Illinois workforce innovation and opportunity – 2016-2020

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ILLINOIS WIOA UNIFIED PLAN
STATE OF ILLINOIS WORKFORCE INNOVATION AND OPPORTUNITY ACT UNIFIED STATE PLAN FOR PROGRAM YEARS 2016-2020
(JULY 1, 2016-JUNE 30, 2020)

ILLINOIS WIOA UNIFIED PLAN
TABLE OF CONTENTS
Chapter 1: Executive Summary ……………………………………………………………………………….. 1 Chapter 2: Economic and Workforce Analysis …………………………………………………………… 4 Chapter 3: Illinois Workforce System ……………………………………………………………………….. 24 Chapter 4: State Vision, Principles, Goals and Strategies …………………………………………….. 30 Chapter 5: State Board Functions …………………………………………………………………………….. 35 Chapter 6: Performance Goals, Assessment and Evaluation………………………………………… 36 Chapter 7: Implementation of State Strategy…………………………………………………………….. 39 Chapter 8: Core Program Administration ………………………………………………………………….. 47 Chapter 9: Operating Systems and Policies ……………………………………………………………….. 61 Chapter 10: Assurances ………………………………………………………………………………………….. 68 Appendices and Attachments ………………………………………………………………………………….. 70
ILLINOIS WIOA UNIFIED PLAN
CHAPTER 1 – EXECUTIVE SUMMARY
The Illinois Workforce Innovation and Opportunity Act Unified State Plan is designed to provide a vision of the Governor’s integration of workforce, education and economic development policy while also serving as a federal compliance document for the United States Departments of Labor and Education under the federal Workforce Innovation and Opportunity Act (WIOA). The Unified State Plan outlines the vision, principles and goals for the integration of workforce, education and economic development programs for the State of Illinois (state).
State Workforce System: The Governor, State Workforce Innovation Board and WIOA core partners including the Illinois Department of Commerce and Economic Opportunity (Commerce), the Illinois Department of Employment Security (Employment Security), the Illinois Department of Human Services Division of Vocational Rehabilitation (Vocational Rehabilitation) and the Illinois Community College Board (ICCB) determined that the state will submit a Unified State Plan. The state has developed this Unified State Plan with the intent to integrate the programs listed below (including the non-core programs) into the strategies outlined in the Unified State Plan.
• Illinois Department of Commerce and Economic Opportunity
o Youth,AdultandDislocatedWorkerPrograms
o EmploymentandTrainingundertheCommunityServicesBlockGrantProgram o TradeActPrograms
o RegionalEconomicDevelopment
• Illinois Community College Board
o AdultEducationandFamilyLiteracyAct
o Career and Technical Education Programs at the postsecondary level authorized under the
Carl D. Perkins Career and Technical Education Improvement Act of 2006
• Illinois Department of Employment Security
o Wagner-PeyserEmploymentServicesincludingLaborMarketInformation o MigrantSeasonalFarmworkersMonitorAdvocateSystem
o VeteransEmploymentandTrainingServices
o UnemploymentInsuranceServices
o TradeAdjustmentAssistance
• Illinois Department of Human Services
o RehabilitationServicesforIndividualswithDisabilities
o TemporaryAssistanceforNeedyFamilies
• Illinois Department on Aging
o SeniorCommunityServicesEmploymentProgram
• Illinois Department of Corrections
o Section212oftheSecondChanceActof2007
• Nationally Directed – Locally Administered Programs
o NationalFarmworkerJobsProgram o YouthBuild
o JobCorps
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ILLINOIS WIOA UNIFIED PLAN
Vision Statement: Promote business-driven talent solutions that integrate education, workforce and economic development resources across systems to provide businesses, individuals, and communities with the opportunity to prosper and contribute to growing the state’s economy.
Guiding Principles: Illinois will work toward achieving the vision using these principles as guideposts for policy development and program service delivery. Each partner will use its resources to support the following principles:
• Business demand driven orientation through a sector strategy framework
• Strong partnerships with business at all levels
• Career pathways to jobs of today and tomorrow
• Integrated service delivery
• Access and opportunity for all populations
• Cross-agency collaboration and alignment for developing and/or promoting career pathways and
industry recognized stackable credentials
• Clear metrics for progress and success
• Focus on continuous improvement and innovation
State Goals: The partners will collectively use the following goals to support Illinois’ vision to align and integrate education, workforce and economic development strategies at the state, regional and local levels to improve the economic growth and competiveness of the state’s employers and their workforce.
• Foster improvement and expansion of employer-driven regional sector partnerships to increase the focus on critical in-demand occupations in key sectors that are the engine of economic growth for the state and its regions.
• Expand career pathway opportunities through more accelerated and work-based training and align and integrate programs of study leading to industry-recognized credentials and improved employment and earnings.
• Expand career services and opportunities for populations facing multiple barriers to close the gap in educational attainment and economic advancement through career pathways and improved career services and expansion of bridge programs.
• Expand information for employers and job seekers to access services by improving the Illinois public- private data infrastructure to support the alignment and integration of economic development, workforce development and education initiatives for supporting sector partnerships and career pathways.
State Strategies and Highlighted Activities: Illinois will explore a variety of strategies for the implementation of these principles and goals with a focus on improving community prosperity through more competitive businesses and workers. These strategies and highlighted activities include:
• Coordinate Demand-Driven Strategic Planning at the State and Regional Levels
o Providing data and tools to support regional planning to align education, workforce and economic development strategies.
o Developing a state and regional cross-agency benchmark report for stakeholders and the public.
• Support Employer-Driven Regional Sector Initiatives
o Conducting outreach to regional and local economic development organizations to improve
regional collaboration in economic development planning.
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ILLINOIS WIOA UNIFIED PLAN
o Aligning and integrating business and job seeker services among the programs along with state and regional economic development partners.
• Provide Career Pathways for Economic Advancement
o Exploring ways to fully mainstream targeted populations into sector-based career pathway
initiatives to achieve outcomes similar to other populations (see “Targeted Populations” on
page 21).
o Creatingnewpathwaysforsuccessbypreparinglow-skilladultstotakeadvantageofsector-
based bridge programs.
• Coordinate and Enhance Career Services and Case Management
o Establishing case management teams to coordinate and support the delivery of enhanced
case management services to participants across programs.
o Promoting continuous improvement in career services and case management through the
identification of best practice models and incentivizing demonstration projects.
• Expand Access to Labor Market Information
o Improving access to labor market information for employers and job seekers that will allow
them to promote and access job openings, review changing labor market trends, and
identify education and training programs.
o Supporting awareness and adoption of innovative private sector models, such as the U.S.
Chamber of Commerce Talent Pipeline Management Initiative.
• Improve Public-Private Data Infrastructure
o Working with core partners and the State Chief Information Officer to develop a framework
of how to integrate state intake, case management and reporting systems.
o Expanding and improving the state education and workforce longitudinal data system to
support the six strategies.
Stakeholder Collaboration and Comment
The State of Illinois Workforce Innovation Board (IWIB) is responsible for overseeing the development, implementation and modification of the Unified State Plan and for convening all relevant programs, required partners and stakeholders. The state agencies responsible for the administration of the core and required programs have reviewed and commented on appropriate operational planning portion of the Unified State Plan. Illinois’ Unified State Plan was released for public comment on January 25, 2016 to allow interested stakeholders to participate in the development of the plan. The comments to the Unified State Plan can be viewed in Attachment A.
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ILLINOIS WIOA UNIFIED PLAN
CHAPTER 2 – ECONOMIC AND WORKFORCE ANALYSIS
Illinois’ Unified State Plan is structured around the operational and strategic elements that are required by the Workforce Innovation and Opportunity Act State Plan Requirements.1 To ensure compliance with the federal planning requirements, some content contained in Illinois’ Unified State Plan is included in multiple chapters, appendices and attachments. Chapters 2 through 5 summarize the data analysis and strategic elements of the Unified State Plan.
The Illinois Department of Employment Security houses the state’s labor market economists and provides data and information to support state, regional, and local workforce and economic development initiatives. The state established an interagency data team with representatives from the core program partners including Employment Security, Commerce, ICCB and Vocational Rehabilitation to establish the framework for the data that is used in the Economic and Workforce Analysis. Illinois is looking to formalize the relationship of the interagency data team so that it serves as an ongoing resource, extending beyond the development of the Unified State Plan and supporting the implementation of the state, regional and local plans.
The economic and workforce analysis presented in this chapter highlight data that is publicly available and analysis that replicable. The state encourages regional and local partners to regularly and systemically analyze and validate complementary data through various forms of business engagement. The long-term goal is to develop the most robust data collection possible so that supply and demand projections benefit from as near to real-time information as possible.
Economic and Workforce Analysis
Three of the most important economic benchmarks used by Illinois to both understand our economic position and to evaluate the effectiveness of our efforts to improve that position, are overall economic production, employment and earnings. Examining these three indicators across the past ten years provides an uncommonly stark description of Illinois’ experience before, across and since the “Great Recession” during the final years of the first decade of the 21st century.
The main narrative told by the numbers in Table 1 is that Illinois was struck hard by the economic downturn – harder than the nation overall, but not as hard as our fellow states in the Great Lakes region (IL, IN, MI, OH and WI). Our overall Gross Domestic Product (GDP) grew by an infinitesimal six-tenths of one percent from 2004-2009. But even that far surpassed our neighbors, whose combined economies shrank by nearly five percent. Similar stories are told by changes in employment and earnings from 2004 to 2009. Illinois gained only a handful of jobs – much less than the nation as a whole, but still ahead of the Great Lakes region overall. The story since 2009 has been one of a lagging recovery for Illinois. While we have seen increases in all three of these measures, Illinois has trailed the region in the pace of those increases (see Table 1).
1 See Office of Management and Budget Control Number 1205-0522
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ILLINOIS WIOA UNIFIED PLAN
Table 1: Illinois vs. Benchmark States vs. Nation:
Change in GDP, Employment and Earnings over Last 10 years
ILLINOIS
Great Lakes Region*
ILLINOIS
Great Lakes Region*
* Defined by the US Department of Commerce, Bureau of Economic Analysis to include: Illinois, Indiana, Michigan, Ohio and Wisconsin
Sources:
Gross Domestic Product: Bureau of Economic Analysis Real GDP by State (millions of chained 2009 dollars)
Employment: Haver Analytics, Bureau of Labor Statistics
Earnings: Bureau of Economic Analysis, Compensation of Employees by NAICS Industry (Table SA6N), wage and salary data
The situation described by these numbers provides the setting for planning the implementation of WIOA. The challenge for Illinois is to utilize WIOA and all of its partner programs to assist the state’s businesses in increasing productivity, employment and earnings throughout the state.
Economic Analysis
Table 2 shows the projected employment demand through 2022 for major industry sectors across Illinois. The largest number of job openings is expected to be created within the business services and health care sectors. Large percentage changes in employment are also expected in wholesale trade and a resurgent construction sector.
Gross Domestic Product
Employment
Earnings
2004 637,828 2,090,863
2009 641,880 1,995,394
2014 680,448 2,187,656
2004 5,934,131 22,027,090
2009 5,935,337 21,140,406
2014 6,071,686 21,852,220
2004 256,671,215 847,365,841
2009 286,828,581 894,538,281
2014 333,471,194 1,055,156,486
US
13,772,746
14,329,566
15,773,516
147,379,583
154,188,500
155,899,000
5,417,439,000
6,244,497,000
7,469,374,000
Percent Change in Gross Domestic Product
Percent Change in Employment
Percent Change in Earnings
2004-2009
0.6%
-4.6%
2009-2014
6.0%
9.6%
2004-2014
6.7%
4.6%
2004-2009
0.0%
-4.0%
2009-2014
2.3%
3.4%
2004-2014
2.3%
-0.8%
2004-2009
11.7%
5.6%
2009-2014
16.3%
18.0%
2004-2014
29.9%
24.5%
US
4.0%
10.1%
14.5%
4.6%
1.1%
5.8%
15.3%
19.6%
37.9%
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ILLINOIS WIOA UNIFIED PLAN
Table 2: Illinois Employment by Major Industry Sector
Base Year Employment 2012
6,166,236
Agricultural Production
Natural Resources and Mining
Utilities 23,809
Share of
Statewide Projected Base Year Year
Employment Employment 2012 2022
Net Change 2012-2022
Ten-Year
Percent Location Change Quotient
2012-2022 2012
North American Industry Classification System (NAICS) Title TOTAL, ALL INDUSTRIES
100.00%
1.24% 0.16% 0.39% 3.06% 9.45% 4.77% 9.67% 4.44% 1.62% 5.93%
13.96% 9.23% 11.90% 8.69% 4.54% 5.93% 5.01%
6,678,572
76,584 11,695 24,322
215,181 581,655 324,652 632,132 293,395
98,113 392,651 1,020,527 600,804 841,289 580,005 300,240 365,720 319,607
512,336 8.31%
292 0.38% 1,558 15.37% 513 2.15% 26,265 13.90% -1,080 -0.19% 30,291 10.29% 35,739 5.99% 19,860 7.26% -1,905 -1.90% 26,935 7.37% 159,603 18.54% 31,947 5.62% 107,596 14.66% 44,289 8.27% 20,233 7.23% -174 -0.05% 10,374 3.35%
1.00
0.85 0.58 1.01 0.79 1.15 1.22 0.95 1.46 0.88 1.11 1.13 1.24 1.02 0.92 1.07 0.39 0.83
Construction
Manufacturing
Wholesale Trade
Retail Trade
Transportation and Warehousing Information
Financial Activities
Professional and Business Services
Educational Services, Private and Public*
Health Care and Social Assistance
Leisure and Hospitality
Personal and Other Services
Government
Self Employed, Unpaid Family Workers and Others n.e.c.
188,916 582,735 294,361 596,393 273,535 100,018 365,716 860,924 568,857 733,693 535,716 280,007 365,894 309,233
* Location Quotient for “Educational Services, Private and Public” is for 2014
Sources: IL Department of Employment Security Statewide Long-Term Employment Projections, Department of Commerce and Economic Opportunity
76,292 10,137
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ILLINOIS WIOA UNIFIED PLAN
Figure 1 factors in percentage growth and a measure of industry importance in the state (location quotient), with “bubble” size indicating the relative size of the industry.
Figure 1: Bubble Chart Based on Table 2
Sources: IL Department of Employment Security Statewide Long-Term Employment Projections, Department of Commerce and Economic Opportunity
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ILLINOIS WIOA UNIFIED PLAN
Table 3 shows the projected employment demand through 2022 for major occupational sectors throughout Illinois. The largest numbers of new jobs are expected to be created within the transportation and material moving, sales, healthcare, food service, business and financial operations and computer and mathematical occupation sectors. Large numbers of job openings (including replacement jobs) are expected in sales and office and administrative occupations.
Table 3: Illinois Employment by Major Occupational Sector
Standard Occupational Classification (SOC) Title TOTAL, ALL OCCUPATIONS
Transportation and Material Moving Occupations Sales and Related Occupations
Healthcare Practitioners and Technical Occs
Food Preparation and Serving Occupations Business and Financial Operations Occupations Healthcare Support Occupations
Office and Administrative Support Occupations Construction and Extraction Occupations Computer and Mathematical Occupations Management Occupations
Education, Training and Library Occupations Building and Grounds Cleaning and Maint. Occs Personal Care and Service Occupations Production Occupations
Installation, Maintenance and Repair Occs Protective Service Occupations
Community and Social Services Occupations Arts/Design/Entertainment, Sports/Media Occs Legal Occupations
Architecture and Engineering Occupations Life, Physical and Social Science Occupations Farming, Fishing and Forestry Occupations
Base Year Employment
2012 6,166,236
460,208 636,874 330,411 451,936 315,143 172,031 917,264 220,061 152,628 459,745 410,319 229,563 187,390 445,529 202,930 153,906 102,398
98,826 53,470 83,565 35,102 46,937
Share of Statewide Base Year Employment
2012 100.00%
7.46% 10.33% 5.36% 7.33% 5.11% 2.79% 14.88% 3.57% 2.48% 7.46% 6.65% 3.72% 3.04% 7.23% 3.29% 2.50% 1.66% 1.60% 0.87% 1.36% 0.57% 0.76%
Net Projection Employment
Year Change Employment 2012-2022
Average Annual Job Openings due to
Sources: IL Department of Employment Security Statewide Long-Term Employment Projections, Department of Commerce and Economic Opportunity
2022 Number Percent Growth Replacements
Total 199,277
16,441 23,328 10,862 20,618
9,978
6,850 25,725 6,733 5,423 12,700 10,966 7,145 6,395 11,987 6,412 4,906 3,235 3,021 1,468 2,502 1,170 1,414
6,678,572 512,336 8.31%
513,176 52,968 11.51% 678,851 41,977 6.59% 371,129 40,718 12.32% 491,629 39,693 8.78% 353,460 38,317 12.16% 207,310 35,279 20.51% 951,675 34,411 3.75% 249,079 29,018 13.19% 181,295 28,667 18.78% 485,377 25,632 5.58% 434,583 24,264 5.91% 253,732 24,169 10.53% 209,960 22,570 12.04% 466,575 21,046 4.72% 220,543 17,613 8.68% 162,477 8,571 5.57% 110,938 8,540 8.34% 105,138 6,312 6.39%
59,545 6,075 11.36% 88,821 5,256 6.29% 36,970 1,868 5.32% 46,309 – 628 -1.34%
55,296 143,981
5,327 11,114 4,220 19,108 4,089 6,773 3,989 16,629 3,872 6,106 3,564 3,286 5,283 20,442 2,905 3,828 2,867 2,556 3,488 9,212 2,437 8,529 2,417 4,728 2,277 4,118 2,945 9,042 1,795 4,617
892 4,014 862 2,373 668 2,353 608 860 559 1,943 194 976
38 1,376
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ILLINOIS WIOA UNIFIED PLAN
Emerging Demand Industry Sectors and Occupations
Based on the information contained in Table 2 (and displayed in Figure 1), major industry sectors were categorized according to the following methodology:
• LEADING industries are identified as those which are expected to grow during the projection period, and which are important within the state (i.e., have a location quotient greater than 1.0). These industries are found in the upper right hand quadrant of Figure 1.
• EMERGING industries are identified as those that are not strongly represented in the current economy (i.e., have a location quotient that is less than 1.0), but are expected to grow during the projection period. These industries are found in the lower right hand quadrant of Figure 1.
• MATURING industries are identified as those that are important within the state, but are not expected to grow during the projection period. These industries are found in the upper left hand quadrant of Figure 1.
Each of these categories are significant for the economy, for job growth and availability, and are hence important for the planning of WIOA and partner programs during the period of this Unified State Plan. In summary, LEADING industries are those that will likely provide the largest numbers of job openings, due to their combination of size and growth; EMERGING industries are those that are currently small but are quickly gaining in economic importance and job creation; and MATURING industries are those which have slower job growth but still have hefty presences in the economy and will continue to create significant job openings, if only through attrition (e.g., accelerating retirements).
Tables 4, 5 and 6 display the results of categorizing (according to this methodology) the major industries from Table 3. Major industry categories that are not included in one of these categories are now dropped from the analysis.
Table 4: LEADING Major Industry Sectors Statewide
LEADING INDUSTRIES NAICS Title
Base Year Employment 2012
Share of Statewide Base Year Employment 2012
Projected Year Employment 2022
Net Change 2012-2022
Ten-Year Percent Change 2012-2022
Location Quotient 2012
TOTAL, ALL INDUSTRIES
6,166,236
100%
6,678,572
512,336
8.3%
1.00
Professional and Business Services
860,924
14.0%
1,020,527
159,603
18.5%
1.13
Health Care and Social Assistance
733,693
11.9%
841,289
107,596
14.7%
1.02
Educational Services, Private and Public
568,857
9.2%
600,804
31,947
5.6%
1.24
Wholesale Trade
294,361
4.8%
324,652
30,291
10.3%
1.22
Financial Activities
365,716
5.9%
392,651
26,935
7.4%
1.48
Personal and Other Services
280,007
4.5%
300,240
20,233
7.2%
1.07
Transportation and Warehousing
273,535
4.4%
293,395
19,860
7.3%
1.46
Utilities
23,809
0.4%
24,322
513
2.2%
1.01
Sources: IL Department of Employment Security Statewide Long-Term Employment Projections, Department of Commerce and Economic Opportunity
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ILLINOIS WIOA UNIFIED PLAN
Table 5: EMERGING Major Industry Sectors Statewide
EMERGING INDUSTRIES NAICS Title
Base Year Employment 2012
Share of Statewide Base Year Employment 2012
Projected Year Employment 2022
Net Change 2012-2022
Ten-Year Percent Change 2012-2022
Location Quotient 2012
TOTAL, ALL INDUSTRIES
6,166,236
100%
6,678,572
512,336
8.3%
1.00
Leisure and Hospitality
535,716
8.7%
580,005
44,289
8.3%
0.92
Retail Trade
596,393
9.7%
632,132
35,739
6.0%
0.95
Construction
188,916
3.1%
215,181
26,265
13.9%
0.79
Sources: IL Department of Employment Security Statewide Long-Term Employment Projections, Department of Commerce and Economic Opportunity
Table 6: MATURING Major Industry Sectors Statewide
Sources: IL Department of Employment Security Statewide Long-Term Employment Projections, Department of Commerce and Economic Opportunity
For those major industries that are included, we can drill down the analysis to each of the industry sectors (3-digit NAICS-level industries2) found within these major industry categories. The tables found in Attachment B display the LEADING, EMERGING and MATURING industry sectors within the major industry categories identified in the first step. The regional planning process will utilize the same analytic steps to assist regional teams in identifying LEADING, EMERGING and MATURING industry clusters within each region (see Chapter 7, Activity 1.3 and Attachment O).
Employer’s Employment Needs
Attachment B displays statewide employment projections, from 2012 to 2022, for occupational pathways within the nine STEM clusters and Illinois Pathways. These include:
• Agriculture, food & natural resources
• Architecture & construction
• Energy
• Finance
• Health science
• Information technology
• Manufacturing
• Research & development
• Transportation, distribution & logistics
MATURING INDUSTRIES NAICS Title
Base Year Employment 2012
Share of Statewide Base Year Employment 2012
Projected Year Employment 2022
Net Change 2012-2022
Ten-Year Percent Change 2012-2022
Location Quotient 2012
TOTAL, ALL INDUSTRIES
6,166,236
100%
6,678,572
512,336
8.3%
1.00
Manufacturing
582,735
9.5%
581,655
(1,080)
-0.2%
1.15
2 North American Industry Classification System – http://www.census.gov/eos/www/naics/
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ILLINOIS WIOA UNIFIED PLAN
Prior to the selection of the nine focused STEM clusters, the ICCB adopted the original 16 national career cluster system. The additional clusters include:
• Arts, audiovisual technology & communications
• Business management & administration
• Education & training
• Government & public administration
• Hospitality & tourism
• Human services
• Law, public safety, corrections & security
• Marketing
The regional planning process (described in Chapter 7) will include the development of crosswalks between the detailed (3-digit) industry clusters and the occupational pathways listed above, for each region. The results of this crosswalk will identify occupations related to the detailed industry clusters identified statewide as LEADING, EMERGING and MATURING, which will be integrated into Illinois’ Unified State Plan going forward. At a regional level, the results of this crosswalk will be the starting point for conversations with employers regarding critical occupations within their industries during the complete regional planning process.
Workforce Analysis
Labor Force Size and Demographics
The Illinois labor force in the 25-54 age group has declined almost 200,000 (-4.4%) between 2009 and 2014, according the U.S. Census Bureau’s American Community Survey estimates. This is a result of the shrinking population in that age group. Smaller declines occurred in the 16-19 and 20-24 age groups. During that same period the labor force in the 55-64 age group increased over 135,000 (+12.6%). As the overall population gets older, the available labor force in Illinois will likely continue to decline.
Employment and Unemployment
Unemployment rates for the 16-19 age group are much higher than the rate for all ages, but especially high for African-Americans, Hispanics, and the “other” race category. Part of this discrepancy for racial/ethnic groups may be related to living in areas where few appropriate job matches are available. Unemployment rates are lowest among Caucasians for the 16-19, 20-24, and 70+ age groups, while Asians have the lowest rates for the 25-54, 55-64, and 65-69 groupings. Overall, unemployment rates have dropped between 2009 and 2014. This is in line with a stronger overall economy in 2014 relative to 2009.
While unemployment rates for youth (age 16-19) are high, the rates for older workers (65+) have remained low. This is likely a result of many older individuals leaving the labor force after separation from work (voluntarily or involuntarily). Other targeted populations include veterans, single parent families (headed by either a male or female), and the disabled. The unemployment rate for all veterans remains below the rates for the entire population. However, the rate for veterans in the 18-34 age group is significantly higher than the overall state average. This group of veterans is the most likely to have been recently discharged and thus the most likely to still be in transition to civilian employment. Rates for single parent families are high for both male and female heads of households, but especially high for females. Rates for the disabled are higher than any other group except for youth. Attachment C provides additional demographic details regarding the Illinois labor force, employment and unemployment during this period.
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ILLINOIS WIOA UNIFIED PLAN
Labor Market Trends
Between 2004 and 2014, U.S. employment shifts occurred among industry sectors with a reduction in goods-producing industries in favor of service-producing industries. This shift is a continuation of a long term trend as manufacturing employment has declined due to both strong productivity gains in high- value added industries and offshoring of low-value added production to lower cost economies. Construction employment decreased as a share of total employment in 2014 relative to 2004, when the housing bubble was still in its nascent period. Among goods-producing industries in the U.S., mining and logging was the only sector to show marked improvement between 2004 and 2014 as oil production surged during the period with a greater number of oil-producing states with growth in the fracking industry.
As shown in Table 7, in the Midwest states (IL, IN, IA, KY, MI, MN, MO, OH and WI), none showed significant gains in its industry shares towards mining and logging. Only Kentucky experienced a reduction in employment activity as a share of its industry mix. On the construction front, Midwest states weakened as much as the United States or more, except for Iowa, which ticked up just a bit in its industry mix towards construction.
Table 7: Distribution of Industry Employment in the U.S. and Midwest: Regional Similarities and Differences
Mining and Logging Construction Manufacturing Wholesale Trade Retail Trade
Trans, Warehousing and Utilities Information
Financial Activities
Professional and Business Services Educational and Health Services Leisure and Hospitality
Other Services Government
Decline from 2004 No Change from 2004 Growth from 2004
0.6% 0.2% 4.4% 3.4% 8.8% 9.9%
0.2% 0.1%
4.1% 4.8% 17.0% 14.0%
0.9% 0.2% 0.3%
3.9% 3.4% 3.8% 12.6% 13.8% 11.1% 4.0% 4.0% 4.7% 11.1% 11.0% 10.3% 5.2% 3.1% 3.4% 1.4% 1.4% 1.9% 4.8% 4.9% 6.3% 11.3% 14.8% 12.6% 14.0% 15.4% 17.7% 9.8% 9.7% 9.0% 3.4% 4.1% 4.0% 17.4% 14.3% 14.9%
0.1% 0.3% 0.1% 4.0% 3.0% 3.6% 9.4% 12.6% 16.3% 4.4% 4.4% 4.2% 11.1% 10.6% 10.6% 3.6% 3.7% 3.6% 2.1% 1.4% 1.7% 6.0% 5.4% 5.3% 12.9% 13.3% 10.8% 15.9% 16.7% 15.1%
10.4% 9.9% 9.3% 4.2% 3.9% 4.9% 15.8% 14.2% 14.5%
2014 Employment Distribution by Industry as a Share of Total NonFarm Payrolls US IL IN IA KY MI MN MO OH WI
4.2% 11.0% 3.7% 2.0% 5.7% 13.7% 15.4% 10.6% 0.4% 15.7%
Red
White
Green
5.1% 3.9% 4.5% 10.3% 10.7% 11.6% 4.6% 4.6% 4.2% 1.7% 1.2% 1.7% 6.3% 4.3% 6.7%
15.6% 10.8% 8.8% 15.1% 14.7% 14.4% 9.5% 9.8% 8.9% 4.3% 4.2% 3.8% 14.1% 14.3% 16.5%
Source: U.S. Bureau of Labor Statistics, Current Employment Statistics Program 2004, 2009, 2014
In the Midwest, the real story lies in the manufacturing sector. Midwest manufacturing employment accounts for about one-third of national manufacturing employment. All of the states in the Midwest (as well as the national average) recorded a drop in their share of manufacturing employment as a share of the total industry sector mix. Illinois, Kentucky and Michigan saw roughly the same reduction in their manufacturing employment shares as the nation. Indiana, Ohio and Missouri saw a greater reduction in their manufacturing shares, while Iowa, Minnesota and Wisconsin saw a smaller reduction in their manufacturing employment share in the 10 years spanning 2004-2014.
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It is no surprise that manufacturing employment has declined in the Midwest as well as the United States overall following long-term trends of improved productivity combined with offshoring to low-cost economies. Many people are surprised to learn that the demand for manufacturing employment remains strong due to replacement needs. As baby boomers retire in Illinois, the Midwest and across the nation, employers will need to backfill positions so that manufacturing occupations remain in demand locally and across Illinois. The share of manufacturing employment as a portion of total employment is highest in Indiana and Wisconsin. Iowa, Michigan, Ohio and Kentucky also have a high share of manufacturing employment.
While manufacturing is a key industry in all Midwest states, Illinois’ share is smaller than its neighbors; in fact, Illinois’ share of manufacturing employment is more closely aligned to the national average. However, Illinois is the largest state in the Midwest and, consequently, its actual level of manufacturing employment is larger than each of the other states in the region with the exception of Ohio (based on 2014 data). Demand for manufacturing occupations remains healthy in Illinois and will continue to compete with its neighbors for skilled workers.
Among trade, transportation and utilities, all states (including the national average) saw a reduction of the share of employment in the retail trade sector, and the majority also saw a reduction in wholesale trade (with the exception of Michigan, Ohio and Wisconsin). The majority of states (as well as the national average) saw an increase of their share of employment in the transportation, warehousing and utilities sector. Illinois, Indiana, Kentucky and Iowa have a larger share of their employment in this industry sector than the nation.
Professional and business services grew across the region, although all states except Illinois have a smaller share of their employment in this industry sector. In contrast, Illinois’ share of employment in professional and business services is larger than the national average. Professional services include accounting, legal, architecture and engineering, computer design and management consulting as well as business headquarters. Business services include temporary help agencies (with a wide variety of occupational needs), waste management services, business support services and investigation and security services.
Educational and health services showed an increased share of employment in the United States and among Midwest states, including Illinois. Occupations related to health care industries as well as education will be in demand across the region as Midwest states may end up competing for workers in these occupational fields.
The leisure and hospitality sector drew a greater share of employment in the nation than in any of the Midwest states, although Illinois’ share of employment in this industry sector grew more than any other Midwest state. On the whole, Midwest states have a smaller share of employment in this industry sector than the nation.
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The information sector saw a reduced share of employment in all states and the national average. Financial activities employment also was a smaller share of employment in all states (except Iowa and Kentucky, where it had a greater share from 2004 to 2014). Chart 1, based on Table 7, provides a graphic representation of this analysis.
Chart 1 – Current Distribution of Industry IL vs. U.S. and Average of Other Midwest States
Source: U.S. Bureau of Labor Statistics, Current Employment Statistics Program 2014
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Charts 2-4 show how the industry distribution has changed over the last decade, with data shown for 2004, 2009 and 2014.
Chart 2 – U.S. Employment Distribution Trend
Source: U.S. Bureau of Labor Statistics, Current Employment Statistics Program 2004, 2009, 2014
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Chart 3 – IL Employment Distribution Trend
Source: U.S. Bureau of Labor Statistics, Current Employment Statistics Program 2004, 2009, 2014
Chart 4 – Midwest State Average (not including IL) Employment Distribution Trend
Source: U.S. Bureau of Labor Statistics, Current Employment Statistics Program 2004, 2009, 2014
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Education and Skill Levels of the Workforce
Occupational skill requirements are increasing across the workforce due to a myriad of factors, including the increasing pace of technological change and the increasingly global nature of the economy. In its most recent set of occupational employment projections, the U.S. Bureau of Labor Statistics (USBLS) shows the increasing need for advanced education and training to qualify for occupations with the highest growth rates.
Chart 5 – Projected U.S. Employment Growth by Educational Requirements: 2012-22
Source: U.S. Bureau of Labor Statistics, Employment Projections Program 2012-2022
Moreover, the education and skill requirements of occupations are directly related to the earning power of those occupations, as evidenced by Illinois data from the 2014 American Community Survey.
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Chart 6 – Illinois Median Income by Educational Attainment: 2014
Source: U.S. Census Bureau, American Community Survey 2014
These data sets highlight the importance and the value of increased educational attainment and degrees. For Illinois to compete in this globalized, technology-charged economy, we must train our workforce to meet the challenges of these increasing education and skill requirements. Since the turn of the century, Illinois has made progress in increasing the overall educational attainment of its population. However, the number of individuals with low literacy skills has remained a significant concern in meeting the demand for an educated and skilled workforce.
Chart 7 – Percent of Illinois Population by Educational Attainment: 2000 to 2014
Source: U.S. Census Bureau, 2000 Census, American Community Survey 2014
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The percentage of Illinois’ population (age 25+) with some type of post-secondary degree increased from 32% in 2000 to over 39% in 2014. However, this number is still too low. Illinois has committed to ensuring that 60% of the state’s population has a high quality degree or credential by 2025, an initiative referred to as 60 by 2025. As this data shows, the state is clearly moving towards that goal, but there is still a long way to go in the next decade. Illinois’ continued economic and income growth is dependent on reaching the 60 by 2025 goal.
Chart 8 – Target Population Characteristics
Source: 2015 Illinois Community College Board Index of Need Report
There are approximately 850,000 persons in Illinois that lack of English proficiency. Over 700,000 people have some high school education but do not have a diploma, and nearly 500,000 people have less than a 9th grade education. These individuals could benefit from a variety of workforce and adult education programs, especially bridge programs that incorporate English, reading and math skills contextualized for a targeted industry.
Skill Gap Analysis
During recent years, a number of projects and studies have been undertaken to examine the issue of “skill gaps” within major industry sectors in Illinois (or significant portions of Illinois). What follows is a brief synopsis of the findings of these studies within each of three major industry sectors: manufacturing, health care and transportation distribution and logistics (TDL).
Manufacturing
The Chicago Metropolitan Agency on Planning (CMAP) released a policy update in March, 20153 that examined quantitative labor market data to determine the extent of the manufacturing skills gap in metropolitan Chicago.
3 “Searching for Evidence of a Skills Gap in Manufacturing,” CMAP Policy Update, March 4, 2015.
http://www.cmap.illinois.gov/about/updates/policy/-/asset_publisher/U9jFxa68cnNA/content/searching-for- evidence-of-a-skills-gap-in-manufacturing
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As of 2014, Economic Modeling Specialists International (EMSI) estimated that 28,000 unemployed individuals in the Chicago region were seeking work in the manufacturing sector. Despite this large pool of job seekers, manufacturing companies claim they are having trouble finding skilled workers to fill open positions, both in the region and nationwide. Data indicate that there may be shortages of industrial machinery mechanics, computer numerical control (CNC) machine operators and programmers and welders in the region.
The skills gap is a complex issue with few direct measures. Data about wages, job openings and work weeks must be woven together to understand the full conditions in the labor market. Even with all three measures, it can still be difficult to determine whether individual occupations face a shortage of skilled workers. Within the Chicago region, skills gaps are evident in several key manufacturing jobs, such as industrial machinery mechanics, computer numerical control (CNC) programmers and operators and welders. The severity of this recent manufacturing skills gap may have intensified when demand for workers spiked as the economy began to recover in 2009.
While much of the manufacturing skills gaps dialogue has focused on technical skills, the challenge of finding employees may extend beyond technical competencies. Manufacturing employees also must have so-called “essential/soft skills” such as literacy, numeracy, reliability, problem solving and the ability to work in teams. The “CMAP Manufacturing Drill-Down Report”4 indicates that firms throughout the region have reported being unable to find sufficient workers with these skills. Downstate manufacturers and those in more rural areas face similar and often greater challenges in filling their vacancies due to an aging workforce, outmigration of younger residents and smaller labor pools.
Health Care
In September 2014, the Illinois Workforce Innovation Board (IWIB) accepted a report5 developed by its Health Care Task Force, consisting of IWIB business leaders and health care educators and practitioners. This report examined the workforce implications of issues regarding the implementation of new public health and coordinated, community-based healthcare delivery models in Illinois. These new models are being implemented in response to changing population and patient needs, federal and state healthcare reforms, and innovations in delivery models, professional practices and technology. These new models place stronger emphasis on prevention and primary care and use professional and paraprofessional healthcare workers in new roles with different skill requirements.
The Healthcare Task Force determined that the shift to team-based delivery models and improved health information technologies will allow each primary care physician to efficiently and effectively manage a greater number of patients. Insofar as workforce staffing is concerned, the results of these changes will be the following associated shifts in demand:
• A reduction in growth rate for primary care physicians. While the demand for primary care services will grow chiefly because of policy and incentive (and demographic) changes, the provision of those services will be shared across all team members, not exclusively by primary care physicians. 

• An increased demand for advanced practice nurses (APNs) and physician assistants (PAs).
4 http://www.cmap.illinois.gov/documents/10180/69902/FULL Technical Report web.pdf/3243f710-f91d-4632- 934a-3682fc19fffc
5 https://www2.illinoisworknet.com/DownloadPrint/HCTF%20Final%20Report.pdf
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• A significantly increased demand for front-line occupations such as community health workers (CHWs), home health aides (HHAs) and medical assistants (MAs). 

In each of these occupational categories, apparent skills gaps can be identified. The gaps range from the need for increased managerial skills on the part of primary care physicians to the up-skilling of APNs and PAs in order to meet more robust patient care responsibilities and to the need for new and updated certification protocols for CHWs, HHAs and MAs.
Transportation, Distribution & Logistics (TDL)
In June 2015, JP Morgan Chase and Jobs for the Future released a report called “Growing Skills for a Growing Chicago”6, which sought to develop “data-driven solutions to address the mismatch between employer needs and the skills of current job seekers”. In terms of TDL, the report found that there is a strong and ongoing demand for what it terms “middle-skill” jobs – jobs that require more than a high school credential but less than a bachelor’s degree, such as a diesel mechanic or supply chain specialist. The Chicago metro area creates more than 5,000 of these middle-skill jobs in TDL each year, but the need for an associate’s degree or credentialing is often the source of the skill gap. To close that gap, the report outlines a series of recommendations, including the widespread institution of TDL-specific talent pipeline solutions that will increase the feedback loop between employers and training providers. The IWIB also reconstituted the TDL Task Force in 2015 and charged it with developing recommendations and strategies for developing the needed TDL workforce in all areas of Illinois. In this sector, retention is as significant a challenge as talent pipeline management.
Targeted Populations
The concentration of growth in higher-skill occupations will require more targeted initiatives with populations requiring assistance to attain the credentials necessary to pursue opportunities in in- demand occupations in key sectors. Estimates of need for many of these targeted populations are included in Attachment D. Targeted populations in Illinois will include the following:
• Long-term unemployed
• Low-income adults
• Individuals with disabilities, including youth with disabilities
• Those receiving public assistance
• Out-of-school youth
• Veterans
• Migrant and seasonal farmworkers
• Re-entry individuals (ex-offenders)
• English Language Learners
• Older individuals
• Homeless individuals
• Single parents
• Youth in the foster system or who have aged out
• Displaced homemakers
• Veterans with disabilities
• Low literacy adults, including those without a high school diploma
• Low skilled adults
• Indians, Alaska Natives, and Native Hawaiians
6 https://www.jpmorganchase.com/corporate/Corporate-Responsibility/document/54841-jpmc-gap-chicago-aw3-
v2-accessible.pdf
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Illinois has launched statewide initiatives to address the needs of specific populations facing barriers to employment, and the WIOA partners will identify effective practices and resources to address the employment needs of each of the targeted populations listed above. The following examples describe the types of approaches that will be used to meet the needs of these populations.
Long-Term Unemployed
Though the unemployment rate in Illinois has improved along with the rest of the country since the start of the economic recovery, long-term unemployment, defined as unemployment of a duration of 27 weeks or longer, remains a problem throughout the state. According to the USBLS, Illinois leads all six of its neighboring states in percentage, number and duration of long-term unemployed, with an average duration of 38.5 weeks for 2014, well in excess of the 26-week limit on individual unemployment insurance benefits. Such persistent unemployment can have ripple effects throughout local economic areas. To address these challenges, Commerce has leveraged multiple National Emergency Grants targeting long-term unemployed and piloted innovative strategies, such as Group Discovery, to address the unique needs of the population.
Individuals with Disabilities
Unemployment among individuals with disabilities is a national epidemic and Illinois is no exception. In a report from the USBLS, the unemployment rate in November 2015 for those with a disability, ages 16 and over, was 12.1 percent, almost three times that of individuals that do not have disabilities. The labor force participation rate that month for those with disabilities was 19.2 percent. Those without disabilities were recorded at 68.3 percent. Illinois works to address that disparity through better service alignment between the partner programs, in addition to Disability Employment Initiative projects in targeted geographies throughout the state that build the capacity of American Job Centers to address the needs of adults with disabilities. Illinois also prioritizes multilevel partnerships between the workforce, secondary and post-secondary systems to provide career pathway programs to youth with disabilities.
Out-of-School Youth
Approximately 184,000 youth age 18-24 in Illinois are considered “disconnected”, meaning they are not attending school and are not working. This number is approximately 15% of the 18-24 population statewide. Meanwhile, unemployment among this group stands at 22.1%, according to USBLS data, approximately five times that of the state as a whole. To address these issues, the IWIB created the Disadvantaged Youth Career Pathways Task Force to develop recommendations for building pilot projects that will seek to blend different sources of public funds, engage businesses for work-based learning and other initiatives and create sustainable career pathways for youth throughout the state. The “Report of the Illinois Disadvantaged Youth Task Force” was accepted by the IWIB in February 2016. Recommendations include: reinvigoration of cross-agency and cross-sector statewide supports for career pathway system development under the framework of Illinois pathways, creation of regional opportunity youth systems and the continuation of the work of the Youth Task Force as a function of the IWIB. The full report is available in Attachment E.
Veterans
Serving Illinois’ 721,000 veterans is a high priority of the workforce system in Illinois. Veterans receive priority of service as required by WIOA. The Illinois workforce centers are committed to helping veterans find a job, training and other services. Employment Security employs veterans’ employment representatives, who are fellow veterans and specialists in providing employment services. Illinois
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veterans have been served over the years though targeted initiatives administered by the workforce and education partners and the Illinois Department of Veterans Affairs.
English Language Learners
Approximately 2.73 million Illinois residents speak a language other than English as the primary language in their homes, and more than 331,368 immigrants are currently residing in Illinois. An English language learner is an individual who has limited ability in reading, writing, and speaking or comprehending the English language, and whose native language is a language other than English or who lives in a family or community environment where a language other than English is the dominant language.
Low Literacy Adults (including those without a high school diploma)
Employers increasingly require postsecondary credentials when hiring workers for good jobs that provide family-supporting wages and career advancement opportunities. Almost 1.2 million of Illinois’ 10.1 million adults have less than 12 grades of formal education. Included in this number are 470,138 people with less than a 9th grade education. Low Literate adults are individuals who are basic skills deficient with academic skill levels below the postsecondary level, and who do not have the ability to read, write, speak in English and perform mathematics or other activities of a secondary school diploma or its recognized equivalency.
Low Skilled Adults
With good jobs becoming harder to find for people with a high school diploma or less, it is critical to help low-skilled workers obtain the skills that are needed to be successful in postsecondary employment and training. According to a Report by the Office of Career, Technical and Adult Education (OCTAE formerly OVAE) Promoting College and Career Readiness: Bridge Programs for Low-Skilled Adults, defines Low- skill adults as individuals who lack the necessary skills and knowledge to succeed in postsecondary education and training, or meet the demands of the current labor market.
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CHAPTER 3 – ILLINOIS WORKFORCE SYSTEM
Governor Rauner’s administration is focused on delivering value for taxpayers, creating a pro-jobs economic climate, ensuring world-class schools and educational options for every Illinoisan and bringing greater accountability to state government. This chapter includes a brief summary of the workforce system and the capacity of state agencies and boards that are responsible for the administration of the workforce and education programs. Additional operational detail is provided in Chapter 8.
Interagency Coordination and Planning
The Governor’s Office and the IWIB provide the major mechanisms for promoting joint planning and coordination around the vision, principles, goals and strategies outlined in Illinois’ Unified State Plan (Chapter 4). Deputy Governor Trey Childress, Secretary of Education Beth Purvis and other cabinet members have been directly engaged in developing the vision and principles outlined in the Unified State Plan. The Governor’s Policy Advisor for Economic Development, Sean McCarthy, has a direct line of authority over Commerce and Employment Security and will work to ensure that the implementation of the strategies and activities outlined in this Unified State Plan align with the Governor’s workforce education and economic development policies and vision.
WIOA State Interagency Work Group
The state established an Interagency Work Group that meets regularly to identify and address the state- level issues associated with the implementation of WIOA. The intended outcomes are state-level policies that provide consistent direction to regional and local-level partners as they establish effective One-Stop Delivery Systems. In concert with these discussions, regional and local-level partners are examining issues that will influence the full implementation of WIOA and are making recommendations to the Interagency Work Group for consideration. Through the Interagency Work Group, the core partners are establishing a new mechanism to address operational and policy issues under WIOA implementation and those that are raised by local Comprehensive One-Stop Center partners. The group has committed to meet regularly on an ongoing basis.
State and Regional Planning Process
In August of 2015, Governor Rauner asked the National Governors Association to facilitate a “Policy Academy” among his key staff, business leaders, state administrators, agency directors and local partners to develop the vision and guiding principles for WIOA state and regional planning. The Education, Workforce and Economic Development Leadership Team (Leadership Team) (see Attachment F) emerged from the Policy Academy that includes high level state policymakers with the authority to make commitments on behalf of their respective agencies and other key public and private stakeholders whose involvement is critical to the development of the Unified State Plan. The Leadership Team is responsible for establishing the vision and principles and directing the implementation of strategies outlined in Chapter 4. The Leadership Team has also worked with the Interagency Work Group to oversee and direct the development of the regional planning process in Illinois. The planning process is underway in each of Illinois’ economic development regions including the review of data, establishment of goals, development of strategies and the integration of services.
State Agency Capacity
The following is a list of the state agencies and boards that are responsible for the administration of the workforce, education and economic development programs outlined in WIOA.
• Illinois Department of Commerce and Economic Opportunity
o Youth,AdultandDislocatedWorkerPrograms
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o Employment and Training under the Community Services Block Grant Program (authorized under Department of Housing and Urban Development)
o TradeActPrograms
o RegionalEconomicDevelopment
• Illinois Community College Board
o AdultEducationandFamilyLiteracyAct
o Career and Technical Education Programs at the postsecondary level authorized under the
Carl D. Perkins Career and Technical Education Improvement Act of 2006
• Illinois Department of Employment Security
o Wagner-PeyserEmploymentServicesincludingLaborMarketInformation o MigrantandSeasonalFarmworkersMonitorAdvocateSystem
o Veterans’EmploymentandTrainingServices
o UnemploymentInsuranceServices
o TradeAdjustmentAssistance
• Illinois Department of Human Services
o RehabilitationServicesforIndividualswithDisabilities
o TemporaryAssistanceforNeedyFamilies
• Illinois Department on Aging
o SeniorCommunityServiceEmploymentProgram
• Illinois Department of Corrections
o Section212oftheSecondChanceActof2007
Illinois Department of Commerce and Economic Opportunity
Commerce is the state agency that leads economic development efforts for Illinois and is responsible for the WIOA Title IB activities. Key program activities include distributing WIOA Adult, Dislocated Worker and Youth formula funds, Trade Act funds and National Emergency Grants to 22 Local Workforce Innovation Areas (LWIAs), monitoring the local areas’ use of WIOA funds, and providing technical assistance to local areas. Commerce is responsible for the administration of the required and allowed Governor’s Statewide Workforce Activities as outlined in WIOA. Commerce issues formal guidance to the local areas through policy letters and notices designed to improve the efficiency and effectiveness of service delivery. Commerce also provides staff support to the IWIB and its committees and ad hoc task forces. As part of the Bureau of Community Development, Commerce also oversees the employment and training programs under the Community Services Block Grant Program.
Illinois Community College Board
The ICCB has the responsibility of overseeing Title II activities under the Adult Education and Family Literacy Act. Services provided include, but are not limited to, assessment, basic skills instruction, English language acquisition instruction, high school equivalency instruction, career awareness, workforce preparation, online instruction, bridge programs as well as accelerated education and training programs. Currently, there are 86 providers of adult education and family literacy in Illinois that consist of community colleges, community based organizations, regional offices of education and other approved providers. The mission and vision of adult education is to provide every individual in Illinois access to adult education and literacy services. In Illinois, more than 1.7 million adults have less than 12 grades of formal education, approximately 2.6 million Illinois residents speak a language other than English in their home, and more than 552,000 immigrants reside in Illinois. ICCB seeks to prepare adult learners to compete for jobs of the present and the future. To accomplish this it is necessary to build a system that is education, training and workforce focused.
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Illinois has seen continued growth and demand for postsecondary Career and Technical Education (CTE) in both higher completion rates and increased program offerings. Last year roughly two-thirds (66.9%) of all Illinois community college graduates earned a CTE degree or certificate and 615 new CTE programs were approved to meet workforce demands. In Illinois, federal Perkins Title I funds are divided 60/40 between the secondary and post-secondary career and technical education systems where administration is shared between the Illinois State Board of Education (ISBE) and ICCB. The 57 Education for Employment (EFE) regions receive funds from ISBE to support secondary CTE programs, and the 39 community college districts receive funds from ICCB to support post-secondary CTE programs.
The Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Perkins IV) is the most important piece of legislation affecting career and technical education (CTE) in Illinois. Perkins IV focuses state and local efforts on continuously improving programs to facilitate the academic achievement of CTE students by: strengthening the connections between secondary and post- secondary education; restructuring the way stakeholders, high schools, community colleges, universities, business and parents work together; and increasing state and local accountability standards. The intent of Illinois post-secondary CTE is to provide students with the skills and knowledge necessary to excel in the global economy. Career and technical education equips students with the foundational knowledge to explore a cluster of occupations and careers. As a student evolves through their educational experience, their focus is narrowed to a particular program. This process allows students to transition seamlessly while providing them with hands-on exploration, rigorous academics and the support necessary to succeed.
Illinois Department of Employment Security
Employment Security is responsible for administering Title III activities for employment services under the Wagner-Peyser Act. The intent of Wagner-Peyser services is to sustain economic growth by meeting the needs of job seekers, increase awareness of resource providers and expand employment opportunities. Services offered include assessments for job placement, job search assistance and online job application processing. Employment Security is responsible for increasing community awareness about the services provided via job fairs, community collaborations, onsite recruitments, resource linkage and presentations. Additionally, Employment Security is responsible for labor market and career information in Illinois through cooperative agreements with the U.S. Department of Labor (DOL) to provide statewide and sub-state employment, unemployment, occupation, wage information and statewide and sub-state industry and occupational employment projections. These data products serve as the cornerstone for the Career Information System, a web-based tool for students and job seekers to identify Illinois’ in-demand jobs and make informed choices about future career pathways.
Illinois Department of Human Services Division of Vocational Rehabilitation
Vocational Rehabilitation administers Title IV activities and is the state’s lead agency serving individuals with disabilities. Vocational Rehabilitation works in partnership with individuals with disabilities and their families to assist them in making informed choices to achieve full community participation through employment, education and independent living opportunities. The primary focus of Vocational Rehabilitation is to assist individuals with significant disabilities in obtaining and retaining competitive integrated employment. Vocational Rehabilitation services are designed to prepare an individual for employment through an individualized planning process.
Career Pathways Model
The career pathways model is one that is fairly new to the Vocational Rehabilitation system. Vocational Rehabilitation is creating training opportunities for Vocational Rehabilitation counselors to improve their
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understanding of career cluster concepts and in methods of incorporating those concepts in developing employment plans for people with disabilities. The initial focus of the training will be on transition age youth with disabilities, but also will be extended to individuals with disabilities of all ages. Coordination with the Employment and Economic Development for Persons with Disabilities Task Force created under Illinois’ Employment First initiative will be an important resource for increasing competitive integrated employment for citizens with disabilities. Members of the task force, who include people with disabilities, business representatives, and state agency officials, are focused on the same outcomes as those in the WIOA Unified State Plan: integrated service delivery, robust engagement with business, competitiveness and accessibility, cross-agency collaboration and alignment of results-driven practices.
The Illinois Department of Human Services’ Division of Family & Community Services is also the state administrator of the Temporary Assistance for Needy Families (TANF) program. DHS operates Family Community Resource Centers statewide serving TANF customers, linking them to time-limited cash assistance for basic needs, transitional services to help families become independent and screening for issues related to substance abuse, mental health and domestic violence, as well as referrals to address those issues. Employment and Training activities under TANF include assisting qualified individuals in applying for cash assistance, Supplemental Nutrition Assistance Program (SNAP) benefits and medical assistance; evaluating and assessing eligibility for work and training programs; and evaluating eligibility for supportive services, such as transportation and child care. Each TANF and SNAP customer who is engaged in workforce development services receives such services according to a responsibility and services plan.
The Department of Human Services’ Division of Family & Community Services will have a strong presence in Comprehensive One-Stop Centers and is committed to increasing workforce engagement with collaborative partnerships to achieve employment opportunities for all adults served by DHS. Casework staff will develop a services plan for TANF and SNAP recipients connecting them to career pathways opportunities offered in each Comprehensive One-Stop Center. Casework staff will connect customers in need of barrier reductions services at the Comprehensive One-Stop Centers and connect them to services offered by DHS such as mental health, substance abuse and child care. Supportive services will be provided to participants as per policy guidelines.
Illinois Department on Aging
The mission of the Illinois Department on Aging (Aging) is to serve and advocate for older Illinoisans and their caregivers by administering quality and culturally appropriate programs that promote partnerships and encourage independence, dignity and quality of life. In accordance with the federal Older American’s Act7 regulations, Aging has divided Illinois into 13 Planning and Service Areas (PSAs). The 13 PSAs in Illinois are each managed and served by an Area Agency on Aging. Aging works in partnership with these agencies: 12 not-for-profit corporations and one unit of local government, the City of Chicago. Area Agencies on Aging (Area Agencies) have the primary task of planning and coordinating services and programs for older people in their respective areas. The Area Agencies receive funding from Aging based on a formula which takes into consideration the number of older citizens and minorities in that area, as well as the number living in poverty, in rural areas and alone. Like Aging, Area Agencies are not, as a rule, direct service providers. Area Agencies contract with local agencies which provide services to the older citizens who live in the same community.
7 http://www.illinois.gov/aging/AboutUs/Pages/rules-main.aspx
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The role of Aging under WIOA is to ensure the needs of older workers and job seekers are considered so that these individuals remain employed for as long as they wish. Age is often a barrier to finding employment, and Aging’s resources can be leveraged to help older citizens find and retain employment. As a partner program, Aging has the role of administering the Senior Community Service Employment Program (SCSEP) under Title V of the Older Americans Act. The SCSEP program provides on-the-job training and resources/referrals for all individuals 55+ years of age that will ultimately lead to unsubsidized employment.
Illinois Department of Corrections
The mission of the Illinois Department of Corrections (Corrections) is to serve justice in Illinois and increase public safety by promoting positive change in offender behavior, operating successful reentry programs and reducing victimization. Corrections administers the Second Chance Act Program, which allows governments and communities to coordinate reentry efforts, enhance existing housing and support services, engage in evidence-based practices and create innovative strategies that will serve the growing needs of this population, ultimately increasing public safety and reducing recidivism.
Nationally Directed/Locally Administered Programs
There are a number of nationally directed workforce programs that are administered in some of the regions and LWIAs in Illinois. These programs, where present, will be included in the regional and local workforce plans.
National Farmworker Jobs Program
The National Farmworker Jobs Program (NFJP) provides employment and training services that are targeted to migrant and seasonal farmworkers (MSFWs). The program partners with community organizations and state agencies to counter the chronic unemployment and underemployment experienced by farmworkers who depend primarily on jobs in agricultural labor performed across the country. NFJP partners with the state monitor advocate to provide outreach services to farmworkers and their families. NFJP provides career services and training to eligible farmworkers, and coordinates with the One-Stop Delivery System. The National Farmworker Jobs Program (NFJP) grant awards are determined by a formula that estimates, by state, the relative demand for NFJP services.
YouthBuild
The US Department of Labor grants funds directly to the local YouthBuild program through an annual competitive process. YouthBuild is a community-based alternative education program that provides job training and educational opportunities for at-risk youth ages 16-24. Youth learn construction skills while constructing or rehabilitating affordable housing for low-income or homeless families in their own neighborhoods. Youth split their time between the construction site and the classroom, where they earn their GED or high school diploma, learn to be community leaders, and prepare for college and other post-secondary training opportunities. YouthBuild includes significant support systems, such as a mentoring, follow-up education, employment and personal counseling services; and participation in community service and civic engagement.
Job Corps
Job Corps is an education and vocational training program administered by the U.S. Department of Labor that helps young people ages 16 through 24 improve the quality of their lives through vocational and academic training. Job Corps’ mission is to attract eligible young people, teach them the skills they need to become employable and independent and place them in meaningful jobs or further education. Job Corps centers are operated for the U.S. Department of Labor by private companies through
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competitive contracting processes, and by other federal agencies through interagency agreements. For more information regarding the Job Corps Program in Illinois please visit: http://www.jobcorps.gov/centers/il.aspx
State Workforce Activities
Workforce development, education and training activities in Illinois have been transforming for some time. This transformation will accelerate as WIOA is fully implemented across partner programs at the local, state and regional levels. Illinois has strongly advocated and supported aligning efforts to demand industries, occupations and skills. The intent is to deliberately link education and training to the skills identified by businesses, ensuring that program completers have those skills when entering the workforce. Additionally, comprehensive career services that enable individuals to make informed decisions on education and training opportunities that maximize their potential for successful and rewarding careers are being promoted.
The state will work to develop policies and incentives to support the strategies and activities as outlined in Chapter 7. Based on experience with interagency initiatives such as the Accelerated Training for Illinois Manufacturing Program, bridge programs and other initiatives, Illinois is making a deliberate shift to increase the use of contextualized learning and work-based training while moving away from a one- size-fits-all mentality of service delivery.
Strengths and Challenges
While Chapter 2 provides data and analysis of Illinois’ workforce development, education and training activities, this section provides a snapshot of Illinois’ strengths and weaknesses of the workforce system. Core partners collaboratively identified the strengths and weaknesses as part of the unified planning process and as part of the ongoing efforts to better align and integrate service delivery consistent with the state’s vision, principles, goals and strategies, as discussed in Chapter 4.
The following summarizes key strengths of Illinois’ workforce system as identified by core partners.
• The state encourages innovation.
• Pockets of regional innovation are developing.
• State and local partners have recent experience in work-based learning due to National Emergency
Grants and Workforce Innovation Fund grants.
• State partners continue to work collaboratively and explore opportunities for service alignment.
• The state has provided technical assistance on employer engagement, sector strategies, work-based
learning, labor market information and best practice models on serving special target populations.
• The state is pursuing innovation in providing services to individuals with disabilities.
• The state is encouraging the use of lean principles in workforce development programs.
• There are examples of effective business-led regional sector partnerships that exist and that can be
leveraged as models for the rest of the state (i.e., Vermilion Advantage8).
• Illinois has been successful in administering innovative education and training initiatives, such as
Accelerating Opportunity Integrated Education and Training and Accelerated Training for Illinois Manufacturing.
8 http://www.vermilionadvantage.com/
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ILLINOIS WIOA UNIFIED PLAN
The following summarizes challenges for the workforce system in Illinois as identified by core partners.
• Employers have difficulty finding skilled workers with essential workplace skills and technical skills.
• The quality of local career services varies.
• The level of regional and local cross-program collaboration varies.
• The willingness to pursue innovation at regional and local levels varies.
• The level and quality of regional and local public-private sector partnerships varies.
• The level and quality of employer engagement varies, but the areas with weak engagement
outnumber those with well-connected employers.
• The level and quality of co-located, in-person services has coverage gaps in the Comprehensive One-
Stop Center.
• There is an emphasis on a one-size-fits-all approach, with little effort to leverage job seekers’
existing knowledge and skills to accelerate training.
• The service delivery model in Illinois is characterized by a silo approach.
The strengths identified above have been incorporated into the strategies as assets to be leveraged, and
the challenges also addressed in the strategies as improvement opportunities.
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ILLINOIS WIOA UNIFIED PLAN
CHAPTER 4 – STATE VISION, PRINCIPLES, GOALS AND STRATEGIES
Illinois is planning now for what the state will come to be during the 21st century. These are exciting times, marked by dramatic change, challenges and opportunities. Illinois is emboldened by a strong sense of mission and is encouraged by WIOA, which codifies into law many of the strategies that the state has worked on for years.
Vision Statement
Promote employer-driven talent solutions that integrate education, workforce and economic development resources across systems to provide businesses, individuals and communities with the opportunity to prosper and contribute to growing the state’s economy.
Principles
• Demand Driven Orientation – Through a sector strategy framework, the state should support the systemic assessment of business needs for talent across local, regional and state levels and ensure that strong partnerships with business drive decision-making across the talent pipeline.
• Strong Partnerships with Business at All Levels – Strong partnerships with business should focus on equipping employers with the support and tools they need to define in-demand skills and articulate those needs to education and training providers. Strong partnerships at the regional and local level should be recognized and inform the development of high-quality partnerships across the state.
• Career Pathways to Jobs of Today and Tomorrow – Partnerships with business should drive the development of career pathways that meet employers’ skills needs today, while offering individuals clear opportunities to build and upgrade their skills and advance their career over time. Those pathways should be integrated within the P-20 system, including adult education, to help students and young adults identify career pathway options and offer flexibility to build upon their skills to meet the evolving needs of the global economy.
• Cross-agency Collaboration and Alignment – Developing career pathways and stackable credentials will demand collaboration and alignment across agencies that contribute to Illinois’ overall talent pipeline. There should be a focus on improving the strategic connections across all components and levels of the education and workforce systems to ensure no “dead ends” exist.
• Integrated Service Delivery – Enhanced collaboration and alignment across state agencies at a strategic level should lead to better service delivery integration. Multiple state agencies and partners are positioned to support the success of individuals and businesses. Technology and integrated data systems can help illustrate those interrelationships and position the system to collaborate across agencies to deliver the right services at the right time.
• Access and Opportunity For All Populations – Coordinated and comprehensive services can help targeted populations (see Chapter 2) prepare for and advance along a career pathway. Connecting individuals with relevant supports, such as transportation, child care and transition services enables the systems to be responsive to the needs of individuals’ workforce readiness.
• Clear Metrics for Progress and Success – The Unified State Plan should include metrics for assessing progress and success. As the talent pipeline serves two customers – businesses and individuals – those metrics should reflect the strategic priorities of the state that relate to building a globally competitive workforce. Illinois will develop metrics or examine existing framework metrics that define successful career pathway programs (i.e., Alliance for Quality Career Pathways (AQCP)).
• Focus on Continuous Improvement and Innovation – The system should establish mechanisms for continual assessment of system performance and opportunities for improvement, as well as for encouraging innovation and disseminating best practices. This includes the continued enhancement of non-traditional methods for delivering education and training. Additionally, the growing role of
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ILLINOIS WIOA UNIFIED PLAN
entrepreneurship and its contributions to employment and economic growth will be an outcome of continuous improvement and innovation.
State Goals
Illinois’ Vision and Principles establish a foundation for a new era of integration of Illinois’ workforce, education and economic development policy and programs. The partners will collectively use the following goals to support our vision to align and integrate education, workforce and economic development strategies at the state, regional and local levels to improve the economic growth and competiveness of Illinois employers and their workforce.
• Foster improvement and expansion of employer-driven regional sector partnerships to increase the focus on critical in-demand occupations in key sectors that are the engine of economic growth for the state and its regions.
• Expand career pathway opportunities through more accelerated and work-based training and align and integrate programs of study leading to industry-recognized credentials and improved employment and earnings.
• Expand career services and opportunities for populations facing multiple barriers to close the gap in educational attainment and economic advancement through career pathways and improved career services and expansion of bridge programs.
• Expand information for employers and job seekers to access services by improving the Illinois public- private data infrastructure to support the alignment and integration of economic development, workforce development and education initiatives for supporting sector partnerships and career pathways.
State Strategies
The vision and principles will be implemented through six policy strategies that together are necessary to reach the state plan goals. This section provides an overview and rationale of each strategy and how they fit together. Chapters 6-9 address how these strategies will be implemented and coordinated by the core programs and other partners. These strategies, and how they will be implemented as outlined in Chapter 7, reflect input from the Interagency Work Group which includes both core and required partners. Additionally, this group identified and addressed state-level issues with technical and programmatic details associated with new requirements under the law.

How many revenue streams to states get they forget to tell you and how do they divide the social security monies?

May 5, 2017 § Leave a comment

The young people and families involved with the Child Welfare Systems have ALWAYS been a passion of mine to make their lives better! Shared via one of the best child welfare consultants in the country! “A bipartisan bill to keep kids out of foster care is moving in Congress thanks to Sen. Ron Wyden’s (D-OR) dogged efforts:
House Ways and Means Committee Chairman Kevin Brady (R-TX) and Ranking Member Sander Levin (D-MI) and Senate Finance Committee Chairman Orrin Hatch (R-UT) and Ranking Member Ron Wyden (D-OR) Released a Draft of the Family First Prevention Services Act of 2016.
This afternoon the Chairman and Ranking Member of both the House Ways and Means Committee and the Senate Finance Committee released the Family First Prevention Services Act of 2016 and announced that the bill will be introduced in both the House and Senate in the coming days. This draft bill builds on and adds to provisions in the Family First Act, first developed by Senate Finance Committee Chairman Hatch and Ranking Member Wyden, and extends and updates other important child welfare provisions to help abused and neglected children that were expiring this year. It represents an historic step forward for vulnerable children and families and signals the continuing bipartisan and bicameral commitment of the House Ways and Means and Senate Finance Committees to work together to improve outcomes for children who come to the attention of the child welfare system.
Key provisions from the Family First Act that are included will help:
· Keep children at risk of foster care placement safely with parents or relatives by making federal funds available for mental health and substance abuse prevention and treatment services and in-home parent skill-based programs.
· Encourage the placement of children in foster care in the most family-like settings appropriate to their special needs.
The Family First Prevention and Services Act also includes a number of new provisions, including:
· Offers additional support for relative caregivers by allowing a federal match for evidence-based Kinship Navigator programs to help children remain safely with family members and requiring states to document how their foster care licensing standards accommodate relative caregivers.
· Addresses the recent spike in out-of-home placements due to the opioid and heroin epidemic by reauthorizing and updating the Regional Partnership Grant (RPG) program, which funds state and regional grantees seeking to provide evidence-based services to prevent child maltreatment related to substance abuse.
· Amends the John H. Chafee Foster Care Independence Program to allow states to continue to assist former foster youth up to age 23, and to extend eligibility for education and training vouchers to youth to age 26.
· Encourages permanence for children by reducing unnecessary delays by encouraging states to use electronic interstate case-processing systems to help expedite the interstate placement of children in foster care, adoption or guardianship.
· Extends for five years (FY2017 – FY2021) the Title IV-B Promoting Safe and Stable Families and Child Welfare Services programs.
· Extends for five years (FY2017 – FY2021) the Adoption and Legal Guardianship Incentive Payment program.
· Takes steps, including requiring a GAO Report, to ensure states are reinvesting state dollars freed up by making additional children eligible for Title IV-E Adoption Assistance payments and postpones for 2 ½ years the Title IV-E Adoption Assistance “de-link” for the adoptions of infants and toddlers.
Please let Ways and Means Committee Chairman Kevin Brady and Ranking Member Sander Levin and Human Resources Subcommittee Chair Vern Buchanan and Ranking Member Lloyd Doggett and Senate Finance Committee Chair Orrin Hatch and Ranking Member Ron Wyden know of your organization’s support for the Family First Prevention Services Bill.
Please click here for the press release from the House Ways and Means Committee on this important bill. The Ways and Means Committee also developed a three-page summary of the Family First Prevention Services Act.
The Children’s Defense Fund is also developing a longer summary of the bill and will share that soon with the Coalition. We will also circulate an announcement for an upcoming Coalition meeting sometime next week to review the bill and discuss next steps.
A list of various Titles and Sections in the bill (and page numbers) are below for your convenience.
THE FAMILY FIRST PREVENTION AND SERVICES ACT
TITLE I—INVESTING IN PREVENTION AND FAMILY SERVICES (p. 3)
Subtitle A—Prevention Activities Under Title IV–E (p. 4)
Sec. 111. Foster care prevention services and programs. (p. 4)
Sec. 112. Foster care maintenance payments for children with parents in a licensed residential family-based treatment facility for substance abuse. (p. 35)
Sec. 113. IV–E payments for evidence-based kinship navigator programs. (p. 38)
Subtitle B—Enhanced Support Under Title IV–B (p. 39)
Sec. 121. Elimination of time limit for family reunification services while in foster care and permitting time-limited family reunification services when a child returns home from foster care. (p. 39)
Sec. 122. Reducing bureaucracy and unnecessary delays when placing children in homes across State lines. (p. 40)
Sec. 123. Enhancements to grants to improve well-being of families affected by substance abuse. (p. 45)
Subtitle C—Miscellaneous (p. 54)
Sec. 131. Reviewing and improving licensing standards for placement in a relative foster family home. (p. 54)
Sec. 132. Development of a statewide plan to prevent child abuse and neglect fatalities. (p. 56)
Sec. 133. Modernizing the title and purpose of title IV–E. (p. 57)
Sec. 134. Effective dates. (p. 57)
TITLE II—ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER FAMILY HOME(p. 59)
Sec. 201. Limitation on Federal financial participation for placements that are not in foster family homes. (p. 60)
Sec. 202. Assessment and documentation of the need for placement in a qualified residential treatment program. (p. 70)
Sec. 203. Protocols to prevent inappropriate diagnoses. (p. 78)
Sec. 204. Additional data and reports regarding children placed in a setting that is not a foster family home. (p. 79)
Sec. 205. Effective dates; application to waivers. (p. 81)
TITLE III—CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES (p. 82)
Sec. 301. Supporting and retaining foster families for children. (p. 82)
Sec. 302. Extension of child and family services programs. (p. 83)
Sec. 303. Improvements to the John H. Chafee foster care independence program and related provisions. (p. 84)
TITLE IV—CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL GUARDIANSHIP (p. 93)
Sec. 401. Reauthorizing adoption and legal guardianship incentive programs. (p. 94)
TITLE V—TECHNICAL CORRECTIONS (p. 94)
Sec. 501. Technical corrections to data exchange standards to improve program coordination. (p. 94)
Sec. 502. Technical corrections to State requirement to address the developmental needs of young children. (p. 96)
TITLE VI—ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN ADOPTION ASSISTANCE (p. 97)
Sec. 601. Delay of adoption assistance phase-in. (p. 97)
Sec. 602. GAO study and report on State reinvestment of savings resulting from increase in adoption assistance. (p. 98)”‘

Writing a Better Appellate Brief

April 15, 2017 § Leave a comment

Writing Better Appellate Briefs
Thanks for great info and insight walking through the mess they set up for us all.
I. Introduction
Appellate justices will tell you over and over – most cases are won or lost on the
briefs. In today’s world of shorter and shorter oral arguments, we must present
the bulk of our argument in written format and cannot rely on an oral
presentation to convey our points. In fact, today most appellate courts view oral
argument as a conversation to discuss remaining questions with the case;
arguments are not a long recitation of facts and authorities or powerful analysis.
A. Governing Rules
The applicable rules for civil appeals are found in the 300–series rules; those
governing criminal appeals are found in the 600-series.
The rules of procedure concerning appellate briefs are not mere suggestions, and it is
within this court’s discretion to strike [a] brief for failing to comply with Supreme Court
Rule 341.” Crull v. Sriratana, 376 Ill. App. 3d 803, 812 (4th Dist. 2007).
The governing rules should be consulted before any appellate project.
B. The Importance of Planning
The following steps are recommended when beginning work on your brief,
regardless of whether you are the appellant or the appellee. Perhaps the most
important suggestion is to clear sufficient time for the brief. Most briefs take a
minimum of 30-40 hours to prepare, from notice of appeal to oral argument
preparation.
What to Review?
• Review the case in full and thoroughly study the record on appeal.
o Order appealed from;
o Underlying motions;
o Transcripts and exhibits;
o Review prior research;
o Identify your issues;
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o Confirm you have the correct standard of review.
• Update your research.
• Create an outline.
o What must I show to win?
o How do I show that?
o Anticipate problems, questions, your opponent, the court.
• Formulate a theme for the brief.
• Write it, and then edit, edit, edit.
C. The Importance of Editing and Not Simply Dictating the Brief
Editing is crucial to a good brief. Sufficient time should be allowed for many
revisions to the brief, including reads for typographical errors, grammar, and
condensing prose. Each sentence of the brief should be confronted with the
questions, “what does this add to my brief? Can I say this in fewer words?”
Example One
Matt Garner also testified at trial before Arbitrator Smithson (C. 77). Matt Garner
was the employer’s chief mechanic at that time (C. 77). He was working on the
day of the claimant’s accident (C. 78). He did not see the accident (C. 78). He did
hear the claimant tell his shift supervisor that he had cut his hand on the stamp
press (C. 79). He saw the cut on claimant’s hand (C. 79-80). The claimant’s shift
supervisor was Pollyanne McBride (C. 45, 80).
Example Two
Matt Garner, the employer’s chief mechanic, testified that while he did not
witness the claimant’s accident, he overheard the claimant report the injury to
the shift supervisor, Pollyanne McBride, and he saw the claimant’s injured hand
(C. 77-80).
You should also consider having the brief read by a secretary or paralegal.
Also, avoid dictating your brief, unless you plan to do heavy editing. We speak
differently than we write and it is usually readily apparent when counsel simply
dictates a brief and sends it to be bound. Your conversational tone should be
saved for the oral argument.
II. The Brief
A. Procedural Matters
There are various general requirements for an appellate brief set forth in
Supreme Court Rule 341.
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1. Form of Brief
According to Rule 341(a), briefs must be double-spaced with 1-½ inch margins
on the left side and 1 inch margins on all other sides. The briefs must be securely
bound on the left side. Typeface must be 12-point or larger.
Rule 341(a) also expresses some preferences of the court. The Rule states that
lengthy quotations are not favored and footnotes are discouraged.
2. Length of Brief
The appellant’s brief is limited to 50 pages. Rule 341(b)(1). This limitation
excludes the cover, the statement of points and authorities, the certificate of
compliance, the certificate of service and those pages to be appended to the brief.
A motion to file a brief in excess of the page limitation is allowed, but not
favored. Rule 341(b)(2). If a motion is filed, it must be filed at least 10 days before
the brief is due and must state the number of excess pages requested and the
specific grounds for the necessity of additional pages.
3. Certificate of Compliance
Filed with the brief, an attorney must submit a signed certification that the brief
complies with the form and length requirements. Rule 341(c). This certificate
reads as follows:
I certify that this brief conforms to the requirements of Rules 341(a) and (b). The
length of this brief, excluding the pages containing the Rule 341(d) cover, the
Rule 341(h)(1) statement of points and authorizes, the Rule 341(c) certificate of
compliance, the certificate of service, and those matters to be appended to the
brief under Rule 342(a) is ____ pages.
4. Covers
Per Rule 341(d), the cover of the brief shall be white and include:
• The number of the case in the reviewing court and the name of that court;
• The name of the court from which the case was brought;
• The name of the case as it appeared in the lower tribunal (except that the
parties should now be referred to as plaintiff-appellant, etc.);
• The name of the trial judge entering the judgment; and
• The individual names and addresses of the attorneys (or unrepresented
parties).
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5. Copies and Proof of Service
Nine copies of each brief shall be filed in the Appellate Court. Rule 341(e).
Twenty (20) copies shall be filed in the Supreme Court. Three (3) copies of the
brief shall be served upon each other party to the appeal. A proof of service must
be filed with all briefs.
6. References to Parties
In a brief, the parties should not be referenced as “appellant,” “appellee,”
“respondent,” or “petitioner.” Instead, the parties should be referenced as they
were in the trial court, or by descriptive terms such as “the injured person” or
“the employer.”
In a juvenile case or a case involving mental health, the parties shall be referred
to by first name and last initial.
B. Substantive Thoughts
1. Nature of the Case
Supreme Court Rule 341(h)(2) requires an introductory paragraph stating the
nature of the action and of the judgment appealed from and whether the
judgment is based upon the verdict of a jury. The introductory paragraph must
also state whether any question is raised on the pleadings.
The “Nature of the Case” section should be limited to informing the appellate
court of what lies ahead in your brief. It should not be argumentative, but it can
suggest an answer. The section should inform the court generally of the type of
case before it, the specific claims asserted, and defenses, the nature of the action
which brought the case before the appellate court, and the court’s disposition of
that motion.
This appeal challenges the circuit court’s order granting defendant Mitchell’s
motion for summary judgment against the plaintiff Anderson. Anderson was
struck by a car driven by Mitchell’s teenage son, but owned by Mitchell;
Anderson alleged that Mitchell was liable for his son’s actions based on negligent
entrustment. The circuit court granted summary judgment for Mitchell, finding
there that Anderson had presented no evidence that Mitchell knew the car had
been taken, no evidence that Mitchell gave permission to drive the car, and failed
to present any evidence that Mitchell had reason to believe that his son was an
inept or unqualified driver. Anderson now appeals to this Court.
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The nature of the case section should be short, concise and should not be
argumentative.
2. Statement of Jurisdiction
a. Procedural Rules
When appealing to the Supreme Court directly from the trial court or as a matter
of right from the Appellate Court, there must be a brief statement of the
jurisdiction grounds for the appeal under the heading “Jurisdiction.” Rule
341(h)(4).
Rule 341(h)(4) also provides that when a case is appealed to the Appellate Court
there shall be a “Jurisdiction” heading. Under this heading, the appellant shall
give a brief statement for the basis for appeal including:
• The supreme court rule or other law which confers jurisdiction
upon the reviewing court;
• The facts of the case which bring it within this rule or other law;
• The date that the order being appealed was entered;
• Any other facts which are necessary to demonstrate the appeal is
timely; and
• In an appeal from a judgment to all claims and parties, a
demonstration of the disposition of all claims and all parties.
All facts recited in this statement must be supported by page references to the
record on appeal.
b. Substantive Thoughts
This section should be short and inform the appellate court of the jurisdictional
basis for the appeal. You should reference the date of the order appealed from,
state that the order was final and disposed of all issues in the case, and include
the date of any applicable motion to reconsider and the order disposing of that
motion. The notice of appeal should also be referenced by date.
If there is a jurisdictional issue, you can mention that deficiency in your
statement of jurisdiction, and should consider filing a separate motion to dismiss
the appeal and then include an argument on that basis in the brief, if there is
insufficient time for the appellate court to rule or if the court takes the motion
with the case.
If you are an appellant and are concerned with a jurisdictional issue, you can file
a motion to clarify jurisdiction to get the court’s attention early in the case.
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Appellate jurisdiction is proper under Supreme Court Rules 301 and 303
following the circuit court’s final order entered on July 10, 2011 (C. 9; A-4). In
that order, the circuit court granted defendant Mitchell’s motion for summary
judgment, disposing of both counts of plaintiff Anderson’s complaint (C. 9-14; A-
4-9). Anderson filed his notice of appeal on July 16, 2011 (C. 18; A-2).
If there are multiple parties, be sure to indicate how claims as to each party have
been resolved so as not to create a question of whether your order is final and
appealable.
3. Statement of Issues
A statement of the issues presented for reviewed, without detail or citation of
authorities, is required by Rule 341(h)(3).
Avoid simply stating, “Whether the trial court erred,” or “Whether the trial
judge abused his discretion by refusing to admit evidence.”
Issues should be used as a tool to help you persuade the appellate court that you
are correct. They should identify the exact issue before the court and suggest the
answer you desire.
Also, you are not wedded to using “whether” to commence each issue presented.
Consider the following “deep” issues:
Did the circuit court judge abuse his discretion by denying the defendants’ forum
non conveniens motion based on the presence in St. Claire County of one
occurrence witness, when the plaintiff, a resident of Nebraska, was injured in
Nebraska, received his medical treatment in Iowa, and all other witnesses to the
accident were located in either Iowa or Central Nebraska?
Can a circuit judge properly admit medical testimony from a physician
concerning the victim’s recent and pre-attack diagnosis of advanced syphilis,
where that testimony would reasonably demonstrate that her condition would
have been passed to the defendant had he truly committed the alleged sexual
assault?
Is the jury’s verdict finding the defendant not guilty against the manifest weight
of the evidence where there was no claim of comparative negligence made
against the plaintiff and the defendant admitted on the stand that he entered the
intersection against a red light?
It is also acceptable to use issues with multiple statements.
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Taking the time to craft an informative issue statement can help you formulate
your argument and also persuade the court that you should prevail.
4. The Standard of Review
Rule 341(h)(3) requires a concise statement of the applicable standard of review
for each issue, with citation to authority. This statement shall be located either in
the discussion of the issue in the argument or under a separate heading before
the discussion in the argument.
1. What is a standard of review?
The standard of review refers to the level of deference a reviewing court affords
the determinations of the circuit court. The standard of review varies depending
on the type of decision made at the lower level (e.g., motion to dismiss, summary
judgment, verdict) and the nature of the issue from which an appeal is sought
(fact, discretionary, legal).
It is imperative to understand the standard of review that will be applied by the
appellate court, because the standard of review almost always determines the
outcome. An excellent reference on applicable standards of review for specific
scenarios is Hugh Griffin and Hugh S. Balsam, The Standard of Review in Civil
Cases in Illinois: More Than Meets the Eye, 15 APP.L.REV. 1 (Winter 2002 – 2003).
2. What are the standards?
The standard of review can be set forth in a separate section of the brief. If
multiple issues are presented, the applicable standard of review must be stated
for each issue raised.
De Novo
Under the de novo standard of review, the appellate court grants no deference to
a trial court’s determination and instead it conducts an independent review of
the issue on appeal. In re Marriage of Abrell, 236 Ill. 2d 249, 255 (2010).
The de novo standard of review typically is applied whenever an issue is
adjudicated short of trial on issues that are purely legal in nature or that do not
involve a weighing or adjudication of evidence. For example, an appellate court
applies a de novo standard of review to trial court orders that grant a motion to
dismiss or a motion for summary judgment. Wright v. Pucinski, 352 Ill. App. 3d
769 (1st Dist. 2004).
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Examples:
Although the issue involves the retroactivity of child support, the trial court’s
decision was predicated on its finding that it had no authority to make the
modification of child support retroactive prior to May 2007. This is a question of
law, and therefore, we apply a de novo standard of review. In re Marriage of Streur,
2011 IL APP (1st) 082326, ¶ 13.
Abuse of Discretion
Appellate courts review discretionary findings under an abuse of discretion
standard. Abuse can be found only if a court acted arbitrarily without the
employment of conscientious judgment or exceeded the bounds of reason and
ignored recognized principles of law. Zurich Ins. Co. v. Raymark Industries, Inc.,
213 Ill. App. 3d 591 (1st Dist. 1991). The test is often stated as no reasonable trier
of fact would have reached the conclusion reached below. At least one court has
noted out the need for a fact-finder to make specific findings of fact so as to
enable the appellate court to determine whether there existed an “informed
basis” for the circuit court’s ruling. See, e.g., McGrath v. Botsford, 405 Ill. App. 3d
781 (2d Dist. 2010).
The abuse of discretion standard is applied to types of judgments that the circuit
court is deemed to have considerable latitude in deciding, e.g., leave to amend or
file pleadings, admission of evidence, and compliance with deadlines. See In re
Marriage of D.T.W. and S.L.W., 2011 IL APP (1st) 111225, ¶ 107 (a circuit court’s
ruling granting an amendment to a petition for removal is reviewed for an abuse
of discretion).
Examples:
The trial court is vested with broad discretion in determining matters of
visitation, and we will not disturb a trial court’s decision as to visitation unless
the trial court abuses its discretion, or where a manifest injustice has been done
to the children or the parent. In re Marriage of Diehl, 221 Ill. App. 3d 410, 429 (2d
Dist. 1991).
A trial court’s decision regarding retroactivity of child support is usually
reviewed under an abuse of discretion standard. In re Marriage of Eberhardt, 387
Ill. App. 3d 226, 233 (1st Dist. 2008).
The allowance of attorney fees and the amount awarded are matters within the
sound discretion of the circuit court and will not be reversed on appeal absent an
abuse of discretion. In re Marriage of Streur, 2011 IL APP (1st) 082326.
Although the issue involves the retroactivity of child support, an issue usually
reviewed under an abuse of discretion standard, the trial court’s decision was
predicated on its finding that it had no authority to make the modification of
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child support retroactive prior to May 2007. This is a question of law, and
therefore, we apply a de novo standard of review. In re Marriage of Streur, 2011 IL
APP (1st) 082326, ¶ 13.
A reviewing court will not disturb the circuit court’s decision to enter a
bifurcated judgment of dissolution of marriage absent an abuse of discretion. In
re Marriage of Wade, 408 Ill. App. 3d 775, 778 (1st Dist. 2011).
Manifest Weight of the Evidence
This standard applies to findings of fact, which includes credibility and
evaluating conflicting evidence. The manifest weight standard asks whether an
opposite result is clearly apparent or when the trial court’s findings are
unreasonable, arbitrary or not based on the evidence. In re Custody of K.P.L., 304
Ill. App. 3d 481, 488 (3d Dist. 1999). The trier of fact is given considerable
deference under this standard and a reviewing court will not reverse simply
because it would have reached a different conclusion or because an alternative
inference might be possible.
Examples:
A trial court’s determination of what is in the best interests of the children will
not be reversed unless it is clearly against the manifest weight of the evidence
and it appears that a manifest injustice has occurred. In re Marriage of
Collingbourne, 204 Ill. 2d 498, 521 (2003).
For briefs filed in the Third District, the standard of review must be included
with each issue in the argument section. Local Administrative Rule 48.
The standard of review can be stated as follows:
This issue involves whether jury’s verdict is against the manifest weight of the
evidence. A decision is against the manifest weight of the evidence where an
opposite result is clearly apparent. In re Marriage of Demaret, 2012 IL APP (1st)
111916, ¶ 43. On questions of fact, this Court should affirm where there is some
evidence to support the jury’s determination; this Court may not substitute its
decision simply because a different conclusion could be reached.
Outside the Third District, the standards of review can be stated in one
preliminary section so long as the appropriate standard is related to each issue.
5. Statement of the Facts
Rule 341(b)(6) provides that the Statement of Facts be stated “accurately and
fairly and without argument or comment, and with appropriate reference to the
pages of the record on appeal … .”
10
There are several considerations when preparing your statement of facts. First
and foremost, we want to be non-argumentative. Second, while we want to
present all of the facts necessary to help the court decide our case, we also need
to be mindful of leaving out those facts which do not add any useful information.
An example is the lawyer’s tendency to want to describe every filing by date and
full title. Consider the following two examples:
Examples
Version 1
On July 3, 1999, the plaintiff, Anna Kendrick, by and through her
attorney, Lofton Sinclair, filed her complaint for damages against
the defendant, Dale Burton, in the Circuit Court of Madison
County, Illinois, seeking to recover for negligence arising out of an
automobile accident that occurred at 7:15 a.m. on July 2, 1997, at the
intersection of Illinois Route 4 and Cobbler Road (C. 1, 2). At the
time of the collision, Kendrick was traveling southeast on Illinois 4
in a blue Oldsmobile (C. 3). Burton was driving in a westerly
direction in a white Ford F 150 pickup truck (C. 4).
On July 29, 1999, the defendant filed a section 2-615 motion to
dismiss the complaint, which was granted by the circuit court,
Judge John Carter presiding, on August 27, 1999 (C. 22, 30). Leave
was given to replead (C. 31). The plaintiff filed a first amended
complaint on September 15, 1999, to which the defendant filed a
section 2-619 motion to dismiss on October 1, 1999, this time raising
the two year statute of limitations (C. 35, 41). The circuit court
granted the motion on November 10, 1999, following a hearing on
that motion held October 25, 1999 (C. 50; R. 1, 17).
Version 2
The plaintiff, Anna Kendrick, filed a complaint against the
defendant, Dale Burton, alleging negligence arising out of a July 2,
1997 automobile accident (C. 1, 2). Following the court’s dismissal
of the complaint for failure to state a cause of action, the plaintiff
amended her complaint; the defendant filed a section 2-619 motion
to dismiss, this time raising the two year statute of limitations (C.
35, 41). The circuit court granted the motion on November 10, 1999
(C. 50; R. 1, 17).
11
Another significant consideration is how to script the statement of facts. While
striving to tell a story, we have the option of telling the story in chronological
order, incident facts versus procedural facts, or issue-related. We should avoid
presenting trial testimony in a witness by witness fashion; it is hard to follow.
Consider this example of a narrative from a defendant’s brief combining the
observations of a second witness with the plaintiff’s:
While Marshall said the traffic light was yellow as she entered the intersection
(C. 256), John Simpson, who was traveling in the car immediately behind her,
said the light had already turned red and that he had already began to slow his
vehicle when Marshall entered the intersection (C. 412-415). Simpson, an
accident reconstruction expert who was on his way to a deposition, said he had
paid close attention to Marshall’s car because he had noticed her tail lights were
not functioning (C. 420).
This statement tells us what the plaintiff Marshall claims, then offers evidence to
refute that statement and further offers evidence of his credibility.
As appellee, we want to offer a supplemental statement of facts in most cases.
Remember, while we want to present a non-argumentative statement of facts, we
nevertheless want to present the statement in a light most favorable to our
position. This means we will rarely accept the statement of facts offered by our
opponent.
Some claim the best approach to writing a brief is to write the argument first;
however, a command of the facts is essential to fully understanding your case.
Thus, it may be best to draft the statement of facts first, then daft the argument.
General TIPS for the Statement of Fact
• Avoid telling the whole story from beginning to end. Rarely is that an
effective technique.
• Where possible, break the facts into those necessary to show how the
controversy arose and those telling the procedural history of the case,
including trial testimony of experts.
• Use subheadings.
• Be candid and tell both favorable and unfavorable facts.
• Support all fact references with citations to the record.
• Avoid repetition – in fact intensive cases, summarize the facts in the
statement of facts and then draw these out in detail during the argument,
or vice versa.
12
6. Argument
a. Procedural Rules
Rule 341(h)(7) provides that the argument shall contain the contentions of the
appellant and the reasons therefore, and must contain citation of the authorities
and the pages of the record that are relied on. It is important to note that citation
to numerous authorities in support of the same point is not favored. Also, points
not argued are waived and shall not be raised in the reply brief, oral argument or
petition for rehearing.
b. Substantive Thoughts
The argument section is where we address each of the issues in detail and show
how we reached the conclusions supporting our desired relief. The best approach
is to prepare an outline and then supplement and expand that document with
your supporting points and authorities. This outline can then be used to prepare
the overall argument. By using this approach you can better see how the
argument comes together and identify potential holes in your logic.
Also, appellate brief arguments should not resemble a law journal article. While
a law journal article may include a detailed historical background or provide a
thorough discussion of the development of the law, this is rarely productive in
an appellate brief. In most instances, reference to a few governing principles will
suffice as will a single citation to a seminal case rather than a string of cites.
Likewise, an appellate brief need not always include a laundry list of broad,
neutral principles of law.
General Comments on the Argument Section:
• Lead with conclusions.
• Use headings and sub-headings.
• Keep your paragraphs short.
• Both show and tell the court what you are saying.
• Remember to cite case or statutory authority – you do not want waiver.
• Limit quotations.
• Be concise in your arguments.
• Spelling, tense, grammar, syntax.
• Avoid legalese.
An argument should ideally be organized to present the strongest argument first,
followed by one of two other points. If several issues relate to the admission of
13
evidence, those can be grouped together under one general issue and then
addressed individually with sub-issues.
One area that occasionally appears and presents a problem is that of a strong
damages argument mated with a weak liability argument. Logically, we should
address liability first and then address damages. At times we can continue with
the logical presentation in our brief and change our emphasis or focus at oral
argument.
Typical Criticisms of Briefs
• Briefs are too long.
• Counsel raises too many issues.
• Argumentative statements of facts.
• No organization or lack of focus.
• Misrepresentation of the record or the cited case law.
• Failing to address negative facts or significant cases cited.
• Failure to abide by court rules.
• Typos, misspellings, and grammar errors.
• Refusal to reference or apply the standard of review.
• Personal attacks against counsel or the trial court.
• Failure to cite the record or case authority.
• Footnotes.
7. The Conclusion
A conclusion is required by Rule 341(h)(8).
The conclusion should simply ask the Court for the desired relief. The conclusion
should ask for both primary and alternative relief, whether that relief be a new
trial, a new trial on damages only, or affirmance of the circuit court’s order of
dismissal or summary judgment.
Use of Summaries
Summaries are not required but are strongly recommended in either complex or
long briefs. A tight introductory summary helps direct the court where you are
going and a good ending summary ties all of your points together so that the
court can leave your brief with a good understanding of your points.
14
III. The Appendix
Supreme Court Rule 342(a) states that the appendix shall include the order
appealed from, the notice of appeal, and, if the appellant’s brief, the index to the
record on appeal.
However, the appendix should also include any documents that are significant in
your appeal. These additional materials may include jury instructions or special
interrogatories, verdict forms, a transcript of an offer of proof, a key photograph
or chart, or a pleading demonstrating that you did not waive an issue.
Remember, there is only one record on appeal; but there can be anywhere from
three to five to seven members of the court reviewing your brief. Including all
significant documents in the appendix ensures that these documents are with the
brief and available to the justice to review wherever the brief is reviewed.
IV. Citations
A. Record Citations
Record citations should be offered for each fact referenced, whether in the
statement of facts or argument section of the brief. Citations should be listed as
follows:
Common law record citations (C. __).
Transcript of Proceedings citations (R. __)
Because the circuit clerks often get creative when preparing the record on appeal,
these are general guidelines and not hard and fast rules.
TIPS for Record Citation
• Indicate in a footnote any unusual citation system employed by the circuit
court.
• If there are many volumes, consider indicating the volume number with
the “C” number as follows: (Vol. I, C. 12; Vol. 6, C. 1498).
• Some transcripts will be given volume numbers based on the individual
transcripts, so there may be multiple “R” citations; for these records, a
volume reference is a must: (Vol. 2, R. 27).
Key documents included in your appendix (discussed later) should be cited with
the record citation as follows: (C. 77; A-14). This lets the appellate court know
that the document is contained in the brief appendix.
15
B. Case Citations
Case citations should follow the blue book and, for cases as of July 1, 2011,
follow the new Supreme Court citation system.
TIPS for Case Citations
• Omit references to Illinois decisions.
• Use pin-point citations to specific pages (Illinois reporters) or paragraphs
(new system).
• Use short cites; repeat full citation or at least first page of citation if you
get too far from original citation. Murphy, 398 Ill. App. 3d 10, 18.
• Always include reference in the citation form to the applicable appellate
court district.
• You cannot cite to Rule 23 orders.
• Try to cite to controlling case; where possible cite to an Illinois Supreme
Court case, followed by the controlling or leading case from your
appellate district.
• Avoid string cites.
• Consider using parentheticals, but do not use them to argument
substantively.
V. Motions Affecting the Brief
A. Motion to Enlarge Page Limitation
Page limitations should be strictly adhered to and motions to enlarge the number
of pages should be used sparingly. A motion to enlarge page limitations can also
be limited to the statement of facts; the Third District has a 15-page limitation on
the fact section.
B. Motion for Extension of Time to File Brief
Motions for extension of time are governed by Supreme Court Rule 361(f) as well
as local rules applicable to each district. Motions asking for additional time
should explain why the added time is needed and should be supported by an
affidavit of counsel. It is also best to ask opposing counsel for consent and then to
label the motion as “agreed.” The Second District has extremely precise
requirements which are spelled out in Local Rule 103. Most districts will grant at
least one extension of 30 days as a matter of course.
At times, a motion for stay of the briefing schedule may be the more advisable
approach. Appropriate situations may include those where counsel has reached a
16
tentative settlement and is awaiting some additional finding or documentation
necessary to finalize the settlement. In that case, the parties should ask for the
stay and then agree to provide the court with a status letter every 30 days on
progress.
VI. Appellee Briefs and Reply Briefs
A. Appellee Briefs
The appellee’s brief is also limited to 50 pages, subject to the same rules as the
appellant’s brief per Rule 341(b)(1). The cover of an appellee brief must be light
blue as stated in Rule 341(d).
The appellee’s brief requires fewer sections than an appellant’s brief. According
to Rule 341(i), the appellee’s brief must include argument; the statement of facts
and other sections found in the appellant’s brief are optional and should be
referenced only where there is error or misstatement in the appellant’s brief.
However, that being said, most appellees should include their own supplemental
statement of facts, setting forth the facts it deems appropriate and most favorable
to its position.
Strategically, the appellee’s brief seeks not to point out error but rather to uphold
and support the circuit court’s decision. If the issues before the appellate court
are fact issues and subject to the manifest weight of the evidence standard, your
appellee brief should point out to the court how the standard requires
affirmance. In other words, the appellee should point out those evidentiary facts
supporting the fact finder’s determinations. It may not be necessary to address
all of the appellant’s points in great detail. Where the issues are discretionary, the
goal of the appellee is to show that the trial judge did not abuse his or her
discretion.
Other Goals of the Appellee Brief
• Correcting a misstated issue.
• Correcting a standard of review.
• Correcting factual misstatements.
• Demonstrating the argument is flawed.
• Pointing out waiver.
17
B. Reply Briefs
Reply briefs are optional, but generally recommended. Per Rule 341(b)(1), a reply
brief is limited to 20 pages. The cover of a reply brief must be light yellow per
Rule 341(d). This brief should be confined to a direct rebuttal of the appellee
brief. New arguments or issues may not be raised. Arguments raised for the first
time in a reply brief are considered waived. See Illinois Health Maintenance
Organization Guar. Ass’n. v. Department of Ins., 372 Ill. App. 3d 24, 45 (1st Dist.
2007).
The reply also should not be a regurgitation of the appellant’s brief. Rather, it
should point out how the appellee’s argument is wrong or weak, where the
appellee misstated facts, and should try to return the court’s attention to the
appellant’s theme.
VII. Other Briefs.
Where a party files a petition for leave to appeal and that petition is allowed, the
party filing the petition, as well as the answer thereto is usually best to file a new
brief and not stand on the petition, as the rules permit. The focus of the
discretionary petition, which seeks to gain the court’s interest in taking the case,
is different from that of the main brief, which seeks to convince the court to
change the ruling below.
Resources:
Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and
Appellate Courts, Oxford University Press, 2d edition, 2004.
Bryan A. Garner, Legal Writing in Plain English, University of Chicago Press, 2001.

Court denies Madigan petition to stop state worker pay

February 18, 2017 § Leave a comment

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