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] ...
(a) In General.--Any State desiring to receive assistance under
this subtitle shall submit to the Secretary, and obtain approval of, a
5-year strategic State plan under this section.
(b) Planning Cycle.--The plan described in subsection (a) shall be
updated as appropriate during the 5-year period.
(c) State Plan Requirements.--In order to be approved by the
Secretary under this section, a State plan shall meet each of the
following requirements:
(1) State council.--The plan shall provide for the
establishment and maintenance of a Council in accordance with
section 125 and describe the membership of such Council.
(2) Designated state agency.--The plan shall identify the
agency or office within the State designated to support the
Council in accordance with this section and section 125(d)
(referred to in this subtitle as a ``designated State
agency'').
(3) Comprehensive review and analysis.--The plan shall
describe the results of a comprehensive review and analysis of
the extent to which services, supports, and other assistance
are available to individuals with developmental disabilities
and their families, and the extent of unmet needs for services,
supports, and other assistance for those individuals and their
families, in the State. The results of the comprehensive review
and analysis shall include--
(A) a description of the services, supports, and
other assistance being provided to individuals with
developmental disabilities and their families under
other federally assisted State programs, plans, and
policies under which the State operates and in which
individuals with developmental disabilities are or may
be eligible to participate, including particularly
programs relating to the areas of emphasis, including--
(i) medical assistance, maternal and child
health care, services for children with special
health care needs, children's mental health
services, comprehensive health and mental
health services, and institutional care
options;
(ii) job training, job placement, worksite
accommodation, and vocational rehabilitation,
and other work assistance programs; and
(iii) social, child welfare, aging,
independent living, and rehabilitation and
assistive technology services, and such other
services as the Secretary may specify;
(B) a description of the extent to which agencies
operating such other federally assisted State programs,
including activities authorized under section 101 or
102 of the Assistive Technology Act of 1998 (29 U.S.C.
3011, 3012), pursue interagency initiatives to improve
and enhance community services, individualized
supports, and other forms of assistance for individuals
with developmental disabilities;
(C) an analysis of the extent to which community
services and opportunities related to the areas of
emphasis directly benefit individuals with
developmental disabilities, especially with regard to
their ability to access and use services provided in
their communities, to participate in opportunities,
activities, and events offered in their communities,
and to contribute to community life, identifying
particularly--
(i) the degree of support for individuals
with developmental disabilities that are
attributable to either physical impairment,
mental impairment, or a combination of physical
and mental impairments;
(ii) criteria for eligibility for services,
including specialized services and special
adaptation of generic services provided by
agencies within the State, that may exclude
individuals with developmental disabilities
from receiving services described in this
clause;
(iii) the barriers that impede full
participation of members of unserved and
underserved groups of individuals with
developmental disabilities and their families;
(iv) the availability of assistive
technology, assistive technology services, or
rehabilitation technology, or information about
assistive technology, assistive technology
services, or rehabilitation technology to
individuals with developmental disabilities;
(v) the numbers of individuals with
developmental disabilities on waiting lists for
services described in this subparagraph;
(vi) a description of the adequacy of
current resources and projected availability of
future resources to fund services described in
this subparagraph;
(vii) a description of the adequacy of
health care and other services, supports, and
assistance that individuals with developmental
disabilities who are in facilities receive
(based in part on each independent review
(pursuant to section 1902(a)(30)(C) of the
Social Security Act (42 U.S.C.
1396a(a)(30)(C))) of an Intermediate Care
Facility (Mental Retardation) within the State,
which the State shall provide to the Council
not later than 30 days after the availability
of the review); and
(viii) to the extent that information is
available, a description of the adequacy of
health care and other services, supports, and
assistance that individuals with developmental
disabilities who are served through home and
community-based waivers (authorized under
section 1915(c) of the Social Security Act (42
U.S.C. 1396n(c))) receive;
(D) a description of how entities funded under
subtitles C and D, through interagency agreements or
other mechanisms, collaborated with the entity funded
under this subtitle in the State, each other, and other
entities to contribute to the achievement of the
purpose of this subtitle; and
(E) the rationale for the goals related to
advocacy, capacity building, and systemic change to be
undertaken by the Council to contribute to the
achievement of the purpose of this subtitle.
(4) Plan goals.--The plan shall focus on Council efforts to
bring about the purpose of this subtitle, by--
(A) specifying 5-year goals, as developed through
data driven strategic planning, for advocacy, capacity
building, and systemic change related to the areas of
emphasis, to be undertaken by the Council, that--
(i) are derived from the unmet needs of
individuals with developmental disabilities and
their families identified under paragraph (3);
and
(ii) include a goal, for each year of the
grant, to--
(I) establish or strengthen a
program for the direct funding of a
State self-advocacy organization led by
individuals with developmental
disabilities;
(II) support opportunities for
individuals with developmental
disabilities who are considered leaders
to provide leadership training to
individuals with developmental
disabilities who may become leaders;
and
(III) support and expand
participation of individuals with
developmental disabilities in cross-
disability and culturally diverse
leadership coalitions; and
(B) for each year of the grant, describing--
(i) the goals to be achieved through the
grant, which, beginning in fiscal year 2001,
shall be consistent with applicable indicators
of progress described in section 104(a)(3);
(ii) the strategies to be used in achieving
each goal; and
(iii) the method to be used to determine if
each goal has been achieved.
(5) Assurances.--
(A) In general.--The plan shall contain or be
supported by assurances and information described in
subparagraphs (B) through (N) that are satisfactory to
the Secretary.
(B) Use of funds.--With respect to the funds paid
to the State under section 122, the plan shall provide
assurances that--
(i) not less than 70 percent of such funds
will be expended for activities related to the
goals described in paragraph (4);
(ii) such funds will contribute to the
achievement of the purpose of this subtitle in
various political subdivisions of the State;
(iii) such funds will be used to
supplement, and not supplant, the non-Federal
funds that would otherwise be made available
for the purposes for which the funds paid under
section 122 are provided;
(iv) such funds will be used to complement
and augment rather than duplicate or replace
services for individuals with developmental
disabilities and their families who are
eligible for Federal assistance under other
State programs;
(v) part of such funds will be made
available by the State to public or private
entities;
(vi) at the request of any State, a portion
of such funds provided to such State under this
subtitle for any fiscal year shall be available
to pay up to \1/2\ (or the entire amount if the
Council is the designated State agency) of the
expenditures found to be necessary by the
Secretary for the proper and efficient exercise
of the functions of the designated State
agency, except that not more than 5 percent of
such funds provided to such State for any
fiscal year, or $50,000, whichever is less,
shall be made available for total expenditures
for such purpose by the designated State
agency; and
(vii) not more than 20 percent of such
funds will be allocated to the designated State
agency for service demonstrations by such
agency that--
(I) contribute to the achievement
of the purpose of this subtitle; and
(II) are explicitly authorized by
the Council.
(C) State financial participation.--The plan shall
provide assurances that there will be reasonable State
financial participation in the cost of carrying out the
plan.
(D) Conflict of interest.--The plan shall provide
an assurance that no member of such Council will cast a
vote on any matter that would provide direct financial
benefit to the member or otherwise give the appearance
of a conflict of interest.
(E) Urban and rural poverty areas.--The plan shall
provide assurances that special financial and technical
assistance will be given to organizations that provide
community services, individualized supports, and other
forms of assistance to individuals with developmental
disabilities who live in areas designated as urban or
rural poverty areas.
(F) Program accessibility standards.--The plan
shall provide assurances that programs, projects, and
activities funded under the plan, and the buildings in
which such programs, projects, and activities are
operated, will meet standards prescribed by the
Secretary in regulations and all applicable Federal and
State accessibility standards, including accessibility
requirements of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d), and the
Fair Housing Act (42 U.S.C. 3601 et seq.).
(G) Individualized services.--The plan shall
provide assurances that any direct services provided to
individuals with developmental disabilities and funded
under the plan will be provided in an individualized
manner, consistent with the unique strengths,
resources, priorities, concerns, abilities, and
capabilities of such individual.
(H) Human rights.--The plan shall provide
assurances that the human rights of the individuals
with developmental disabilities (especially individuals
without familial protection) who are receiving services
under programs assisted under this subtitle will be
protected consistent with section 109 (relating to
rights of individuals with developmental disabilities).
(I) Minority participation.--The plan shall provide
assurances that the State has taken affirmative steps
to assure that participation in programs funded under
this subtitle is geographically representative of the
State, and reflects the diversity of the State with
respect to race and ethnicity.
(J) Employee protections.--The plan shall provide
assurances that fair and equitable arrangements (as
determined by the Secretary after consultation with the
Secretary of Labor) will be provided to protect the
interests of employees affected by actions taken under
the plan to provide community living activities,
including arrangements designed to preserve employee
rights and benefits and provide training and retraining
of such employees where necessary, and arrangements
under which maximum efforts will be made to guarantee
the employment of such employees.
(K) Staff assignments.--The plan shall provide
assurances that the staff and other personnel of the
Council, while working for the Council, will be
responsible solely for assisting the Council in
carrying out the duties of the Council under this
subtitle and will not be assigned duties by the
designated State agency, or any other agency, office,
or entity of the State.
(L) Noninterference.--The plan shall provide
assurances that the designated State agency, and any
other agency, office, or entity of the State, will not
interfere with the advocacy, capacity building, and
systemic change activities, budget, personnel, State
plan development, or plan implementation of the
Council, except that the designated State agency shall
have the authority necessary to carry out the
responsibilities described in section 125(d)(3).
(M) State quality assurance.--The plan shall
provide assurances that the Council will participate in
the planning, design or redesign, and monitoring of
State quality assurance systems that affect individuals
with developmental disabilities.
(N) Other assurances.--The plan shall contain such
additional information and assurances as the Secretary
may find necessary to carry out the provisions
(including the purpose) of this subtitle.
(d) Public Input and Review, Submission, and Approval.--
(1) Public input and review.--The plan shall be based on
public input. The Council shall make the plan available for
public review and comment, after providing appropriate and
sufficient notice in accessible formats of the opportunity for
such review and comment. The Council shall revise the plan to
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