Executive Order 27

INTHE NAME ANO8Y TKE AUTHORfTYOFTHE STATE Of IOWA EXECUTI VE ORDER NUJ\tBE R T\VENTY-SEVEN \VH-ER£AS, the Stale of Iowa enjoys a proud hislory ofnunuring independence, encouraging education and productivity. and welcon1in.g individuals or diverse backgrouJ1ds, abilities. and needs into our communities to share in our exemplary quality of life; and \VI-I ERE AS, the State of Iowa is committed to ensuring that iitclusive, com1nunity-based living ahen1atives arc available lO individuals wilh disabilities and long-tcm1 illnesses; and WJJEREAS, Uie State or Iowa recognizes that such services advance the best interests of an Iowans by fostering independence, productivity, and participation in contntunity life for Iowans \Vith disabilities 11nd long-term iltnesses; and \VffEREAS, the unnecessary and unj ustified segregation of qualified individuals \Vith disabilities through institu1ionalization is a fon11of disabili1y-bast.-d discrin1innlion prohibited by Title II of the Americans with Disabilities Act of 1990 (the ADA), 42 U.S.C. §§ 1210 1 et seq., which requires that states and localities ad n1inis1cr their programs, services, and activities in lite n1ost integrated set ting appropriate to the needs ofqualified individuals with disabi lities~ and WliER.EAS, in Olmstead v. l.C.• 527 U.S. 581 (1999) ( the ""Olmstead d ecision"). the United States Supren1e Court intc:rprct<.-d Title Ll oftl1c ADA to require States to place qualified indjviduals with disabilities in oomn1unity settings, rather than in institutions, \vhene\'er trcalmcnt professionals dctcnninc that such placement is appropriate. the arrected persons do not opp0se such placement. and the State can reasonably accon1n1odatc the pJacen1ent, taking into account the resources available to the State and the needs or others with disabilities; and \VHER£AS, the State of Iowa has tak<.,, affinnative steps in response to the Oln1s1ead decision, including: ( I) designating lhc lo\va Oepartn1ent or Human Services as the State's lead agency in developing and implementing an 0/"1s1eatl plan for Iowa; (2) compiling a report o il the ser\'iee delivery system in lo\va prior to the Ol"&Steot/ decision; (3) convening l\Venty public mec1ings to gather input fro nt oonsun1ers and other stakeholders ror the dcvclapmcnl of a co1uprchcnsivc. c lfcctivcly \vorking plan to provide SCl'\'ices 10 qualified individuals with d isa.bi li ti~ in I0\\1a; (4) establishing a statC\vide steering eon11nit1ee to oversee plan devel0pmcn1; (S) distributing the resulting lo\va Plan ror Con11nunity Dcvelapn1ent; (6) convening the Ol111stead Real Choices Consumer Task Force to oversee plan in1plementation; and (7) and applying for and receiving federal funding tlU'Ough the Real Choices Systent Change Gran1 lOaid in the development of con1n1unity living alternatives in IO\\'a; and \VHEREAS, barriers to comn1unity living still exiS1 for individuals \vith disabilities and long tenn illnesses in Iowa; and WHERKAS, the S1.a1c of Iowa must continue to move purposefully to S\Vif\ly in1plen1ent the Ol111stead dcci$iOn through the coordinated cffons of designated State agencies, so as to help ensure l11at all IO\Vans have the 01>1>0nunity to live close to their family and friends, to live n1ore independently, to engage in productive employment, 3lld to participate in con11nunity life; and \Vll EREAS, a comprehensive.and coordinated effon by designated State agencies is called for to develop strategics for rc·shaping the sm1cture and nature of con1muni1y.based services for individuals 'vi th disabilities within the State of io\va: NO\V, l'O:EREt•oRt., l , Thomas J. Vilsack, Governor of the State of Iowa, by the power ves1cd in me by the laws and the Constitution of I.he State of IO\va. do hereby order and direct the heads of the following s1a1c agencies to undertake steps to identify and address barriers to comn1unity living for individuals 'vith disabilities and long tem1 illnesses in Jo,vu: Board ofRegems Depanment fo r lhe Blind Department of Civil Rights Dcpartmenl ofCorrectioM Department of Economic Development Department of Education Dcpanmcnt of Elder AITairs Department of Genera) Services Department of i4uman Rights Depann1ent of Human Sel'Vices Depann1ent of Inspections ru1d Appe.als Oepartn1cn1 of Managen1ent Ocpa.nmcnt of Personnel Department of Public Health Department of Public Safety Depart1ncnt of Transportation Department of Veterans Affairs Oepartn1ent of \VorkfoKe Dcvclopn1cnt 10'''3 Finance Authority lo,va Veterans Hon1e I. Each agency head shnll designate a representative to evaluate policies, progr:uns, statutes, and regulations of their respective agencies to detem1ine 'vhctJ1er any should be t'C\'lscd or modified to improve the availability of comn1uni1y·based services for qualified individuals with diwbili1ies. This \vorkgroup of agency representatives shall \\'Ork together and \ Vith 1hc Governor's Office to seek input from consun1ers., advocacy organizations. providers. an<l relc"ant agency representatives wl1ile conducting this rcviev.•. Together, 1his group shall develop a S1ate plan to address the barriers identified. An initial plan shall be developed 'vithin 120 days. II. State agency hcnds shall ( l) dm'\' upon existing resources, including the Jo\va Plan for Co1nmunity Oevclop1nent and the OJ111s1eod Ren I Choices Consun1er Task Force, to iden1ify and prioritize the existing barriers to con1n1unity living for individunls 'vith disabilities in Iowa; (2) cngoge in planning acti,ritics to ensure that the resources of each State agency arc utilized in the most cllicient and effective maruwr to support the goals of the ADA; (3) identify and utiliie federal funding opportunities for the support of Ol111$teaJ.rclated ac1ivi1ics '"'ithi.n the Stale of lo,va. Ill. The Ol111s1eod Real Choices Consu1ner Task Force and the Department of Human Scn•iccs shall advise the Governor's Office on \vorkablc strategies for addressing barriers to co1nmunity integrotion for individuals \\•ith disabilities and for developing a \Vell-eoordina1ed and seamless service delivery system, wherein State agencies. counties. and localities \\10rt together in a more cohesive nu1nner to deliver needed setVices. including 1.hc identification of Sp«i fie state la\'" administrative rules, or policy changes th.at could eliminate existing barriers, a11d recomn1ended strategies for on.going co111munjcation and coordin::ition of effons bet\vccn agencies. ATIEST: {)t_j~CHESTERJ. CULVER SECRETARY OF STATE IN TESTIMONY \VHEREOF, I have hereunto subscribed 111y name and caused the Oreat·Scal of lo"'a to be affixed. Done at Des Moines this 41h day or Februory, in the year or our Lord two thousand tl1rcc. G · RNOR