Home > 106th Congressional Bills > S. 1809 (is) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in Senate] ...S. 1809 (is) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in Senate] ...
individualized supports, and other forms of assistance;
(2) individuals with developmental disabilities and their
families have competencies, capabilities, and personal goals
that should be recognized, supported, and encouraged, and any
assistance to such individuals should be provided in an
individualized manner, consistent with the unique strengths,
resources, priorities, concerns, abilities, and capabilities of
such individuals;
(3) individuals with developmental disabilities and their
families are the primary decisionmakers regarding the services
and supports such individuals and their families receive,
including regarding choosing where the individuals live from
available options, and play decisionmaking roles in policies
and programs that affect the lives of such individuals and
their families;
(4) services, supports, and other assistance should be
provided in a manner that demonstrates respect for individual
dignity, personal preferences, and cultural differences;
(5) specific efforts must be made to ensure that
individuals with developmental disabilities from racial and
ethnic minority backgrounds and their families enjoy increased
and meaningful opportunities to access and use community
services, individualized supports, and other forms of
assistance available to other individuals with developmental
disabilities and their families;
(6) recruitment efforts in disciplines related to
developmental disabilities relating to pre-service training,
community training, practice, administration, and policymaking
must focus on bringing larger numbers of racial and ethnic
minorities into the disciplines in order to provide appropriate
skills, knowledge, role models, and sufficient personnel to
address the growing needs of an increasingly diverse
population;
(7) with education and support, communities can be
accessible to and responsive to the needs of individuals with
developmental disabilities and their families and are enriched
by full and active participation in community activities, and
contributions, by individuals with developmental disabilities
and their families;
(8) individuals with developmental disabilities have access
to opportunities and the necessary support to be included in
community life, have interdependent relationships, live in
homes and communities, and make contributions to their
families, communities, and States, and the Nation;
(9) efforts undertaken to maintain or expand community-
based living options for individuals with disabilities should
be monitored in order to determine and report to appropriate
individuals and entities the extent of access by individuals
with developmental disabilities to those options and the extent
of compliance by entities providing those options with quality
assurance standards;
(10) families of children with developmental disabilities
need to have access to and use of safe and appropriate child
care and before-school and after-school programs, in the most
integrated settings, in order to enrich the participation of
the children in community life;
(11) individuals with developmental disabilities need to
have access to and use of public transportation, in order to be
independent and directly contribute to and participate in all
facets of community life; and
(12) individuals with developmental disabilities need to
have access to and use of recreational, leisure, and social
opportunities in the most integrated settings, in order to
enrich their participation in community life.
SEC. 102. DEFINITIONS.
In this title:
(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 subtitle 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
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