Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
EQUIP FOR EQUALITY
Employer identification number
36-3361312
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
5,151,056
5,124,085
4,723,384
5,114,527
5,814,335
25,927,387
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
5,151,056
5,124,085
4,723,384
5,114,527
5,814,335
25,927,387
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
25,927,387
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
5,151,056
5,124,085
4,723,384
5,114,527
5,814,335
25,927,387
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
6,383
6,494
2,639
637
1,419
17,572
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
3,059
3,905
2,737
2,137
2,334
14,172
11
Total support (Add lines 7 through 10).
25,959,131
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
1,685,826
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
99.880 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
99.850 %
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
EQUIP FOR EQUALITY
Employer identification number
36-3361312
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION B, LINE 11
THE BOARD RETAINS THE SERVICES OF AN INDEPENDENT CPA FIRM TO PREPARE AND REVIEW THE ORGANIZATION'S 990 RETURN. MANAGEMENT REVIEWS THE FORM AND THEN PRESENTS IT TO THE FINANCE COMMITTEE FOR THEIR REVIEW. THE FINANCE COMMITTEE REVIEWS THE FORM 990 WITH THE CPA FIRM AND THEN APPROVES THE FORM. MANAGEMENT THEN PROVIDES A FULL COPY TO ALL VOTING MEMBERS OF THE GOVERNING BODY FOR A PERIOD OF COMMENT AND QUESTIONS. AT THE END OF THE PERIOD, MANAGEMENT FILES THE FORM 990 WITH ALL THE APPLICABLE STATE AND FEDERAL AGENCIES.
FORM 990, PART VI, SECTION B, LINE 12C
THE ORGANIZATION ADOPTED A CONFLICT OF INTEREST POLICY FOR KEY EMPLOYEES IN FEBRUARY 2010. PREVIOUSLY, OFFICERS AND DIRECTORS ANNUALLY COMPLETED A CONFLICT OF INTEREST DISCLOSURE STATEMENT AS A PRECURSOR TO THEIR SERVICE TO THE ORGANIZATION. POTENTIAL CONFLICTS ARE LOGGED WITH AND MONITORED BY THE SECRETARY OF THE BOARD. EFFECTIVE FEBRUARY 2010, KEY EMPLOYEES ARE NOW INCLUDED IN THIS ANNUAL PROCEDURE.
FORM 990, PART VI, SECTION B, LINE 15
COMPENSATION OF THE PRESIDENT & CEO THE FULL BOARD OF DIRECTORS SETS THE COMPENSATION OF THE PRESIDENT AND CEO ON AN ANNUAL BASIS. THE EXECUTIVE COMMITTEE EVALUATES THE PRESIDENT/CEO'S PERFORMANCE AND KEY ACCOMPLISHMENTS AND OUTCOMES ACHIEVED. THE COMMITTEE ALSO COLLECTS DATA AND INFORMATION FROM NATIONAL SURVEYS AND OTHER ACCEPTED SOURCES, WHICH THEN GUIDES ITS COMPENSATION RECOMMENDATION. THE EXECUTIVE COMMITTEE PRESENTS THE RESULTS OF ITS PERFORMANCE REVIEW AS WELL AS ITS RESEARCH OF COMPENSATION DATA AND MAKES A RECOMMENDATION TO THE BOARD FOR CONSIDERATION. THE FULL BOARD THEN VOTES ON THE ISSUE. THE ANNUAL COMPENSATION OF OTHER OFFICERS AND KEY EMPLOYEES IS ALSO CONSIDERED ON AN ANNUAL BASIS, ALTHOUGH IT IS DEPENDENT UPON THE FINANCIAL STANDING OF THE ORGANIZATION. SOME YEARS, THE ORGANIZATION HAS NOT BEEN IN A POSITION TO GIVE A MERIT-BASED INCREASE, A COST-OF-LIVING ADJUSTMENT, OR EVEN A ONE-TIME BONUS. FROM TIME-TO-TIME, THE ORGANIZATION MAY MAKE ADJUSTMENTS IF ITS SALARY SCALES ARE INCONSISTENT WITH THE PREVAILING TRENDS, AFTER REVIEWING COMPARABLE DATA AND OTHER INFORMATION. FOR ATTORNEYS, THE CHICAGO BAR ASSOCIATION HAS DEVELOPED A COMPENSATION PHILOSOPHY AND GAME-PLAN TO BRING THE SALARIES OF PUBLIC INTEREST ATTORNEYS EMPLOYED BY PRIVATE, NONPROFIT LEGAL SERVICE ORGANIZATIONS INTO LINE WITH STATE AGENCY ATTORNEYS - BUT IMPLEMENTATION OF THIS PLAN HAS BEEN DETERRED BY THE DRAMATIC DOWNTURN IN THE ECONOMY. IN RECENT YEARS, EQUIP FOR EQUALITY HAS NOT PROVIDED ITS ATTORNEYS AND OTHER EMPLOYEES WITH WELL-DESERVED INCREASES IN THEIR COMPENSATION CONSISTENT WITH THEIR PERFORMANCE DUE TO THIS SITUATION. THE BOARD AND CEO PLAN TO RECTIFY THIS SITUATION AS SOON AS ECONOMIC CONDITIONS PERMIT.
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION'S GOVERNING DOCUMENTS AND FINANCIAL STATEMENTS ARE AVAILABLE TO THE PUBLIC, AS IS ITS CONFLICT OF INTEREST POLICY.
DETAILED DESCRIPTION OF PROGRAM SERVICES
AS THE PRIVATE, NOT-FOR-PROFIT ORGANIZATION DESIGNATED BY THE GOVERNOR IN 1985 TO ADMINISTER THE FEDERALLY-MANDATED PROTECTION & ADVOCACY SYSTEM (P&A) FOR THE STATE OF ILLINOIS, EQUIP FOR EQUALITY HAS STATUTORY POWERS AND RECEIVES FUNDS FROM SEVEN DISTINCT FEDERAL P&A PROGRAMS. THE THREE LARGEST PROGRAMS PROVIDE BASE FUNDING TO SAFEGUARD THE RIGHTS OF: (1) INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (PADD), (2) PEOPLE WITH SERIOUS MENTAL ILLNESS (PAIMI), AND (3) ALL OTHER INDIVIDUALS WITH A DISABILITY AS DEFINED BY THE AMERICANS WITH DISABILITIES ACT (PAIR), RESPECTIVELY. AS THE INDEPENDENT ORGANIZATION EMPOWERED BY CONGRESS TO SAFEGUARD AND ADVANCE THE RIGHTS OF INDIVIDUALS WITH ALL TYPES OF DISABILITIES, EQUIP FOR EQUALITY RELIES ON FEDERAL PADD, PAIMI, AND PAIR AND OTHER P&A FUNDS AS A FOUNDATION FOR ITS ROLE AS THE STATE'S LEADING CROSS-DISABILITY ADVOCACY ORGANIZATION. FURTHERMORE, ITS DESIGNATION AS THE P&A SYSTEM FOR THE STATE OF ILLINOIS CARRIES WITH IT BROAD FEDERAL STATUTORY POWERS ESSENTIAL TO PERFORMING ITS PRIMARY ROLES AS A LEGAL ADVOCATE AND INDEPENDENT WATCHDOG. LEGAL POWERS INCLUDE THE RIGHT TO ENTER, UNANNOUNCED, PUBLIC AND PRIVATE INSTITUTIONS AND COMMUNITY-BASED RESIDENTIAL FACILITIES AND DAY PROGRAMS, SCHOOLS, UNLICENSED BOARD-AND-CARE FACILITIES, AND OTHER SETTINGS THAT PROVIDE CARE OR TREATMENT TO INDIVIDUALS WITH DISABILITIES; TO TALK WITH INDIVIDUALS SERVED AND STAFF; AND TO ACCESS FACILITY AND INDIVIDUAL CLINICAL RECORDS IN ACCORDANCE WITH FEDERAL AND STATE P&A LAWS. P&A AUTHORITY INCLUDES THE RIGHT TO INVESTIGATE ALLEGATIONS OF ABUSE, NEGLECT, AND DEATHS AND TO EXAMINE ALL RECORDS OF INVESTIGATIONS CONDUCTED BY FACILITIES OR THE STATE. THIS AUTHORITY ENSURES THAT PADD, PAIMI, PAIR, AND OTHER P&A PROGRAMS CAN REACH OUT TO UNDERSERVED INDIVIDUALS WHO ARE ISOLATED IN SEGREGATED SETTINGS AND UNABLE TO CALL FOR HELP. IT SHOULD BE NOTED THAT THE MAJORITY OF INDIVIDUALS WITH DISABILITIES QUALIFY FOR PAIR (55.6%), WHICH REPRESENTS ONLY 16.5 % OF THE FEDERAL P&A FUNDS RECEIVED BY EQUIP FOR EQUALITY. THIS MEANS THAT WE NEED TO RAISE SUBSTANTIAL FUNDS FROM PRIVATE AND OTHER PUBLIC SOURCES TO ENSURE A FAIR AND EQUITABLE DISTRIBUTION OF LIMITED LEGAL ADVOCACY SERVICES AND TO PERFORM OTHER CRITICAL P&A RESPONSIBILITIES. A LEGAL NEEDS RESEARCH STUDY CONDUCTED IN ILLINOIS FOUND THAT WHEN A LOW-INCOME HOUSEHOLD INCLUDES A MEMBER WITH A DISABILITY, THEIR LEGAL NEEDS INCREASE FROM 49% TO 74% DURING A ONE-YEAR PERIOD. INTERESTINGLY, THE HIGHEST LEGAL NEED AMONG LOW-INCOME FAMILIES WAS FOR REPRESENTATION ON EDUCATION ISSUES (50% OF THESE FAMILIES NEEDED ASSISTANCE WITH SPECIAL EDUCATION), WHERE 92% OF SUCH NEEDS WENT UNMET ANNUALLY. AS THE LEGAL NEEDS STUDY DEMONSTRATES, EQUIP FOR EQUALITY DOES NOT HAVE SUFFICIENT RESOURCES TO ENSURE THAT THE LEGAL NEEDS OF LOW-INCOME INDIVIDUALS WITH DISABILITIES ARE MET. TWO YEARS AGO, WE LAUNCHED THE EQUALITY FOR KIDS CAMPAIGN TO SOLICIT CONTRIBUTIONS FROM INDIVIDUALS, LAW FIRMS, AND BUSINESSES. THESE NEW FUNDS ASSISTED US IN OUR LAUNCHING OF A NEW SPECIAL EDUCATION CLINIC TO PROVIDE CRITICAL SELF-HELP LEGAL ADVICE AND STRATEGIES AS WELL AS REPRESENTATION AT SCHOOL MEETINGS AND ADMINISTRATIVE HEARINGS. TO SUPPORT THE DOCUMENTED NEED FOR LEGAL SERVICES FOR STUDENTS IN SPECIAL EDUCATION, EQUIP FOR EQUALITY ESTABLISHED A NEW PRO BONO INITIATIVE IN PARTNERSHIP WITH CHICAGO'S LEADING LAW FIRMS. THESE VOLUNTEER ATTORNEYS, ALONG WITH OUR IN-HOUSE ATTORNEYS, HAVE GREATLY EXPANDED OUR CAPACITY TO ADDRESS EDUCATION-RELATED LEGAL NEEDS IN AN EFFECTIVE AND COST-EFFICIENT MANNER. HOWEVER, BECAUSE FEDERAL P&A FUNDS REMAIN FAR SMALLER THAN THE UNMET LEGAL NEEDS OF INDIVIDUALS WITH DISABILITIES, FUND DIVERSIFICATION AND EXPANSION ARE THE BOARD'S AND CEO'S HIGHEST PRIORITY. IN ADDITION TO THE THREE LARGEST P&A PROGRAMS, EQUIP FOR EQUALITY ALSO ADMINISTERS SIMILAR PROGRAMS FOR SPECIFIC POPULATIONS OR TO ADDRESS CRITICAL ISSUES FACING THE DISABILITY COMMUNITY, AS FOLLOWS: (1) INDIVIDUALS WITH TRAUMATIC BRAIN INJURY (PATBI), (2) PEOPLE WHO REQUIRE ASSISTIVE TECHNOLOGY DEVICES (PAAT), (3) RECIPIENTS OF SOCIAL SECURITY SSI/DI BENEFITS WHOSE EFFORTS TO SECURE OR MAINTAIN EMPLOYMENT ARE AT RISK DUE TO DISABILITY DISCRIMINATION OR OTHER BARRIERS (PABSS), (4) INDEPENDENT MONITORING FOR THE SOCIAL SECURITY ADMINISTRATION OF FACILITIES WHERE AN AGENCY IS BOTH THE EMPLOYER AND CONTROLS THE INDIVIDUALS PERSONAL FUNDS (REPRESENTATIVE PAYEE) TO ENSURE THEY ARE SAFE AND NOT BEING FINANCIALLY EXPLOITED, AND (5) ADVOCACY WITH LOCAL AND STATE ELECTION BOARDS AND OTHER ACTIVITIES TO ENSURE THAT THE REGISTRATION AND ELECTORAL PROCESS ARE ACCESSIBLE (PAVA). IN RECENT YEARS, EQUIP FOR EQUALITY HAS GREATLY DIVERSIFIED AND EXPANDED ITS FUNDING BASE AS IT HAS PURSUED CONTRIBUTIONS FROM INDIVIDUALS, LAW FIRMS, AND BUSINESSES. THESE FUNDS, ALONG WITH GRANTS PROVIDED BY LEADING PRIVATE FOUNDATIONS, HAVE ENABLED THE ORGANIZATION TO MAINTAIN ITS EXCELLENT TEAM OF STAFF AND EXPAND THE REACH AND SCOPE OF ITS PROGRAMS AND SERVICES, DESPITE DIRE FINANCIAL TIMES. THE ORGANIZATION'S REPUTATION FOR EXCELLENCE IN PROGRAM QUALITY AND ADMINISTRATION AND OPERATIONS HAS BEEN CRITICAL IN ITS SUCCESS. TODAY, OVER 77% OF EACH DOLLAR RAISED SUPPORTS PROGRAMS AND SERVICES.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.