U.S Code last checked for updates: Jun 15, 2024
§ 15002.
Definitions
In this subchapter:
(1)
American Indian Consortium
(2)
Areas of emphasis
(3)
Assistive technology device
(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
(6)
Child care-related activities
(7)
Culturally competent
(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
(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
(11)
Employment-related activities
(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
(13)
Health-related activities
(14)
Housing-related activities
(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
(18)
Not-for-profit
(19)
Personal assistance services
(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
(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
(25)
Rehabilitation technology
(26)
Secretary
(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
(29)
State Council on Developmental Disabilities
(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
(32)
Unserved and underserved
(Pub. L. 106–402, title I, § 102, Oct. 30, 2000, 114 Stat. 1682.)
cite as: 42 USC 15002