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§ 15002. Definitions

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Release point 116-252 · current through 12/22/2020

§ 15002.

Definitions

In this subchapter:

(1)

American Indian Consortium

The term “American Indian Consortium” means any confederation of 2 or more recognized American Indian tribes, created through the official action of each participating tribe, that has a combined total resident population of 150,000 enrolled tribal members and a contiguous territory of Indian lands in 2 or more States.

(2)

Areas of emphasis

The term “areas of emphasis” means the areas related to quality assurance activities, education activities and early intervention activities, child care-related activities, health-related activities, employment-related activities, housing-related activities, transportation-related activities, recreation-related activities, and other services available or offered to individuals in a community, including formal and informal community supports, that affect their quality of life.

(3)

Assistive technology device

The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially, modified or customized, that is used to increase, maintain, or improve functional capabilities of individuals with developmental disabilities.

(4)

Assistive technology service

The term “assistive technology service” means any service that directly assists an individual with a developmental disability in the selection, acquisition, or use of an assistive technology device. Such term includes—

(A)

conducting an evaluation of the needs of an individual with a developmental disability, including a functional evaluation of the individual in the individual’s customary environment;

(B)

purchasing, leasing, or otherwise providing for the acquisition of an assistive technology device by an individual with a developmental disability;

(C)

selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing an assistive technology device;

(D)

coordinating and using another therapy, intervention, or service with an assistive technology device, such as a therapy, intervention, or service associated with an education or rehabilitation plan or program;

(E)

providing training or technical assistance for an individual with a developmental disability, or, where appropriate, a family member, guardian, advocate, or authorized representative of an individual with a developmental disability; and

(F)

providing training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of, an individual with developmental disabilities.

(5)

Center

The term “Center” means a University Center for Excellence in Developmental Disabilities Education, Research, and Service established under part D.

(6)

Child care-related activities

The term “child care-related activities” means advocacy, capacity building, and systemic change activities that result in families of children with developmental disabilities having access to and use of child care services, including before-school, after-school, and out-of-school services, in their communities.

(7)

Culturally competent

The term “culturally competent”, used with respect to services, supports, or other assistance, means services, supports, or other assistance that is conducted or provided in a manner that is responsive to the beliefs, interpersonal styles, attitudes, language, and behaviors of individuals who are receiving the services, supports, or other assistance, and in a manner that has the greatest likelihood of ensuring their maximum participation in the program involved.

(8)

Developmental disability

(A)

In general

The term “developmental disability” means a severe, chronic disability of an individual that—

(i)

is attributable to a mental or physical impairment or combination of mental and physical impairments;

(ii)

is manifested before the individual attains age 22;

(iii)

is likely to continue indefinitely;

(iv)

results in substantial functional limitations in 3 or more of the following areas of major life activity:

(I)

Self-care.

(II)

Receptive and expressive language.

(III)

Learning.

(IV)

Mobility.

(V)

Self-direction.

(VI)

Capacity for independent living.

(VII)

Economic self-sufficiency; and

(v)

reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

(B)

Infants and young children

An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life.

(9)

Early intervention activities

The term “early intervention activities” means advocacy, capacity building, and systemic change activities provided to individuals described in paragraph (8)(B) and their families to enhance—

(A)

the development of the individuals to maximize their potential; and

(B)

the capacity of families to meet the special needs of the individuals.

(10)

Education activities

The term “education activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities being able to access appropriate supports and modifications when necessary, to maximize their educational potential, to benefit from lifelong educational activities, and to be integrated and included in all facets of student life.

(11)

Employment-related activities

The term “employment-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities acquiring, retaining, or advancing in paid employment, including supported employment or self-employment, in integrated settings in a community.

(12)

Family support services

(A)

In general

The term “family support services” means services, supports, and other assistance, provided to families with members who have developmental disabilities, that are designed to—

(i)

strengthen the family’s role as primary caregiver;

(ii)

prevent inappropriate out-of-the-home placement of the members and maintain family unity; and

(iii)

reunite families with members who have been placed out of the home whenever possible.

(B)

Specific services

Such term includes respite care, provision of rehabilitation technology and assistive technology, personal assistance services, parent training and counseling, support for families headed by aging caregivers, vehicular and home modifications, and assistance with extraordinary expenses, associated with the needs of individuals with developmental disabilities.

(13)

Health-related activities

The term “health-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of coordinated health, dental, mental health, and other human and social services, including prevention activities, in their communities.

(14)

Housing-related activities

The term “housing-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of housing and housing supports and services in their communities, including assistance related to renting, owning, or modifying an apartment or home.

(15)

Inclusion

The term “inclusion”, used with respect to individuals with developmental disabilities, means the acceptance and encouragement of the presence and participation of individuals with developmental disabilities, by individuals without disabilities, in social, educational, work, and community activities, that enables individuals with developmental disabilities to—

(A)

have friendships and relationships with individuals and families of their own choice;

(B)

live in homes close to community resources, with regular contact with individuals without disabilities in their communities;

(C)

enjoy full access to and active participation in the same community activities and types of employment as individuals without disabilities; and

(D)

take full advantage of their integration into the same community resources as individuals without disabilities, living, learning, working, and enjoying life in regular contact with individuals without disabilities.

(16)

Individualized supports

The term “individualized supports” means supports that—

(A)

enable an individual with a developmental disability to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life;

(B)

are designed to—

(i)

enable such individual to control such individual’s environment, permitting the most independent life possible;

(ii)

prevent placement into a more restrictive living arrangement than is necessary; and

(iii)

enable such individual to live, learn, work, and enjoy life in the community; and

(C)

include—

(i)

early intervention services;

(ii)

respite care;

(iii)

personal assistance services;

(iv)

family support services;

(v)

supported employment services;

(vi)

support services for families headed by aging caregivers of individuals with developmental disabilities; and

(vii)

provision of rehabilitation technology and assistive technology, and assistive technology services.

(17)

Integration

The term “integration”, used with respect to individuals with developmental disabilities, means exercising the equal right of individuals with developmental disabilities to access and use the same community resources as are used by and available to other individuals.

(18)

Not-for-profit

The term “not-for-profit”, used with respect to an agency, institution, or organization, means an agency, institution, or organization that is owned or operated by 1 or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(19)

Personal assistance services

The term “personal assistance services” means a range of services, provided by 1 or more individuals, designed to assist an individual with a disability to perform daily activities, including activities on or off a job that such individual would typically perform if such individual did not have a disability. Such services shall be designed to increase such individual’s control in life and ability to perform everyday activities, including activities on or off a job.

(20)

Prevention activities

The term “prevention activities” means activities that address the causes of developmental disabilities and the exacerbation of functional limitation, such as activities that—

(A)

eliminate or reduce the factors that cause or predispose individuals to developmental disabilities or that increase the prevalence of developmental disabilities;

(B)

increase the early identification of problems to eliminate circumstances that create or increase functional limitations; and

(C)

mitigate against the effects of developmental disabilities throughout the lifespan of an individual.

(21)

Productivity

The term “productivity” means—

(A)

engagement in income-producing work that is measured by increased income, improved employment status, or job advancement; or

(B)

engagement in work that contributes to a household or community.

(22)

Protection and advocacy system

The term “protection and advocacy system” means a protection and advocacy system established in accordance with section 15043 of this title.

(23)

Quality assurance activities

The term “quality assurance activities” means advocacy, capacity building, and systemic change activities that result in improved consumer- and family-centered quality assurance and that result in systems of quality assurance and consumer protection that—

(A)

include monitoring of services, supports, and assistance provided to an individual with developmental disabilities that ensures that the individual—

(i)

will not experience abuse, neglect, sexual or financial exploitation, or violation of legal or human rights; and

(ii)

will not be subject to the inappropriate use of restraints or seclusion;

(B)

include training in leadership, self-advocacy, and self-determination for individuals with developmental disabilities, their families, and their guardians to ensure that those individuals—

(i)

will not experience abuse, neglect, sexual or financial exploitation, or violation of legal or human rights; and

(ii)

will not be subject to the inappropriate use of restraints or seclusion; or

(C)

include activities related to interagency coordination and systems integration that result in improved and enhanced services, supports, and other assistance that contribute to and protect the self-determination, independence, productivity, and integration and inclusion in all facets of community life, of individuals with developmental disabilities.

(24)

Recreation-related activities

The term “recreation-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of recreational, leisure, and social activities, in their communities.

(25)

Rehabilitation technology

The term “rehabilitation technology” means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with developmental disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. Such term includes rehabilitation engineering, and the provision of assistive technology devices and assistive technology services.

(26)

Secretary

The term “Secretary” means the Secretary of Health and Human Services.

(27)

Self-determination activities

The term “self-determination activities” means activities that result in individuals with developmental disabilities, with appropriate assistance, having—

(A)

the ability and opportunity to communicate and make personal decisions;

(B)

the ability and opportunity to communicate choices and exercise control over the type and intensity of services, supports, and other assistance the individuals receive;

(C)

the authority to control resources to obtain needed services, supports, and other assistance;

(D)

opportunities to participate in, and contribute to, their communities; and

(E)

support, including financial support, to advocate for themselves and others, to develop leadership skills, through training in self-advocacy, to participate in coalitions, to educate policymakers, and to play a role in the development of public policies that affect individuals with developmental disabilities.

(28)

State

The term “State”, except as otherwise provided, includes, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(29)

State Council on Developmental Disabilities

The term “State Council on Developmental Disabilities” means a Council established under section 15025 of this title.

(30)

Supported employment services

The term “supported employment services” means services that enable individuals with developmental disabilities to perform competitive work in integrated work settings, in the case of individuals with developmental disabilities—

(A)
(i)

for whom competitive employment has not traditionally occurred; or

(ii)

for whom competitive employment has been interrupted or intermittent as a result of significant disabilities; and

(B)

who, because of the nature and severity of their disabilities, need intensive supported employment services or extended services in order to perform such work.

(31)

Transportation-related activities

The term “transportation-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of transportation.

(32)

Unserved and underserved

The term “unserved and underserved” includes populations such as individuals from racial and ethnic minority backgrounds, disadvantaged individuals, individuals with limited English proficiency, individuals from underserved geographic areas (rural or urban), and specific groups of individuals within the population of individuals with developmental disabilities, including individuals who require assistive technology in order to participate in and contribute to community life.

Source(Pub. L. 106–402, title I, § 102,
Oct. 30, 2000
, 114 Stat. 1682.)

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