Historical Analysis of Developmental Disabilities Legislation

LEGISLATION: P.L. 95-602 (1978)
A. DEFINITION OF DEVELOPMENTAL DISABILITY: Developmental Disability is defined as a severe chronic disability of a person attributable to a mental or physical impairment, is manifested before age 22 years, is likely to continue, results in functional limitations in 3 or more major life activities, and reflects need for lifelong services.
B. PROGRAM:

Defined as findings:

  1. Two million people with developmental disabilities in U.S;
  2. These individuals require lifelong services;
  3. General service agencies tend to exclude people with developmental disabilities in planning and delivery of services;
  4. National interest to strengthen programs that reduce need for institutional care.
C. PRIME CONCEPTS:

Assure that people with developmental disabilities receive the care, treatment, and other services necessary to enable them to achieve maximum potential through coordination, monitoring, planning, and evaluating services, and ensuring protection of legal and human rights of people with developmental disabilities.

  1. Assist in provision of comprehensive services for people with developmental disabilities whose needs are not met by P.L. 94-142, Rehab. Act of 1973, or other health, education, or welfare programs.
  2. Assist in planning activities.
  3. Grants for model programs, innovative habilitation, and training.
  4. UAF funding.
  5. Protection and Advocacy system.
D. ALLOTMENT FORMULA: Same as P.L. 91-517.
E. USE OF FUNDS: Same as P.L. 91-517 with 65% allotted for priority services and 35% for administration.
F. SERVICES:

16 basic services replaced by four priority areas of funding:

  1. case management;
  2. child development;
  3. alternative community living arrangements;
  4. nonvocational, social developmental services.

Services are defined as model service programs, service provision, outreach, training, and expansion of available services.
G. ADMINISTRATION: Same except membership shall include state agencies, higher education, local agencies, nongovernmental agencies with 1/2 membership either consumers or guardians. Of the 1/2, 1/3 shall be persons with developmental disabilities, 1/3 immediate relatives and at least 1 member will be a relative to a resident in an institution.
H. STATE PLAN:
  1. Set specific objectives.
  2. Describe extent and scope of services in education, vocational rehabilitation, public assistance, medical assistance, social services, maternal and child health, crippled children's services, health, and mental health.
  3. Describe priority service areas.
  4. Establish annual evaluation.
I. AFFIRMATIVE ACTION: Same as P.L. 94-103.
J. EVALUATION: Same as P.L. 94-103.
K. BILL OF RIGHTS: Added sentence, "These rights are in addition to any constitutional or other rights afforded to all persons."
L. HABILITATION PLANS: Same as P.L. 94-103.
M. PROTECTION
AND ADVOCACY:		 The State Planning Council cannot administer the P&A.
N. REVIEW PLANS: Same as P.L. 91-103.
O. EMPLOYEE
PROTECTION:		 Same as P.L. 91-103.
P. SPECIAL REPORTS: Several special reports on the impact of developmental disabilities were required by Congress by 1/15/81.
Q. PROFESSIONAL ASSESSMENT
AND EVALUATION SYSTEMS:		 There must be an assessment of the adequacy of the skill level of staff who work with people with developmental disabilities in order to maintain high quality services.
R. UNIVERSITY
AFFILIATED PROGRAMS
S. OTHER:
T. ASSURANCES: