Historical Analysis of Developmental Disabilities Legislation

LEGISLATION:	P.L. 98-527 (1984)
A. DEFINITION OF DEVELOPMENTAL DISABILITY:	No change.
B. PROGRAM:	Act restructured. "Service Activities" replaces "Services," with recognition that the State grant program is not a program of direct services, but a program which engages in activities to promote services.
C. PRIME CONCEPTS:	New language added to purpose (which provides direction and outcomes desired by Congress): "…to achieve their maximum potential through increased independence, productivity, and integration into the community…" New definitions: a. Independence — extent to which people exert control and choice over their own lives; b. Productivity — engagement in income-producing work; c. Integration — using common community resources, participating in community activities with persons who do not have disabilities, and residing in homes or homelike settings in the community. d. Other definitions included: services, service activities, priority services, employment-related activities, supported employment, and satellite UAF center.
D. ALLOTMENT FORMULA:	Adjustment allowed only on annual basis. States must be notified not less than six months before the beginning of the fiscal year.
E. USE OF FUNDS:	A state's federal share allowed to be calculated in the aggregate—75 percent federal in non-poverty, 90 percent in poverty. (This meant that states may vary the level of match required of subgrantees depending on the purpose of the project.) The 35% funds for administration may be used for service activities, planning, coordination, administration, and advocacy.
F. SERVICES:	Priority services (up to three allowed by 1987): alternative community living arrangements, employment related activities (new), child development, and case management. Note: nonvocational social-developmental services dropped from the list.
G. ADMINISTRATION:	Restricts the percentage of funds permitted to fund the state administering agency to provide services. Council membership expanded to include representatives of: a) the principle state agencies, including vocational rehabilitation, Education of the Handicapped, Title XIX (Medicaid); c) each UAF or Satellite; d) Protection and Advocacy Systems; e) local agencies; and non-governmental agencies and private non-profit groups. One Council member may fulfill two or more requirements for membership.
H. STATE PLAN:	Required after FY 1986, the selection of employment-related activities as a mandatory priority in each state.
I. AFFIRMATIVE ACTION:	No change.
J. EVALUATION:
K. BILL OF RIGHTS:	No change.
L. HABILITATION PLANS:	No change.
M. PROTECTION AND ADVOCACY:	P&As given access to individual records if a complaint has been received; a person does not have a legal guardian; or the state or designee of the state is the legal guardian. Process established for agency redesignation.
N. REVIEW PLANS:	No change.
O. EMPLOYEE PROTECTION:	No change.
P. SPECIAL REPORTS:	State Councils required to submit a report concerning activities carried out in the preceding fiscal year, i.e.: activities and accomplishments; comparison of accomplishments with goals, objectives in proposed State plan, and accounting of funds. The Secretary required to report on accomplishments of the four Developmental Disability Programs using reports from states.
Q. PROFESSIONAL ASSESSMENT AND EVALUATION SYSTEMS:	No change.
R. UNIVERSITY AFFILIATED PROGRAMS	Authorized UAF feasibility studies for establishing new UAFs: a) to establish a UAF or satellite in an area not served; b) to perform a needs assessment; and c) to study ways UAFs can assist in establishing one or more satellite centers. [Note: University of Minnesota, established as a satellite program under Iowa UAP sponsorship.]
S. OTHER:
T. ASSURANCES: