42 U.S.C. § 15002 — Definitions
submitted 26 years ago by Pub. L. 106-402 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,285 words · no verdicts yet
This section defines terms used in the subchapter, including developmental disability, assistive technology, inclusion, integration, individualized supports, productivity, State, supported employment, and unserved or underserved populations.
In this subchapter:
(1) “American Indian Consortium*” means a federation of at least two recognized tribes, officially created by each participating tribe, with 150,000 enrolled resident members combined and connected Indian lands in at least two States.
(2) “Areas of emphasis” means quality assurance, education, early intervention, child care, health, employment, housing, transportation, recreation, and other formal or informal community services and supports affecting quality of life.
(3) “Assistive technology device” means any commercial, modified, or customized item, equipment, or product system used to increase, maintain, or improve functional abilities.
(4) “Assistive technology service” means direct help selecting, obtaining, or using such a device, including evaluating needs in the usual environment; buying, leasing, or otherwise obtaining it; selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing it; coordinating it with therapy or an education or rehabilitation plan; training or technical help for the person and, when appropriate, family, guardian, advocate, or representative; and training or technical help for professionals, employers, or others substantially involved in the person’s major life functions.
(5) “Center” means a University Center for Excellence in Developmental Disabilities Education, Research, and Service under part D.
(6) “Child care-related activities” means advocacy, capacity building, and systemic change that give families of children with developmental disabilities access to community child care, including before-school, after-school, and out-of-school care.
(7) “Culturally competent” means providing services, supports, or assistance responsively to recipients’ beliefs, interpersonal styles, attitudes, language, and behavior, in a way most likely to maximize their participation.
(8) “Developmental disability” means a severe, chronic disability attributable to mental or physical impairment, appearing before age 22, likely to continue indefinitely, causing substantial limits in at least three major-life-activity areas—self-care; receptive and expressive language; learning; mobility; self-direction; independent living; or economic self-sufficiency—and requiring a planned, coordinated combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other lifelong or extended assistance. A person from birth through age 9 with substantial delay or a specified congenital or acquired condition may qualify without meeting three criteria if, without services and supports, the person probably would meet them later.
(9) “Early intervention activities” means advocacy, capacity building, and systemic change for those young children and their families to maximize the children’s development and families’ ability to meet their special needs.
(10) “Education activities” means such activities enabling appropriate supports and modifications, maximum educational potential, lifelong education, and integration and inclusion in student life.
(11) “Employment-related activities” means such activities resulting in obtaining, keeping, or advancing in paid, supported, or self-employment in integrated community settings.
(12) “Family support services” means services and assistance designed to strengthen the family’s primary-caregiver role, prevent inappropriate out-of-home placement and preserve unity, and reunite families when possible. They include respite, rehabilitation and assistive technology, personal assistance, parent training and counseling, support for aging caregivers, vehicle and home changes, and help with extraordinary disability-related expenses.
(13) “Health-related activities” means such activities giving access to coordinated health, dental, mental-health, human, and social services, including prevention.
(14) “Housing-related activities” means such activities giving access to community housing and supports, including help renting, owning, or modifying a home.
(15) “Inclusion” means acceptance and encouragement of people with developmental disabilities participating with nondisabled people in social, educational, work, and community activities, with chosen friendships and relationships; homes near community resources and regular contact with nondisabled people; equal access to community activities and employment; and use of the same community resources while living, learning, working, and enjoying life.
(16) “Individualized supports” are supports enabling self-determination, independence, productivity, integration, and inclusion; designed to control the person’s environment, permit the most independent life, avoid unnecessarily restrictive placement, and enable community life; and including early intervention, respite, personal assistance, family support, supported employment, aging-caregiver family support, rehabilitation and assistive technology, and related services.
(17) “Integration” means the equal right to access and use community resources used by and available to others.
(18) “Not-for-profit” means an agency, institution, or organization owned or operated by corporations or associations whose net earnings do not benefit a private shareholder or individual.
(19) “Personal assistance services” means services by one or more people that help a person with a disability perform ordinary daily activities, including work activities, and increase control and ability in everyday life.
(20) “Prevention activities” address causes of developmental disabilities and worsening functional limits by reducing causes or risk factors, identifying problems early, and reducing effects throughout life.
(21) “Productivity” means income-producing work shown by increased income, better employment status, or advancement, or work contributing to a household or community.
(22) “Protection and advocacy system” means one established under section 15043.
(23) “Quality assurance activities” are activities improving consumer- and family-centered assurance and protection systems that monitor services so people avoid abuse, neglect, exploitation, rights violations, and inappropriate restraint or seclusion; train people and families in leadership, self-advocacy, and self-determination to avoid those harms; or coordinate agencies and integrate systems to improve and protect self-determination, independence, productivity, integration, and inclusion.
(24) “Recreation-related activities” provide access to community recreation, leisure, and social activities through advocacy, capacity building, and systemic change.
(25) “Rehabilitation technology” means applying technology, engineering, or science to meet needs and remove barriers in education, rehabilitation, employment, transportation, independent living, and recreation; it includes rehabilitation engineering and assistive devices and services.
(26) “Secretary” means the Secretary of Health and Human Services.
(27) “Self-determination activities” result in appropriate assistance giving people the ability and opportunity to communicate and decide, communicate choices and control services, control resources, participate and contribute in communities, and receive support to advocate, build leadership, join coalitions, educate policymakers, and help make public policy.
(28) “State*” includes each State, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands, unless otherwise provided.
(29) “State Council on Developmental Disabilities” means a council established under section 15025.
(30) “Supported employment services” enable competitive work in integrated settings for people for whom competitive employment has not traditionally occurred or has been interrupted or intermittent because of significant disabilities, and who need intensive or extended support because of the nature and severity of their disabilities.
(31) “Transportation-related activities” provide access to and use of transportation through advocacy, capacity building, and systemic change.
(32) “Unserved and underserved” includes racial and ethnic minorities, disadvantaged people, people with limited English, people in underserved rural or urban areas, and particular groups of people with developmental disabilities, including those needing assistive technology to participate and contribute in community life.
In this subchapter:
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.
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.
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.
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—
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;
purchasing, leasing, or otherwise providing for the acquisition of an assistive technology device by an individual with a developmental disability;
selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing an assistive technology device;
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;
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
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.
The term “Center” means a University Center for Excellence in Developmental Disabilities Education, Research, and Service established under part D.
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.
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.
The term “developmental disability” means a severe, chronic disability of an individual that—
is attributable to a mental or physical impairment or combination of mental and physical impairments;
is manifested before the individual attains age 22;
is likely to continue indefinitely;
results in substantial functional limitations in 3 or more of the following areas of major life activity:
Self-care.
Receptive and expressive language.
Learning.
Mobility.
Self-direction.
Capacity for independent living.
Economic self-sufficiency; and
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.
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.
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—
the development of the individuals to maximize their potential; and
the capacity of families to meet the special needs of the individuals.
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.
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.
The term “family support services” means services, supports, and other assistance, provided to families with members who have developmental disabilities, that are designed to—
strengthen the family’s role as primary caregiver;
prevent inappropriate out-of-the-home placement of the members and maintain family unity; and
reunite families with members who have been placed out of the home whenever possible.
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.
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.
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.
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—
have friendships and relationships with individuals and families of their own choice;
live in homes close to community resources, with regular contact with individuals without disabilities in their communities;
enjoy full access to and active participation in the same community activities and types of employment as individuals without disabilities; and
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.
The term “individualized supports” means supports that—
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;
are designed to—
enable such individual to control such individual’s environment, permitting the most independent life possible;
prevent placement into a more restrictive living arrangement than is necessary; and
enable such individual to live, learn, work, and enjoy life in the community; and
include—
early intervention services;
respite care;
personal assistance services;
family support services;
supported employment services;
support services for families headed by aging caregivers of individuals with developmental disabilities; and
provision of rehabilitation technology and assistive technology, and assistive technology services.
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.
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.
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.
The term “prevention activities” means activities that address the causes of developmental disabilities and the exacerbation of functional limitation, such as activities that—
eliminate or reduce the factors that cause or predispose individuals to developmental disabilities or that increase the prevalence of developmental disabilities;
increase the early identification of problems to eliminate circumstances that create or increase functional limitations; and
mitigate against the effects of developmental disabilities throughout the lifespan of an individual.
The term “productivity” means—
engagement in income-producing work that is measured by increased income, improved employment status, or job advancement; or
engagement in work that contributes to a household or community.
The term “protection and advocacy system” means a protection and advocacy system established in accordance with section 15043 of this title.
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—
include monitoring of services, supports, and assistance provided to an individual with developmental disabilities that ensures that the individual—
will not experience abuse, neglect, sexual or financial exploitation, or violation of legal or human rights; and
will not be subject to the inappropriate use of restraints or seclusion;
include training in leadership, self-advocacy, and self-determination for individuals with developmental disabilities, their families, and their guardians to ensure that those individuals—
will not experience abuse, neglect, sexual or financial exploitation, or violation of legal or human rights; and
will not be subject to the inappropriate use of restraints or seclusion; or
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.
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.
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.
The term “Secretary” means the Secretary of Health and Human Services.
The term “self-determination activities” means activities that result in individuals with developmental disabilities, with appropriate assistance, having—
the ability and opportunity to communicate and make personal decisions;
the ability and opportunity to communicate choices and exercise control over the type and intensity of services, supports, and other assistance the individuals receive;
the authority to control resources to obtain needed services, supports, and other assistance;
opportunities to participate in, and contribute to, their communities; and
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.
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.
The term “State Council on Developmental Disabilities” means a Council established under section 15025 of this title.
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—
for whom competitive employment has not traditionally occurred; or
for whom competitive employment has been interrupted or intermittent as a result of significant disabilities; and
who, because of the nature and severity of their disabilities, need intensive supported employment services or extended services in order to perform such work.
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.
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 credit: (Pub. L. 106–402, title I, § 102, Oct. 30, 2000, 114 Stat. 1682.)
- 2000Enacted · Pub. L. 106-402 · 114 Stat. 1682
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-402 on 2000-10-30.
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