
Sec.
17.
Section
256.35A,
subsection
2,
paragraph
b,
Code
6
2025,
is
amended
to
read
as
follows:
7
b.
In
addition,
representatives
of
the
department
of
8
education,
the
division
of
vocational
rehabilitation
of
9
the
department
of
workforce
development
education
,
the
10
department
of
health
and
human
services,
the
Iowa
developmental
11
disabilities
council,
the
division
of
insurance
of
the
12
department
of
insurance
and
financial
services,
and
the
state
13
board
of
regents
shall
serve
as
ex
officio
members
of
the
14
advisory
council.
Ex
officio
members
shall
work
together
in
15
a
collaborative
manner
to
serve
as
a
resource
to
the
advisory
16
council.
The
council
may
also
form
workgroups
as
necessary
17
to
address
specific
issues
within
the
technical
purview
of
18
individual
members.
19
Sec.
18.
CODE
EDITOR
DIRECTIVE.
20
1.
The
Code
editor
is
directed
to
make
the
following
21
transfers:
22
a.
Section
84H.1
to
section
256.231.
23
b.
Section
84H.2
to
section
256.232.
24
c.
Section
84H.3
to
section
256.233.
25
d.
Section
84H.4
to
section
256.234.
26
e.
Section
84H.5
to
section
256.235.
27
f.
Section
84H.6
to
section
256.236.
28
g.
Section
84H.7
to
section
256.237.
29
h.
Section
84H.8
to
section
256.238.
30
i.
Section
84H.9
to
section
256.239.
31
j.
Section
84H.10
to
section
256.240.
32
2.
The
Code
editor
shall
correct
internal
references
in
the
33
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
34
enactment
of
this
section.
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3.
The
Code
editor
may
designate
sections
256.231
through
1
256.240,
as
enacted
in
this
Act,
as
new
subchapter
VIII
within
2
chapter
256,
entitled
“Division
of
Vocational
Rehabilitation
3
Services”.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
transfers
the
division
of
vocational
8
rehabilitation
services
from
the
department
of
workforce
9
development
to
the
department
of
education.
10
The
division
of
vocational
rehabilitation
services
11
is
responsible
for,
among
other
things,
administering
12
legislation
enacted
pursuant
to
the
federal
Rehabilitation
13
Act
of
1973
in
this
state,
administering
the
use
of
funds
14
provided
by
the
federal
government
and
this
state
for
the
15
vocational
rehabilitation
of
individuals
with
disabilities,
16
assisting
in
the
development
of
training
agencies
for
the
17
vocational
rehabilitation
of
individuals
with
disabilities,
18
helping
to
secure
the
rehabilitation
of
individuals
with
19
significant
disabilities,
providing
rehabilitation
services
to
20
individuals
with
significant
disabilities
who
are
homebound,
21
and
administering
the
entrepreneurs
with
disabilities
22
program.
Current
law
establishes
the
division
of
vocational
23
rehabilitation
services
within
the
department
of
workforce
24
development.
The
bill
transfers
the
division
of
vocational
25
rehabilitation
services
from
the
department
of
workforce
26
development
to
the
department
of
education.
27
The
bill
makes
conforming
changes,
including
changes
related
28
to
the
membership
of
the
Iowa
workforce
development
board
and
29
the
Iowa
autism
council.
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