Ohio Developmental Disabilities Council New Member Orientation

New Member Orientation 2021

899 E. Broad Street, Suite 203 Columbus, OH 43205 Telephone: 614-466-5205 Toll Free: 800-766-7426 FAX: 614-466-0298

http://www.ddc.ohio.gov

Table of Contents 1. Welcome to the ODDC • • • • • • • • • • •

ODDC Overview Mission Philosophy Position Statements DD Act DD Act: Outreach and Inclusion Implicit Bias Awareness Where Does Council fit in Federal Government Where Does Council fit in State Government Council Staff Where to find Council

2. ODDC’s Work • • • • • • • • •

Carrying out the ODDC Mission ODDC Budget ODDC Meetings Meeting Format Elections and Voting Conflicts of Interest Five-Year State Plan 2022-2026 State Plan Development Time Line Council Member Responsibilities

3. Who is on Council?

• • • •

Council Member Categories ODDC Members ODDC Officers ODDC Committees

4. New Membership Appointment and Processes • • • • • •

Appointment Paperwork Financial Disclosure Ethics Training Boards and Commissions Attendance OPERS Independent Contractor/Worker Acknowledgement ODDC Code of Conduct

5. Council Member Reimbursement • • • • • • • • • • • • • •

OAKS Mileage Meals Lodging Miscellaneous Expenses Personal Care Attendants (PCA’s) Childcare services Match Stipend Program Electronic Deposit ODDC Travel Invoice: Stipend ODDC Travel Invoice: Non-Stipend Volunteer Service Match Forms Hardship Declaration

Attachments A. ODDC Bylaws B. ODDC Policies C. DD Act D. ITACC DD Council Member Guide E. 2022-2026 Draft State Plan F. 2022-2026 Draft State Plan Executive Summary

Welcome to the Ohio Developmental Disabilities Council!

Overview The Ohio Developmental Disabilities Council (ODDC) is one of a national network of state councils, committed to self-determination and community inclusion for people with developmental disabilities.

ODDC receives federal funding for innovative advocacy, capacity building and systems change activities. These activities are designed to contribute to a coordinated system of services, supports and other assistance that is centered around and driven by individuals with developmental disabilities and their families.

ODDC consists of at least 30 members appointed by the governor.

Members are people with developmental disabilities, parents and guardians of people with developmental disabilities, representatives from concerned state agencies, and nonprofit organizations and agencies that provide services to people with developmental disabilities.

These members bring their unique and varied perspectives to analysis of the system in Ohio and creation of visions and initiatives to insure that individuals with developmental disabilities have access to opportunities and support to: • Make informed choices and decisions about their lives • Be included in community life • Have interdependent relationships • Live in homes and communities • Make contributions to their families, communities, states and nations

Mission It is the mission of the ODDC to create change that improves independence, productivity and inclusion for people with developmental disabilities and their families in community life.

Philosophy People with developmental disabilities have the right to be productive, interdependent members of their communities and of society at large.

The ODDC recognizes: • The fundamental role of families in making choices and decisions for their minor children.

• Needs for training and support so families can meet their children's needs effectively and can be effective advocates for their children.

• The right of adult individuals with developmental disabilities to make choices about where and with whom they will live and how they will spend their time.

We believe that: • All people in our society have a basic responsibility to accept and under- stand people with developmental disabilities • People with developmental disabilities have the same hopes, aspirations, feelings, desires, experiences, successes, and failures as other people • It is essential that people with developmental disabilities be viewed first and foremost as ordinary citizens • People with developmental disabilities have the right to be treated with personal respect and dignity-the same way other members of society are treated • Individuals with disabilities have the right to make choices and

decisions about their lives and to participate fully in community life • Assistance must be available when it is needed and to the degree necessary, as determined by the individual with the disability or the individual's family • Family and friends are essential to personal development, happiness, and survival • No characteristic or feature of people with developmental disabilities requires our basic hopes and aspirations for them to be less than those we have for other people or requires them to be served in settings or ways that set them apart from other citizens.

Specific Position Statements • Abuse and Neglect • Aging • Challenging Behavior • Civil Rights • Community Presence and Participation • Early Intervention • Education • Employment and Income • Formal Supports for Individuals and Their Families • Health • Housing • Preventing Developmental Disabilities • Self-Determination • Systems Coordination

• Transportation • Withholding Medical Treatment Position Statements are described on Council’s Website: www.ddc.ohio.gov

Authority for the Council: The DD Act Councils were created in 1963 and are currently authorized by federal law: The Developmental Disabilities Assistance and Bill of Rights Act. There is a council in every state and territory.

The law includes language that says that the Council must be free to act without interference from any entity. This allows the Council the freedom to do its job without undue influence from any person, group, or agency.

Principles of the DD Act • • • • • • • •

Independence To have control Productivity To work or make other contributions to a household or a community Integration Right to the same opportunities, services, and community resources as all other Americans Inclusion To fully participate, be welcome in social, educational, and work activities and community life

Purpose of the DD Act The purpose of the Act is to provide for federal funding to support State Councils on Developmental Disabilities in each State to –

• engage in advocacy, capacity building, and systemic change activities • contribute to a system of community services that is consumer and family directed and that includes supports for each person who needs them so that the person can be independent, productive and be included in their community.

Councils are required by law to engage in: Advocacy: Speaking out for people with developmental disabilities and their families and helping them speak out for themselves.

Capacity Building: Increasing the amount of and access to services that people with developmental disabilities need.

Systems Change: Change the way services are delivered so that people with developmental disabilities have more independence, inclusion and participation in their communities. Working with policymakers to change laws and rules when necessary.

Working on Goals for Change Councils are given powerful direction and broad authority to set priorities in their individual states by the DD Act. Councils work toward public policies that promote several goals for people with developmental disabilities, including: • Self Determination - Activities that result in individuals with developmental disabilities having the ability and opportunity to communicate and make personal decisions, exercise control over the type and intensity of supports and services they receive, the authority to control resources, opportunities to participate in and contribute to their communities, and support to advocate for themselves and others.

• Inclusion - acceptance and encouragement of the presence and participation of individuals with developmental disabilities, by individuals without disabilities, in social, educational, work, and community activities.

• Integration - exercise of the equal right of individuals with developmental disabilities to access and use the same community resources as are available to and used by other individuals.

DD Act: Outreach and Inclusion The following are passages in the DD Act, Public Law 106-402, related to outreach and Iiclusion: An Act: To improve service systems for individuals with developmental disabilities, and for other purpose. Be it enacted by the Senate and House of Representatives of the United States American in Congress assembled, (a) Short Title.—This act may be cited as the “Developmental Disabilities Assistance and Bill of Rights Act of 2000”

114 STAT. 1680—(b) Purpose—The purpose of this title is to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individual supports, and other forms of assistance that promote self-determination, independence, productivity, and Integration and inclusion in all facets of community life, through culturally competent programs authorized under this title, Including specifically (1) State Councils on Developmental Disabilities in each state to engage in advocacy, capacity building and systemic change activities.

114—STAT.—1681—Policy It is the policy of the United States that all programs, projects, and activities receiving assistance under this title shall be carried out in a manner consistent with the principles that—recruitment efforts in disciplines related to developmental disabilities relating to pre-service training, community training, practice, administration, and policy making must focus on bringing larger numbers of racial and ethnic minorities into disciplines in order to provide appropriate skills, knowledge, role models, and sufficient personnel to address the growing needs of an increasing diverse population.

114—STAT.—1683—Culturally Competent The term “Culturally Competent” used with respect to services, supports, or other assistance that is conducted or provided in a manner

that is responsive in 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.

114 STAT.—1685—Inclusion The term inclusion used with respect to individuals with developmental disabilities, means the acceptance and encouragements 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 of their own choice (B) Live in homes close to community resources with individuals without disabilities.

(C) Enjoy full access to and active participation in the same community activities and type of employment as individuals without disabilities; and (D) take full advantage of their integration in the into the same community resources as individuals without disabilities, living, learning, working, and enjoying life in regular contact with individuals without disabilities.

114—STAT.—1688 Unserved/Underserved 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.

Other Options to consider that are not included in Statue; Ethnic, cultural, and disability groups that typically do not receive services and supports because of language or cultural barriers; people whose voices are not heard because we don’t ask; people who are not listened to because they are such a small percentage of the population; or people who are isolated from the mainstream.

Implicit Bias Awareness Implicit Bias refers to the attitudes, stereotypes, that affect our understanding, actions, and decisions in an unconscious manner.

What is an example of a Bias?

Bias is a tendency to lean in a certain direction, often to the detriment of an open mind.

Bias, prejudice, and discrimination all live under the same roof. Bias is an inclination toward one way of thinking, often based on how you were raised.

As with all types of bias, Implicit bias can distort one’s perception and subsequent treatment either in favor of or against a given person or group.

In policing, this has resulted in widespread practices that focus undeserved suspicion on some groups and presume other groups innocent.

Where Council Fits in Federal Government President Joseph Biden U.S. Department of Human Services Administration for Community Living Administration on Intellectual and Developmental Disabilities Developmental Disability Network Protection and Advocacy

University Centers for Excellence in Disability

Council’s on Developmental Disabilities

Identifies problems through cases

Conducts research in best practices, emerging trends, cost analysis

Develops recommendations for policy changes; moves changes through enactment

Monitors changes through cases

Conducts training to implement changes

Disseminates information and supports training

Where Council Fits in State Government Governor Michael Dewine Ohio Department of Developmental Disabilities Jeff Davis, Director

DODD Legal and Oversight Deputy Director, Brad Singer

Designated State Agency

Ohio Developmental Disabilities Council TBD, Chair

ODDC Executive Director, Carolyn Knight ODDC Council Staff

Council Staff Executive Director Carolyn Knight (614) 466-5205 carolyn.knight@dodd.ohio.gov

Staff Fatica Ayers Program Staff (614) 644-5543 fatica.ayers@dodd.ohio.gov Rebecca Bates Program Staff (614) 644-5548 sara.bates@dodd.ohio.gov Leslie Connelly Program Staff (614) 644-5542 leslie.connelly@dodd.ohio.gov Carla Cox Program Administrator (614) 644-5538 carla.cox@dodd.ohio.gov Kim Shoaf Electronic Design Specialist (614) 466-5232 kimberly.shoaf@dodd.ohio.gov

Gilbrina Dillon Program Administrator (614) 466-5208 gilbrina.dillon@dodd.ohio.gov Gary Groom Fiscal Officer (614) 644-5541 gary.groom@dodd.ohio.gov Paul Jarvis Program Staff (614) 644-5545 paul.jarvis@dodd.ohio.gov Ken Latham Program Staff (614) 644-5546 kenneth.latham@dodd.ohio.gov Robin Shipp Grants Coordinator (614) 644-5544 robin.shipp@dodd.ohio.gov

Where to Find the Council Office location: 899 E. Broad Street, Suite 203 Columbus, OH 43205 Telephone: 614-466-5205 Toll Free: 800-766-7426 FAX: 614-466-0298 Council’s social media sites can be found at: • • • •

Website: http://ddc.ohio.gov Facebook: https://www.facebook.com/ohioddcouncil/ Twitter: https://twitter.com/ohioddcouncil YouTube: https://www.youtube.com/channel/UCUFf5aQEfdHwfypf6 WTloAQ

ODDC’s Work Carrying out the ODDC Mission To carry out its mission, Council develops a state plan, conducts advocacy and systems change activities, and funds projects.

Ohio's State Plan addresses most of the federal areas of emphasis: • Education and early intervention • Quality assurance • Child care • Health • Employment • Housing • Transportation • Recreation •Other services available or offered to individuals in a community Council operates through committees that deal with the areas identified in the state plan. Professional staff support the committees and handle day-to-day operations, administration, planning, advocacy, and project monitoring.

Council currently administers more than twenty-five projects (grants) that support ideas in the state plan designed to promote systems change. Each year, grant review panels award projects to successful applicants who have submitted proposals. A complete list of the projects currently operating throughout the state can be found on ODDC’s website.

Council members and staff serve on more than 45 state boards, committees and other bodies to bring issues to Council, serve as

advocates for individuals with developmental disabilities and their families, and promote collaboration in improving and expanding services and supports.

The Ohio Department of Developmental Disabilities (DODD) serves as the designated state agency (DSA) for Council. The DSA is an agency within the state that provides support to Council as it works to meet its responsibilities under the DD Act.

Council Budgets Council receives funding from both the federal government and the state government. A formula is used to determine how much each council receives for the Federal Fiscal Year (FFY).

Federal: Each year, Council receives federal funding from the Administration for Community Living, which is a division of the U.S. Department of Health and Human Services. The FFY begins on October 1 and runs through September 30 of the next year. The fiscal year is numbered by the year in which it ends. For example, FFY21 begins October 1, 2020 and continues through September 30, 2021.

During FFY20 Council was awarded $2,913,208. (Final awards for FFY21 have not yet been announced.)

Each award received by Council has a 3-year lifespan. Council must complete all work performed under each award within the first two years. The third year is only for paying any expenses related to the work performed during the first two years.

State: Each year, DODD provides additional funding for Council. These funds are used to pay a portion of Council’s administrative costs. During the State Fiscal Year (SFY) which begins July 1 and runs through June 30 of the next year, Council typically receives around $100,000 in direct financial support from DODD. Categories: The Council budget is divided into two parts: • Administration/planning includes some staff costs and operating costs for the Council (rent, phones, mail, copying, etc.). Council

cannot spend more than 30% of the annual federal award on administration. • Program includes some staff costs, travel costs for Council for oversight of the plan, and costs for activities to accomplish the goals and objectives in our work plan.

ODDC Meetings The Ohio DD Council meets at least four times per year. All meetings are subject to the provisions of ORC 121.22, commonly known as Ohio's open meeting or Sunshine Law. However, committee starting times may change to accommodate the needs of speakers. We welcome and encourage visitors to come join us.

2021 Ohio DD Council Meetings The following is a list of meeting dates for 2021. Agendas for the meeting are posted closer to the date of the meeting on the ODDC website.

February 5, 2021 GoToMeeting Details pending March 2, 2021 Legislative Advocacy Day Ohio Statehouse Columbus, Ohio April 2, 2021 GoToMeeting Details pending June 4, 2021 GoToMeeting Details pending August 5-6, 2021 Full Council Business Meeting Location and details pending October 7-8, 2021 Full Council Business Meeting Location and details pending

ODDC Meeting Format The following is the format of a typical two-day ODDC meeting. Some meetings are held for special purposes and will have a different agenda, such as the Competitive Grant Reviews meeting held in August.

Thursday:      

9:30 - 10:55 Leadership Development Committee 11:05 - 12:35 Lunch 11:05 - 12:35 Outreach Committee (Working Lunch) 12:40 - 2:10 Children & Health Committee 2:15 - 3:40 Employment Committee 3:45 - 5:05 Community Living Committee

Friday:    

9:15 - 10:45 Public Policy Committee 10:50 - 12:20 Executive Committee 12:25 - 12:45 Lunch 12:45 - 2:30 Business Meeting (Working Lunch)

Elections and Voting: The Council tries to get consensus on issues so that everyone can agree. For some matters or if there are differences, the Council follows Roberts Rules of Order.

Conflict of Interest: Members must be aware of when they may have a conflict of interest about something the Council is working on. A conflict of interest can happen when a decision or action of the Council might help a member, or someone in that member’s family, to benefit financially (get money).

When that happens, the Council member should say what the conflict of interest is and not vote on that matter.

Five-Year Plan The council’s five-year plan:

• Is the ‘big picture’ of how services and programs for individuals • with developmental disabilities and their families are currently and what they should be five years from now • Provides guidance to the Council about how it spends its resources • Identifies barriers to be overcome or changes that need to be made • Includes long term goals to be accomplished within five years • Includes measurable outcomes that the Council reports to the Administration on Intellectual and Developmental Disabilities (AIDD)

Developing goals and desired outcomes

Every five years, as required by our federal law, the Council gathers information from people with disabilities, their families, service providers, public agencies and other organizations to determine what the Council's action agenda should be for the next five years. This information is provided to Council members who, with help from staff, develop goals and outcomes. Then staff recommend the activities needed to accomplish them. This plan must be submitted to the AIDD for approval. The next 5-year plan will be developed during 2019-21 and is due August of 2021. (See 2022-2026 State Plan Development Time Line) Each year, the Council develops a State Plan Update and an annual work plan that outlines what we will do that year to work toward our fiveyear plan goals. Any amendments the Council would like to make to goals or objectives that effect the meaning of a goal in its 5-year plan must be sent to AIDD by August 15th of that year. Otherwise the annual plan is due in December.

Reporting progress

In December of each year, the Council must submit a Program Performance Report (PPR) to AIDD about the progress the Council has made toward achieving the goals in its plan during the past federal fiscal year.

2022-2026 State Plan Development Time Line When

2019

What Activity

January - September 2019

Planner works with Staff and interested others create Survey tool for soliciting feedback.

October 2019– January 2020

Solicit feedback on websites, Reach Out E-diversity, and various conferences.; this may include hiring folks to assist in collecting feedback • External Evaluation presented to full Council • Executive Committee has continuation grant review to approve current projects for 2020.

Council has Retreat. Council Members will meet for the first time the Facilitator for Strategic Plan by phone

November 2019

December 2019

2020

January – May 2020

Council staff analyzes feedback from Retreat and results of survey to share with respective committees.

March 2020

Council has Part One of a Strategic Plan meeting to review feedback, Review DD Act and Council 5 Year State Plan Facilitator may have caucus with people with disabilities.

Staff prepares possible funding ideas for respective committees.

Committees decide what types of projects they want to fund; work in groups (Research Fact Finding Teams).

Staff work on CRA.

June – November 2020

When

November 2020 December 2020

February – March 2021

What Activity Staff drafts language. There may have to be additional meetings: Elements of Project Description should be:  Outcome Statement  Scope and Intent of Project  Performance Targets Funding Level Executive Committee meeting for Continuation Grant Reviews.

Full Council meets to share the new 5 Year State Plan Project Language.

2021

April 2021

Staff working on obtaining public feedback.

Committees could meet to discuss 2021 Project(s).

Appropriate staff begin developing “2022 Proposal Kit”.

Council and committee meets to go over public feedback.

Council needs to approve next 5 Year Plan that includes changes based on public feedback.

Select Grant Review Panels.

NOFAs are published.

June 2021

Bidder’s Conference held.

July 2021

All applications for the next 5 Years State Plan are due by Friday, July 2, 2021.

Grant Reviews: Condition’s letters sent out Review responses to condition’s letters and send out final approval letters.

New Projects begin Committees report on who received what Grant based on results of Grant Reviews

August 2021 September 2021 October 1, 2021 October 7-8

When November 2021 December 2021

February or March 2022

What Activity No Continuation Grants Review for Projects just started on October 1st Report to Council all projects that have been approved. Final approval letters sent out to new grantees.

2022

Orientation will be set up to meet with all grantees.

Council Member Responsibilities Serving on the Council is more than attending meetings each year.

Although attendance at those meetings is important and provides an opportunity for discussion and input into Council work, being a Council member means being an ambassador for the Council’s efforts.

Specific responsibilities are: • Help develop and approve a Council plan • Listen to individuals with developmental disabilities, their families and other stakeholders • Regularly attend and actively participate in Council and ODDC committees • Advocate for policies and services that advance the values and objectives of the Council • Work to positively impact the image of the Council by building relationships with others in their communities and within the Council itself • Monitor the activities and expenditures of the Council to ensure effectiveness, efficiency, and compliance with the law • Take part in other Council sponsored activities and encourage the participation of others • Ask questions and inform and educate yourself about disability issues in general and Council initiatives in particular • Avoid the appearance of any conflict of interest • Help and support new Council members

Who Is On The Council?

Council Member Categories The Ohio Developmental Disabilities Council (ODDC) consists of at least 30 members appointed by the governor. Members are people with developmental disabilities, parents and guardians of people with developmental disabilities, representatives from concerned state agencies, and nonprofit organizations and local agencies providing services to people with developmental disabilities. More specifically, the federal DD Act requires that the membership must comply with the following categories: • Individual with a developmental disability • Parent or guardian of a child with a developmental disability • An immediate relative or guardian of an adult with a developmental disability who cannot advocate for his/herself • An immediate relative or guardian or an institutionalized or previously institutionalized individual with a developmental disability or an individual with a developmental disability who resides or previously resided in an institution • A representative from a private agency serving persons with developmental disabilities • A representative from a private non-profit organization serving persons with developmental disabilities

ODDC Members A list of current DD Council members, the category that each represents.

The list is also found on the ODDC website at https://ddc.ohio.gov/Council-Members/Current-Members

Individuals with a Developmental Disability Brenda Brandon - Ottawa County Michael Denlinger - Hamilton County Matt Harrison - Darke County Courtney R. Hineman – Butler County James Plasencia - Crawford County Rachel Rice - Warren County Michael Richards - Highland County Dara Walburn - Athens County Jodi Young - Putnam County

Family Members or Guardians of Children with a Developmental Disability William E. Ackman – Franklin County Rochelle Hall-Rollins - Lucas County Debbie L. Lozano – Lake County Jill Radler - Allen County Rhonda Rich - Miami County Brian H. Veith – Hamilton County Victor A. Wilson - Franklin County

Immediate Relatives or Guardians of Adults with Mentally Impairing Disabilities who cannot Advocate for Themselves Amanda Via - Miami County

1

Parent or guardian of a person with a developmental disability who resides in or who has resided in an institution, OR an individual with a developmental disability who resides in or who has resided in an institution Jean (Wyatt) Jakovlic – Franklin

Private Non-Profit Organization which Serves Persons with a Developmental Disability Education, Research, and Service John Banchy - Butler County Pamela Green - Hamilton County

Private Agency which Serves Persons with a Developmental Disability Education, Research, and Service Annette Wood - Summit County

Protection and Advocacy Agency Kerstin Sjoberg Disability Rights Ohio

University Centers of Excellence on DD Ilka Riddle, Ph.D. University of Cincinnati University Center for Excellence in Developmental Disabilities (UC UCEDD) Paula Rabidoux, Ph.D. Nisonger Center, UCEDD

5

Representatives of State Government Emilia R. Jackson Ohio Department of Aging Vicki Jenkins Ohio Department of Developmental Disabilities Mark Smith Ohio Department of Education Bobbi Krabill Ohio Department of Health Jacquelyn ‘Jackie’ Rigutto Ohio Department of Medicaid Ellie Jazi Ohio Department of Mental Health & Addiction Services Shannon Komisarek Opportunities for Ohioans with Disabilities

County Board Representative (Non-voting representative)

Kellie Brown Guernsey and Muskingum County Board of DD

7

Council Officers The Council has three officers. The current officers are: Chairperson: TBD Vice-Chairperson: Rhonda Rich Secretary: Jean Jakovlic A description of each position with their duties are listed below:

Chairperson

Duties • To set agenda and preside at Council business meeting; • May appoint members to all committees and subcommittees, subject to approval of Council; • To serve as an ex-officio member of all committees, except Nominating; • To set agenda and preside at Executive Committee meetings; • To serve as chairperson of Personnel Committee; and • To appoint committee and subcommittee chairpersons and vicechairpersons.

Qualifications • Have been a member of Council for at least one year; • Have a working knowledge of Ohio and federal laws relevant to individuals with developmental disabilities; • Have a working knowledge of the state and federal service delivery systems for people with developmental disabilities; • Have experience leading meetings and knowledge of the role of chairman of a group; and • Have a working knowledge of parliamentary procedure.

Term of office The Chairperson shall serve a two (2) year term commencing on January 1, unless otherwise designated by the Governor.

Selection/appointment: Six (6) months prior to the expiration of a Chairperson’s term, as designated by the Governor, the Nominating Committee shall solicit recommendations for Chairperson and determine whether individuals interested in serving as Chairperson meet the requirements of paragraph (B) of this section. The Council shall select a slate of two recommendations and submit them to the Governor for appointment of Chairperson. The Director of the Department of Developmental Disabilities shall be informed of the names submitted to the Governor.

Vice-chairperson Duties • To preside at meetings in the absence of the Chairperson; • To handle other duties of the Chairperson in the event the Chairperson is unable to perform them; • To serve on the Personnel Committee; • To serve on the Executive Committee; and • To serve on at least two Issue Committees.

Qualifications The Vice-chairperson shall meet the same qualifications as the Chairperson.

Term of office The term of office shall be limited to three (3) consecutive one-year terms.

Selection The Nominating Committee shall annually present no fewer than two candidates to Council for a vote.

Secretary Duties • To serve on the Executive Committee; • To serve on the Personnel Committee; • To be responsible for certifying the minutes of Council meetings; • To serve on at least two Issue Committees.

Qualifications The candidate shall have been a member of Council for at least one year.

Term of office The term of office shall be limited to three (3) consecutive one-year terms.

Selection The Nominating Committee shall annually present two candidates to Council for a vote.

ODDC Committees Executive Committee Chair: TBD Vice-chair: Rhonda Rich Staff: Carla Cox

Children & Health Committee Mission Statement: To promote, evaluate and monitor the development and reinforcement of strategies and approaches that prepare and support children, young adults and their families with developmental disabilities to live, work, and be included in their community.

Chair: Rachel Rice Vice-chair: Rochelle Hall-Rollins Staff: Rebecca Bates

Community Living Committee Mission Statement: To identify and promote strategies, approaches, and resources that support adults with developmental disabilities as they choose where and with whom they wish to live and children with developmental disabilities in safe and nurturing family settings.

Chair: Jill Radler Vice-chair: Vicki Jenkins Staff: Fatica Ayers

Employment Committee Mission Statement: To improve and expand opportunities for people with developmental disabilities to obtain and maintain employment in the community to the best of their ability.

Chair: Shannon Komisarek Vice-chair: Brenda Brandon Staff: Leslie Connelly

Leadership Development Committee Mission Statement: To educate and provide opportunities to empower people with developmental disabilities to be leaders.

Chair: James Placensia Vice-chair: Rochelle Hall-Rollins Staff: Leslie Connelly

Outreach Committee Mission Statement: To conduct outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the Council and assist enable individuals and families to obtain services, individualized supports and other forms of assistance including access to special adaptation of generic community or specialized services.

Chair: Michael Denlinger Vice-chair: Vicki Jenkins Staff: Ken Latham

Public Policy Committee

Chair: Jean Jakovlic Vice-chair: Michael Richards Staff: Paul Jarvis

New Membership Appointment & Processes When an individual is appointed by the Governor to a state board or commission there are many required documents that must be completed upon appointment along with specific deadlines. The Ohio Developmental Disabilities Council staff is required to ensure their members are in compliance when completing such documents and all deadlines are met.

Appointment Paperwork Once an applicant has been contacted by the Governor’s Office of their appointment, paperwork is prepared and sent to the appointed Council member. In the event the Governor’s Office need assistance in acquiring these documents, Council staff is contacted. An abbreviated example of this packet is included: • • • • •

Cover Memo of packet Cover Letter indicating required documents Appointment Agreement Pledge of Ethical Conduct Financial Disclosure Acknowledgement

Financial Disclosure The Financial Disclosure Statement must be completed by all Council members within 90 days of their initial appointment and annually thereafter until their term ends. Please note: If a Council member’s term ends on September 30, 2016, but the Governor does not appoint a replacement until February 2017, that member is required to complete a statement in 2017 for CY 2016 and in 2018 for the CY 2017. In addition, if an applicant is appointed near the end of a calendar year, e.g., December 18, 2020, that member is required to complete a statement in 2021 for CY 2020.

It is very important that this form is completed by its deadline. If not, a late fee is assessed. The Ohio Developmental Disabilities Council will pay for the initial filing fee; however, we can use our discretion when a late fee is charged.

• Annual Financial Disclosure Statement Memo • Financial Disclosure Statement – A hard copy of the form and instructions can be accessed at: http://www.ethics.ohio.gov/fds/index.html ; however, electronic filing is preferred.

• Reminder Financial Disclosure Filing Letter from Ohio Ethics Commission Ethics Training The Ethics Law provides restrictions regarding conflicts of interest and public contracts, as well as restricting acceptance of gifts, meals, travel and other things of value. Council members and staff are required by Executive Order 2019-11D to complete Ethics Training annually.

• Annual Ethics Training Memo • Executive Order 2019-11D • Information on the Ohio Ethics Law for Appointee to State Boards & Commissions Boards and Commissions Attendance All Council Members are to attend at least three-fifths of the regular and special scheduled Council meetings held during a two-year period. If not, they forfeit their position on the Ohio Developmental Disabilities Council.

OPERS Independent Contractor/Worker Acknowledgement Council members are not considered public employees and therefore would not be eligible for Ohio Public Employees Retirement System (OPERS). OPERS requires that employee and employer contributions are only permitted on an earnable salary.

ODDC Code of Conduct Self-explanatory standards that should be displayed by each Council member.

Last updated 1.14.2021 cc

Good afternoon <Council Member’s Name>, Congratulations on your appointment! Please read the following email and attached documents carefully, as they contain important information about your appointment.

Please find attached the following documents necessary to complete your appointment: 1.

2.

3.

4.

5.

6.

7.

8.

Director’s Letter Appointment Summary Sheet Oath of Office – please review and have notarized Appointment Agreement – please review and sign Ethics Pledge – please review and sign Financial Disclosure Acknowledgment Form – please review and sign Background Check Form – please review, complete and sign Information on the Ohio Ethics Law – please review

If you have not already done so, you will need to complete the public financial disclosure required to serve on the board. Please visit http://disclosure.ethics.ohio.gov to complete your Financial Disclosure Statement.

Please note that without taking your notarized oath of office, you cannot exercise any of the duties of the office of your appointment. In addition to mailing all of your materials to us, please provide me an electronic copy of your notarized oath of office as soon as possible. Please provide the original notarized oath of office and additional paperwork to us as soon as possible.

Please mail the originals of all your completed paperwork to the following address: Office of the Governor Attn: Boards and Commissions 77 S. High St., 30th Floor Columbus, OH 43215 Upon receiving this email, please reply and confirm receipt. If you have any questions, feel free to contact me at (614) 644-0860 or Jennifer.Brown@governor.ohio.gov.

Thank you, Jennifer Brown

Dear <Council Member>: On behalf of Governor DeWine, thank you for your willingness to serve as a member of the Ohio Developmental Disabilities Council. Enclosed please find a Cover Sheet (appointment summary), Appointment Agreement, Oath of Office, Pledge of Ethical Conduct, and a Financial Disclosure Acknowledgment Form. Also enclosed is a Background Information Form. The Department of Public Safety will run a criminal background check once this latter form is received. Your appointment is contingent on the results of this check and failure to disclose information may result in your removal.

A Financial Disclosure Statement (FDS) must be filed with the Ohio Ethics Commission at 30 West Spring Street, Columbus, Ohio 43215. The Ohio Developmental Disabilities Council is responsible for paying the filing fee for the FDS. Please contact the Ohio Developmental Disabilities Council after you have filed your FDS so they may process the payment.

Your commission document, executed by the Governor, will be mailed to you from the Secretary of State after that office has recorded it. Additionally, you must provide this office with the following: ____ 1. A notarized oath of office ____ 2. Appointment Agreement ____ 3. Pledge of Ethical Conduct ____ 4. Background Check Information Form ____ 5. Financial Disclosure Acknowledgement form Please review, print single sided, complete, and sign all the above forms. Return the originals of all the completed forms (one document per sheet of paper) to the following address: Office of the Governor Attn: Boards and Commissions 77 South High Street Columbus, Ohio 43215 Please note that without taking your notarized oath of office, you cannot exercise any of the duties of the office of your appointment. Thus, please provide the notarized oath of office and additional paperwork to us as soon as possible.

If you have any questions, please contact the Boards and Commissions office, (614) 644-0860.

Best, Jen Thrasher Director of Boards and Commission

Appointment Agreement I, <Council Member Name>, state that I have hereby authorized the Governor’s office and/or the Governor’s designee to investigate the information that I have provided in the Department of Boards and Commissions Application (“Application”), and that I fully understand that my appointment to this position is contingent upon both my full disclosure of information in the application, and upon review and confirmation of that information.

I further state that I understand that my failure to fully disclose information requested by the Application and/or the subsequent discovery of information not disclosed in my Application, may result in the Governor’s withdrawal of my appointment to this seat, and the Governor’s refusal to deliver a commission evidencing my appointment. I further state that I understand that the withdrawal of my appointment or withholding of my commission may occur after my appointment is filed and I have taken the oath of office.

I further state that should the Governor’s Office deem that I have failed to fully disclose information requested by the Application, or if information is discovered that was not disclosed in my application, I voluntarily waive any right(s) I may have to appointment to a state board or commission, and that this document shall act as a letter of resignation from my appointment to the Ohio Developmental Disabilities Council, (Board of Commission) effective immediately upon notification to me that the Governor has accepted my resignation.

______________________________________ Signature ______________________________________ Date

Pledge of Ethical Conduct In consideration of my employment as a member of a state Board or Commission of the State of Ohio, I hereby pledge to conduct myself in accordance with the laws of Ohio, including the Ohio Ethics Law (Chapter 102 and 2921 of the Ohio Revised Code), the Executive Orders of the Governor of the State of Ohio.

Specifically, I pledge the following: 1. I will file all financial disclosure statements with the Ohio Ethics Commission when and if required by law. The information that I provide will be accurate and comprehensive.

2. During my employment or after my employment for the fixed amount of time specified by Ohio law, I will not represent a private client before any public agency in any manner in which I personally participated as a public official.

3. I will not disclose or use confidential information without proper authorization.

4. I will not use my position to obtain improper benefits for myself, my family, or business associates.

5. I will not solicit or accept anything of substantial value from any person or organization regulated by, interested in matters before, or doing business with my department or agency.

6. I will not accept compensation from any source other than the State of Ohio for my public duties or for personal services rendered on a matter before any state agency, unless I am eligible for a specific legal exemption and file the statement required by law.

7. I will not vote, authorize, or in any way use my position to secure approval of a state contract in which myself, my family, or a business associate has an interest.

8. I will not be a party to or benefit from a contract for the purchase/acquisition of goods, property or services by my department or agency, nor will I have an interest in a contract entered into by my department or agency, unless I meet the strict criteria set by Ohio law and refrain from all deliberations or decisions on the matter.

9. I will not have any interest in the profits of a public contract which is not competitively bid, if it must be bid under law, and is more than one hundred and fifty dollars ($150.00).

10. I will not sell any goods or services to the General Assembly or any instrumentality of the state (excluding the courts) unless it is competitively bid or I meet the criteria of Section 102.04(D) of the Revised Code.

11. I will not aid any person in obtaining or maintaining public employment for my personal benefit, the benefit of my family, or the benefit of my business.

12. I will not solicit classified or unclassified state employees for the financial benefit of a political party or a candidate for public office.

13. I will not coerce campaign contributions from any public official or employee.

14. I will not solicit or accept honoraria if prohibited from doing so by Ohio law.

Signature:

Date: ___________________

Financial Disclosure Acknowledgement Form

According to Section 102.09(C) of the Ohio Revised Code, the Governorâ&#x20AC;&#x2122;s Office must provide each official or employee with a copy of the ethics laws and the financial disclosure form to be completed and sent directly to the Ohio Ethics Commission, 30 West Spring Street, L3, Columbus, Ohio 43215.

I, <Council Member Name>, having been duly appointed to the Ohio Developmental Disabilities Council, (Board Name), do hereby acknowledge receipt of the Financial Disclosure Statement. I understand that it is my responsibility as a board or commission member to read, complete and return the financial disclosure statement to the Ohio Ethics Commission.

______________________________________ Signature ______________________________________ Date

Calendar Year 2019 Financial Disclosure Statements Now Available Dear public official, employee, or candidate, As we begin 2021, the Ohio Ethics Commission would like to inform you that financial disclosure statements for calendar year 2020 are now available for filing.

Get started today: https://disclosure.ethics.ohio.gov

Who is required to file a calendar year 2020 statement?

• • •

Anyone who served in a filing position for any amount of time in 2020 or in 2021.

Anyone appointed or promoted to, or employed in, a filing position in 2021.

Anyone who is a candidate for a state, county, or city elected office in 2021.

Only individuals who meet one or more of the above listed criteria, are required to file a financial disclosure statement for calendar year 2020.

What is the filing deadline?

The filing deadline is MONDAY, MAY 17, 2021.

To: Re:

Council Members Financial Disclosure Filing 2019

Hello Everyone, It is that time again to file the Financial Disclosure Statement Form for 2019.

You may have already received some type of notice from the Ethics Commission, so this email serves as a friendly reminder from me. If and when you file your Financial Disclosure Statement, please forward to me a copy of your confirmation form (if completed electronically) or a copy of your actual disclosure form if you download and complete manually (Electronic Filing is Preferred).

The due date for filing this year is May 15, 2020; however, please do not wait until the last minute to complete as there will be a late fee charged if not filed on time. The Ohio DD Council pays for the initial $60 filing fee, but you will be responsible for any late fees if not completed on time. Indicated below is the link that provides additional information if you have questions and to obtain the electronic version and/or paper version. http://www.ethics.ohio.gov/fds/index.html Also, for those of you that need financial information of expenses incurred while on Council, please contact Robin Shipp at robin.shipp@dodd.ohio.gov and she will provide you with that information.

Please feel free to contact me know if you have additional questions. Thank you.

Carla R. Cox Program Administrator Ohio DD Council (ODDC) 899 E. Broad St., Suite 203 Columbus, OH 43205 614.644.5538 DL â&#x20AC;&#x201C; 614.466.0298 Fax carla.cox@dodd.ohio.gov

Ohio Ethics Commission Financial Disclosure Reminder Letter Filer name Address City, State Zip Dear Financial Disclosure Filer: Our records indicate that you are serving, or served in (year) or (year), in a public position which required you to file a (FDS year) financial disclosure statement with the Ohio Ethics Commission by (insert date). As of the date of this letter, our records indicate that you have not yet filed a (FDS year) statement.

If you believe you have already filed a (FDS year) statement, or if you did not serve in a public position for any amount of time in (year) or (year), please contact our office so that we can correct our records. Otherwise, please file a (FDS year) statement as soon as possible.

Electronic filing is available at http://disclosure.ethics.ohio.gov.

The state entity you serve is responsible for paying the $60.00 filing fee.

Please also be aware that because you did not file the statement on time, there is also a late fee of $10 per day for each day the statement is late in addition to the filing fee. Due to the fact that you have not yet filed a (FDS year) statement, an additional late fee of $250.00 has been accessed. You should make arrangements with the agency for the payment of the late fee. If the late fee is not paid, the Ethics Commission will bill you for payment.

If you have any questions about this letter or about the filing requirement, please contact me at 614.466.7090.

Jen Boger Ohio Ethics Commission

Annual Ethics Training Memo Council Members and Council Staff As a DD Council Member, you are required by Executive order 2019-11D to attend the Ethics Training Course on an annual basis. The Ohio Ethics Commission has announced the dates and locations for the 2020 Ethics Educational Sessions. These sessions are offered by the Commission to provide education opportunities to state officials and employees.

Council and Staff have several options to complete the required Ethics Training: 1. Classroom Training – These sessions are live and offered in various locations. You must register online. Once you attend, you would sign in and your name will be submitted for verification of attendance.

Please Note: Classroom training is currently unavailable due to COVID-19 2. Webinars – There are several topics to choose from, but you are only required to participate in one topic. Once the webinar is completed, you will receive an email verifying completion.

3. E-Learning – There is a one-hour e-course available at: https://www.ethics.ohio.gov/education/elearning/OEL2020/index.html Once completed you will receive an email verifying completion.

The Ethics Commission website is www.ethics.ohio.gov. At the top of the website, click on the Education link, follow with the Education Sessions and complete the training of your choice. Once you have completed, please submit to me via email at: carla.cox@dodd.ohio.gov your verification of attendance, either the list of names on the sign-in sheet or emailed certificate.

Thank you and please contact me with any questions.

Carla Cox Program Administrator

MIKE DEWINE GOVERNOR STATE OF OHIO

Executive Order 2019-11D March 05, 2019

WHEREAS, Ohio's Ethics Laws, applicable since the mid 1970â&#x20AC;&#x2122;s to public officials and employees, have h e l p e d t o create and maintain the high ethical standards that the citizens of Ohio rightfully expect, that our children deserve and our laws demand; and.

WHEREAS it is the policy of my Administration to ensure that all State employees act with integrity and respect for the law at all times.

NOW THEREFORE, I, Mike DeWine, Governor of the State of Ohio, by virtue of the authority vested in me by the Constitution and the laws of this State do hereby order and direct that: 1.

All individuals employed in the Executive Branch of State government and members of its boards and commissions must adhere to the high ethical standards in government embodied in Ohio's Ethics Laws as codified in Chapters 102 and 2921 of the Ohio Revised Code and as interpreted by the courts of this State and by the Opinions of the Ohio Ethics Commission (the "Ethics Laws").

2.

The Chief Legal Counsel of each State agency, board or commission (or, in the absence of a Chief Legal Counsel, the highest ranking in-house attorney at the State agency, board or commission) shall continue to hold the position of the Chief Ethics Officer for that agency, board or commission. The Chief Legal Counsel of each State agency, board or commission o r t h e C h i e f L e g a l C o u n s e l â&#x20AC;&#x2122; s d e s i g n e e shall be responsible for assisting all employees of that agency, board or commission in complying with the requirements of the Ethics Laws and to answer any questions regarding the same. The Chief Legal Counsel shall also provide or arrange for annual instruction on Ohio's Ethics Laws to all employees of that agency, board or commission, including guidance on areas of concern based upon the particular responsibilities or duties of that agency, board or commission.

3.

The Chief Legal Counsel of each State agency, board or commission shall also annually provide, to all employees of that agency, board or commission subject to the financial disclosure requirement of Ohio Revised Code Section 102.02, additional instruction on the Ethics Laws in the areas of misuse of official position, revolving door restrictions, soliciting or receiving improper compensation, public contracts and disclosure of confidential information. Beginning January 31, 2020 and by each January

31st thereafter, each agency, board or commission Chief Legal Counsel shall report to my Chief Counsel the nature of the Ethics Laws instruction provided to their agency, board or commission employees in the previous calendar year. My Chief Counsel may require additional reporting from or trainings to each agency, board or commission as he deems necessary or appropriate.

4.

All State officials and employees are strongly encouraged to consult with their Chief Legal Counsel and/or the Ohio Ethics Commission concerning questions they may have about the Ethics Laws, particularly before they undertake any action about which they have questions concerning compliance with the Ethics Laws.

5.

All State officials and employees are directed to report any alleged ethics violations by a State official or employee to the Ohio Ethics Commission and/or to the Inspector General and all State officials and employees are directed to cooperate with any investigation.

Such direction to report and to cooperate is not intended to and should not be interpreted as infringing on any constitutional right against self-incrimination.

I signed this Executive Order on March 4, 2019 in Columbus, Ohio and it will expire 10 days after my last day as Governor of Ohio unless rescinded before then.

___________________________________

Mike DeWine, Governor ATTEST:

Frank LaRose, Secretary of State

INFORMATION ON THE OHIO ETHICS LAW FOR APPOINTEES TO STATE BOARDS AND COMMISSIONS

As an appointee to a state board, commission or agency, you will be subject to provisions of the Ohio Ethics Law. The Ethics Law provides restrictions regarding conflicts of interest and public contracts, as well as restricting acceptance of gifts, meals, travel, and other things of value. Appointees to state boards or commissions should familiarize themselves with the requirements of the Ohio Ethics Law. The following link is to the Ohio ethics statutes: http://www.ethics.ohio.gov/ethicslawrevisedcode.pdf. The Governor's Executive Order regarding compliance with the Ethics Law and applicable ethics training requirements can be found at: http://governor.ohio.gov/LinkClick.aspx?fileticket=KOjRVYQ.JQvs%3d&tabid=69 .

Particularly relevant to consultants (including engineers, architects, or lobbyists) who may be appointed to a state board or commission, R.C. 1 02.04(A) prohibits a member of a state board or commission from receiving compensation for services he or she performs personally on a matter that is before the board or commission on which the person serves. That statute also prohibits a member of a state board or commission from receiving compensation for services he or she performs personally on a matter that is before a state agency other than the one on which he or she serves, unless, before rendering the services, he or she files a "R.C. 102.04(D) Statement." Here is a link to the 1 02.04(D) statement: http://www.ethics.ohio.gov/10204D.pdf. Similarly, R.C. 102.04(B) contains a similar prohibition regarding selling goods or services to any department or agency of the state if one is elected or appointed to an office of or employed by a different agency of the state. The link below provides general information about the Ethics Law's restrictions on selling goods and services to any agency of the state. http://www.ethics.ohio.gov/EducationandPublicinfo IS3 StateOfficialSellingGoodsOrServices. html . (Please note that separate requirements in addition to the Ethics Law may apply to executive agency and/or legislative lobbyists through the Joint Legislative Ethics Committee, which may be reached at (614) 728-5100. Those requirements are not addressed here, but also should be consulted.)

In a 102.04(D) statement, the member of a board or commission declares that he or she will not participate in any matter before tl1at board or commission involving any official or employee of the (other) state agency where the matter for which he or she personally renders services is pending. The 102.04(D) Statement must be completed and filed with: (a) the state board or commission on which tl1ey serve; (b) the state agency before which the matter is pending; and (c) the Ohio Ethics Commission, before participating or representing on matters before other state agencies. The board or commission member must then disqualify himself or herself from matters consistent with the statement. See R.C. 102.04(E). Also, the board or commission member must file such a statement for each year that he or she is rendering services on matters before a state agency while a board or conm1ission member. Note tl1at the exception

in 102.04(D) will not be available to an elected official or one appointed to elective office (i.e., an elected official may not receive compensation for a matter before any state agency). The restrictions in RC 102.04 and the 102.04(D) statement will be relevant for lobbyists or for others (i.e., architects, engineers, lawyers, consultants, etc.) who are appointed to a state position and who may wish to represent clients in matters before other state agencies (i.e., other than the state entity to which they were appointed).

The information in this memorandum is not an exhaustive summary of the Ohio Ethics Law's requirements. For information on other provisions of the law, please consult the Ethics Commission's website, including the fact sheets on various topics. See generally http://www.ethics.ohio.gov/EducationandPubliclnfo Publications.html.

Finally, financial disclosure requirements will apply to many appointees to state boards or commissions or other state employment. See http://www.ethics.ohio.gov/fdsforms.html . The Ethics Commission (466-7090) can provide information about financial disclosure requirements and the time for filing disclosure forms.

If you have particular questions about the Ethics Law, please contact your legal counsel or the Ethics Commission.

MIKE DEWINE GOVERNOR STATE OF OHIO MEMORANDUM TO: FROM DATE: RE:

EXECUTTVE DIRECTORS OF BOARDS AND COMMISSIONS OFFICE OF BOARDS AND COMMISSIONS SEPTERMBER 27,2019 BOARDS AND COMMISSIONS ATTENDANCE

The Ohio General Assembly has mandated a minimum attendance requirement for all board and commissions.

Ohio Revised Code ยง 3,17 states: "Any member of a board, commission, council, board of trustees of an institution of higher education, or other public body of the state, except a member of the general assembly or a judge of any court in the state, who fails to attend at least three-fifths of the regular and special meetings held by that board, commission, council, board of trustees, or public body during any two-year period forfeits the

member 1 S position on that board, commission, council, board of trustees, or public body."

As part of an ongoing effort to ensure board and commission members are in compliance with the stature, please remind the members of your board or commission of this requirement Additionally, we request

written notification and corresponding documentation of any instance in which a gubernatorial appointee drops below the minimum attendance requirement of 60%. Please direct all notifications and documentation of non-compliance to my attention at: 77 S High St, 30th Floor, Columbus, OH 43215.

We are aware that some boards and commissions have enacted bylaws or policies setting forth attendance requirements* Please note that unless these policies are specifically authorized by statute, R, C. 3.17 takes precedence, and any board or commission policy that purports to reduce the attendance requirement below 60% is ineffective.

Governor DeWine appreciates the commitment to public service of state board and commission members and the rime they dedicate to regularly attend meetings of the state entities to which they have been appointed.

Please contact me at 614-644-0860, or Boards.Commissions@governor.ohio.gov with any questions. *For example. the Chancellor of the Ohio Board o f Regents has sent additional reporting requirements to institutions a/higher education in Ohio

INDEPENDENT CONTRACTOR/WORKER

ACKNOWLEDGMENT

OPERS

Ohio Public Employees Retirement System 277 East Town Street, Columbus, Ohio 43215-4642

Employer Outreach: 1-888-400-0965

www.opers.org

This form is to be completed if you are an individual who begins providing personal services to a public employer on or after Jan. 7, 2013 but are not considered by the public employer to be a public employee and will not have contributions made to OPERS. This form must be completed not later than 30 days after you begin providing personal services to the public

Social Security Number

First Name

Ml

Last Name

Ml

Last Name

Name of Public Employer

Employer Contact First Name

Employer Code

Employer Contact Phone Number

Service Provided to Public Employer

Start Date of Service Month

End Date of Service

Day

I

Year

I

Month

Day

I

Year

I

The public employer identified in Step 2 has identified you as an independent contractor or another classification other than a public employee. Ohio law requires that you acknowledge in writing that you have been informed that the public employer identified in Step 2 has classified you as an independent contractor or another classification other than a public employee for the services described tn Step 2 and that you have been advised that contributions to OPERS will not be made on your behalf for these services.

If you disagree with the public employer's classification. you may contact OPERS to request a determination as to whether you are a public employee eligible for OPERS contributions for these services. Ohio law provides that a request for a determination must be made within five years after you begin providing personal services to the public employer, unless you are able to demonstrate through medical records to the Board's satisfaction that at the time the five-year period ended, you were physically or mentally incapacitated and unable to request a determination.

By signing this form, you are acknowledging that the public employer for whom you are providing personal services has informed you that you have been classified as an independent contractor or another classification other than a public employee and that no contributions will be remitted to OPERS for the personal services you provide to the public employer. This acknowledgment will remain valid as long as you continue to provide the same services to the same employer with no break in service regardless of whether the initial contract period is extended by any additional agreement of the parties. You also acknowledge that you understand you have the right to request a determination of your eligibility for OPERS membership if you disagree with the public employer's classification.

This form must be retained by the public employer and a copy sent to OPERS. The public employer's failure to retain this acknowledgment may extend your ri ght to request a determination beyond the five years ref erenc e d

above.

Signature_________________________________ Todayâ&#x20AC;&#x2122;s Date _____/_____/______ Do not print or type name

Code of Conduct For Members of the Ohio Developmental Disabilities Council As a member of the Ohio Council I shall: 1. Uphold the duties of my position and promote the mission and purpose of the Ohio Developmental Disabilities Council, which are intended to improve the quality of life for Ohioans with developmental disabilities and their family members 2. Uphold the by-laws and policies of the Council 3. Participate actively in Council meetings 4. Not discuss elsewhere what I am unwilling to discuss in Council meetings 5. Recognize that the primary purposes of the Council in its role of providing organizational oversight are: to make policy, establish a vision and maintain an approved State Plan 6. Advocate for the development and promotion of public policy that addresses the needs and concerns of Ohioans with developmental disabilities and their families 7. Respect and support all majority decisions of the Council 8. Support the Executive Director in his/her day-to-day activities as administrator and ensure annual evaluation of his/her performance 9. Present a unified voice to others 10.Carefully consider and respect the opinions of other Council members 11.Accept my responsibility to prepare and come to council meetings ready to work 12.Take the leadership for initiatives for which I have skills and interest 13.Foster a culture of collegiality 14.Remain cognizant that I serve for and with Council members 15.Be responsible in my communications to and with Council members and others 16.Participate in promoting the Council and educating the general public about the Council and its programs 17.Express and direct compliments, concerns and complaints to the appropriate level in the organization 18.Bring to the attention of the Council any issues I believe will have a significant effect on the organization and/or its members 19.Attempt to communicate the needs of the people with developmental disabilities and their families to the Council 20.Ensure that the Council serves all members rather than geographic or special interest groups 21.Do my best to ensure the Council is well managed, yet do not micromanage it 22.Acknowledge conflicts of interest between my personal life and my position on the Council and abstain from voting or attempting to influence issues in which I have a conflict of interest

23.Remain cognizant that I am representing the Council in all of my actions 24.Continually strive to learn how to do my job on the Council better As a member of the Ohio Council, I shall not: 1. Criticize fellow Council members or their opinions outside of the Council meeting 2. Condone any form of harassment or discrimination 3. Use the organization or my position for my personal advantage or that of my friends, relatives or associates 4. Discuss confidential proceedings of the Council outside of the Council 5. Promise how I will vote on any issue before hearing the discussion and becoming fully informed on the issue 6. Interfere with the duties of the staff or undermine the authority of the Councilâ&#x20AC;&#x2122;s Executive Director 7. Speak for or in behalf of the Council unless specifically authorized to do so I understand it is my duty to uphold this Code of Conduct.

Signature_________________________________ Date_____________________ (One copy to be maintained in Council files for at least a year following term of office.

One copy to be provided to the Council member with each set of meeting briefing materials.)

Council Member Reimbursement As a DD Council (Council) member, you may be eligible to receive reimbursement for travel-related expenses while traveling on Council business. Travelers typically request reimbursement for mileage, meals, lodging, and some miscellaneous expenses. For regularly scheduled Council meetings, arrangements are made with the meeting site to direct bill charges for lodging and some meals to minimize any financial burden while serving on Council.

OAKS:

In order to be reimbursed for travel-related expenses, as mentioned above, you must register with the Ohio Administrative Knowledge System (OAKS) at https://supplier.ohio.gov.

Mileage:

 We reimburse everyone at the State of Ohio, Office of Budget and Management mileage reimbursement rate, which is currently $.45 per mile.  You must complete a Travel Expense Invoice for each meeting that you request reimbursement.  All information on the Travel Expense Invoice must be completed. Your name, FULL address and county must be listed. We need to know what time you left your home, what time you arrived at your destination, what time you left your destination, and what time you arrived home. Also include total mileage for the day. You must also ensure that you have signed and dated the form. Any information not completed on the form will cause a delay in processing your payment!  An agenda of meeting attended is required. The agenda should show not only the content of the meeting but also the location, including the city. For regular bi-monthly Council meetings, staff will provide the agenda.  If the meeting is at a location that charges parking, you must submit a receipt if the cost is $10 or more. No receipt is needed for anything under $10 (parking is not included in the direct bill).

Revised January 2021

 Travel reimbursement requests submitted 60 days past the day of travel will not be processed. You must submit travel forms within 60 days.  All checks/direct deposits for reimbursements are processed through the State of Ohio, Office of Budget and Management.

Council does NOT make direct payments. Please allow 2-4 weeks to receive payments.

Meals:

You must be on overnight status to be eligible for meal reimbursement. The daily allowance for meals and incidental reimbursements are set by location per the U. S. General Services Administration (GSA). The amount of reimbursement is determined by the hours of service per day and is broken down on the Travel Expense Invoice. Council staff will complete the meal reimbursement section on the invoice and will tally the total amount due. Meal receipts are not required.

Lodging:

 Only Council members who meet the justification for an accommodation will be approved for an overnight stay the Wednesday night before Council meetings.  Council members living at least 30 miles away from the meeting site will be approved for an overnight stay on Thursday to attend the remainder of Council meetings on Friday.  When you notify us of your lodging requirements, your name will be included on a direct bill at the hotel.  The direct bill will cover the cost of your lodging and tax but not incidentals such as telephone or movies. You will be asked to pay your own incidentals at the time of checkout.  If you have requested overnight lodging and your plans change, please notify Gilbrina Dillon at least 48 hours before the meeting date. If you do not cancel your room and the hotel determines you are a “no show”, you will personally be responsible for the cost of the room. The State will not pay for no shows.

Miscellaneous Expenses:

Revised January 2021

Some miscellaneous expenses are reimbursable to the traveler (such as parking, childcare, etc.). Please ask a Council staff member if the expense is allowable BEFORE you incur the expense. All miscellaneous expense items $10 or more require a receipt. There is a section on the Travel Expense Form to request reimbursement for miscellaneous expenses.

Personal Care Attendants (PCA’s):

 PCA’s are paid directly.  To receive payment for services, you must register with the Ohio Administrative Knowledge System (OAKS) at https://supplier.ohio.gov.  All PCA’s are paid at the rate of $13.00 per hour for work performed while you are working on behalf of Council. Council is the "payor of last resort" and will only pay if payment for the PCA was not available from another source (e.g. Medicaid Waiver).  We reimburse attendants for mileage and lodging (where applicable) according to the travel policy of the State of Ohio, Office of Budget and Management. PCA’s will not receive a per diem for meals. The cost for meals has been built into the hourly rate of pay. There may be times, however, when a meal may be provided/ offered to a PCA (ex. during meeting times). Should this be the case, the cost will be covered by Council.  Each PCA requesting payment is required to complete a PCA Invoice, along with an agenda. All information on the invoice must be completed. Again, incomplete information will result in a delay of payment.

Childcare services:

 Council members should pay their childcare providers directly and submit for reimbursement via the Travel Expense Form as a miscellaneous expense. A receipt is required.  The member should negotiate the best rate possible based upon individual locale and circumstance.

Match:

 Every Council member who wishes to be reimbursed for their travel expenses must complete and submit a Volunteer Services Match Form UNLESS their wages are paid out of federal funds.

Revised January 2021

Also, if you participate in the stipend program, you are not required to submit a Volunteer Services Match Form.  It is helpful to Council if you also complete a Volunteer Services Match Form anytime you participate in any activities/events representing Council.

Stipend Program:

 Policy #00-11, Financial Compensation of Members is self explanatory with respect to eligibility.  Participants are asked to read the NOTE on the back with regard to potential impact on benefits; it is their responsibility, not Council’s.  Individuals who choose to participate must complete the Hardship Declaration and submit it to the Executive Director for approval. It is not retroactive.  Eligible participants may receive stipend payments for Council/Committee/Business Meetings and/or Grant Review Meetings.  Participants must complete the Travel Expense Form/Stipend for payment. There is a stipend section on the form.  Stipend rate is based on $100 per day for 4 hours or more and $50 for less than 4 hours.

Electronic Deposit:

 You are encouraged to have your travel reimbursement electronically deposited to your bank account. Please sign up to do so on the OAKS Supplier website mentioned above.

If you have any questions, please contact Robin Shipp at (614) 6445544.

Revised January 2021

Member of DD Council Travel Form

To be completed by DD Council Staff

Name: _______________________________________________ Address: _____________________________________________ _____________________________________________ (City)

(State)

(Zip)

County: ______________________________________________ To: Ohio DD Council 899 E. Broad Street, Suite 203 Columbus, Ohio 43205 614-466-5205

Invoice #: _________________ Invoice Date: ______________ OAKS #: _____________

PLEASE PAY DUE NOW P.O. # ____________________ Receipt #: _________________ Date: _____________________ Approved by: ______________ Origin 325

Reimbursement Requested (OAKS Account Code: 512075) MUST BE COMLETED FOR REIMBURSEMENT Meals: Left home at _________am/pm on _________ and returned at _________am/pm on _________. (date) (date) THIS SECTION TO BE COMPLETED BY DD COUNCIL STAFF ONLY Meals while on travel status: _______ day(s) at $61.00 for full day or over 18 hours (12:00am-11:59 pm) _______ day(s) at $15.25 if less than 6 hours _______ day(s) at $30.50 if providing service for more than 6 but less than 12 hours _______ day(s) at $45.75 if providing service for 12-18 hours Total Meals Provided the vehicle to attend DD Council Meeting and drove ____________ miles. Charge is $.45 per mile.

Number of Miles Charged: _____________ Total Miles

$

Lodging (attach hotel invoice)

$

Miscellaneous (attach invoice)

$

Total Due (All charges coded to 512075):

$

$

I certify the expenses claimed in this report are accurate.

_____________________________________ Signed by Council Member

__________________ Date

_____________________________________ DD Council Approval

__________________ Date

Member of DD Council Travel Form - Stipend

To be completed by DD Council Staff

Name: _______________________________________________ Address: _____________________________________________ _____________________________________________ (City)

(State)

(Zip)

County: ______________________________________________ To: Ohio DD Council 899 E. Broad Street, Suite 203 Columbus, Ohio 43205 614-466-5205

Invoice #: _________________ Invoice Date: ______________ OAKS #: _____________

PLEASE PAY DUE NOW P.O. # ____________________ Receipt #: _________________ Date: _____________________ Approved by: ______________ Origin 325

Reimbursement Requested MUST BE COMLETED FOR REIMBURSEMENT Meals: Left home at _________am/pm on _________ and returned at _________am/pm on _________. (date) (date) THIS SECTION TO BE COMPLETED BY DD COUNCIL STAFF ONLY Meals while on travel status: _______ day(s) at $61.00 for full day or over 18 hours (12:00am-11:59 pm) _______ day(s) at $15.25 if less than 6 hours _______ day(s) at $30.50 if providing service for more than 6 but less than 12 hours _______ day(s) at $45.75 if providing service for 12-18 hours Total Meals (OAKS Account Code 523053) Provided the vehicle to attend DD Council Meeting and drove ____________ miles. Charge is $.45 per mile.

Number of Miles Charged: _____________ Total Miles (OAKS Account Code 523050) Lodging (attach hotel invoice) (OAKS Account Code 523056) Miscellaneous (attach invoice) (OAKS Account Code 523059) Stipend: (same dates and times as listed in the Meals section unless otherwise noted below).

Stipend rate is based on $100 per day for 4 hours or more and $50 for less than 4 hours.

Number of Days Claimed: _____________ Total Stipend (OAKS Account Code 512072)

$

Total Due

$

$ $ $

$

I certify the expenses claimed in this report are accurate. _____________________________________ Signed by Council Member

__________________ Date

_____________________________________ DD Council Approval

__________________ Date

HARDSHIP DECLARATION I hereby declare that I am seeking the stipend available from the Ohio Developmental Disabilities Council because it would otherwise be a hardship for me to serve as a Council Member. I am eligible for the following reason(s): □ I am unemployed. □ I am employed at a sub-minimum wage rate. □ I must forfeit wages from other employment in order to attend Council meetings and perform Council duties.

I offer the following explanation to demonstrate that it would be a hardship to serve on Council without receiving the stipend: __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ I recognize that receipt of a stipend may affect my eligibility for public assistance benefits and that it is my responsibility to take care of any issues arising from such eligibility. I understand that stipend money will be taxable as ordinary income. _______________________________________________

___________________

_______________________________________________

___________________

Name

Carolyn Knight, Executive Director

Revised 12-07-2016

Date

Date

OHIO DEVELOPMENTAL DISABILITIES COUNCIL State and Local Effort Supporting DD Program in Ohio VOLUNTEER SERVICE REPORT REPORTING PERIOD _____________

Instructions: 1. This report should be completed by persons who donate services to the DD program.

2. Time should be logged by persons whose salaries are neither federally funded nor used to match any other federal program.

AGENCY AFFILIATION (if applicable): _______________________ SERVICE GENERAL COUNCIL MEETING

# OF HOURS ___________

DATE ______

ODDC COMMITTEE MEETING(S)

___________

______

Conferences, Seminars, Workshops, Grant Reviews or other Meetings related to ODDC activities

___________

______

Preparation time for such activities (including review of literature And study time). ___________

______

Preparation time for general Council and Committee meetings. ___________

______

Travel time to and from Council related events.

___________

______

Total hours of volunteer service.

___________

______

NAME: __________________________ ADDRESS: _______________________ _______________________ TELEPHONE: ( )__________________

Valuation of Volunteer Services Are the services you donate to the DD program in your normal line of work or related to developmental Disabilities or specific Council priorities or activities?

Yes ______ No _______ If yes, please enter your hourly rate of pay exclusive of fringe benefits: $___________ If no, the service will be valued at the hourly rate of pay of a Commission Member 1, plus 23.14% fringe benefits or $31.85 per hour.

For Office use only Total Hours of Volunteer Service: ________________ Volunteer Service Hour Value: ________________ Total Volunteer Service Value: ________________ Approved:______________ Date: ____________

Signature: ____________________________ Date: _____________ Thank you for your effort and support of the DD program in Ohio.

Please return this form to: Ohio DD Council 899 E. Broad Street, Suite 203 Columbus, Ohio 43205

**Reimbursement Requests cannot be processed unless this report is submitted.

Ohio Developmental Disabilities Council -BYLAWS-

Page

ARTICLES

2

I.

Name and Mission

3

II.

Membership

6

III.

Council Officers Section 1 – Chairman Section 2 – Vice-chairman Section 3 – Secretary Section 4 – Vacancies

9

IV

Meetings

10

V

Committees Section 1 – Issue Committees Section 2 – Executive Committee Section 3 – Personnel Committee Section 4 – Nominating Committee Section 5 – Subcommittees

15

VI

Parliamentary Procedures

16

VII

Ethics, Professionalism and Conflict of Interest

18

VIII

Operating Policies

19

IX

Amendments

1

Article I - Name and Mission Section 1 The name of this organization is the Ohio Developmental Disabilities Council.

Section 2 The Council is established by the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), Public Law 106-402, and by Section 5123.35 of the Ohio Revised Code. The Council shall fulfill the responsibilities delineated in the DD Act, as amended.

Section 3 It is the mission of the Ohio Developmental Disabilities Council to create change that improves independence, productivity and inclusion for people with developmental disabilities and their families in community life.

2

Article II - Membership Section 1 A) All members of the Council shall be appointed in accordance with the DD Act, including representatives of local and non-governmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities.

B) In accordance with the DD Act, at least 60% of the Council shall be people with developmental disabilities or their families. To qualify as a family member, the person must have a member currently residing in and receiving services in Ohio. In the event of a death of the family member that makes the member of Council eligible to serve, that member may finish the remainder of his or her current term.

C) At least one person representing a non-profit group concerned with services for individuals with developmental disabilities shall be appointed. In the event that the individual serving in this slot leaves the position from which he or she was appointed to Council, this individual’s term on Council is immediately terminated.

D) At least one person representing a for-profit local and non-governmental agency.

E) No member of the Council shall have the right to appoint an alternate to Council membership except directors of state agencies or other organizations identified in Section 2 of this Article. If a member asks someone to attend a Council meeting in his or her place, the member's voting rights do not transfer.

Section 2 A. State agency representatives shall include: 1) The director of the Department of Medicaid (Title XIX of the Social Security Act), or the director's designee; 2) The director of the Department of Health (Title V of the Social Security Act), or the director’s designee; 3) The director of the Opportunities for Ohioans with Disabilities Agency (Rehabilitation Act of 1973), or the director’s designee; 4) The superintendent of public instruction (IDEA), or the superintendent’s designee; 5) The director of the Department of Aging (Older American's Act), or the director's designee; 6) The director of the Department of Mental Health and Addiction Services, or the director's designee; 7) The director of the Department of Developmental Disabilities, or the director's designee; and B. The directors, or their designees, of UCEDD's.

C. The director of Disability Rights Ohio, or the director’s designee.

3

D. If any director or administrator chooses to send a designee, that designee shall be a person who can influence department policy, procedures, and programs affecting people with developmental disabilities. A designee must be an employee or voting board member of the organization.

Section 3 Length of Service A. Each member listed in Section 2 shall continue as a representative so long as he or she holds the position which made him or her eligible for appointment, continues to be the designee, and meets the requirements of attendance and participation. The executive director of the Council shall notify the director of any agency listed in Section 2 whose designee fails to meet the minimum attendance required by statute.

B. All members except those listed in Section 2 shall have appointments for terms of three (3) years, commencing in January.

C. A member who has served two full three (3) year terms may not be reappointed for a subsequent term until a period of three years has elapsed since the memberâ&#x20AC;&#x2122;s term has ended. A member who has served for less than one-half of a three (3) year term in either of the two terms shall not have that term counted as a full three-year term.

D. In accordance with the DD Act, a member may continue to serve on the Council until a replacement has been named, even if their term has ended.

Section 4 Vacancy In the event of a member vacancy, Council shall submit two nominees to the Governor for appointment in accordance with membership requirements.

Section 5 Special Advisors Committees may recommend the appointment of nonvoting Special Advisors to serve on a Committee or to provide support for a Council grant or project.

Selection of a Special Advisor shall be limited to individuals who have not been a voting member of Council for the preceding 12 months.

4

Nomination of a Special Advisor may be made only after the Committee has identified a specific need for the Special Advisor.

The term of a Special Advisor shall be one year. Special Advisors are eligible to be reappointed for additional one-year terms, with the maximum number of terms not to exceed five (5) years.

5

Article III â&#x20AC;&#x201C; Council Officers Section 1 Chairperson A. Duties: 1) To set agenda and preside at Council business meeting; 2) May appoint members to all committees and subcommittees, subject to approval of Council; 3) To serve as an ex-officio member of all committees, except Membership; 4) To set agenda and preside at Executive Committee meetings; 5) To serve as chairperson of Personnel Committee; and 6) To appoint committee and subcommittee chairpersons and vicechairpersons.

B. Qualifications Candidates should meet all the qualifications for members of Council, and in addition: 1) Have been a member of Council for at least one year; 2) Have a working knowledge of Ohio and federal laws relevant to individuals with developmental disabilities; 3) Have a working knowledge of the state and federal service delivery systems for people with developmental disabilities; 4) Have experience leading meetings and knowledge of the role of chairman of a group; and 5) Have a working knowledge of parliamentary procedure.

C. Term of office The Chairperson shall serve a two (2) year term commencing on January 1, unless otherwise designated by the Governor.

D. Selection/appointment: Six (6) months prior to the expiration of a Chairpersonâ&#x20AC;&#x2122;s term, as designated by the Governor, the Membership Committee shall solicit recommendations for Chairperson and determine whether individuals interested in serving as Chairperson meet the requirements of paragraph (B) of this section. The Council shall select a slate of two recommendations and submit them to the Governor for appointment of Chairperson. The Director of the Department of Developmental Disabilities shall be informed of the names submitted to the Governor.

6

Section 2 Vice-chairperson A. Duties 1) To preside at meetings in the absence of the Chairperson; 2) To handle other duties of the Chairperson in the event the Chairperson is unable to perform them; 3) To serve on the Personnel Committee; 4) To serve on the Executive Committee; and 5) To serve on at least two Issue Committees.

B. Qualifications The Vice-chairperson shall meet the same qualifications as the Chairperson.

C. Term of office The term of office shall be limited to three (3) consecutive one-year terms.

D. Selection The Membership Committee shall annually present no fewer than two candidates to Council for a vote.

Section 3 Secretary A.

Duties 1) To serve on the Executive Committee; 2) To serve on the Personnel Committee; 3) To be responsible for certifying the minutes of Council meetings; 4) To serve on at least two Issue Committees,

B.

Qualifications 1) The candidate shall have been a member of Council for at least one year.

C.

Term of office The term of office shall be limited to three (3) consecutive one-year terms.

D.

Selection The Membership Committee shall annually present two candidates to Council for a vote.

7

Section 4 Vacancies A. Vice-chairperson and Secretary If a vacancy occurs, the Chairperson will appoint a replacement for the remainder of the term.

8

Article IV - Meetings Section 1 A. Council shall meet at least once per quarter.

B. Special meetings may be called by the Chairperson or by the Executive Committee. Special meetings shall also be called upon the written request of one third (1/3) of the members of Council. The purpose of the meeting shall be stated in the call. Except in cases of emergency, at least seven (7) days notice shall be given. Notice may be given by e-mail or telephone.

Section 2 A. All members shall be expected to attend all meetings of Council. All members shall notify the Chairperson and the Executive Director if they are/were unable to attend.

B. After three (3) absences within a calendar year, the Chairperson shall notify the member of the intent to notify the appointing authority to request a replacement unless the member can show cause. The Executive Committee of Council shall determine whether absences are excused.

C. In accordance with Section 3.17 of the Ohio Revised Code, any member of Council who fails to attend at least three-fifths of the regular and special meetings of Council during a two-year period forfeits the memberâ&#x20AC;&#x2122;s position on Council.

9

Article V - Committees Section 1 Issue Committees A. Establishment: Issue committees shall be established and dissolved by a two-thirds (2/3s) vote of Council members present.

B. Membership: Each Council member shall be required to participate on at least two (2) Issue committees. The member shall inform the committee chairperson in writing of his/her intent to serve on the committee and shall then have voting rights. .

C. Committee Chairperson: 1) Selection The Council Chairperson shall annually appoint members to serve as Chairpersons. No member shall be Chairperson of more than one issue committee at a time.

2) Qualifications Chairpersons must have: a) Working knowledge of the issue area(s) being addressed by the committee; and b) Experience leading meetings.

3) Term of office The term of office shall last until a new chairperson is appointed. The term of office shall be limited to three (3) one-year terms.

4) Responsibilities a) Preside at meetings and coordinate meeting dates with Council and staff; b) Work with staff to formulate agendas; c) Facilitate discussion to include all committee members; and d) Provide leadership to the committee in setting priorities.

D. Responsibilities of the Issue committees 1) Set priorities and advocate for people with developmental disabilities in the committee's area of concern; 2) Make recommendations for systems change, funding, legislation, public awareness, position statements, and public policy to carry out these priorities; and

10

3) Inform Council of the committee's activities and make recommendations.

Section 2 Executive Committee A. Membership 1) Officers of Council; 2) Chairpersons of Issue committees, or Vice-Chairpersons of Issue committees; and 3) Immediate past chairperson who shall serve for one (1) year, provided he or she remains a member of Council.

B. Duties 1) The committee functions on behalf of the Council between regular meetings to make decisions on matters that cannot wait until a full Council meeting. The full Council can accept, reject, or alter any decisions at its next regular meeting.

2) The committee shall be responsible for developing an allocation plan consistent with the requirements of the DD Act. Section 3 Personnel Committee A. Membership This committee shall have three (3) members and be composed of the Chairperson, Vice-chairperson, and Secretary.

B. Duties 1) To conduct the annual performance appraisal of the Executive Director; 2) To advise the Executive Director and the Council regarding changes in staffing that materially impact the budget of Council (e.g. job consolidations, additions to staff, changes in job categories, position deletions); 3) The Committee shall establish a process to select an Executive Director when a vacancy exists.

4) Full Council shall vote to approve the recommendation of the Committee prior to submitting the name to the Director of the Department of Developmental Disabilities for appointment pursuant to state law; and 5) The Personnel Committee shall function as otherwise needed.

Section 4 Membership Committee A. Membership

11

1) This committee shall consist of at least seven (7) members of Council and is appointed by the Council Chairperson in the fall for a one-year term.

The term of the office for the Chairperson shall be no more than three (3) one-year terms; and 2) Members of the Membership Committee should reflect the diversity of Council; and 3) The Chairperson of the Outreach Committee shall serve on the Membership Committee; and 4) The Chairperson of the Leadership Development Committee shall serve on the Membership Committee; and 5) The Chairperson of the Membership Committee shall be appointed by the Council Chairperson.

B. Duties 1) To review the criteria for membership on Council and for reappointment of members eligible for a second term; 2) To announce the vacancies on Council and solicit applications; 3) To review the applications for Council membership; 4) To select at least two (2) candidates for each membership category open that year from persons who filed an application and meet the criteria for membership on Council; a) The committee shall recommend applicants who meet the requirements of the DD Act that states the membership of the Council shall be geographically representative of the State and reflect the diversity of the State with respect to race and ethnicity; b)The committee shall recommend applicants who do not have prior service on Council in the following numbers: In years where two or three vacancies exist, the Membership Committee shall recommend no fewer than one vacancy be filled by a member with no prior service on Council; In years where four or five vacancies exist, the Membership Committee shall recommend no fewer than two vacancies be filled by a member with no prior service on Council; In years where six or seven vacancies exist, the Membership Committee shall recommend no fewer than three vacancies be filled by a member with no prior service on Council; In years where eight or more vacancies exist, the Membership Committee shall recommend no fewer than four vacancies be filled by a member with no prior service on Council.

12

c) Notwithstanding paragraph b) of this section, the committee may recommend applicants who have prior service on Council only if there are insufficient applications received from applicants who have no prior service on Council and the committee has proactively sought applications from applicants with no prior service on Council.

5) a) To recommend to Council no fewer than two candidates each for Vice Chairman and Secretary of Council; b) are required to resign as members of the Membership Committee at the time his or her name is placed in consideration of recommendation to the Governor for services as Council Chair; 6) To proactively educate Council and staff members of the procedures it follows when nominating individuals to Council; 7) Is required when considering current and future leadership requirements of Council to: a) ensure an adequate pool of prospective leaders: b) seek both members with appropriate prior experience in committee and Board leadership and people with developmental disabilities and families without such prior experience whose nomination includes a commitment to obtain committee leadership training, 8) The Membership Committee shall meet regularly.

C. Eligibility for Member Nominations 1) All candidates for Council membership should: a) meet the criteria in the DD Act; b) have experience serving on committees or boards of agencies/organizations concerned with people with developmental disabilities, or be people with developmental disabilities or family members without such prior experience whose nomination includes a commitment to obtain committee leadership training; c) have firsthand knowledge/experience of developmental disabilities; d) have time to attend Council meetings; and e) have time to work on at least two issue committees.

2) For reappointment of members for second term, criteria for review should include, but not be limited to: a) work on Council committees and other activities of Council; b) growth in knowledge and understanding of Council's mission; issues and undertakings of Council; and c) positive contribution to discussion and decision-making at Council meetings; and d) regular attendance on at least two issues committees, Council meetings and grant review panels.

13

Section 5 Subcommittees.

A. Council or committees may create subcommittees.

B. The chairperson of Council or the chairperson of the committee that has created a subcommittee shall appoint the chairperson of the subcommittee; and may 1) appoint all members and the chairperson; or 2) accept volunteers for membership from the group that created the subcommittee.

C. The chairperson of Council or the chairperson of the committee that has created a subcommittee may appoint persons who are not members of Council to a subcommittee.

D. Council or a committee may dissolve any subcommittee that it has created. A subcommittee will dissolve automatically when its business has been completed.

14

Article VI Parliamentary Procedures Section 1 The Council, its committees, subcommittees, and grant review panel meetings shall be conducted in accordance with rules in the most current edition of Robert’s Rules of Order Newly Revised when they do not conflict with these Bylaws.

Section 2 A. Each Council or committee member shall have one (1) vote.

B. A quorum shall consist of a majority of members of Council and/or the committee. A quorum shall be necessary to conduct business.

C. Unless otherwise specified in these Bylaws, all decisions shall be made by a simple majority of members present.

Section 3 A) All meetings of Council, any of its committees, subcommittees, or ad hoc committees shall be subject to the provisions of the O.R.C. 121.22, commonly known as Ohio’s open meeting or “Sunshine Law”.

B) Paragraph A is subject to any temporary or permanent law changes that allow operation in a manner that is not consistent with Section 121.22 of the Ohio Revised Code.

15

Article VII â&#x20AC;&#x201C; Ethics, Professionalism and Conflict of Interest Section 1 Ethics Council members and employees must, at all times, abide by protections to the public embodied in Ohio ethics laws, as found in O.R.C. Chapters 102 and 2921, and as interpreted by the Ohio Ethics Commission and Ohio Courts. A copy of these laws are provided by the Council, and receipt acknowledged as required in O.R.C. Section 102.09(D), as part of the orientation process for new members.

Section 2 Professionalism No Council member or staff shall seek special privileges or criticize other Council members or staff publicly. Individual members shall not presume to speak for the entire Council on matters of Council business unless authorized to do so by full Council. No Council member shall take action upon a complaint by or against a staff person that is not first submitted to the Executive Director.

Section 3 Removal and Sanction of Council Members Council, as the result of an affirmative vote of sixty percent (60%) of its members, may petition the Governor to remove a Council member or may sanction a Council member for any of the following reasons: A. Dereliction of duty which includes, but is not limited to, absences at more than three (3) meetings during a calendar year; B. Conduct harmful to or opposed to the best interests of the Ohio Developmental Disabilities Council; C. Abuse of grantees, Council staff or other Council members; D. Repeated violations of Council By-laws or policies; or E. A Council member becomes ineligible to continue to serve as a member.

Prior to a vote for removal or sanction, the Council member to be removed or sanctioned shall be presented with a notice in writing which states the grounds of the intended removal or sanction, and such Council member shall have the opportunity to present a case to full Council. A Council member upon whose removal or sanction the Council is voting shall not be entitled to vote upon such removal or sanction, but the membership of the member on Council shall be considered for the purpose of determining the majority of Council.

16

Section 4 Conflict of Interest No member of Council or member of a grant review panel will cast a vote on any matter that would provide direct financial benefit to the member, the memberâ&#x20AC;&#x2122;s immediate family, the memberâ&#x20AC;&#x2122;s or family memberâ&#x20AC;&#x2122;s employer, or an organization to which the member belongs.

No member of Council or member of a grant review panel shall act in a manner that gives the appearance of a conflict of interest.

The Council may award grants to or enter into contracts with a member of the Council or an entity that the member represents if all of the following apply: A. The member is a representative of one of the state agencies listed in Article II, Section B, or the member is a representative of a University Center; B. The Council determines that the member or the entity he represents is capable of providing the goods or services specified under the terms of the grant or contract and; C. The member has not taken part in any discussion or vote of the Council related to awarding the grant or entering into the contract, including service as a member of a grant review panel.

A Council member is not in violation of O.R.C. Chapter 102 or Section 29.21.42 with regard to receiving a grant or entering into a contract if the requirements of this section have been met.

17

Article VIII - Operating Policies Operating Policies of Council shall be considered an official Appendix to the Bylaws.

The Operating Policies can be revised following thirty (30)-day notice of proposed revision(s) and majority vote of Council members.

18

Article IX -Amendments These Bylaws can be amended at any meeting of Council by two-thirds (2/3) vote of Council members present, provided notice of the amendment(s) of Bylaws has been sent to all members of Council thirty (30) days prior to that meeting.

These Bylaws, in part or in whole, may be temporarily suspended by an affirmative vote of three-quarters (3/4) vote of the Council.

Jo Spargo, Chairman Ohio Developmental Disabilities Council Dara Walburn, Secretary Ohio Developmental Disabilities Council

Adopted: July 12, 2019

19

Ohio Developmental Disabilities Council Policies and Procedures Manual Contents Page 2

#00-1 The Administrative Means by Which Grants and Allocations are Initially Funded

7

#00-2 Composition of Grant Review Panels

10

#00-3a Criteria for Selection of Competitive Grants

11

#00-3b Conditional Awards

13

#00-4a Grant Appeals Process for Applicants for Competitive Grants

16

#00-4b Grant Appeals Process for Continuation Grants

18

#00-5

20

#00-7a Grantee Compliance: Reporting Requirements

23

#00-7b Grantee Compliance: Program Compliance

25

#00-8

Ethics

26

#00-9

Special Advisor Selection, Role and Reimbursement

28

#00-10 Executive Committee Discretionary Fund

30

#00-11 Financial Compensation of Members

Duration of Projects

32

#00-12 Correspondence to Policymakers or Responses to Alerts by Staff/Grantees

34

#00-13 Conference Attendance and Travel for Council Members and Staff

37

#00-14 Number of Projects Held By a Single Grantee

38

#00-15 Shared Management

39

#00-16 Council Member Participation in Grants

41

#00-17 Dual Leadership

43

#00-18 Revolving Door

44

#00-19 Attendance at Council Business Meetings, Issue Committees and Subcommittees

46

#00-20 Grantee Eligibility for No-Cost Extension

48

#00-21

Inclusion of Individuals with Developmental Disabilities

50

#00-22

Grant Reviewer Requirements

52

#00-23

Use of Carryover Funds

53

#00-24

Council Member Responsibilities

55

#00-25

Members Representing Council on Other Boards, Councils and/or Organizations

57

#00-26

Remote Attendance Pilot Program

2

Approved: February 2, 2002 Date of Last Revision: December 14, 2012

#00-1 The Administrative Means by Which Grants and Allocations are Initially Funded PURPOSE To insure that the administrative process by which grants and allocations are initially funded are consistent with the authorizing federal legislation, Public Law 106-402 and successors, and the U.S. Code of Federal Regulations #45, Part 74 and 92.

POLICY Council follows an orderly process for soliciting, reviewing and initially awarding proposals for Basic State Grant Funds consistent with pertinent law, regulations and the Ohio State Plan for Developmental Disabilities.

Basic State Grant Funds awarded by Council are initially awarded through one of the two methods permitted by the U.S. Code of Federal Regulations.

The two methods are: a. Competitive Selection b. Non-Competitive Allocation

PROCEDURES A. Competitive Selection The procedure employed to initially award funds is as follows: Procedure 1.

Notices of Funds Available (NOFA) will be posted on the Council web site, and disseminated electronically and by mail. When possible, the notice will be shared on public access television or on the radio.

Procedure 2.

Each NOFA will encourage all parties notified to repeat the announcement in newsletters and periodicals. The NOFA will be distributed to potentially interested groups.

3

Each NOFA will include: a) A brief description of the grant for which funds are available and proposals are being requested. b) The amount of federal funds to be awarded and non-federal matching funds required. c) Instructions to obtain application materials. d) Proposal submission deadline. e) Information regarding the date, site and purpose of Bidders’ Conference, if one is to be held. If applicable, see Procedure 4.

Procedure 3.

Application Requirements 1. Council staff shall develop a “Proposal Kit” for each Request for Proposal. Proposal Kits shall be available upon request and will be made available at the Council’s web site.

2. The Proposal Kit will include at a minimum: a) Goals describing the purpose for the grant program; b) Eligibility requirements; c) Description of the project activities and outcomes; d) Application instructions; e) Application requirements and restrictions; and f) Selection criteria and the process to evaluate grant proposals and select proposals for awards.

3. The applicant shall use the format included in the Proposal Kit. A proposal that is not submitted in a format that is substantially different from the Council’s format will not be considered.

4. Proposals received after the closing date will not be considered, unless an exception is approved. The executive director is authorized to approve requests for exceptions for good cause received prior to the closing date.

Exceptions requested after the closing date may be approved only by the Executive Committee. Any exceptions shall be documented in writing and retained as part of the grant application file.

5. Projects seeking continuation funding may have separate application forms, instructions and procedures as determined by Council staff.

4

Procedure 4.

A Biddersâ&#x20AC;&#x2122; Conference is held on an annual basis unless the number of new grants is judged too few to justify the Conference. When convened, however, the Biddersâ&#x20AC;&#x2122; Conference agenda includes: a) A general introduction to the Ohio Developmental Disabilities Program by staff and, if possible, Council members followed by discussion with conference attendees. b) A section-by-section examination of the grant application by staff of Committee of origin, Planner, and Grants Administrator followed by questions and answers. c) Small group discussions between prospective applicants and Council staff about each new grant being offered and members regarding Council's intent and purpose in authorizing the grant and its expectations of the grantee.

Procedure 5.

Within sixty days following the deadline for the submission of proposals, the grants review panel will meet to select the best proposal(s). (See Policy #002 on the Composition of Grant Review Panels.)

Procedure 6.

There will be a Grant Appeals process. (See policy on Grant Appeals Process.)

Procedure 7.

During grant reviews in which there is clearly no proposal of satisfactory quality, panels have the option not to fund any proposal. If the Panel finds there are so many conditions to be fulfilled that the proposal would have to be rewritten, then the decision regarding whether or not to fund any proposal or re-bid will be referred to the full Committee of origin.

B. Non-Competitive Allocation According to federal rule, this funding strategy can be used only when the use of the competitive process is not feasible for one of the following reasons: a) There is only one solely qualified entity that can carry out the project, 5

b) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, or c) After solicitation of a number of sources, competition is deemed inadequate.

Designated recipients of funds through non-competitive allocations must complete an application. Upon determination by Council that a project will be awarded under subparagraphs a) or b) of this section, the need for a grant review as determined by Policy #00-2 is left to the discretion of the executive director. Upon determination by Council that a project will be awarded under subparagraph c) of this section, the application is required to undergo a grant review as determined by Policy #00-2.

The following procedures must be followed: Procedure 1.

Committees, in the planning process, decide that the funding strategy should be a non-competitive allocation. The idea is explored with the recipient to carry out the activity.

Procedure 2.

The recipient of the allocation is informed in writing of Council's intention to fund a non-competitive allocation to the agency. Application instructions are included.

Procedure 3.

If required by the policy or determined necessary by the executive director, a Grant Review Panel meets to consider the proposal and decide whether or not to approve the proposal.

6

Approved: February 2, 2002 Date of Last Revision: December 14, 2012

#00-2

Composition of Grant Review Panels

PURPOSE To insure that proposals for grants and allocations being awarded by ODDC under the DD Basic Grant Program are reviewed by a panel composed of members and/or others who understand Council's intentions for the project, have peer reviewers/expertise in the area under discussion, or offer outside perspectives.

POLICY For competitive grants and continuation grants for which there is a significant question of performance as determined by the staff and committee of origin, Council will conduct a grant review.

Members of Council who are not members of the originating committee may participate on a grant review panel.

Applicants for funds being awarded by Council shall be reviewed by a Grant Review Panel of five (5) members. Panels for competitive grants shall be comprised of two (2) Council members and three (3) outside peer reviewers.

Non-competitive allocations that require a review shall be reviewed by at least three (3) member panels, comprised of two (2) Council members and one (1) outside peer reviewer.

PROCEDURE Continuation Funding 1. Projects may be eligible for continuation funding as specified in the original request for proposals. Continuation funding will not be automatic.

Consideration for continuation funding will include a review of the projectâ&#x20AC;&#x2122;s accomplishments, progress toward stated goals and objectives, financial management of grant funds, compliance with reporting requirements, review of the most recent project audit, review of findings from onsite reviews and 7

development of alternative funding. The grantee shall submit a proposal for continuation funding as requested by Council staff.

2. The Executive Committee may approve continuation grants after a review in accordance with the provisions of these policies. A summary of past accomplishments and future activities of each project awarded continuation funding shall be provided to the Council.

3. In the event the Executive Committee decides not to approve a continuation proposal, the grantee may appeal the determination of the Executive Committee. The appeal process is outlined in Policy #00-4b.

Competitive Reviews A. Screening of Proposals: 1.

Council staff will screen applications to determine if all information has been provided in a timely fashion, in the prescribed manner.

2.

An application must be complete for consideration.

3.

Council staff will provide written notification to applicants eliminated through the screening process.

B. Grant Review Process: 1.

The Council shall use Council members as well as peer reviewers to evaluate proposals submitted in competitive requests for proposals.

2.

The executive director shall submit recommendations for review panel members to the Executive Committee for approval. Council members and staff will be asked for suggestions of professionals and public citizens to evaluate proposals. Reviewers may not evaluate proposals in which there is, or is an appearance of, a conflict of interest.

8

3.

Should any designated panel member(s) be unable to attend, Council staff, preferably from the committee of origin, may serve as a panel member.

4.

Panel meetings about competitive grants and continuation grants shall comply with Ohioâ&#x20AC;&#x2122;s open meetings laws. The chairperson of the originating committee and of Council may not serve on competitive grant review panels.

5.

Council staff shall provide written instructions and training for all review panel members.

6.

Meetings of the Review Panel will be chaired by an appropriate senior staff member experienced in grant reviews and preferably to the committee of origin.

7.

Council staff shall convene a meeting with each review panel and shall record the summary evaluation of the review of each proposal.

8.

Review panel members will be provided reimbursement for expenses and overnight accommodations when necessary to complete the task, as well as a stipend for outside peer reviewers.

9

Approved: February 2, 2002 Revised: September 16, 2011

#00-3a Criteria for Selection of Competitive Grants PURPOSE To insure that proposals for grants submitted to the ODDC are reviewed against criteria which reflect: (a) the purpose of the Federal DD Basic Grant Program, (b) the mission, philosophy and values of the ODDC and (c) the Council's desire for the proposals to fully and accurately address the State Plan for DD and the proposal instructions.

POLICY Grants awarded by ODDC shall be reviewed on the basis of criteria which reflect those areas outlined above. Applicants will be informed of the review criteria, through inclusion in the application materials. All application materials will have been approved by the Grants Administrator.

PROCEDURE These criteria will be incorporated into score sheets used by review panel members (refer to policy 00-22).

At the meeting, the panel chairperson totals the points that panel members assigned to each proposal.

The panel also holds considerable discussion on the strengths and weaknesses of each proposal under consideration.

All completed score sheets will be signed, and returned to the Council staff at the close of the review.

10

Approved: September 16, 2011

#00-3b Conditional Awards PURPOSE To ensure that grants that are awarded on a conditional basis follow appropriate steps to receive a final award.

POLICY Grants that receive approval contingent upon satisfactory response to conditions will be required to revise their grant application. Members of the review panel will be responsible for ensuring the response to conditions is satisfactory.

PROCEDURE Once the review panel has determined that conditions must be satisfied in order for the grant application to receive final approval, the grant review chairperson will be responsible for notifying the applicant in writing of the conditions. A deadline may be set by the grant review chairperson, however, if one is not set, final approval will not be provided until all conditions have been satisfied.

Any response received by the grant applicant shall be forwarded to each member of the grant review panel via e-mail or U.S. Postal Service. Grant review panel members will be given a deadline to raise an objection to the response to conditions. If the deadline passes without an objection to the response to conditions, the grant will be processed for final approval.

If a member of the grant review panel is not satisfied with the response to conditions, the member must notify the grant review panel chairperson and indicate they object to approval. The grant review panel member must declare the reason for their objection. Objections that do not relate to the stated conditions or response to conditions will not be considered a valid objection.

11

When a grant review panel member has a valid objection to a response to conditions, the grant review panel chairperson shall schedule a hearing for all voting panel members to consider the response to conditions. All hearings must comply with Ohioâ&#x20AC;&#x2122;s Open Meetings Laws.

12

Approved: February 2, 2002 Revised: September 16, 2011

#00-4a Grant Appeals Process for Applicants for Competitive Grants PURPOSE To provide a mechanism whereby applicants for federal funds can file an appeal should they believe there has been fraud, conflict of interest, or substantive violation of policy or procedure.

POLICY A grant appeals process for applicants for federal funds awarded by Council will be implemented. There will be a three (3) member appeal panel consisting of the Council chair, committee chair, and Council executive director. Alternates for the above must be an Executive Committee member for Council chair, committee member for committee chair and staff person for executive director. In no event shall a member of the grant review panel sit on the appeal panel. All reviewers will have signed an ethics statement.

There will be written statements/ letters of appeal by the appellant and by the chair of the grant review panel with input from the panel.

During the period of the appeal, there will be no discussion or comment on the appeal by Council members, staff, or appellant.

GROUNDS FOR APPEAL The grounds for an appeal will be that during the grant review process the party who is appealing (the appellant) believes there has been fraud, conflict of interest, or substantive violation of policy or procedure.

PROCEDURES 1. Within five (5) business days each applicant will be informed by phone, and mail or e-mail of the grant review panel's decision. Each applicant will also receive a copy of the grant appeal policy.

13

2. If an applicant wishes to consider an appeal, they should notify the grants administrator, in writing. The notification must be received at the Ohio DD Council, 899 E. Broad Street, Columbus, Ohio 43205, not later than ten (10) business days after the date of the review.

3. When a notification to consider an appeal is received, the grant administrator will forward the following to the appellant by certified mail within three (3) business days: a. Evaluation forms showing calculations of preliminary and final scores by each panel member b. A copy of the selected proposal. c. Copies of the signed ethic statements of the reviewers and the appropriate review format. d. Copy of Council policy regarding the composition of grant review panels summarizing the meeting and the procedure followed.

4. In order to be considered by the three-member appeal panel, a written statement/letter of appeal identifying the grounds for the appeal, with supporting documentation must be submitted within ten (10) business days after the receipt of the items in #3 above.

5. Notification of appeal filed will be sent to the following: a. The director of the Ohio Department of DD (Council's designated state agency), b. The applicant originally selected to receive grant funding, c) The appeal panel 6. In the event that the chairperson of the Council or the chairperson of the Council committee under which the proposal was requested was a member of the grant review panel, the Executive Committee of the Council will select another Council member or members to serve on the appeal panel.

7. The grants administrator provides items in #3 above to the appeal panel members along with the review summary and appellant statement.

8. The three-member panel will meet within fifteen (15) calendar days after their receipt of the appellant's written statement/letter of appeal.

14

9. If an appeal is affirmed by the panel, all submitted proposals will be reviewed by a newly formed five- (5) member grant review panel. Once the new panel has made a decision, procedure #1 will be followed and any subsequent procedures as applicable.

10. All applicants will be informed by certified mail of the appeal panel's decision, and a copy will be provided to the director of the Ohio Department of Developmental Disabilities.

15

Approved: February 2, 2002 Revised: September 16, 2011

00-4b Grant Appeals Process for Continuation Grants PURPOSE To provide a mechanism whereby continuation applicants of federal funds can file an appeal should they believe there has been fraud, conflict of interest, or substantive violation of policy or procedure of the grants award process.

POLICY A policy grant appeals process for applicants for continuation funds awarded

by Council will be implemented. Review and determination on the appeal will be made by the members of Council who are not members of the Executive Committee. Any member of Council who served on the Executive Committee at the time of the Continuation Review is not eligible to make a review or determination on the appeal.

All reviewers will have signed an Ethics Statement. There will be written statements/letters of appeal by the appellant and by the Chair of the Executive Committee with input from the Executive Committee members.

During the period of the appeal, there will be no comment or discussion on the appeal by Council members, staff, or appellant.

GROUNDS FOR APPEAL The grounds for an appeal are the appellant believes that there has been fraud, conflict of interest, or substantive violation of policy or procedure.

PROCEDURES 1.

Within five (5) business days the applicant will be informed by phone, and mail or e-mail of the Executive Committeeâ&#x20AC;&#x2122;s decision. The applicant will also receive a copy of the grant appeal policy.

2.

If the applicant wishes to consider an appeal, they should notify, in writing, the Grants Administrator, Ohio DD Council, 899 E. Broad 16

Street, Columbus, Ohio 43205, no later than ten (10) business days from the date of the review.

3.

When a notification to consider an appeal is received, the Grant Administrator will forward the following to the appellant by certified mail within three (3) business days: a. b. c.

d.

Copies of evaluation forms.

Copies of the signed ethic statements of the reviewers.

Copies of Council policy regarding the: (1) Composition of Grant Review Panels (2) List of Council members on Executive Committee A written summary of the meeting and the procedure followed by the Executive Committee which shall be drafted by the program staff person assigned to the committee of origin for the grant.

4.

A written statement/letter of appeal identifying the grounds of the appeal, with supporting documentation must be submitted within ten (10) business days of the receipt of above in order to be considered by the appeal panel.

5.

Appropriate notifications of appeal: a.

The Director of the Ohio Department of DD b.

The appeal panel

6.

The grants administrator will provide the items in numbers 3and the appellant statement to the members of Council who are eligible to consider the appeal.

7.

The review of the appeal will occur at the next regularly scheduled Council meeting immediately following receipt of the appellantâ&#x20AC;&#x2122;s written statement/letter of appeal.

8.

If the continuation applicant is affirmed by the appeal panel, then a newly formed grant review panel is convened to reevaluate the proposal and develop a conditions letter if applicable.

9.

The decision of this panel is final and not subject to appeal.

17

Approved: December 7, 2007 Revised: September 16, 2011

#00-5 Duration of Projects PURPOSE This policy clarifies the number of years projects may be funded and discourages an individual grantee from becoming dependent on Council funding.

POLICY Council must develop and annually revise a Five-Year State Plan for Developmental Disabilities. The Plan includes Goals and Objectives.

Projects are funded to accomplish the State Plan Goals and Objectives. Thus, most projects are planned as five-year initiatives. Projects may also be planned for fewer years.

Grants awarded by Council will be competitively bid every five years.

If a grantee holds a specific grant for five (5) years and is subsequently awarded the same grant for another five (5) years, it will be mandatory for the original grantee to collaborate with another agency or organization during the second five year grant cycle.

At the end of 10 years, the original grantee must wait one (1) year before applying for another DDC grant.

Grants begun prior to Federal Fiscal Year 2007 will be allowed to complete their six-year cycle providing federal funds are available and the grantee is in compliance with program and fiscal requirements.

PROCEDURE The State Plan for Developmental Disabilities will indicate the number of years each project is projected to run.

18

If applicable, once competitively selected, a project will be continued for each subsequent year if the grantee has performed successfully during the previous year, submits an application, which is approved by the Executive Committee of Council, and funds are available.

Council, based on originating committee recommendation, will determine the number of years each project will continue.

19

Approved: October 31, 2007 Revised: September 16, 2011

#00-7a Grantee Compliance: Reporting Requirements PURPOSE To insure that all grantees of Council are complying with the fiscal and programmatic reporting requirements set forth in the application guidelines, application assurances, and the Ohio State Plan for Developmental Disabilities.

POLICY The grants coordinator shall maintain a compliance form to document: a. That up-to-date periodic expenditure reports and program reports have been submitted, and b. That current expenditures are consistent with the line estimates of the approved budget, or c. That terms of the award as set by the grants administrator are being met. d. For projects receiving $50,001 or more they will report quarterly; for projects receiving $16,000 to $50,000 they will report twice a year; for projects receiving $15,999 or less they will report once annually.

The committee staff person shall: a.

Provide a thorough orientation with new grantees that includes among other topics reporting requirements, and other topics as deemed necessary by program staff.

PROCEDURE Procedure for Part A of the compliance form:

20

Following the conclusion of each appropriate period, all active grants will be examined by the grants administration section to determine if periodic expenditures reports and periodic program reports for the previous quarter have been submitted to DD Council.

1.

Program and expenditure reports are due in the Council office by the close of business on the last business day of the month following the end of each period.

2.

Council staff will acknowledge receipt of program and expenditure reports within five (5) business days after they are received. Acknowledgement will be made by e-mail.

3.

The status of each grant will be reported by the grants administration section to the appropriate program staff person of Council.

A. Suspension for non-submission of expenditure and/or program reports 1.

If a granteeâ&#x20AC;&#x2122;s expenditure and/or program reports are not in the Council office by the close of business on the last business day of the month following the end of the period, the staff person will notify the grantee (letter or e-mail) that they are not in compliance with Councilâ&#x20AC;&#x2122;s reporting schedule and that requests for funds will not be approved until reports are received. The staff will also indicate that reports not received within fifteen (15) calendars day could result in termination of the grant.

2.

If the reports are not received in the Council office within fifteen (15) calendar days from the date of the notification, the process to terminate will be initiated, and the staff person and chair of the originating committee will be notified.

3.

Request for extension due to extenuating circumstances must be submitted to staff in writing. An extension may be granted by the executive director with approval of the Executive Committee for the following:

21

a) Death of family member or co-worker of grantee b) Serious illness of grantee c) Facility damage (acts of nature, fire, floodâ&#x20AC;Ś) B. Suspension for other issues of non-compliance If a project is found to be non-compliant, the grantee will be informed in writing of the: 1. Specific items of non-compliance.

2. Specific actions required to restore compliance.

3. Timelines for actions to restore to compliance.

C. Termination If compliance has not been restored within specified timelines, staff will issue a notice of termination and notify Council. Termination means immediate and permanent withdrawal of the granteeâ&#x20AC;&#x2122;s authority to obligate funds before that authority would otherwise have expired.

22

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-7b Grantee Compliance: Program Requirements PURPOSE To insure that all grantees of Council are complying with the Ohio State Plan for Developmental Disabilities, the approved proposal for the grant, and the conditions letter; and to establish sanctions for grantees that are out of compliance.

POLICY The committee program staff member shall monitor each grant to determine whether satisfactory progress has been maintained with regard to the proposal, the conditions required for approval, performance target(s) as specified in the Ohio Developmental Disabilities Council State Plan.

PROCEDURES Monitoring compliance â&#x20AC;&#x201C; the committee staff person shall: a)

Provide a thorough orientation with new grantees which includes discussion of Councilâ&#x20AC;&#x2122;s mission, performance targets, DD Suite, reporting requirements, use of Council logo, use of state plan amendments and other topics as deemed necessary by program staff. i) All new grantees will be required to participate in an orientation with program staff; ii) When a joint orientation is scheduled to accommodate multiple new grants, all new grantees are required to attend; iii) Grant funds may be used to pay for mileage to attend orientation.

23

b)

Monitor the grantee to determine that satisfactory progress has been maintained with regard to the approved proposal and for each final condition for approval.

c)

Complete the grant evaluation form and give a copy to the fiscal section for inclusion in the main files.

d)

Distribute report to the committee.

e)

Seek modifications or clarification of each periodic report, if necessary. If the report is satisfactory, the program and fiscal staff will accept the respective program and expense reports that have been submitted.

Suspension for non-compliance If a relevant program staff person determines that there are concerns regarding non-compliance, he or she will bring them to the attention of the committee chair and the committee.

The committee will consider the items identified by the staff person.

If the Committee determines that the grantee is non-compliant regarding one or more issues, the grant is suspended and the Committee shall determine the following: 1. Specific items of non-compliance.

2. Specific actions required to restore compliance.

3. Timelines for actions to restore to compliance.

The committee staff person will inform the grantee in writing.

Termination If compliance has not been restored within the specified timelines, the grants administrator will write a formal notice of termination and notify Council.

Termination means immediate permanent withdrawal of the granteeâ&#x20AC;&#x2122;s authority to obligate funds.

24

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-8 Ethics PURPOSE To avoid actual or seeming conflict of interest in the conduct of Council business, including planning, awarding of funds, and advocacy as required by federal and state laws.

POLICY Council members, staff and special advisors shall, at all times, adhere to federal and state ethic laws.

PROCEDURE 1.

Council members, staff and special advisors will not write a letter of support for any applicant for basic state grant funds awarded by Council.

2.

Council members representing state agencies will not participate in discussions in committees or Council, or vote on matters pertaining to: • A grant for which their agency has applied or might be expected to apply • A grant which has been awarded to their agency • A grant in which they are paid as an employee or a consultant 3.

Council members and special advisor will not participate in discussions in committee or council or vote on matters where a conflict of interest may exist.

4.

Members and special advisors will not participate in any grant review for which they have a conflict of interest with any of the proposals. At the beginning of each grant review panel meeting, each reviewer will sign the ethics statement.

5.

Both federal and state law provides a different standard for its partners under the DD Act. That standard is set out in Section 5123.35 of the Ohio Revised Code 25

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-9 Special Advisor Selection, Role and Reimbursement PURPOSE To clarify the selection process, role and reimbursement of expenses for special advisors

POLICY A. Selection Council bylaws allow committees to have special advisors for a period of one (1) year. The special advisor will be recommended by the committee requesting a special advisor for approval by full Council. Selection of individuals should be based upon the following criteria: 1.

The individual brings special knowledge, skills, experience and/or abilities related to current committee activities that the committee does not already possess.

2.

The individual can commit the necessary time to the task.

3.

The individualâ&#x20AC;&#x2122;s expertise should be needed for an extended period of time.

B. Role Special advisors will be non-voting members of committees who will provide special expertise and insight to deliberations.

C. Reimbursement Special advisors will receive reimbursement for travel in Ohio to the appropriate committee meeting and for meals in accordance with prevailing state government rates and travel policies.

26

Reimbursement requests for overnight accommodation will be approved by the committee chair for valid reasons.

Special advisors who are affiliated with an agency or organization that would benefit from the committee discussions shall not receive reimbursement. In all cases, Council will be payer of last resort.

The individualâ&#x20AC;&#x2122;s status will be subject to annual review.

PROCEDURE Committees will bring forth their candidates for special advisor to full Council for approval. After appointment, the grants administrator will notify each special advisor of allowable rates for reimbursement. Special advisors must submit travel vouchers to receive reimbursement.

27

Approved: October 31, 2007 Date of Last Revision: December 14, 2012

#00-10 Executive Committee Discretionary Fund PURPOSE To enable Council to support one-time initiatives.

POLICY Current grantees who seek funds from the Executive Committee Discretionary Fund must demonstrate that discretionary funds will not be used to supplement their grant with Council. At the beginning of each fiscal year, Council shall set aside an amount as determined by the State Plan for this fund. Expenditures must be in accordance with Councilâ&#x20AC;&#x2122;s mission, vision and policies.

Expenditures should complement and not conflict with Councilâ&#x20AC;&#x2122;s State Plan or its projects. Once a request has been submitted, subsequent requests are also subject to the limits described in paragraphs A through D of the following procedure for a period of one year, beginning with the date of the first request was received by Council.

PROCEDURE A.

Applicants shall submit a written request for funds that clearly indicates the purpose for which the funds are being requested.

Expenditures from the fund shall be in the form of mini-grants to support an individual or an organization. Each recipient will be asked to provide matching funds either in cash or in kind, and to submit an expenditure report with receipts. Recipients will also be asked to return all unexpended funds in a check made payable to the Treasurer, State of Ohio.

B.

Applicants for funds from the Executive Committee Discretionary Fund for an amount no greater than $2,000 may be approved by the executive director with the consent of the chair of Council. Requests for funds in an amount greater than $2,000, in aggregate, may only be approved by a vote of Executive Committee.

28

C.

Requests for Executive Committee Discretionary Funds shall be considered on a first-come, first-served basis. No mini-grant shall be awarded in excess of $5,000 annually to any one recipient. These limits may be exceeded only with full Council approval.

D.

The availability and process for applying for funds from the Executive Committee Discretionary Fund will be posted on Councilâ&#x20AC;&#x2122;s website.

E.

The Council shall, on a quarterly basis, receive a report that includes all of the following: 1) A list and description of all requests made to the Executive Committee Discretionary Fund; 2) An accounting of funds expended to date for mini-grants awarded under the Executive Committee Discretionary Fund; and 3) A description of any benefit or outcome that resulted from the award of Executive Committee Discretionary Funds.

29

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-11 Financial Compensation of Members PURPOSE To meet the requirements of the Developmental Disabilities Assistance and Bill of Rights Act regarding a stipend for Council members and to provide specific parameters that must be met in order to be eligible for compensation.

POLICY Stipends will be offered to Council members who: 1.

Are not employed, are employed at sub-minimum wage rates, or must forfeit wages from other employment to attend Council meetings and serve on grant review panels, and

2.

Submit a statement that it would be a hardship to serve on Council without receiving the stipend.

A stipend will be offered to a qualified Council member for attending Council meetings and doing grant reviews at the rate of $100 per day for time spent on Council duties for a “day” that is 4 hours or longer, and at a rate of $50 per day for a day that is longer than 1 hour but shorter than four (4) hours. An exception to the 4-hour rule will be made during the annual grant review gathering.

All official meetings of Council, including committees and subcommittees, will qualify. Travel time will not be included in calculating the length of a stipend’s “day” except in those instances where total travel time in one day exceeds three hours. In the latter situation involving 3 or more hours of travel in the same day, the Council Member will qualify for the $100 stipend.

Compensation will be provided for any official meeting of Council, its committees and subcommittees.

30

Reimbursement expenses to attend a subcommittee meeting on the day before regularly scheduled meetings will be calculated at a rate of $50 per day for a day that is longer than 1 hour but shorter than 4 hours.

Members receiving retirement compensation are not eligible for the stipend.

PROCEDURES All activities eligible for stipends will be fully documented according to guidelines established by the business office of Council and the state of Ohio. Council members intending to apply for a stipend or requiring assistance in completing documentation should contact the Council business office.

Every Council member who applies for a stipend shall be required to complete a hardship statement in which he/she indicates that he/she could not afford to serve on Council, or that it would be a significant hardship to serve on Council, unless he/she is allowed to receive a stipend.

The hardship statement must be submitted at the beginning of each term of office, approved and signed by the executive director. If an individualâ&#x20AC;&#x2122;s circumstances change midterm, it is the individualâ&#x20AC;&#x2122;s responsibility to notify the executive director.

PLEASE NOTE: Council members who are receiving SSI or Medicaid should carefully evaluate the impact that receiving compensation in the form of a stipend might have on his or her continued eligibility for such benefits prior to applying for the stipend.

31

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-12 Correspondence to Policymakers or Responses to Alerts by Staff/Grantees PURPOSE To clarify the circumstances under which staff and members may write correspondence and respond to alerts.

To explain how grantees should handle alerts.

POLICY All positions taken by Council staff, members and grantees must be consistent with Councilâ&#x20AC;&#x2122;s Public Policy Platform. Council staff, members, and grantees may write correspondence to policymakers and respond to alerts as outlined below.

PROCEDURE 1.

Correspondence to policymakers or correspondence intended for widespread public distribution, initiated by Council staff or Council members, which states or appears to represent a position of Council, may be approved by the executive director when (1) the position stated represents a clearly approved Council position, or (2) the position represents a logical outcome of a Council position and (3) the position is consistent with Councilâ&#x20AC;&#x2122;s Public Policy Platform.

In the absence of one of the above criteria, no correspondence on behalf of Council may be distributed without approval of full Council.

2.

The executive director may approve responses to alerts on behalf of Council requested by NACDD when such responses are clearly consistent with Council positions and are noncontroversial.

The executive director must copy Council members on such responses.

32

3.

The executive director may defer approval of correspondence or response to an alert to seek approval by a Council committee or Council as a whole.

4.

Correspondence in the above situations shall be signed by either of the following: • • • • • • •

5.

The executive director, The executive director and the relevant committee staff person, The executive director and the relevant committee chairperson, The relevant committee chairperson and staff, The executive director and Council chairperson, The Council chairperson, or Whoever appears to be most appropriate in light of the circumstances Responses to alerts from other organizations shall be subject to approval by Council chair in addition to #2 above.

Grantees (e.g., legislative projects) may respond to alerts on behalf of Council by urging a response from their constituents that is clearly consistent with approved Council positions upon approval by the executive director or the relevant committee staff person. In the absence of a clearly approved Council position, or in the face of ambiguous facts, the grantee may forward the alert without editorial comment with a "For Your Information (FYI)" cover letter, fax, or e-mail.

33

Approved: July 11, 2008 Date of Last Revision: December 14, 2012

#00-13 Conference Attendance and Travel for Council Members and Staff PURPOSE To formalize rules regarding conference attendance.

POLICY Council members and staff members may attend conferences in Ohio and out-of-state in accordance with the procedure outlined below. It is the policy of Council to use its federal and state funds prudently and in a way that achieves the greatest benefit for the citizens of the state of Ohio who have a developmental disability and their families. This policy will follow the current state of Ohio rules on travel reimbursement.

PROCEDURE â&#x20AC;&#x201C; Out-of-State Travel Attendance at out-of-state conferences and related travel shall be approved only after due consideration for any state travel rules and restrictions, and only with clear written justification of how attendance at the conference is expected to benefit the goals and objectives of Council, of one of its committees or subcommittees, of a particular grant project (i.e., existing or proposed), or of a state-level taskforce, committee or workgroup as a result of appointment by the governor or by Council.

1.

Representatives of the Ohio DD Council may attend events sponsored by national organizations including, but not limited to, the annual National Association of Councils on Developmental Disabilities (NACDD) Conference, the Technical Assistance (TA) Institute, and the Disability Policy Seminar. In general, attendance to the NACDD annual conference will normally be the executive director and the Council chairperson or one of the other officers of Council. The representative to the TA Institute, which covers Council responsibilities to NACDD and the Administration on Developmental Disabilities (ADD), including the completion of the State Plan and the annual Program Performance Review (PPR), will normally be a 34

Council staff person. Attendance to the Disability Policy Seminar will normally be the staff person for the Public Policy Committee, the chairperson of Council and the chairperson or another Council member from the Public Policy committee. For other conferences, the most appropriate person to represent Council may depend on specific items on the agenda. See paragraph 3 as to who makes this determination.

2.

Members who wish to attend an event will be responsible for informing the chair of Council or the executive director of their interest prior to a vote to approve out-of-state travel.

3.

Requests for participation in out-of-state conferences or events shall be submitted to Council for approval or denial. In the absence of a meeting of full Council, the Executive Committee may approve such requests. A vote to support a representative of the DD Council elected to the NACDD Board shall be considered a vote to support attendance at up to 4 meetings per year for the duration of the 2-year-term (i.e., a separate vote is not needed for each NACDD Board meeting).

4.

Whenever possible in attending a conference, Council members and staff shall share rooms and share transportation to the event if by state or personal vehicle.

5.

All requests for reimbursement from Council members or staff persons shall include a report of the event attended and a clear delineation of how attendance at that event provided a tangible benefit to Council as a whole. A similar report shall also be required in the event of a pre-payment or cash advance. The responsibilities of the attendee shall not be considered complete until such a report is submitted and it has been distributed to all Council members and all Council staff.

PROCEDURE â&#x20AC;&#x201C; In-State Travel Attendance at in-state conferences and related travel shall be approved only after due consideration for any state travel rules and restrictions, and only with clear written justification of how attendance at the conference is expected to benefit the goals and objectives of Council, of one of its committees or subcommittees, of a particular grant project (i.e., existing or 35

proposed), or of a state level taskforce, committee or workgroup as a result of appointment by the Governor or by Council.

1.

Attendance at in-state conferences involving a registration fee and travel expenses not exceeding $500 shall be at the discretion of the executive director.

2.

Attendance at in-state conferences involving a registration fee and travel expenses that exceed $500 shall be at the discretion of the executive director but shall also require the written/e-mail approval of the Council chairperson.

3.

To the extent possible, and depending on the conference agenda, attendance at in-state conferences shall rotate among Council members and staff so that it is not the same members or staff attending a disproportionate share of such events.

4.

Whenever possible in attending a conference, Council members and staff shall share rooms and share transportation to the event if by state or personal vehicle.

5.

All requests for reimbursement from Council members or staff persons shall include a report of the event attended and a clear delineation of how attendance at that event provided a tangible benefit to Council as a whole. A similar report shall also be required in the event of a pre-payment or cash advance. The responsibilities of the attendee shall not be considered complete until such a report is submitted and it has been distributed to all Council members and all Council staff.

36

Approved: February 2, 2001 Date of Last Revision: September 16, 2011

#00-14 Number of Projects Held By a Single Grantee PURPOSE This policy encourages Council funds to be distributed to a larger number of grantees and discourages any one grantee from becoming dependent upon Council funding.

POLICY No grantee shall be allowed to be the recipient of multiple projects where the sum of all projects held at one time exceeds $100,000, unless there is a vote to override this policy by at least three-fourths of the membership of Council.

PROCEDURES Council Policy, Criteria for Selection of Competitive Grants, revised November 6, 1992 and reapproved April 2, 1993, currently includes: Qualification of Agency and Personnel. In the event that an agency chooses to apply for more than one grant with an implementation period that would run concurrently with an existing grant, and the sum of Council funds during the implementation period exceeds $100,000, the agency must identify this fact under Section 2. Qualification of Agency and Personnel, in the grant application form.

Upon receipt of such information, it must be brought to the Council floor where it shall take a passing vote of three-fourths of the total membership of Council for the application to be included in the grant review process. In the event that the grant review panel is scheduled to convene prior to the opportunity for a Council vote and the grant review panel selects the agency’s application, it will still require a passing vote of three-fourths of the membership of Council before the agency can receive final approval. If the latter event occurs, the “Conditions” letter will include the statement, “dependent upon the approval of three-fourths membership of Council at the next scheduled business meeting.”

37

Approved: December 7, 2007

#00-15 Shared Management PURPOSE Organized efforts to support and strengthen the voice and influence of people with developmental disabilities have been conducted by advocacy agencies of Ohio for many years. The impact of those efforts has been lessened by the use of scarce resources for necessary agency overhead.

In order to combat this trend, Council believes that economies of scale can be realized by small agencies if a specified list of services is provided by other grantees. This list includes: accounts payable/receivable, space, utilities, equipment, and support staff.

POLICY If a grantee uses the services of another grantee, it must be identified in the application for Council funding.

PROCEDURES Depending upon the service provided, there are several places within Councilâ&#x20AC;&#x2122;s grant application where the above information must be reported (e.g., Project Financial Officer on the identification page and within the budget documents). It will be the responsibility of applicants to do so.

Councilâ&#x20AC;&#x2122;s fiscal unit will then be responsible for reporting the specifics to the grant review panel.

38

Approved: October 5, 2007 Date of Last Revision: September 16, 2011

#00-16 Council Member Participation in Grants PURPOSE To clarify the role of Council members in grants.

POLICY A major role of Council members is to set general planning objectives and Performance Targets for grants. It is also a proper role for a Council member to provide oversight to a grant as part of a grant review panel, as a member of the originating issue committee, or as a part of full Council, in addition to oversight and monitoring provided by Council staff.

Once Council has approved a grant proposal and any initial conditions have been responded to by the grantees, Council should give grantees maximum freedom in how they manage their grants as long as they are meeting performance targets.

When an issue committee of Council determines that a grant should have an advisory committee, task force, or council, members of the issue committee may participate as a member of the advisory committee, task force or council provided their participation does not create a conflict of interest.

Under no circumstances should a Council member change plan language or outcomes as this is a role of the originating committee.

The state plan language for that grant must specify the involvement of a Council representative(s).

The Council member(s) must be authorized by the originating committee to be Councilâ&#x20AC;&#x2122;s representative on that grant.

The Council member(s) is eligible for reimbursement of approved expenses from Councilâ&#x20AC;&#x2122;s budget.

39

The Council member(s) MUST abstain from voting in committee and full Council on issues related to that grant.

The Council member(s) reports to the originating committee, as appropriate on grant activity.

40

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-17 Dual Leadership PURPOSE: To clarify the role of Council members who also serve as officers on the boards of entities who apply for/have grants with Council. The federal law is very clear when it says, â&#x20AC;&#x153;not less than 60 percent of the membership of each Council shall consist of members who areâ&#x20AC;Ś.. not be employees of a State agency that receives funds or provides services under this subtitle, or managing employees [as defined in section 1126(b) of the Social Security Act (42 U.S.C. 1320a-5(b)] of any other entity that receives funds or provides services under this subtitle.â&#x20AC;?

An Ethics Commission ruling contained in a letter dated February 22, 2007 states that any member of the DD Council who serves in a category of individual with a developmental disability, parent, guardian or family member may not hold a managing employment position or serve as the officer or member of a board of an entity that receives a grant from Council.

PROCEDURE Applicants for Council who are in one of the above positions on an entity that is receiving a grant from Council may either: a. b.

Withdraw their application to be appointed to Council and keep their position, or Resign their position with the grantee and serve on Council.

Council members who are in one of the above positions on an entity that plans to apply for, applies for, and/or receives a grant from Council must: a. b. c.

Recuse themselves from all discussions related to a grant for which they think the entity might apply, Refrain from voting on any matters pertaining to such a grant, Not participate on any grant review panel related to the grant, and 41

d.

If the entity receives the grant, either resign from the managing position with the entity that received the grant or resign from Council.

42

Approved: October 5, 2007 Date of Last Revision: December 14, 2012

#00-18 Revolving Door PURPOSE To clarify the financial relationship between current and former members of Council with grantees, and to avoid the appearance of conflict of interest.

PROCEDURE No Council member may receive compensation for performance of any service from a grantee while serving as a member of Council.

No Council member may receive compensation for performance of any service from a grantee for one year after the member is no longer on Council.

43

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-19 Attendance at Council Business Meetings, Issue Committees and Subcommittees PURPOSE To create a policy that reflects attendance at Council business meetings, issue committees and subcommittees is important, and that enables committee/subcommittee chairpersons to more accurately determine who are members for purposes of determining if a quorum is present for voting purposes and for purposes of conducting business.

POLICY All members of Council committees and subcommittees are expected to attend all meetings of those committees and subcommittees of which they have expressed intention of being members. All members shall notify the committee/subcommittee chairperson or staff person if they are/were unable to attend. After three (3) absences within a twelve-month period, the committee/subcommittee chairperson shall notify the individual concerned that he/she is no longer considered to be a member of that committee/subcommittee.

In addition, Section 3.17 of the Ohio Revised Code also indicates that any Council member who fails to attend at least three-fifths (3/5) of the regular and special meetings held by Council during any two-year period, forfeits the memberâ&#x20AC;&#x2122;s position on Council including membership on committees or subcommittees.

PROCEDURES Attendance at the business meeting, committees and subcommittees shall be tracked by Council staff and periodically reported to the Council chairperson, or the respective committee/subcommittee chairperson.

After a member has accumulated 2 absences at committee and subcommittee meetings during a calendar year, the chairperson or the Council staff upon direction from the chairperson shall notify the member in writing that one 44

more absence shall cause the automatic termination of his/her membership on that committee or subcommittee.

Council members who are not members of a committee or subcommittee, or who were members before losing membership due to excessive absence, are welcome to attend and otherwise participate in the meetings of that committee or subcommittee. However, they may not vote.

A member of Council who lost membership on a committee or subcommittee because of excessive absence shall be considered reinstated as a committee/subcommittee member at the beginning of the second consecutive meeting the member attends after stating his/her intent to rejoin the committee or subcommittee. Other Council members who have either not previously belonged to that committee or have not been a member of that committee for at least a year shall be considered voting members when they attend their first meeting after stating intent to join that committee/subcommittee.

In cases where a memberâ&#x20AC;&#x2122;s absence exceeds three-fifths (3/5) of the regular or special meetings of Council within a two-year period, the Council chairperson and the executive director will send a letter to the governor notifying the governor of the memberâ&#x20AC;&#x2122;s lack of attendance and therefore violation of Section 3.17 of the Ohio Revised Code.

45

Approved: October 31, 2007 Date of Last Revision: December 14, 2012

#00-20 Grantee Eligibility for No-Cost Extension PURPOSE To create a policy to determine when a no-cost extension is appropriate.

This policy recognizes the need for some flexibility when unforeseen circumstances prevent completion of activities according to the original schedule.

POLICY A no-cost extension is allowing a grantee to continue project activities without additional funding beyond the scheduled completion date of the grant.

Grantees are not eligible for a no-cost extension if they are delinquent in any way, including the submission of either program or fiscal periodic reports, and any documentation necessary to substantiate that grant funds from a prior fiscal year were properly expended. There are NO EXCEPTIONS to this policy.

Grantees may apply for a no-cost extension for an additional ninety day period of time. No-cost extensions may be approved by the executive director.

PROCEDURES A no-cost extension can be requested by a grantee by completing and submitting a budget revision form that includes a description of why the nocost extension is being requested and the time period for which the no-cost extension is being requested.

Council program and fiscal staff will review the form for completeness and accuracy within five (5) business days of receipt of the form. Incomplete forms may be returned to a grantee by the program or fiscal staff for correction and resubmission. The program and fiscal staff shall be required to sign each request for no-cost extension and include a recommendation to 46

the executive director to approve or deny the request for a no-cost extension.

The executive director may approve a request for a no-cost extension if no previous request has been approved for the same project within the same project year. Requests for no-cost extensions for projects that have already received an extension within the same project year shall be submitted to Council for a vote.

If a no-cost extension is approved, the following procedure will be followed: 1.

The fiscal section staff will send notice of approval of the no cost extension to the grantee via e-mail;

2.

Any unexpended funds can be spent during the no-costextension time period.

3.

At the conclusion of the no-cost-extension time period, the grantee will comply with all final reporting requirements.

If a no-cost extension is NOT approved, the following procedure will be followed: 1.

The fiscal staff will send a notice of denial of the no-cost extension via e-mail. The notice of denial will be sent within five (5) business days of the decision by the executive director;

2.

All unexpended funds must be returned by the grantee within five (5) business days of receiving notification from the grants administrator.

3.

The grantee must comply with all final reporting requirements.

47

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-21 Inclusion of Individuals with Developmental Disabilities PURPOSE To insure that the supports and assistance necessary for inclusion/participation of people with developmental disabilities are provided for all Council and grantee activities, trainings, and events that have a target audience including people with developmental disabilities. To recognize that a significant number of individuals with developmental disabilities are unemployed and are low-income, thereby lacking the financial means to participate in Council and grantee events to the same degree as others do.

POLICY All activities, trainings, and events planned, conducted/implemented by the Ohio DD Council and by its grantees shall provide the necessary supports and assistance needed for individuals with developmental disabilities to participate. All such events shall provide for a significant number of individuals with developmental disabilitiesâ&#x20AC;&#x2122; participation. There shall be no â&#x20AC;&#x153;tokenâ&#x20AC;? participation or involvement.

All activities supported by Council must be in fully accessible locations.

PROCEDURES During the development of the State Plan for DD, every initiative must be analyzed with regard to the potential inclusion of individuals with developmental disabilities in the project activities and efforts.

In accordance with the Planning Guidelines and the Application Guidelines, each proposed project must reflect that individuals with developmental disabilities are to be supported to be a part of the project.

48

Budgets for projects must take into consideration the cost of such support.

The cost shall include: transportation, personal assistance care, special needs, etc.

49

Approved: October 5, 2007 Date of Last Revision: September 16, 2011

#00-22 Grant Reviewer Requirements PURPOSE To establish requirements for grant reviewers when determining selection of a new grant (competitive), continuation grant (noncompetitive) and direct allocation.

POLICY Reviewers will review proposals and complete the score/sheets prior to the grant review meeting.

Reviewers will be provided grant proposals; evaluation forms/score sheets and instructions at least 14 calendar days in advance of grant review date or as otherwise acceptable to the reviewer. Grant reviewers will adhere to established requirements.

PROCEDURES New Grants: • Prior to the grant review meeting, the grant reviewer will complete score sheet for each proposal and assign points according to how well, in his or her opinion, the proposal met the criteria.

• The reviewer MUST document comments on the score sheet to substantiate points assigned.

• The reviewer totals the points assigned and brings the score sheet(s) to the grant review meeting (Refer to procedures in Policy #00-3).

• The reviewer should document any suggested conditions and recommendations for the grantee.

• In the event a reviewer does not have a completed evaluation form/score sheet at the start of the grant review, the reviewer will be replaced on the panel with the alternate or the staff person chairing the panel.

50

Continuation Grants: • The reviewer will examine the staff evaluation form prior to the grant review meeting.

• The reviewer will document comments as to how well, in his or her opinion; the grantee and/or project met performance targets or outcomes.

• The reviewer will document any suggested conditions and recommendations for the grantee.

51

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-23 Use of Carryover Funds PURPOSE To specify requirements for the use of unobligated funds at the end of a project year.

POLICY Council staff gives a report to Council each business meeting of Council detailing the amount of unobligated funds.

PROCEDURES 1.

Amendments to the state plan will be permitted anytime during the year to allow for the use of carryover funds.

2.

All state planning guidelines and rules must be followed.

3.

Any amendments to the state plan that fund new grants/projects from carryover funds are not to exceed one year duration.

52

Approved: December 7, 2007 Date of Last Revision: December 14, 2012

#00-24 Council Member Responsibilities PURPOSE To specify the expectations and responsibilities of Council members.

POLICY Council members shall adhere to any and all requirements of the DD Act (federal law), the Ohio Revised Code (state law), the approved Council Bylaws, as well as the expectations established in this policy.

PROCEDURES 1.

Council members are required to: • Adhere to all Council policies.  Attend two (2) days of meetings, five (5) times per year.  Be an active member of at least two (2) standing committees of Council.  Participate in at least one (1) grant review panel.  Be prepared for Council and Committee meetings.  Advocate for Council’s mission and philosophy.  Participate in the development of Council positions on matters of public policy.  Read and respond to action alerts.  Attend Council sponsored events.  Follow the Code of Conduct as established by the Bylaws.

2.

Council members are encouraged to:  Attend selected state or local events.  Mentor a new Council member.  Be a resource to/provide information to legislators.  Share information between Council and other organizations as appropriate.  Serve on groups external to Council.  Participate in visits to Council projects with Council staff.  Serve on Council subcommittees and ad hoc groups.

53

3.

Council members are subject to the following policy related to the use of Social Media (e.g. Facebook, LinkedIn, Twitter, etc.): ď&#x201A;§ If any member of the Council comments on any aspect of business or policy that the Council is involved in where they have input and influence in the outcome rendered, they shall acknowledge themselves as a member of the Ohio Developmental Disabilities Council in their postings or blog and include a disclaimer that the views expressed are their own and not necessarily those of the Ohio Developmental Disabilities Council.

54

Approved: December 7, 2007 Date of Last Revision: September 16, 2011

#00-25 Members Representing Council on Other Boards, Councils and/or Organizations PURPOSE To establish the process by which a Council member is selected to represent Council on other boards, councils and/or organizations.

POLICY A Council member may not represent the DD Council on any board, council or organization without being selected and approved by full Council to do so.

PROCEDURES When a need arises for DD Council to have representation on an outside board, council and/or organization, a name or names of candidates must be brought before full Council for a vote. A vote by majority of Council is required for approval of the candidate to be a representative of DD Council.

A name may be brought forth in a number of ways: • Committee recommendation.

• Recommendation by another Council member or staff person.

• Council member wishing to be considered voluntarily submits his/her name.

• Outside board, council or organization requests a specific Council member Council members being considered to represent Council must be: • Available to fulfill the commitment of attending the meetings of the outside board, council or organization.

• Have extensive knowledge of the topic that the board, council or organization is meeting about.

• Willing to report to Council the activity of the meetings they attend on behalf of Council.

55

â&#x20AC;˘

Have sufficient time to devote to being prepared and knowledgeable for participation on the outside board, council or organization.

56

Approved: September 16, 2011

#00-26 Remote Attendance Pilot Program PURPOSE The purpose of this policy is to authorize members of the Council to participate in a pilot program that allows council members to be present at council meetings via teleconference or interactive video teleconference; to establish requirements for conducting council meetings via teleconference or interactive video conference, including the method the council will use to authenticate the identify of a member who is present at a meeting via teleconference or interactive video teleconference; and to establish a policy regarding the distribution and circulation of meeting-related documents to council members, the public, and the media.

POLICY Council members who need a reasonable accommodation due to a disability or reside or work more than thirty-five miles from the designated meeting location may participate in a committee meeting, business meeting, or grant review via teleconference or interactive video teleconference and be counted towards the quorum, and have full voting privileges. A minimum of three members of Council shall be physically present at the committee meeting, business meeting, or grant review location. The Chairperson or ViceChairperson shall be physically present at the committee meeting, business meeting, or grant review location for which they have the authority to convene and adjourn the public meeting.

A member of council participating in a council meeting via teleconference or interactive video teleconference shall not be counted toward a quorum or be eligible to vote if technical difficulties interfere with the member's full participation in the meeting.

Voting at meetings of council that involve members participating via teleconference or interactive video teleconference shall be conducted by roll call, except that a voice vote may be called at the discretion of the chair in cases where a motion or vote is procedural in nature (e.g., a vote to approve meeting minutes).

57

All Council members shall be physically present to participate and to count toward a quorum at one meeting per year.

PROCEDURE Members of Council who are participating via remote attendance will be provided with a unique authentication code, which must be used to verify the identity of the member participating in a meeting by remote attendance.

Once an authentication code has been used, a new unique authentication code will be issued to the Council member. A member who cannot provide a valid authentication code prior to a meeting conducted via remote attendance shall not be counted toward a quorum and shall not have voting privileges at that meeting.

Meeting materials for meetings in which a Council member will be participating via remote attendance shall be distributed based on the following schedule: (1) Meeting-related documents sent to members who elect to receive documents via electronic mail or facsimile shall be sent no less than forty-eight hours prior to the convening of the meeting for which the documents apply.

(2) Meeting-related documents sent to members who elect to receive documents via United States postal service shall be postmarked no less than seven days prior to the convening of the meeting for which the documents apply.

The executive director of the council or his/her designee shall maintain an up-to-date list of the names and contact information for members of the general public and members of the media who have requested to receive meeting-related documents prior to the convening of a meeting of council conducted via teleconference or interactive video teleconference.

(1) Meeting-related documents sent to members of the general public or members of the media who elect to receive documents via electronic mail or facsimile shall be sent no less than forty-eight hours prior to the convening of the meeting for which the documents apply.

(2) Meeting-related documents sent to members of the general public or members of the media who elect to receive documents via United 58

States postal service shall be postmarked no less than seven days prior to the convening of the meeting for which the documents apply.

On or before July 1, 2012, the council shall submit a report to the General Assembly that describes the effects on the operation of the council of member participation in council meetings via remote attendance.

The report shall describe any additional costs the council incurred and cost savings the council realized through member participation in council meetings via teleconference or interactive video teleconference and shall include: (a) A description of the notice given of each council meeting held during the pilot program; (b) An account of attendance by council members, the public, and the media at each council meeting held during the pilot program; (c) Summaries or copies of comments by the public and the media concerning council meetings held by teleconference or interactive video teleconference; (d) A copy of the minutes and an itemized list of the costs of each meeting held during the period of the pilot program; and (e) An account of local media coverage of council meetings held via teleconference or interactive video teleconference.

This policy remains in effect until such time as the authority to meet via remote attendance expires.

59

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1677

Public Law 106–402 106th Congress An Act To improve service systems for individuals with developmental disabilities, and for other purposes.

Oct. 30, 2000 [S. 1809]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Developmental Disabilities Assistance and Bill of Rights Act of 2000.

42 USC 15001 note.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Developmental Disabilities Assistance and Bill of Rights Act of 2000’’. (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101.

102.

103.

104.

105.

106.

107.

108.

109.

Subtitle A—General Provisions

Findings, purposes, and policy.

Definitions.

Records and audits.

Responsibilities of the Secretary.

Reports of the Secretary.

State control of operations.

Employment of individuals with disabilities.

Construction.

Rights of individuals with developmental disabilities.

Subtitle B—Federal Assistance to State Councils on Developmental Disabilities Sec. 121. Purpose.

Sec. 122. State allotments.

Sec. 123. Payments to the States for planning, administration, and services.

Sec. 124. State plan.

Sec. 125. State Councils on Developmental Disabilities and designated State agen­ cies.

Sec. 126. Federal and non-Federal share.

Sec. 127. Withholding of payments for planning, administration, and services.

Sec. 128. Appeals by States.

Sec. 129. Authorization of appropriations.

Subtitle C—Protection and Advocacy of Individual Rights Purpose.

Allotments and payments.

System required.

Administration.

Authorization of appropriations.

Sec. Sec. Sec. Sec. Sec.

141.

142.

143.

144.

145.

Sec. Sec. Sec. Sec.

Subtitle D—National Network of University Centers for Excellence in

Developmental Disabilities Education, Research, and Service

151. Grant authority.

152. Grant awards.

153. Purpose and scope of activities.

154. Applications.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00001

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1678

PUBLIC LAW 106–402—OCT. 30, 2000

Sec. 155. Definition.

Sec. 156. Authorization of appropriations.

Subtitle E—Projects of National Significance Sec. 161. Purpose.

Sec. 162. Grant authority.

Sec. 163. Authorization of appropriations.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

201.

202.

203.

204.

205.

206.

207.

208.

209.

210.

211.

212.

TITLE II—FAMILY SUPPORT Short title.

Findings, purposes, and policy.

Definitions and special rule.

Grants to States.

Application.

Designation of the lead entity.

Authorized activities.

Reporting.

Technical assistance.

Evaluation.

Projects of national significance.

Authorization of appropriations.

TITLE III—PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES Sec. 301. Findings.

Sec. 302. Definitions.

Sec. 303. Reaching up scholarship program.

Sec. 304. Staff development curriculum authorization.

Sec. 305. Authorization of appropriations.

TITLE IV—REPEAL Sec. 401. Repeal.

TITLE I—PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES Subtitle A—General Provisions 42 USC 15001.

SEC. 101. FINDINGS, PURPOSES, AND POLICY.

(a) FINDINGS.—Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with develop­ mental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and edu­ cational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 per­ cent of the United States population; (3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; (4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in section 102); (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect,

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00002

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1679

financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of assistance, that are most effective when provided in a coordinated manner; (8) there is a need to ensure that services, supports, and other assistance are provided in a culturally competent manner, that ensures that individuals from racial and ethnic minority backgrounds are fully included in all activities provided under this title; (9) family members, friends, and members of the commu­ nity can play an important role in enhancing the lives of individuals with developmental disabilities, especially when the family members, friends, and community members are provided with the necessary community services, individualized supports, and other forms of assistance; (10) current research indicates that 88 percent of individ­ uals with developmental disabilities live with their families or in their own households; (11) many service delivery systems and communities are not prepared to meet the impending needs of the 479,862 adults with developmental disabilities who are living at home with parents who are 60 years old or older and who serve as the primary caregivers of the adults; (12) in almost every State, individuals with developmental disabilities are waiting for appropriate services in their commu­ nities, in the areas of emphasis; (13) the public needs to be made more aware of the capabili­ ties and competencies of individuals with developmental disabil­ ities, particularly in cases in which the individuals are provided with necessary services, supports, and other assistance; (14) as increasing numbers of individuals with develop­ mental disabilities are living, learning, working, and partici­ pating in all aspects of community life, there is an increasing need for a well trained workforce that is able to provide the services, supports, and other forms of direct assistance required to enable the individuals to carry out those activities; (15) there needs to be greater effort to recruit individuals from minority backgrounds into professions serving individuals with developmental disabilities and their families; (16) the goals of the Nation properly include a goal of providing individuals with developmental disabilities with the information, skills, opportunities, and support to— (A) make informed choices and decisions about their lives; (B) live in homes and communities in which such individuals can exercise their full rights and responsibilities as citizens; (C) pursue meaningful and productive lives; (D) contribute to their families, communities, and States, and the Nation;

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1680

PUBLIC LAW 106–402—OCT. 30, 2000

(E) have interdependent friendships and relationships with other persons; (F) live free of abuse, neglect, financial and sexual exploitation, and violations of their legal and human rights; and (G) achieve full integration and inclusion in society, in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of each individual; and (17) as the Nation, States, and communities maintain and expand community living options for individuals with develop­ mental disabilities, there is a need to evaluate the access to those options by individuals with developmental disabilities and the effects of those options on individuals with develop­ mental disabilities. (b) PURPOSE.—The purpose of this title is to assure that individ­ uals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life, through culturally com­ petent programs authorized under this title, including specifically— (1) State Councils on Developmental Disabilities in each State to engage in advocacy, capacity building, and systemic change activities that— (A) are consistent with the purpose described in this subsection and the policy described in subsection (c); and (B) contribute to a coordinated, consumer- and familycentered, consumer- and family-directed, comprehensive system that includes needed community services, individ­ ualized supports, and other forms of assistance that pro­ mote self-determination for individuals with developmental disabilities and their families; (2) protection and advocacy systems in each State to protect the legal and human rights of individuals with developmental disabilities; (3) University Centers for Excellence in Developmental Disabilities Education, Research, and Service— (A) to provide interdisciplinary pre-service preparation and continuing education of students and fellows, which may include the preparation and continuing education of leadership, direct service, clinical, or other personnel to strengthen and increase the capacity of States and commu­ nities to achieve the purpose of this title; (B) to provide community services— (i) that provide training and technical assistance for individuals with developmental disabilities, their families, professionals, paraprofessionals, policymakers, students, and other members of the commu­ nity; and (ii) that may provide services, supports, and assist­ ance for the persons described in clause (i) through demonstration and model activities; (C) to conduct research, which may include basic or applied research, evaluation, and the analysis of public policy in areas that affect or could affect, either positively

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00004

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1681

or negatively, individuals with developmental disabilities and their families; and (D) to disseminate information related to activities undertaken to address the purpose of this title, especially dissemination of information that demonstrates that the network authorized under this subtitle is a national and international resource that includes specific substantive areas of expertise that may be accessed and applied in diverse settings and circumstances; and (4) funding for— (A) national initiatives to collect necessary data on issues that are directly or indirectly relevant to the lives of individuals with developmental disabilities; (B) technical assistance to entities who engage in or intend to engage in activities consistent with the purpose described in this subsection or the policy described in sub­ section (c); and (C) other nationally significant activities. (c) POLICY.—It is the policy of the United States that all pro­ grams, projects, and activities receiving assistance under this title shall be carried out in a manner consistent with the principles that— (1) individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of self-determination, independence, productivity, and integration and inclusion in all facets of community life, but often require the provision of community services, individual­ ized supports, and other forms of assistance; (2) individuals with developmental disabilities and their families have competencies, capabilities, and personal goals that should be recognized, supported, and encouraged, and any assistance to such individuals should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of such individuals; (3) individuals with developmental disabilities and their families are the primary decisionmakers regarding the services and supports such individuals and their families receive, including regarding choosing where the individuals live from available options, and play decisionmaking roles in policies and programs that affect the lives of such individuals and their families; (4) services, supports, and other assistance should be pro­ vided in a manner that demonstrates respect for individual dignity, personal preferences, and cultural differences; (5) specific efforts must be made to ensure that individuals with developmental disabilities from racial and ethnic minority backgrounds and their families enjoy increased and meaningful opportunities to access and use community services, individual­ ized supports, and other forms of assistance available to other individuals with developmental disabilities and their families; (6) recruitment efforts in disciplines related to develop­ mental disabilities relating to pre-service training, community training, practice, administration, and policymaking must focus on bringing larger numbers of racial and ethnic minorities

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00005

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1682

PUBLIC LAW 106–402—OCT. 30, 2000

into the disciplines in order to provide appropriate skills, knowl­ edge, role models, and sufficient personnel to address the growing needs of an increasingly diverse population; (7) with education and support, communities can be acces­ sible to and responsive to the needs of individuals with develop­ mental disabilities and their families and are enriched by full and active participation in community activities, and contribu­ tions, by individuals with developmental disabilities and their families; (8) individuals with developmental disabilities have access to opportunities and the necessary support to be included in community life, have interdependent relationships, live in homes and communities, and make contributions to their fami­ lies, communities, and States, and the Nation; (9) efforts undertaken to maintain or expand communitybased living options for individuals with disabilities should be monitored in order to determine and report to appropriate individuals and entities the extent of access by individuals with developmental disabilities to those options and the extent of compliance by entities providing those options with quality assurance standards; (10) families of children with developmental disabilities need to have access to and use of safe and appropriate child care and before-school and after-school programs, in the most integrated settings, in order to enrich the participation of the children in community life; (11) individuals with developmental disabilities need to have access to and use of public transportation, in order to be independent and directly contribute to and participate in all facets of community life; and (12) individuals with developmental disabilities need to have access to and use of recreational, leisure, and social opportunities in the most integrated settings, in order to enrich their participation in community life.

42 USC 15002.

SEC. 102. DEFINITIONS.

In this title: (1) AMERICAN INDIAN CONSORTIUM.—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.

(2) AREAS OF EMPHASIS.—The term ‘‘areas of emphasis’’ means the areas related to quality assurance activities, edu­ cation activities and early intervention activities, child carerelated activities, health-related activities, employment-related activities, housing-related activities, transportation-related activities, recreation-related activities, and other services avail­ able or offered to individuals in a community, including formal and informal community supports, that affect their quality of life.

(3) ASSISTIVE TECHNOLOGY DEVICE.—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

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1683

functional capabilities of individuals with developmental disabilities.

(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 indi­ vidual with a developmental disability, including a func­ tional evaluation of the individual in the individual’s cus­ tomary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of an assistive technology device by an indi­ vidual 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, interven­ tion, 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 appro­ priate, a family member, guardian, advocate, or authorized representative of an individual with a developmental dis­ ability; and (F) providing training or technical assistance for profes­ sionals (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.—The term ‘‘Center’’ means a University Center for Excellence in Developmental Disabilities Education, Research, and Service established under subtitle D. (6) CHILD CARE-RELATED ACTIVITIES.—The term ‘‘child carerelated activities’’ means advocacy, capacity building, and sys­ temic 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.

(7) CULTURALLY COMPETENT.—The term ‘‘culturally com­ petent’’, used with respect to services, supports, or other assist­ ance, means services, supports, or other assistance that is con­ ducted 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.

(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 impair­ ment or combination of mental and physical impair­ ments;

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1684

PUBLIC LAW 106–402—OCT. 30, 2000 (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.—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 dis­ ability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the indi­ vidual, without services and supports, has a high prob­ ability of meeting those criteria later in life.

(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.—The term ‘‘education activi­ ties’’ means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabil­ ities 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.

(11) EMPLOYMENT-RELATED ACTIVITIES.—The term ‘‘employ­ ment-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 selfemployment, in integrated settings in a community.

(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 disabil­ ities, that are designed to— (i) strengthen the family’s role as primary care­ giver; (ii) prevent inappropriate out-of-the-home place­ ment of the members and maintain family unity; and (iii) reunite families with members who have been placed out of the home whenever possible.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1685

(B) SPECIFIC SERVICES.—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 care­ givers, vehicular and home modifications, and assistance with extraordinary expenses, associated with the needs of individuals with developmental disabilities.

(13) HEALTH-RELATED ACTIVITIES.—The term ‘‘health­ related activities’’ means advocacy, capacity building, and sys­ temic change activities that result in individuals with develop­ mental disabilities having access to and use of coordinated health, dental, mental health, and other human and social services, including prevention activities, in their communities.

(14) HOUSING-RELATED ACTIVITIES.—The term ‘‘housing­ related activities’’ means advocacy, capacity building, and sys­ temic change activities that result in individuals with develop­ mental 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 apart­ ment or home.

(15) INCLUSION.—The term ‘‘inclusion’’, used with respect to individuals with developmental disabilities, means the acceptance and encouragement of the presence and participa­ tion of individuals with developmental disabilities, by individ­ uals without disabilities, in social, educational, work, and community activities, that enables individuals with develop­ mental 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 disabil­ ities, 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 dis­ ability 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 individ­ ual’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;

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1686

PUBLIC LAW 106–402—OCT. 30, 2000 (iv) family support services; (v) supported employment services; (vi) support services for families headed by aging caregivers of individuals with developmental disabil­ ities; and (vii) provision of rehabilitation technology and assistive technology, and assistive technology services.

(17) INTEGRATION.—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.

(18) NOT-FOR-PROFIT.—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.

(19) PERSONAL ASSISTANCE SERVICES.—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.

(20) PREVENTION ACTIVITIES.—The term ‘‘prevention activi­ ties’’ 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 pre­ dispose 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.—The term ‘‘protection and advocacy system’’ means a protection and advocacy system established in accordance with section 143.

(23) QUALITY ASSURANCE ACTIVITIES.—The term ‘‘quality assurance activities’’ means advocacy, capacity building, and systemic change activities that result in improved consumerand family-centered quality assurance and that result in sys­ tems of quality assurance and consumer protection that— (A) include monitoring of services, supports, and assist­ ance provided to an individual with developmental disabil­ ities that ensures that the individual—

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1687

(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 coordina­ tion and systems integration that result in improved and enhanced services, supports, and other assistance that con­ tribute 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.—The term ‘‘recre­ ation-related activities’’ means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of rec­ reational, leisure, and social activities, in their communities.

(25) REHABILITATION TECHNOLOGY.—The term ‘‘rehabilita­ tion technology’’ means the systematic application of tech­ nologies, 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, inde­ pendent living, and recreation. Such term includes rehabilita­ tion engineering, and the provision of assistive technology devices and assistive technology services.

(26) SECRETARY.—The term ‘‘Secretary’’ means the Sec­ retary of Health and Human Services.

(27) SELF-DETERMINATION ACTIVITIES.—The term ‘‘self­ determination activities’’ means activities that result in individ­ uals with developmental disabilities, with appropriate assist­ ance, 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 coali­ tions, to educate policymakers, and to play a role in the development of public policies that affect individuals with developmental disabilities.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00011

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1688

PUBLIC LAW 106–402—OCT. 30, 2000

(28) STATE.—The term ‘‘State’’, except as otherwise pro­ vided, 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, Amer­ ican Samoa, and the Commonwealth of the Northern Mariana Islands.

(29) STATE COUNCIL ON DEVELOPMENTAL DISABILITIES.— The term ‘‘State Council on Developmental Disabilities’’ means a Council established under section 125.

(30) SUPPORTED EMPLOYMENT SERVICES.—The term ‘‘sup­ ported employment services’’ means services that enable individuals with developmental disabilities to perform competi­ tive 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 inter­ rupted 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.—The term ‘‘transportation-related activities’’ means advocacy, capacity building, and systemic change activities that result in individ­ uals with developmental disabilities having access to and use of transportation.

(32) UNSERVED AND UNDERSERVED.—The term ‘‘unserved and underserved’’ includes populations such as individuals from racial and ethnic minority backgrounds, disadvantaged individ­ uals, individuals with limited English proficiency, individuals from underserved geographic areas (rural or urban), and spe­ cific groups of individuals within the population of individuals with developmental disabilities, including individuals who require assistive technology in order to participate in and con­ tribute to community life.

42 USC 15003.

SEC. 103. RECORDS AND AUDITS.

(a) RECORDS.—Each recipient of assistance under this title shall keep such records as the Secretary shall prescribe, including— (1) records that fully disclose— (A) the amount and disposition by such recipient of the assistance; (B) the total cost of the project or undertaking in connection with which such assistance is given or used; and (C) the amount of that portion of the cost of the project or undertaking that is supplied by other sources; and (2) such other records as will facilitate an effective audit. (b) ACCESS.—The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of assistance under this title that are pertinent to such assistance.

42 USC 15004.

SEC. 104. RESPONSIBILITIES OF THE SECRETARY.

(a) PROGRAM ACCOUNTABILITY.—

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00012

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1689

(1) IN GENERAL.—In order to monitor entities that received funds under this Act to carry out activities under subtitles B, C, and D and determine the extent to which the entities have been responsive to the purpose of this title and have taken actions consistent with the policy described in section 101(c), the Secretary shall develop and implement an account­ ability process as described in this subsection, with respect to activities conducted after October 1, 2001.

(2) AREAS OF EMPHASIS.—The Secretary shall develop a process for identifying and reporting (pursuant to section 105) on progress achieved through advocacy, capacity building, and systemic change activities, undertaken by the entities described in paragraph (1), that resulted in individuals with develop­ mental disabilities and their families participating in the design of and having access to needed community services, individual­ ized supports, and other forms of assistance that promote selfdetermination, independence, productivity, and integration and inclusion in all facets of community life. Specifically, the Sec­ retary shall develop a process for identifying and reporting on progress achieved, through advocacy, capacity building, and systemic change activities, by the entities in the areas of emphasis.

(3) INDICATORS OF PROGRESS.— (A) IN GENERAL.—In identifying progress made by the entities described in paragraph (1) in the areas of emphasis, the Secretary, in consultation with the Commissioner of the Administration on Developmental Disabilities and the entities, shall develop indicators for each area of emphasis.

(B) PROPOSED INDICATORS.—Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and publish in the Federal Register for public comment proposed indicators of progress for monitoring how entities described in paragraph (1) have addressed the areas of emphasis described in paragraph (2) in a manner that is responsive to the purpose of this title and consistent with the policy described in section 101(c).

(C) FINAL INDICATORS.—Not later than October 1, 2001, the Secretary shall revise the proposed indicators of progress, to the extent necessary based on public comment, and publish final indicators of progress in the Federal Register.

(D) SPECIFIC MEASURES.—At a minimum, the indicators of progress shall be used to describe and measure— (i) the satisfaction of individuals with develop­ mental disabilities with the advocacy, capacity building, and systemic change activities provided under subtitles B, C, and D; (ii) the extent to which the advocacy, capacity building, and systemic change activities provided through subtitles B, C, and D result in improvements in— (I) the ability of individuals with develop­ mental disabilities to make choices and exert con­ trol over the type, intensity, and timing of services, supports, and assistance that the individuals have used;

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00013

Fmt 6580

Sfmt 6581

Deadline.

Federal Register, publication.

Deadline.

Federal Register, publication.

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1690

Deadline.

Federal Register, publication.

Deadline.

42 USC 15005.

PUBLIC LAW 106–402—OCT. 30, 2000

(II) the ability of individuals with develop­ mental disabilities to participate in the full range of community life with persons of the individuals’ choice; and (III) the ability of individuals with develop­ mental disabilities to access services, supports, and assistance in a manner that ensures that such an individual is free from abuse, neglect, sexual and financial exploitation, violation of legal and human rights, and the inappropriate use of restraints and seclusion; and (iii) the extent to which the entities described in paragraph (1) collaborate with each other to achieve the purpose of this title and the policy described in section 101(c).

(4) TIME LINE FOR COMPLIANCE WITH INDICATORS OF PROGRESS.—The Secretary shall require entities described in paragraph (1) to meet the indicators of progress described in paragraph (3). For fiscal year 2002 and each year thereafter, the Secretary shall apply the indicators in monitoring entities described in paragraph (1), with respect to activities conducted after October 1, 2001. (b) TIME LINE FOR REGULATIONS.—Except as otherwise expressly provided in this title, the Secretary, not later than 1 year after the date of enactment of this Act, shall promulgate such regulations as may be required for the implementation of this title. (c) INTERAGENCY COMMITTEE.— (1) IN GENERAL.—The Secretary shall maintain the inter­ agency committee authorized in section 108 of the Develop­ mental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6007) as in effect on the day before the date of enactment of this Act, except as otherwise provided in this subsection.

(2) COMPOSITION.—The interagency committee shall be composed of representatives of— (A) the Administration on Developmental Disabilities, the Administration on Children, Youth, and Families, the Administration on Aging, and the Health Resources and Services Administration, of the Department of Health and Human Services; and (B) such other Federal departments and agencies as the Secretary of Health and Human Services considers to be appropriate.

(3) DUTIES.—Such interagency committee shall meet regu­ larly to coordinate and plan activities conducted by Federal departments and agencies for individuals with developmental disabilities.

(4) MEETINGS.—Each meeting of the interagency committee (except for any meetings of any subcommittees of the com­ mittee) shall be open to the public. Notice of each meeting, and a statement of the agenda for the meeting, shall be pub­ lished in the Federal Register not later than 14 days before the date on which the meeting is to occur.

SEC. 105. REPORTS OF THE SECRETARY.

At least once every 2 years, the Secretary, using information submitted in the reports and information required under subtitles

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00014

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1691

B, C, D, and E, shall prepare and submit to the President, Congress, and the National Council on Disability, a report that describes the goals and outcomes of programs supported under subtitles B, C, D, and E. In preparing the report, the Secretary shall provide— (1) meaningful examples of how the councils, protection

and advocacy systems, centers, and entities funded under sub­ titles B, C, D, and E, respectively—

(A) have undertaken coordinated activities with each other; (B) have enhanced the ability of individuals with developmental disabilities and their families to participate in the design of and have access to needed community services, individualized supports, and other forms of assist­ ance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life; (C) have brought about advocacy, capacity building, and systemic change activities (including policy reform), and other actions on behalf of individuals with develop­ mental disabilities and their families, including individuals who are traditionally unserved or underserved, particularly individuals who are members of ethnic and racial minority groups and individuals from underserved geographic areas; and (D) have brought about advocacy, capacity building, and systemic change activities that affect individuals with disabilities other than individuals with developmental disabilities; (2) information on the extent to which programs authorized

under this title have addressed—

(A) protecting individuals with developmental disabil­ ities from abuse, neglect, sexual and financial exploitation, and violations of legal and human rights, so that those individuals are at no greater risk of harm than other persons in the general population; and (B) reports of deaths of and serious injuries to individ­ uals with developmental disabilities; and (3) a summary of any incidents of noncompliance of the

programs authorized under this title with the provisions of

this title, and corrections made or actions taken to obtain

compliance.

SEC. 106. STATE CONTROL OF OPERATIONS.

42 USC 15006.

Except as otherwise specifically provided, nothing in this title shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administra­ tion, personnel, maintenance, or operation of any programs, serv­ ices, and supports for individuals with developmental disabilities with respect to which any funds have been or may be expended under this title.

SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.

42 USC 15007.

As a condition of providing assistance under this title, the Secretary shall require that each recipient of such assistance take affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms and conditions required with respect to the employment of such individuals under the provisions of title V of the Rehabilitation Act of 1973 (29

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00015

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1692

PUBLIC LAW 106–402—OCT. 30, 2000

U.S.C. 791 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), that govern employment.

42 USC 15008.

SEC. 108. CONSTRUCTION.

Nothing in this title shall be construed to preclude an entity funded under this title from engaging in advocacy, capacity building, and systemic change activities for individuals with developmental disabilities that may also have a positive impact on individuals with other disabilities.

42 USC 15009.

SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABIL­ ITIES.

(a) IN GENERAL.—Congress makes the following findings respecting the rights of individuals with developmental disabilities: (1) Individuals with developmental disabilities have a right to appropriate treatment, services, and habilitation for such disabilities, consistent with section 101(c).

(2) The treatment, services, and habitation for an individual with developmental disabilities should be designed to maximize the potential of the individual and should be provided in the setting that is least restrictive of the individual’s personal liberty.

(3) The Federal Government and the States both have an obligation to ensure that public funds are provided only to institutional programs, residential programs, and other community programs, including educational programs in which individuals with developmental disabilities participate, that— (A) provide treatment, services, and habilitation that are appropriate to the needs of such individuals; and (B) meet minimum standards relating to— (i) provision of care that is free of abuse, neglect, sexual and financial exploitation, and violations of legal and human rights and that subjects individuals with developmental disabilities to no greater risk of harm than others in the general population; (ii) provision to such individuals of appropriate and sufficient medical and dental services; (iii) prohibition of the use of physical restraint and seclusion for such an individual unless absolutely necessary to ensure the immediate physical safety of the individual or others, and prohibition of the use of such restraint and seclusion as a punishment or as a substitute for a habilitation program; (iv) prohibition of the excessive use of chemical restraints on such individuals and the use of such restraints as punishment or as a substitute for a habili­ tation program or in quantities that interfere with services, treatment, or habilitation for such individuals; and (v) provision for close relatives or guardians of such individuals to visit the individuals without prior notice.

(4) All programs for individuals with developmental disabil­ ities should meet standards— (A) that are designed to assure the most favorable possible outcome for those served; and (B)(i) in the case of residential programs serving individuals in need of comprehensive health-related,

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00016

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1693

habilitative, assistive technology or rehabilitative services, that are at least equivalent to those standards applicable to intermediate care facilities for the mentally retarded, promulgated in regulations of the Secretary on June 3, 1988, as appropriate, taking into account the size of the institutions and the service delivery arrangements of the facilities of the programs; (ii) in the case of other residential programs for individ­ uals with developmental disabilities, that assure that— (I) care is appropriate to the needs of the individ­ uals being served by such programs; (II) the individuals admitted to facilities of such programs are individuals whose needs can be met through services provided by such facilities; and (III) the facilities of such programs provide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and (iii) in the case of nonresidential programs, that assure that the care provided by such programs is appropriate to the individuals served by the programs. (b) CLARIFICATION.—The rights of individuals with develop­ mental disabilities described in findings made in this section shall be considered to be in addition to any constitutional or other rights otherwise afforded to all individuals.

Subtitle B—Federal Assistance to State

Councils on Developmental Disabilities

SEC. 121. PURPOSE.

42 USC 15021.

The purpose of this subtitle is to provide for allotments to support State Councils on Developmental Disabilities (referred to individually in this subtitle as a ‘‘Council’’) in each State to— (1) engage in advocacy, capacity building, and systemic

change activities that are consistent with the purpose described

in section 101(b) and the policy described in section 101(c);

and

(2) contribute to a coordinated, consumer- and family-cen­ tered, consumer- and family-directed, comprehensive system

of community services, individualized supports, and other forms

of assistance that enable individuals with developmental

disabilities to exercise self-determination, be independent, be

productive, and be integrated and included in all facets of

community life.

SEC. 122. STATE ALLOTMENTS.

42 USC 15022.

(a) ALLOTMENTS.— (1) IN GENERAL.— (A) AUTHORITY.—For each fiscal year, the Secretary shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under section 129 among the States on the basis of— (i) the population; (ii) the extent of need for services for individuals with developmental disabilities; and (iii) the financial need,

of the respective States.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00017

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1694

Deadline.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

PUBLIC LAW 106–402—OCT. 30, 2000 (B) USE OF FUNDS.—Sums allotted to the States under this section shall be used to pay for the Federal share of the cost of carrying out projects in accordance with State plans approved under section 124 for the provision under such plans of services for individuals with develop­ mental disabilities.

(2) ADJUSTMENTS.—The Secretary may make adjustments in the amounts of State allotments based on clauses (i), (ii), and (iii) of paragraph (1)(A) not more often than annually.

The Secretary shall notify each State of any adjustment made under this paragraph and the percentage of the total sums appropriated under section 129 that the adjusted allotment represents not later than 6 months before the beginning of the fiscal year in which such adjustment is to take effect.

(3) MINIMUM ALLOTMENT FOR APPROPRIATIONS LESS THAN OR EQUAL TO $70,000,000.— (A) IN GENERAL.—Except as provided in paragraph (4), for any fiscal year the allotment under this section— (i) to each of American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands may not be less than $210,000; and (ii) to any State not described in clause (i) may not be less than $400,000.

(B) REDUCTION OF ALLOTMENT.—Notwithstanding subparagraph (A), if the aggregate of the amounts to be allotted to the States pursuant to subparagraph (A) for any fiscal year exceeds the total amount appropriated under section 129 for such fiscal year, the amount to be allotted to each State for such fiscal year shall be propor­ tionately reduced.

(4) MINIMUM ALLOTMENT FOR APPROPRIATIONS IN EXCESS OF $70,000,000.— (A) IN GENERAL.—In any case in which the total amount appropriated under section 129 for a fiscal year is more than $70,000,000, the allotment under this section for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands may not be less than $220,000; and (ii) to any State not described in clause (i) may not be less than $450,000.

(B) REDUCTION OF ALLOTMENT.—The requirements of paragraph (3)(B) shall apply with respect to amounts to be allotted to States under subparagraph (A), in the same manner and to the same extent as such requirements apply with respect to amounts to be allotted to States under paragraph (3)(A).

(5) STATE SUPPORTS, SERVICES, AND OTHER ACTIVITIES.— In determining, for purposes of paragraph (1)(A)(ii), the extent of need in any State for services for individuals with develop­ mental disabilities, the Secretary shall take into account the scope and extent of the services, supports, and assistance described, pursuant to section 124(c)(3)(A), in the State plan of the State.

Jkt 089139

PO 00402

Frm 00018

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1695

(6) INCREASE IN ALLOTMENTS.—In any year in which the total amount appropriated under section 129 for a fiscal year exceeds the total amount appropriated under such section (or a corresponding provision) for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 100(c)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the percentage change indicates an increase), the Secretary shall increase each of the minimum allotments described in paragraphs (3) and (4). The Secretary shall increase each minimum allotment by an amount that bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph (or a corresponding provision) for prior fiscal years) as the amount that is equal to the difference between— (A) the total amount appropriated under section 129 for the fiscal year for which the increase in the minimum allotment is being made; minus (B) the total amount appropriated under section 129 (or a corresponding provision) for the immediately pre­ ceding fiscal year, bears to the total amount appropriated under section 129 (or a corresponding provision) for such preceding fiscal year. (b) UNOBLIGATED FUNDS.—Any amount paid to a State for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the next fiscal year for the purposes for which such amount was paid. (c) OBLIGATION OF FUNDS.—For the purposes of this subtitle, State Interagency Agreements are considered valid obligations for the purpose of obligating Federal funds allotted to the State under this subtitle. (d) COOPERATIVE EFFORTS BETWEEN STATES.—If a State plan approved in accordance with section 124 provides for cooperative or joint effort between or among States or agencies, public or private, in more than 1 State, portions of funds allotted to 1 or more States described in this subsection may be combined in accord­ ance with the agreements between the States or agencies involved. (e) REALLOTMENTS.— (1) IN GENERAL.—If the Secretary determines that an amount of an allotment to a State for a period (of a fiscal year or longer) will not be required by the State during the period for the purpose for which the allotment was made, the Secretary may reallot the amount.

(2) TIMING.—The Secretary may make such a reallotment from time to time, on such date as the Secretary may fix, but not earlier than 30 days after the Secretary has published notice of the intention of the Secretary to make the reallotment in the Federal Register.

(3) AMOUNTS.—The Secretary shall reallot the amount to other States with respect to which the Secretary has not made that determination. The Secretary shall reallot the amount in proportion to the original allotments of the other States for such fiscal year, but shall reduce such proportionate amount for any of the other States to the extent the proportionate amount exceeds the sum that the Secretary estimates the State needs and will be able to use during such period.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00019

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1696

PUBLIC LAW 106–402—OCT. 30, 2000

(4) REALLOTMENT OF REDUCTIONS.—The Secretary shall similarly reallot the total of the reductions among the States whose proportionate amounts were not so reduced.

(5) TREATMENT.—Any amount reallotted to a State under this subsection for a fiscal year shall be deemed to be a part of the allotment of the State under subsection (a) for such fiscal year.

42 USC 15023.

SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRA­ TION, AND SERVICES.

(a) STATE PLAN EXPENDITURES.—From each State’s allotments for a fiscal year under section 122, the Secretary shall pay to the State the Federal share of the cost, other than the cost for construction, incurred during such year for activities carried out under the State plan approved under section 124. The Secretary shall make such payments from time to time in advance on the basis of estimates by the Secretary of the sums the State will expend for the cost under the State plan. The Secretary shall make such adjustments as may be necessary to the payments on account of previously made underpayments or overpayments under this section. (b) DESIGNATED STATE AGENCY EXPENDITURES.—The Secretary may make payments to a State for the portion described in section 124(c)(5)(B)(vi) in advance or by way of reimbursement, and in such installments as the Secretary may determine.

42 USC 15024.

SEC. 124. STATE PLAN.

(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 develop­ mental disabilities and their families under other federally assisted State programs, plans, and policies under which the State operates and in which individuals with develop­ mental disabilities are or may be eligible to participate, including particularly programs relating to the areas of emphasis, including—

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00020

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1697

(i) medical assistance, maternal and child health care, services for children with special health care needs, children’s mental health services, comprehen­ sive health and mental health services, and institu­ tional care options; (ii) job training, job placement, worksite accommo­ dation, 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 oper­ ating 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 develop­ mental disabilities; (C) an analysis of the extent to which community serv­ ices 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 commu­ nities, 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 disabil­ ities 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 tech­ nology, or information about assistive technology, assistive technology services, or rehabilitation tech­ nology 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

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00021

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1698

PUBLIC LAW 106–402—OCT. 30, 2000 Security Act (42 U.S.C. 1396a(a)(30)(C))) of an Inter­ mediate 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 mecha­ nisms, collaborated with the entity funded under this sub­ title in the State, each other, and other entities to con­ tribute 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 individ­ uals 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 2002, shall be consistent with applicable indicators of progress described in sec­ tion 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.—

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00022

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1699

(A) IN GENERAL.—The plan shall contain or be sup­ ported by assurances and information described in subpara­ graphs (B) through (N) that are satisfactory to the Sec­ retary.

(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 sub­ divisions of the State; (iii) such funds will be used to supplement, and not supplant, the non-Federal funds that would other­ wise 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 pur­ pose 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.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00023

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1700

PUBLIC LAW 106–402—OCT. 30, 2000 (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 stand­ ards, 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 develop­ mental 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 deter­ mined by the Secretary after consultation with the Sec­ retary of Labor) will be provided to protect the interests of employees affected by actions taken under the plan to provide community living activities, including arrange­ ments 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 assur­ ances 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 assur­ ances 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 des­ ignated State agency shall have the authority necessary to carry out the responsibilities described in section 125(d)(3).

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00024

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1701

(M) STATE QUALITY ASSURANCE.—The plan shall pro­ vide 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 take into account and respond to significant comments.

(2) CONSULTATION WITH THE DESIGNATED STATE AGENCY.— Before the plan is submitted to the Secretary, the Council shall consult with the designated State agency to ensure that the State plan is consistent with State law and to obtain appropriate State plan assurances.

(3) PLAN APPROVAL.—The Secretary shall approve any State plan and, as appropriate, amendments of such plan that comply with the provisions of subsections (a), (b), and (c) and this subsection. The Secretary may take final action to disapprove a State plan after providing reasonable notice and an oppor­ tunity for a hearing to the State.

SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND DESIGNATED STATE AGENCIES.

42 USC 15025.

(a) IN GENERAL.—Each State that receives assistance under this subtitle shall establish and maintain a Council to undertake advocacy, capacity building, and systemic change activities (con­ sistent with subsections (b) and (c) of section 101) that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that con­ tribute to the achievement of the purpose of this subtitle. The Council shall have the authority to fulfill the responsibilities described in subsection (c). (b) COUNCIL MEMBERSHIP.— (1) COUNCIL APPOINTMENTS.— (A) IN GENERAL.—The members of the Council of a State shall be appointed by the Governor of the State from among the residents of that State.

(B) RECOMMENDATIONS.—The Governor shall select members of the Council, at the discretion of the Governor, after soliciting recommendations from organizations rep­ resenting a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities, including the non-State agency members of the Council. The Council may, at the initiative of the Council, or on the request of the Governor, coordinate Council and public input to the Governor regarding all recommendations.

(C) REPRESENTATION.—The membership of the Council shall be geographically representative of the State and

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00025

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1702

PUBLIC LAW 106–402—OCT. 30, 2000 reflect the diversity of the State with respect to race and ethnicity.

(2) MEMBERSHIP ROTATION.—The Governor shall make appropriate provisions to rotate the membership of the Council.

Such provisions shall allow members to continue to serve on the Council until such members’ successors are appointed. The Council shall notify the Governor regarding membership requirements of the Council, and shall notify the Governor when vacancies on the Council remain unfilled for a significant period of time.

(3) REPRESENTATION OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.—Not less than 60 percent of the membership of each Council shall consist of individuals who are— (A)(i) individuals with developmental disabilities; (ii) parents or guardians of children with develop­ mental disabilities; or (iii) immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves; and (B) not employees of a State agency that receives funds or provides services under this subtitle, and who are not managing employees (as defined in section 1126(b) of the Social Security Act (42 U.S.C. 1320a–5(b)) of any other entity that receives funds or provides services under this subtitle.

(4) REPRESENTATION OF AGENCIES AND ORGANIZATIONS.— (A) IN GENERAL.—Each Council shall include— (i) representatives of relevant State entities, including— (I) State entities that administer funds pro­ vided under Federal laws related to individuals with disabilities, including the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), and titles V and XIX of the Social Security Act (42 U.S.C. 701 et seq. and 1396 et seq.); (II) Centers in the State; and (III) the State protection and advocacy system; and (ii) representatives, at all times, of local and non­ governmental agencies, and private nonprofit groups concerned with services for individuals with develop­ mental disabilities in the State in which such agencies and groups are located.

(B) AUTHORITY AND LIMITATIONS.—The representatives described in subparagraph (A) shall— (i) have sufficient authority to engage in policy planning and implementation on behalf of the depart­ ment, agency, or program such representatives rep­ resent; and (ii) recuse themselves from any discussion of grants or contracts for which such representatives’ departments, agencies, or programs are grantees, con­ tractors, or applicants and comply with the conflict

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00026

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1703

of interest assurance requirement under section 124(c)(5)(D).

(5) COMPOSITION OF MEMBERSHIP WITH DEVELOPMENTAL DISABILITIES.—Of the members of the Council described in para­ graph (3)— (A) 1⁄3 shall be individuals with developmental disabil­ ities described in paragraph (3)(A)(i); (B) 1⁄3 shall be parents or guardians of children with developmental disabilities described in paragraph (3)(A)(ii), or immediate relatives or guardians of adults with develop­ mental disabilities described in paragraph (3)(A)(iii); and (C) 1⁄3 shall be a combination of individuals described in paragraph (3)(A).

(6) INSTITUTIONALIZED INDIVIDUALS.— (A) IN GENERAL.—Of the members of the Council described in paragraph (5), at least 1 shall be an immediate relative or guardian of an individual with a developmental disability who resides or previously resided in an institution or shall be an individual with a developmental disability who resides or previously resided in an institution.

(B) LIMITATION.—Subparagraph (A) shall not apply with respect to a State if such an individual does not reside in that State. (c) COUNCIL RESPONSIBILITIES.— (1) IN GENERAL.—A Council, through Council members, staff, consultants, contractors, or subgrantees, shall have the responsibilities described in paragraphs (2) through (10).

(2) ADVOCACY, CAPACITY BUILDING, AND SYSTEMIC CHANGE ACTIVITIES.—The Council shall serve as an advocate for individ­ uals with developmental disabilities and conduct or support programs, projects, and activities that carry out the purpose of this subtitle.

(3) EXAMINATION OF GOALS.—At the end of each grant year, each Council shall— (A) determine the extent to which each goal of the Council was achieved for that year; (B) determine to the extent that each goal was not achieved, the factors that impeded the achievement; (C) determine needs that require amendment of the 5-year strategic State plan required under section 124; (D) separately determine the information on the selfadvocacy goal described in section 124(c)(4)(A)(ii); and (E) determine customer satisfaction with Council sup­ ported or conducted activities.

(4) STATE PLAN DEVELOPMENT.—The Council shall develop the State plan and submit the State plan to the Secretary after consultation with the designated State agency under the State plan. Such consultation shall be solely for the purposes of obtaining State assurances and ensuring consistency of the plan with State law.

(5) STATE PLAN IMPLEMENTATION.— (A) IN GENERAL.—The Council shall implement the State plan by conducting and supporting advocacy, capacity building, and systemic change activities such as those described in subparagraphs (B) through (L).

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00027

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1704

PUBLIC LAW 106–402—OCT. 30, 2000 (B) OUTREACH.—The Council may support and conduct outreach activities to identify individuals with develop­ mental disabilities and their families who otherwise might not come to the attention of the Council and assist and enable the individuals and families to obtain services, individualized supports, and other forms of assistance, including access to special adaptation of generic community services or specialized services.

(C) TRAINING.—The Council may support and conduct training for persons who are individuals with develop­ mental disabilities, their families, and personnel (including professionals, paraprofessionals, students, volunteers, and other community members) to enable such persons to obtain access to, or to provide, community services, individ­ ualized supports, and other forms of assistance, including special adaptation of generic community services or special­ ized services for individuals with developmental disabilities and their families. To the extent that the Council supports or conducts training activities under this subparagraph, such activities shall contribute to the achievement of the purpose of this subtitle.

(D) TECHNICAL ASSISTANCE.—The Council may support and conduct technical assistance activities to assist public and private entities to contribute to the achievement of the purpose of this subtitle.

(E) SUPPORTING AND EDUCATING COMMUNITIES.—The Council may support and conduct activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families— (i) by encouraging local networks to provide informal and formal supports; (ii) through education; and (iii) by enabling neighborhoods and communities to offer such individuals and their families access to and use of services, resources, and opportunities.

(F) INTERAGENCY COLLABORATION AND COORDINATION.—The Council may support and conduct activities to promote interagency collaboration and coordination to better serve, support, assist, or advocate for individuals with developmental disabilities and their families.

(G) COORDINATION WITH RELATED COUNCILS, COMMIT­ TEES, AND PROGRAMS.—The Council may support and con­ duct activities to enhance coordination of services with— (i) other councils, entities, or committees, author­ ized by Federal or State law, concerning individuals with disabilities (such as the State interagency coordi­ nating council established under subtitle C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), the State Rehabilitation Council and the Statewide Independent Living Council established under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the State mental health planning council established under subtitle B of title XIX of the Public Health Service Act (42 U.S.C. 300x–1 et seq.), and the activities authorized under section 101 or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00028

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1705

3012), and entities carrying out other similar councils, entities, or committees); (ii) parent training and information centers under part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq.) and other entities carrying out federally funded projects that assist parents of children with disabilities; and (iii) other groups interested in advocacy, capacity building, and systemic change activities to benefit individuals with disabilities.

(H) BARRIER ELIMINATION, SYSTEMS DESIGN AND REDESIGN.—The Council may support and conduct activities to eliminate barriers to access and use of community serv­ ices by individuals with developmental disabilities, enhance systems design and redesign, and enhance citizen participa­ tion to address issues identified in the State plan.

(I) COALITION DEVELOPMENT AND CITIZEN PARTICIPATION.—The Council may support and conduct activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families and to develop and support coalitions that support the policy agenda of the Council, including training in self-advocacy, education of policymakers, and citizen leadership skills.

(J) INFORMING POLICYMAKERS.—The Council may sup­ port and conduct activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations. The Council may provide the information directly to Federal, State, and local policymakers, including Congress, the Fed­ eral executive branch, the Governors, State legislatures, and State agencies, in order to increase the ability of such policymakers to offer opportunities and to enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families.

(K) DEMONSTRATION OF NEW APPROACHES TO SERVICES AND SUPPORTS.— (i) IN GENERAL.—The Council may support and conduct, on a time-limited basis, activities to dem­ onstrate new approaches to serving individuals with developmental disabilities that are a part of an overall strategy for systemic change. The strategy may involve the education of policymakers and the public about how to deliver effectively, to individuals with develop­ mental disabilities and their families, services, sup­ ports, and assistance that contribute to the achieve­ ment of the purpose of this subtitle. (ii) SOURCES OF FUNDING.—The Council may carry out this subparagraph by supporting and conducting demonstration activities through sources of funding other than funding provided under this subtitle, and by assisting entities conducting demonstration activi­ ties to develop strategies for securing funding from other sources.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00029

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1706

PUBLIC LAW 106–402—OCT. 30, 2000 (L) OTHER ACTIVITIES.—The Council may support and conduct other advocacy, capacity building, and systemic change activities to promote the development of a coordi­ nated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community serv­ ices, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of this subtitle.

(6) REVIEW OF DESIGNATED STATE AGENCY.—The Council shall periodically review the designated State agency and activi­ ties carried out under this subtitle by the designated State agency and make any recommendations for change to the Gov­ ernor.

(7) REPORTS.—Beginning in fiscal year 2002, the Council shall annually prepare and transmit to the Secretary a report.

Each report shall be in a form prescribed by the Secretary by regulation under section 104(b). Each report shall contain information about the progress made by the Council in achieving the goals of the Council (as specified in section 124(c)(4)), including— (A) a description of the extent to which the goals were achieved; (B) a description of the strategies that contributed to achieving the goals; (C) to the extent to which the goals were not achieved, a description of factors that impeded the achievement; (D) separate information on the self-advocacy goal described in section 124(c)(4)(A)(ii); (E)(i) as appropriate, an update on the results of the comprehensive review and analysis described in section 124(c)(3); and (ii) information on consumer satisfaction with Council supported or conducted activities; (F)(i) a description of the adequacy of health care and other services, supports, and assistance that individuals with developmental disabilities in Intermediate Care Facili­ ties (Mental Retardation) receive; and (ii) a description of the adequacy of health care and other services, supports, and assistance that individuals with developmental disabilities served through home and community-based waivers (authorized under section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) receive; (G) an accounting of the manner in which funds paid to the State under this subtitle for a fiscal year were expended; (H) a description of— (i) resources made available to carry out activities to assist individuals with developmental disabilities that are directly attributable to Council actions; and (ii) resources made available for such activities that are undertaken by the Council in collaboration with other entities; and (I) a description of the method by which the Council will widely disseminate the annual report to affected constituencies and the general public and will assure that the report is available in accessible formats.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00030

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1707

(8) BUDGET.—Each Council shall prepare, approve, and implement a budget using amounts paid to the State under this subtitle to fund and implement all programs, projects, and activities carried out under this subtitle, including— (A)(i) conducting such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council; and (ii) as determined in Council policy— (I) reimbursing members of the Council for reason­ able and necessary expenses (including expenses for child care and personal assistance services) for attending Council meetings and performing Council duties; (II) paying a stipend to a member of the Council, if such member is not employed or must forfeit wages from other employment, to attend Council meetings and perform other Council duties; (III) supporting Council member and staff travel to authorized training and technical assistance activi­ ties including in-service training and leadership development activities; and (IV) carrying out appropriate subcontracting activi­ ties; (B) hiring and maintaining such numbers and types of staff (qualified by training and experience) and obtaining the services of such professional, consulting, technical, and clerical staff (qualified by training and experience), con­ sistent with State law, as the Council determines to be necessary to carry out the functions of the Council under this subtitle, except that such State shall not apply hiring freezes, reductions in force, prohibitions on travel, or other policies to the staff of the Council, to the extent that such policies would impact the staff or functions funded with Federal funds, or would prevent the Council from carrying out the functions of the Council under this sub­ title; and (C) directing the expenditure of funds for grants, con­ tracts, interagency agreements that are binding contracts, and other activities authorized by the State plan approved under section 124.

(9) STAFF HIRING AND SUPERVISION.—The Council shall, consistent with State law, recruit and hire a Director of the Council, should the position of Director become vacant, and supervise and annually evaluate the Director. The Director shall hire, supervise, and annually evaluate the staff of the Council. Council recruitment, hiring, and dismissal of staff shall be conducted in a manner consistent with Federal and State nondiscrimination laws. Dismissal of personnel shall be conducted in a manner consistent with State law and personnel policies.

(10) STAFF ASSIGNMENTS.—The staff of the Council, while working for the Council, shall be responsible solely for assisting the Council in carrying out the duties of the Council under this subtitle and shall not be assigned duties by the designated State agency or any other agency or entity of the State.

(11) CONSTRUCTION.—Nothing in this title shall be con­ strued to authorize a Council to direct, control, or exercise

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00031

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1708

PUBLIC LAW 106–402—OCT. 30, 2000 any policymaking authority or administrative authority over any program assisted under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (d) DESIGNATED STATE AGENCY.— (1) IN GENERAL.—Each State that receives assistance under this subtitle shall designate a State agency that shall, on behalf of the State, provide support to the Council. After the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994 (Public Law 103–230), any designation of a State agency under this paragraph shall be made in accordance with the requirements of this subsection.

(2) DESIGNATION.— (A) TYPE OF AGENCY.—Except as provided in this sub­ section, the designated State agency shall be— (i) the Council if such Council may be the des­ ignated State agency under the laws of the State; (ii) a State agency that does not provide or pay for services for individuals with developmental disabil­ ities; or (iii) a State office, including the immediate office of the Governor of the State or a State planning office.

(B) CONDITIONS FOR CONTINUATION OF STATE SERVICE AGENCY DESIGNATION.— (i) DESIGNATION BEFORE ENACTMENT.—If a State agency that provides or pays for services for individuals with developmental disabilities was a designated State agency for purposes of part B of the Developmental Disabilities Assistance and Bill of Rights Act on the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994, and the Governor of the State (or the legislature, where appropriate and in accordance with State law) deter­ mines prior to June 30, 1994, not to change the des­ ignation of such agency, such agency may continue to be a designated State agency for purposes of this subtitle. (ii) CRITERIA FOR CONTINUED DESIGNATION.—The determination, at the discretion of the Governor (or the legislature, as the case may be), shall be made after— (I) the Governor has considered the comments and recommendations of the general public and a majority of the non-State agency members of the Council with respect to the designation of such State agency; and (II) the Governor (or the legislature, as the case may be) has made an independent assessment that the designation of such agency will not inter­ fere with the budget, personnel, priorities, or other action of the Council, and the ability of the Council to serve as an independent advocate for individuals with developmental disabilities.

(C) REVIEW OF DESIGNATION.—The Council may request a review of and change in the designation of the designated State agency by the Governor (or the legislature, as the case may be). The Council shall provide documentation

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00032

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1709

concerning the reason the Council desires a change to be made and make a recommendation to the Governor (or the legislature, as the case may be) regarding a pre­ ferred designated State agency.

(D) APPEAL OF DESIGNATION.—After the review is com­ pleted under subparagraph (C), a majority of the nonState agency members of the Council may appeal to the Secretary for a review of and change in the designation of the designated State agency if the ability of the Council to serve as an independent advocate is not assured because of the actions or inactions of the designated State agency.

(3) RESPONSIBILITIES.— (A) IN GENERAL.—The designated State agency shall, on behalf of the State, have the responsibilities described in subparagraphs (B) through (G).

(B) SUPPORT SERVICES.—The designated State agency shall provide required assurances and support services as requested by and negotiated with the Council.

(C) FISCAL RESPONSIBILITIES.—The designated State agency shall— (i) receive, account for, and disburse funds under this subtitle based on the State plan required in section 124; and (ii) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of, and accounting for, funds paid to the State under this subtitle.

(D) RECORDS, ACCESS, AND FINANCIAL REPORTS.—The designated State agency shall keep and provide access to such records as the Secretary and the Council may deter­ mine to be necessary. The designated State agency, if other than the Council, shall provide timely financial reports at the request of the Council regarding the status of expenditures, obligations, and liquidation by the agency or the Council, and the use of the Federal and non-Federal shares described in section 126, by the agency or the Council.

(E) NON-FEDERAL SHARE.—The designated State agency, if other than the Council, shall provide the required non-Federal share described in section 126(c).

(F) ASSURANCES.—The designated State agency shall assist the Council in obtaining the appropriate State plan assurances and in ensuring that the plan is consistent with State law.

(G) MEMORANDUM OF UNDERSTANDING.—On the request of the Council, the designated State agency shall enter into a memorandum of understanding with the Council delineating the roles and responsibilities of the designated State agency.

(4) USE OF FUNDS FOR DESIGNATED STATE AGENCY RESPON­ SIBILITIES.— (A) CONDITION FOR FEDERAL FUNDING.— (i) IN GENERAL.—The Secretary shall provide amounts to a State under section 124(c)(5)(B)(vi) for a fiscal year only if the State expends an amount from State sources for carrying out the responsibilities of the designated State agency under paragraph (3)

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00033

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1710

PUBLIC LAW 106–402—OCT. 30, 2000

for the fiscal year that is not less than the total amount the State expended from such sources for carrying out similar responsibilities for the previous fiscal year. (ii) EXCEPTION.—Clause (i) shall not apply in a year in which the Council is the designated State agency.

(B) SUPPORT SERVICES PROVIDED BY OTHER AGENCIES.— With the agreement of the designated State agency, the Council may use or contract with agencies other than the designated State agency to perform the functions of the designated State agency.

42 USC 15026.

SEC. 126. FEDERAL AND NON-FEDERAL SHARE.

(a) AGGREGATE COST.— (1) IN GENERAL.—Except as provided in paragraphs (2) and (3), the Federal share of the cost of all projects in a State supported by an allotment to the State under this subtitle may not be more than 75 percent of the aggregate necessary cost of such projects, as determined by the Secretary.

(2) URBAN OR RURAL POVERTY AREAS.—In the case of projects whose activities or products target individuals with developmental disabilities who live in urban or rural poverty areas, as determined by the Secretary, the Federal share of the cost of all such projects may not be more than 90 percent of the aggregate necessary cost of such projects, as determined by the Secretary.

(3) STATE PLAN ACTIVITIES.—In the case of projects under­ taken by the Council or Council staff to implement State plan activities, the Federal share of the cost of all such projects may be not more than 100 percent of the aggregate necessary cost of such activities. (b) NONDUPLICATION.—In determining the amount of any State’s Federal share of the cost of such projects incurred by such State under a State plan approved under section 124, the Secretary shall not consider— (1) any portion of such cost that is financed by Federal funds provided under any provision of law other than section 122; and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of the Federal funds described in paragraph (1). (c) NON-FEDERAL SHARE.— (1) IN-KIND CONTRIBUTIONS.—The non-Federal share of the cost of any project supported by an allotment under this subtitle may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services.

(2) CONTRIBUTIONS OF POLITICAL SUBDIVISIONS AND PUBLIC OR PRIVATE ENTITIES.— (A) IN GENERAL.—Contributions to projects by a polit­ ical subdivision of a State or by a public or private entity under an agreement with the State shall, subject to such limitations and conditions as the Secretary may by regula­ tion prescribe under section 104(b), be considered to be contributions by such State, in the case of a project sup­ ported under this subtitle.

(B) STATE CONTRIBUTIONS.—State contributions, including contributions by the designated State agency to

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00034

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1711

provide support services to the Council pursuant to section 125(d)(4), may be counted as part of such State’s nonFederal share of the cost of projects supported under this subtitle.

(3) VARIATIONS OF THE NON-FEDERAL SHARE.—The nonFederal share required of each recipient of a grant from a Council under this subtitle may vary.

SEC. 127.WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRA­ TION, AND SERVICES.

42 USC 15027.

Whenever the Secretary, after providing reasonable notice and an opportunity for a hearing to the Council and the designated State agency, finds that— (1) the Council or agency has failed to comply substantially with any of the provisions required by section 124 to be included in the State plan, particularly provisions required by para­ graphs (4)(A) and (5)(B)(vii) of section 124(c), or with any of the provisions required by section 125(b)(3); or (2) the Council or agency has failed to comply substantially with any regulations of the Secretary that are applicable to this subtitle, the Secretary shall notify such Council and agency that the Sec­ retary will not make further payments to the State under section 122 (or, in the discretion of the Secretary, that further payments to the State under section 122 for activities for which there is such failure), until the Secretary is satisfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payments to the State under section 122, or shall limit further payments under section 122 to such State to activities for which there is no such failure.

SEC. 128. APPEALS BY STATES.

42 USC 15028.

(a) APPEAL.—If any State is dissatisfied with the Secretary’s action under section 124(d)(3) or 127, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court not later than 60 days after such action. (b) FILING.—The clerk of the court shall transmit promptly a copy of the petition to the Secretary, or any officer designated by the Secretary for that purpose. The Secretary shall file promptly with the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. (c) JURISDICTION.—Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part, temporarily or perma­ nently. Until the filing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action. (d) FINDINGS AND REMAND.—The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence.

On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further proceedings.

Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00035

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1712

PUBLIC LAW 106–402—OCT. 30, 2000

(e) FINALITY.—The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. (f) EFFECT.—The commencement of proceedings under this sec­ tion shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action.

42 USC 15029.

SEC. 129.AUTHORIZATION OF APPROPRIATIONS.

(a) FUNDING FOR STATE ALLOTMENTS.—Except as described in subsection (b), there are authorized to be appropriated for allot­ ments under section 122 $76,000,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007. (b) RESERVATION FOR TECHNICAL ASSISTANCE.— (1) LOWER APPROPRIATION YEARS.—For any fiscal year for which the amount appropriated under subsection (a) is less than $76,000,000, the Secretary shall reserve funds in accord­ ance with section 163(c) to provide technical assistance to enti­ ties funded under this subtitle.

(2) HIGHER APPROPRIATION YEARS.—For any fiscal year for which the amount appropriated under subsection (a) is not less than $76,000,000, the Secretary shall reserve not less than $300,000 and not more than 1 percent of the amount appropriated under subsection (a) to provide technical assist­ ance to entities funded under this subtitle.

Subtitle C—Protection and Advocacy of Individual Rights 42 USC 15041.

SEC. 141. PURPOSE.

The purpose of this subtitle is to provide for allotments to support a protection and advocacy system (referred to in this sub­ title as a ‘‘system’’) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this subtitle.

42 USC 15042.

SEC. 142. ALLOTMENTS AND PAYMENTS.

(a) ALLOTMENTS.— (1) IN GENERAL.—To assist States in meeting the require­ ments of section 143(a), the Secretary shall allot to the States the amounts appropriated under section 145 and not reserved under paragraph (6). Allotments and reallotments of such sums shall be made on the same basis as the allotments and reallot­ ments are made under subsections (a)(1)(A) and (e) of section 122, except as provided in paragraph (2).

(2) MINIMUM ALLOTMENTS.—In any case in which— (A) the total amount appropriated under section 145 for a fiscal year is not less than $20,000,000, the allotment under paragraph (1) for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $107,000; and

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00036

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1713

(ii) to any State not described in clause (i) may not be less than $200,000; or (B) the total amount appropriated under section 145 for a fiscal year is less than $20,000,000, the allotment under paragraph (1) for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $80,000; and (ii) to any State not described in clause (i) may not be less than $150,000.

(3) REDUCTION OF ALLOTMENT.—Notwithstanding para­ graphs (1) and (2), if the aggregate of the amounts to be allotted to the States pursuant to such paragraphs for any fiscal year exceeds the total amount appropriated for such allotments under section 145 for such fiscal year, the amount to be allotted to each State for such fiscal year shall be propor­ tionately reduced.

(4) INCREASE IN ALLOTMENTS.—In any year in which the total amount appropriated under section 145 for a fiscal year exceeds the total amount appropriated under such section (or a corresponding provision) for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 100(c)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the percentage change indicates an increase), the Secretary shall increase each of the minimum allotments described in subparagraphs (A) and (B) of paragraph (2). The Secretary shall increase each minimum allotment by an amount that bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph (or a corresponding provision) for prior fiscal years) as the amount that is equal to the dif­ ference between— (A) the total amount appropriated under section 145 for the fiscal year for which the increase in the minimum allotment is being made; minus (B) the total amount appropriated under section 145 (or a corresponding provision) for the immediately pre­ ceding fiscal year, bears to the total amount appropriated under section 145 (or a corresponding provision) for such preceding fiscal year.

(5) MONITORING THE ADMINISTRATION OF THE SYSTEM.— In a State in which the system is housed in a State agency, the State may use not more than 5 percent of any allotment under this subsection for the costs of monitoring the administra­ tion of the system required under section 143(a).

(6) TECHNICAL ASSISTANCE AND AMERICAN INDIAN CONSORTIUM.—In any case in which the total amount appropriated under section 145 for a fiscal year is more than $24,500,000, the Secretary shall— (A) use not more than 2 percent of the amount appro­ priated to provide technical assistance to eligible systems with respect to activities carried out under this subtitle (consistent with requests by such systems for such assist­ ance for the year); and

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00037

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1714

PUBLIC LAW 106–402—OCT. 30, 2000

(B) provide a grant in accordance with section 143(b), and in an amount described in paragraph (2)(A)(i), to an American Indian consortium to provide protection and advocacy services. (b) PAYMENT TO SYSTEMS.—Notwithstanding any other provi­ sion of law, the Secretary shall pay directly to any system in a State that complies with the provisions of this subtitle the amount of the allotment made for the State under this section, unless the system specifies otherwise. (c) UNOBLIGATED FUNDS.—Any amount paid to a system under this subtitle for a fiscal year and remaining unobligated at the end of such year shall remain available to such system for the next fiscal year, for the purposes for which such amount was paid.

42 USC 15043.

SEC. 143. SYSTEM REQUIRED.

(a) SYSTEM REQUIRED.—In order for a State to receive an allot­ ment under subtitle B or this subtitle— (1) the State shall have in effect a system to protect and advocate the rights of individuals with developmental disabil­ ities; (2) such system shall— (A) have the authority to— (i) pursue legal, administrative, and other appro­ priate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State who are or who may be eligible for treatment, services, or habilitation, or who are being considered for a change in living arrangements, with particular attention to members of ethnic and racial minority groups; and (ii) provide information on and referral to programs and services addressing the needs of individuals with developmental disabilities; (B) have the authority to investigate incidents of abuse and neglect of individuals with developmental disabilities if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred; (C) on an annual basis, develop, submit to the Sec­ retary, and take action with regard to goals (each of which is related to 1 or more areas of emphasis) and priorities, developed through data driven strategic planning, for the system’s activities; (D) on an annual basis, provide to the public, including individuals with developmental disabilities attributable to either physical impairment, mental impairment, or a com­ bination of physical and mental impairment, and their representatives, and as appropriate, non-State agency rep­ resentatives of the State Councils on Developmental Disabilities, and Centers, in the State, an opportunity to comment on— (i) the goals and priorities established by the system and the rationale for the establishment of such goals; and (ii) the activities of the system, including the coordination of services with the entities carrying out advocacy programs under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Older Americans

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00038

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1715

Act of 1965 (42 U.S.C. 3001 et seq.), and the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.), and with entities carrying out other related programs, including the parent training and information centers funded under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and activities authorized under section 101 or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012); (E) establish a grievance procedure for clients or prospective clients of the system to ensure that individuals with developmental disabilities have full access to services of the system; (F) not be administered by the State Council on Developmental Disabilities; (G) be independent of any agency that provides treat­ ment, services, or habilitation to individuals with develop­ mental disabilities; (H) have access at reasonable times to any individual with a developmental disability in a location in which services, supports, and other assistance are provided to such an individual, in order to carry out the purpose of this subtitle; (I) have access to all records of— (i) any individual with a developmental disability who is a client of the system if such individual, or the legal guardian, conservator, or other legal rep­ resentative of such individual, has authorized the system to have such access; (ii) any individual with a developmental disability, in a situation in which— (I) the individual, by reason of such individ­ ual’s mental or physical condition, is unable to authorize the system to have such access; (II) the individual does not have a legal guardian, conservator, or other legal representa­ tive, or the legal guardian of the individual is the State; and (III) a complaint has been received by the system about the individual with regard to the status or treatment of the individual or, as a result of monitoring or other activities, there is probable cause to believe that such individual has been subject to abuse or neglect; and (iii) any individual with a developmental disability, in a situation in which— (I) the individual has a legal guardian, conser­ vator, or other legal representative; (II) a complaint has been received by the system about the individual with regard to the status or treatment of the individual or, as a result of monitoring or other activities, there is probable cause to believe that such individual has been subject to abuse or neglect; (III) such representative has been contacted by such system, upon receipt of the name and address of such representative;

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00039

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1716

PUBLIC LAW 106–402—OCT. 30, 2000 (IV) such system has offered assistance to such representative to resolve the situation; and (V) such representative has failed or refused to act on behalf of the individual; (J)(i) have access to the records of individuals described in subparagraphs (B) and (I), and other records that are relevant to conducting an investigation, under the cir­ cumstances described in those subparagraphs, not later than 3 business days after the system makes a written request for the records involved; and (ii) have immediate access, not later than 24 hours after the system makes such a request, to the records without consent from another party, in a situation in which services, supports, and other assistance are provided to an individual with a developmental disability— (I) if the system determines there is probable cause to believe that the health or safety of the individual is in serious and immediate jeopardy; or (II) in any case of death of an individual with a developmental disability; (K) hire and maintain sufficient numbers and types of staff (qualified by training and experience) to carry out such system’s functions, except that the State involved shall not apply hiring freezes, reductions in force, prohibi­ tions on travel, or other policies to the staff of the system, to the extent that such policies would impact the staff or functions of the system funded with Federal funds or would prevent the system from carrying out the functions of the system under this subtitle; (L) have the authority to educate policymakers; and (M) provide assurances to the Secretary that funds allotted to the State under section 142 will be used to supplement, and not supplant, the non-Federal funds that would otherwise be made available for the purposes for which the allotted funds are provided; (3) to the extent that information is available, the State shall provide to the system— (A) a copy of 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, not later than 30 days after the availability of such a review; and (B) information about 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 sec­ tion 1915(c) of the Social Security Act (42 U.S.C. 1396n(c))) receive; and (4) the agency implementing the system shall not be redesignated unless— (A) there is good cause for the redesignation; (B) the State has given the agency notice of the intention to make such redesignation, including notice regarding the good cause for such redesignation, and given the agency an opportunity to respond to the assertion that good cause has been shown;

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00040

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1717

(C) the State has given timely notice and an oppor­ tunity for public comment in an accessible format to individuals with developmental disabilities or their rep­ resentatives; and (D) the system has an opportunity to appeal the redesignation to the Secretary, on the basis that the redesignation was not for good cause. (b) AMERICAN INDIAN CONSORTIUM.—Upon application to the Secretary, an American Indian consortium established to provide protection and advocacy services under this subtitle, shall receive funding pursuant to section 142(a)(6) to provide the services. Such consortium shall be considered to be a system for purposes of this subtitle and shall coordinate the services with other systems serving the same geographic area. The tribal council that designates the consortium shall carry out the responsibilities and exercise the authorities specified for a State in this subtitle, with regard to the consortium. (c) RECORD.—In this section, the term ‘‘record’’ includes— (1) a report prepared or received by any staff at any location at which services, supports, or other assistance is provided to individuals with developmental disabilities; (2) a report prepared by an agency or staff person charged with investigating reports of incidents of abuse or neglect, injury, or death occurring at such location, that describes such incidents and the steps taken to investigate such incidents; and (3) a discharge planning record.

SEC. 144. ADMINISTRATION.

42 USC 15044.

(a) GOVERNING BOARD.—In a State in which the system described in section 143 is organized as a private nonprofit entity with a multimember governing board, or a public system with a multimember governing board, such governing board shall be selected according to the policies and procedures of the system, except that— (1)(A) the governing board shall be composed of members who broadly represent or are knowledgeable about the needs of the individuals served by the system; (B) a majority of the members of the board shall be— (i) individuals with disabilities, including individuals with developmental disabilities, who are eligible for serv­ ices, or have received or are receiving services through the system; or (ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i); and (C) the board may include a representative of the State Council on Developmental Disabilities, the Centers in the State, and the self-advocacy organization described in section 124(c)(4)(A)(ii)(I); (2) not more than 1⁄3 of the members of the governing board may be appointed by the chief executive officer of the State involved, in the case of any State in which such officer has the authority to appoint members of the board; (3) the membership of the governing board shall be subject to term limits set by the system to ensure rotating membership;

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00041

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1718

PUBLIC LAW 106–402—OCT. 30, 2000

(4) any vacancy in the board shall be filled not later than 60 days after the date on which the vacancy occurs; and (5) in a State in which the system is organized as a public system without a multimember governing or advisory board, the system shall establish an advisory council— (A) that shall advise the system on policies and prior­ ities to be carried out in protecting and advocating the rights of individuals with developmental disabilities; and (B) on which a majority of the members shall be— (i) individuals with developmental disabilities who are eligible for services, or have received or are receiving services, through the system; or (ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i). (b) LEGAL ACTION.— (1) IN GENERAL.—Nothing in this title shall preclude a system from bringing a suit on behalf of individuals with developmental disabilities against a State, or an agency or instrumentality of a State.

(2) USE OF AMOUNTS FROM JUDGMENT.—An amount received pursuant to a suit described in paragraph (1) through a court judgment may only be used by the system to further the purpose of this subtitle and shall not be used to augment payments to legal contractors or to award personal bonuses.

(3) LIMITATION.—The system shall use assistance provided under this subtitle in a manner consistent with section 5 of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14404). (c) DISCLOSURE OF INFORMATION.—For purposes of any periodic audit, report, or evaluation required under this subtitle, the Sec­ retary shall not require an entity carrying out a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such pro­ gram. (d) PUBLIC NOTICE OF FEDERAL ONSITE REVIEW.—The Secretary shall provide advance public notice of any Federal programmatic or administrative onsite review of a system conducted under this subtitle and solicit public comment on the system through such notice. The Secretary shall prepare an onsite visit report containing the results of such review, which shall be distributed to the Gov­ ernor of the State and to other interested public and private parties.

The comments received in response to the public comment solicita­ tion notice shall be included in the onsite visit report. (e) REPORTS.—Beginning in fiscal year 2002, each system estab­ lished in a State pursuant to this subtitle shall annually prepare and transmit to the Secretary a report that describes the activities, accomplishments, and expenditures of the system during the pre­ ceding fiscal year, including a description of the system’s goals, the extent to which the goals were achieved, barriers to their achievement, the process used to obtain public input, the nature of such input, and how such input was used.

42 USC 15045.

SEC. 145. AUTHORIZATION OF APPROPRIATIONS.

For allotments under section 142, there are authorized to be appropriated $32,000,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00042

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1719

Subtitle D—National Network of Univer­ sity Centers for Excellence in Develop­ mental Disabilities Education, Research, and Service SEC. 151. GRANT AUTHORITY.

42 USC 15061.

(a) NATIONAL NETWORK.—From appropriations authorized under section 156(a)(1), the Secretary shall make 5-year grants to entities in each State designated as University Centers for Excel­ lence in Developmental Disabilities Education, Research, and Service to carry out activities described in section 153(a). (b) NATIONAL TRAINING INITIATIVES.—From appropriations authorized under section 156(a)(1) and reserved under section 156(a)(2), the Secretary shall make grants to Centers to carry out activities described in section 153(b). (c) TECHNICAL ASSISTANCE.—From appropriations authorized under section 156(a)(1) and reserved under section 156(a)(3) (or from funds reserved under section 163, as appropriate), the Sec­ retary shall enter into 1 or more cooperative agreements or contracts for the purpose of providing technical assistance described in section 153(c).

SEC. 152. GRANT AWARDS.

42 USC 15062.

(a) EXISTING CENTERS.— (1) IN GENERAL.—In awarding and distributing grant funds under section 151(a) for a fiscal year, the Secretary, subject to the availability of appropriations and the condition specified in subsection (d), shall award and distribute grant funds in equal amounts of $500,000 (adjusted in accordance with sub­ section (b)), to each Center that existed during the preceding fiscal year and that meets the requirements of this subtitle, prior to making grants under subsection (c) or (d).

(2) REDUCTION OF AWARD.—Notwithstanding paragraph (1), if the aggregate of the funds to be awarded to the Centers pursuant to paragraph (1) for any fiscal year exceeds the total amount appropriated under section 156 for such fiscal year, the amount to be awarded to each Center for such fiscal year shall be proportionately reduced. (b) ADJUSTMENTS.—Subject to the availability of appropriations, for any fiscal year following a year in which each Center described in subsection (a) received a grant award of not less than $500,000 under subsection (a) (adjusted in accordance with this subsection), the Secretary shall adjust the awards to take into account the most recent percentage change in the Consumer Price Index pub­ lished by the Secretary of Labor under section 100(c)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the percentage change indicates an increase), prior to making grants under sub­ section (c) or (d). (c) NATIONAL TRAINING INITIATIVES ON CRITICAL AND EMERGING NEEDS.—Subject to the availability of appropriations, for any fiscal year in which each Center described in subsection (a) receives a grant award of not less than $500,000, under subsection (a) (adjusted in accordance with subsection (b)), after making the grant awards, the Secretary shall make grants under section 151(b) to

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00043

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1720

PUBLIC LAW 106–402—OCT. 30, 2000

Centers to pay for the Federal share of the cost of training initia­ tives related to the unmet needs of individuals with developmental disabilities and their families, as described in section 153(b). (d) ADDITIONAL GRANTS.—For any fiscal year in which each Center described in subsection (a) receives a grant award of not less than $500,000 under subsection (a) (adjusted in accordance with subsection (b)), after making the grant awards, the Secretary may make grants under section 151(a) for activities described in section 153(a) to additional Centers, or additional grants to Centers, for States or populations that are unserved or underserved by Centers due to such factors as— (1) population; (2) a high concentration of rural or urban areas; or (3) a high concentration of unserved or underserved popu­ lations.

42 USC 15063.

SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES.

(a) NATIONAL NETWORK OF UNIVERSITY CENTERS FOR EXCEL­ LENCE IN DEVELOPMENTAL DISABILITIES EDUCATION, RESEARCH, AND SERVICE.— (1) IN GENERAL.—In order to provide leadership in, advise Federal, State, and community policymakers about, and pro­ mote opportunities for individuals with developmental disabil­ ities to exercise self-determination, be independent, be produc­ tive, and be integrated and included in all facets of community life, the Secretary shall award grants to eligible entities des­ ignated as Centers in each State to pay for the Federal share of the cost of the administration and operation of the Centers.

The Centers shall be interdisciplinary education, research, and public service units of universities (as defined by the Secretary) or public or not-for-profit entities associated with universities that engage in core functions, described in paragraph (2), addressing, directly or indirectly, 1 or more of the areas of emphasis.

(2) CORE FUNCTIONS.—The core functions referred to in paragraph (1) shall include the following: (A) Provision of interdisciplinary pre-service prepara­ tion and continuing education of students and fellows, which may include the preparation and continuing edu­ cation of leadership, direct service, clinical, or other per­ sonnel to strengthen and increase the capacity of States and communities to achieve the purpose of this title.

(B) Provision of community services— (i) that provide training or technical assistance for individuals with developmental disabilities, their families, professionals, paraprofessionals, policymakers, students, and other members of the commu­ nity; and (ii) that may provide services, supports, and assist­ ance for the persons described in clause (i) through demonstration and model activities.

(C) Conduct of research, which may include basic or applied research, evaluation, and the analysis of public policy in areas that affect or could affect, either positively or negatively, individuals with developmental disabilities and their families.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00044

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1721

(D) Dissemination of information related to activities undertaken to address the purpose of this title, especially dissemination of information that demonstrates that the network authorized under this subtitle is a national and international resource that includes specific substantive areas of expertise that may be accessed and applied in diverse settings and circumstances. (b) NATIONAL TRAINING INITIATIVES ON CRITICAL AND EMERGING NEEDS.— (1) SUPPLEMENTAL GRANTS.—After consultation with rel­ evant, informed sources, including individuals with develop­ mental disabilities and their families, the Secretary shall award, under section 151(b), supplemental grants to Centers to pay for the Federal share of the cost of training initiatives related to the unmet needs of individuals with developmental disabilities and their families. The Secretary shall make the grants on a competitive basis, and for periods of not more than 5 years.

(2) ESTABLISHMENT OF CONSULTATION PROCESS BY THE SECRETARY.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a consultation process that, on an ongoing basis, allows the Secretary to identify and address, through supplemental grants authorized under paragraph (1), training initiatives related to the unmet needs of individuals with developmental disabilities and their fami­ lies. (c) TECHNICAL ASSISTANCE.—In order to strengthen and support the national network of Centers, the Secretary may enter into 1 or more cooperative agreements or contracts to— (1) assist in national and international dissemination of specific information from multiple Centers and, in appropriate cases, other entities whose work affects the lives of individuals with developmental disabilities; (2) compile, analyze, and disseminate state-of-the-art training, research, and demonstration results policies, and prac­ tices from multiple Centers and, in appropriate cases, other entities whose work affects the lives of persons with develop­ mental disabilities; (3) convene experts from multiple Centers to discuss and make recommendations with regard to national emerging needs of individuals with developmental disabilities; (4)(A) develop portals that link users with every Center’s website; and (B) facilitate electronic information sharing using state­ of-the-art Internet technologies such as real-time online discus­ sions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that impact individuals with disabilities and their families; (5) serve as a research-based resource for Federal and State policymakers on information concerning and issues impacting individuals with developmental disabilities and enti­ ties that assist or serve those individuals; or (6) undertake any other functions that the Secretary deter­ mines to be appropriate; to promote the viability and use of the resources and expertise of the Centers nationally and internationally.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00045

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1722 42 USC 15064.

PUBLIC LAW 106–402—OCT. 30, 2000

SEC. 154. APPLICATIONS.

(a) APPLICATIONS FOR CORE CENTER GRANTS.— (1) IN GENERAL.—To be eligible to receive a grant under section 151(a) for a Center, an entity shall submit to the Sec­ retary, and obtain approval of, an application at such time, in such manner, and containing such information, as the Sec­ retary may require.

(2) APPLICATION CONTENTS.—Each application described in paragraph (1) shall describe a 5-year plan, including a projected goal related to 1 or more areas of emphasis for each of the core functions described in section 153(a).

(3) ASSURANCES.—The application shall be approved by the Secretary only if the application contains or is supported by reasonable assurances that the entity designated as the Center will— (A) meet regulatory standards as established by the Secretary for Centers; (B) address the projected goals, and carry out goalrelated activities, based on data driven strategic planning and in a manner consistent with the objectives of this subtitle, that— (i) are developed in collaboration with the con­ sumer advisory committee established pursuant to subparagraph (E); (ii) are consistent with, and to the extent feasible complement and further, the Council goals contained in the State plan submitted under section 124 and the system goals established under section 143; and (iii) will be reviewed and revised annually as nec­ essary to address emerging trends and needs; (C) use the funds made available through the grant to supplement, and not supplant, the funds that would otherwise be made available for activities described in sec­ tion 153(a); (D) protect, consistent with the policy specified in sec­ tion 101(c) (relating to rights of individuals with develop­ mental disabilities), the legal and human rights of all individuals with developmental disabilities (especially those individuals under State guardianship) who are involved in activities carried out under programs assisted under this subtitle; (E) establish a consumer advisory committee— (i) of which a majority of the members shall be individuals with developmental disabilities and family members of such individuals; (ii) that is comprised of— (I) individuals with developmental disabilities and related disabilities; (II) family members of individuals with developmental disabilities; (III) a representative of the State protection and advocacy system; (IV) a representative of the State Council on Developmental Disabilities; (V) a representative of a self-advocacy organization described in section 124(c)(4)(A)(ii)(I); and

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00046

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1723

(VI) representatives of organizations that may include parent training and information centers assisted under section 682 or 683 of the Individuals with Disabilities Education Act (20 U.S.C. 1482, 1483), entities carrying out activities authorized under section 101 or 102 of the Assistive Tech­ nology Act of 1998 (29 U.S.C. 3011, 3012), relevant State agencies, and other community groups con­ cerned with the welfare of individuals with developmental disabilities and their families; (iii) that reflects the racial and ethnic diversity of the State; and (iv) that shall— (I) consult with the Director of the Center regarding the development of the 5-year plan, and shall participate in an annual review of, and com­ ment on, the progress of the Center in meeting the projected goals contained in the plan, and shall make recommendations to the Director of the Center regarding any proposed revisions of the plan that might be necessary; and (II) meet as often as necessary to carry out the role of the committee, but at a minimum twice during each grant year; (F) to the extent possible, utilize the infrastructure and resources obtained through funds made available under the grant to leverage additional public and private funds to successfully achieve the projected goals developed in the 5-year plan; (G)(i) have a director with appropriate academic credentials, demonstrated leadership, expertise regarding developmental disabilities, significant experience in man­ aging grants and contracts, and the ability to leverage public and private funds; and (ii) allocate adequate staff time to carry out activities related to each of the core functions described in section 153(a); and (H) educate, and disseminate information related to the purpose of this title to, the legislature of the State in which the Center is located, and to Members of Congress from such State. (b) SUPPLEMENTAL GRANT APPLICATIONS PERTAINING TO NATIONAL TRAINING INITIATIVES IN CRITICAL AND EMERGING NEEDS.—To be eligible to receive a supplemental grant under sec­ tion 151(b), a Center may submit a supplemental application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, pursuant to the terms and conditions set by the Secretary consistent with section 153(b). (c) PEER REVIEW.— (1) IN GENERAL.—The Secretary shall require that all applications submitted under this subtitle be subject to tech­ nical and qualitative review by peer review groups established under paragraph (2). The Secretary may approve an application under this subtitle only if such application has been rec­ ommended by a peer review group that has conducted the peer review required under this paragraph. In conducting the

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00047

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1724

PUBLIC LAW 106–402—OCT. 30, 2000

review, the group may conduct onsite visits or inspections of related activities as necessary.

(2) ESTABLISHMENT OF PEER REVIEW GROUPS.— (A) IN GENERAL.—The Secretary, acting through the Commissioner of the Administration on Developmental Disabilities, may, notwithstanding— (i) the provisions of title 5, United States Code, concerning appointments to the competitive service; and (ii) the provisions of chapter 51, and subchapter III of chapter 53 of title 5, United States Code, con­ cerning classification and General Schedule pay rates; establish such peer review groups and appoint and set the rates of pay of members of such groups.

(B) COMPOSITION.—Each peer review group shall include such individuals with disabilities and parents, guardians, or advocates of or for individuals with develop­ mental disabilities, as are necessary to carry out this sub­ section.

(3) WAIVERS OF APPROVAL.—The Secretary may waive the provisions of paragraph (1) with respect to review and approval of an application if the Secretary determines that exceptional circumstances warrant such a waiver. (d) FEDERAL SHARE.— (1) IN GENERAL.—The Federal share of the cost of adminis­ tration or operation of a Center, or the cost of carrying out a training initiative, supported by a grant made under this subtitle may not be more than 75 percent of the necessary cost of such project, as determined by the Secretary.

(2) URBAN OR RURAL POVERTY AREAS.—In the case of a project whose activities or products target individuals with developmental disabilities who live in an urban or rural poverty area, as determined by the Secretary, the Federal share of the cost of the project may not be more than 90 percent of the necessary costs of the project, as determined by the Sec­ retary.

(3) GRANT EXPENDITURES.—For the purpose of determining the Federal share with respect to the project, expenditures on that project by a political subdivision of a State or by a public or private entity shall, subject to such limitations and conditions as the Secretary may by regulation prescribe under section 104(b), be considered to be expenditures made by a Center under this subtitle. (e) ANNUAL REPORT.—Each Center shall annually prepare and transmit to the Secretary a report containing— (1) information on progress made in achieving the projected goals of the Center for the previous year, including— (A) the extent to which the goals were achieved; (B) a description of the strategies that contributed to achieving the goals; (C) to the extent to which the goals were not achieved, a description of factors that impeded the achievement; and (D) an accounting of the manner in which funds paid to the Center under this subtitle for a fiscal year were expended; (2) information on proposed revisions to the goals; and

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00048

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1725

(3) a description of successful efforts to leverage funds, other than funds made available under this subtitle, to pursue goals consistent with this subtitle.

SEC. 155. DEFINITION.

42 USC 15065.

In this subtitle, the term ‘‘State’’ means each of the several States of the United States, the District of Columbia, the Common­ wealth of Puerto Rico, the United States Virgin Islands, and Guam.

SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

42 USC 15066.

(a) AUTHORIZATION AND RESERVATIONS.— (1) AUTHORIZATION.—There are authorized to be appro­ priated to carry out this subtitle (other than section 153(c)(4)) $30,000,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007.

(2) RESERVATION FOR TRAINING INITIATIVES.—From any amount appropriated for a fiscal year under paragraph (1) and remaining after each Center described in section 152(a) has received a grant award of not less than $500,000, as described in section 152, the Secretary shall reserve funds for the training initiatives authorized under section 153(b).

(3) RESERVATION FOR TECHNICAL ASSISTANCE.— (A) YEARS BEFORE APPROPRIATION TRIGGER.—For any covered year, the Secretary shall reserve funds in accord­ ance with section 163(c) to fund technical assistance activi­ ties under section 153(c) (other than section 153(c)(4)).

(B) YEARS AFTER APPROPRIATION TRIGGER.—For any fiscal year that is not a covered year, the Secretary shall reserve not less than $300,000 and not more than 2 percent of the amount appropriated under paragraph (1) to fund technical assistance activities under section 153(c) (other than section 153(c)(4)).

(C) COVERED YEAR.—In this paragraph, the term ‘‘cov­ ered year’’ means a fiscal year prior to the first fiscal year for which the amount appropriated under paragraph (1) is not less than $20,000,000. (b) LIMITATION.—The Secretary may not use, for peer review or other activities directly related to peer review conducted under this subtitle— (1) for fiscal year 2001, more than $300,000 of the funds made available under subsection (a); and (2) for any succeeding fiscal year, more than the amount of funds used for the peer review and related activities in fiscal year 2001, adjusted to take into account the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 100(c)(1) of the Rehabilita­ tion Act of 1973 (29 U.S.C. 720(c)(1)) (if the percentage change indicates an increase).

Subtitle E—Projects of National

Significance

SEC. 161. PURPOSE.

42 USC 15081.

The purpose of this subtitle is to provide grants, contracts, or cooperative agreements for projects of national significance that—

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00049

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1726

PUBLIC LAW 106–402—OCT. 30, 2000 (1) create opportunities for individuals with developmental disabilities to directly and fully contribute to, and participate in, all facets of community life; and (2) support the development of national and State policies that reinforce and promote, with the support of families, guard­ ians, advocates, and communities, of individuals with develop­ mental disabilities, the self-determination, independence, productivity, and integration and inclusion in all facets of community life of such individuals through— (A) family support activities; (B) data collection and analysis; (C) technical assistance to entities funded under sub­ titles B and D, subject to the limitations described in sections 129(b), 156(a)(3), and 163(c); and (D) other projects of sufficient size and scope that hold promise to expand or improve opportunities for such individuals, including— (i) projects that provide technical assistance for the development of information and referral systems; (ii) projects that provide technical assistance to self-advocacy organizations of individuals with develop­ mental disabilities; (iii) projects that provide education for policymakers; (iv) Federal interagency initiatives; (v) projects that enhance the participation of racial and ethnic minorities in public and private sector ini­ tiatives in developmental disabilities; (vi) projects that provide aid to transition youth with developmental disabilities from school to adult life, especially in finding employment and postsec­ ondary education opportunities and in upgrading and changing any assistive technology devices that may be needed as a youth matures; (vii) initiatives that address the development of community quality assurance systems and the training related to the development, implementation, and evaluation of such systems, including training of individuals with developmental disabilities and their families; (viii) initiatives that address the needs of aging individuals with developmental disabilities and aging caregivers of adults with developmental disabilities in the community; (ix) initiatives that create greater access to and use of generic services systems, community organiza­ tions, and associations, and initiatives that assist in community economic development; (x) initiatives that create access to increased living options; (xi) initiatives that address the challenging behav­ iors of individuals with developmental disabilities, including initiatives that promote positive alternatives to the use of restraints and seclusion; and (xii) initiatives that address other areas of emerging need.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00050

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1727

SEC. 162. GRANT AUTHORITY.

42 USC 15082.

(a) IN GENERAL.—The Secretary shall award grants, contracts, or cooperative agreements to public or private nonprofit entities for projects of national significance relating to individuals with developmental disabilities to carry out activities described in section 161(2). (b) FEDERAL INTERAGENCY INITIATIVES.— (1) IN GENERAL.— (A) AUTHORITY.—The Secretary may— (i) enter into agreements with Federal agencies to jointly carry out activities described in section 161(2) or to jointly carry out activities of common interest related to the objectives of such section; and (ii) transfer to such agencies for such purposes funds appropriated under this subtitle, and receive and use funds from such agencies for such purposes.

(B) RELATION TO PROGRAM PURPOSES.—Funds trans­ ferred or received pursuant to this paragraph shall be used only in accordance with statutes authorizing the appropriation of such funds. Such funds shall be made available through grants, contracts, or cooperative agree­ ments only to recipients eligible to receive such funds under such statutes.

(C) PROCEDURES AND CRITERIA.—If the Secretary enters into an agreement under this subsection for the administra­ tion of a jointly funded project— (i) the agreement shall specify which agency’s procedures shall be used to award grants, contracts, or cooperative agreements and to administer such awards; (ii) the participating agencies may develop a single set of criteria for the jointly funded project, and may require applicants to submit a single application for joint review by such agencies; and (iii) unless the heads of the participating agencies develop joint eligibility requirements, an applicant for an award for the project shall meet the eligibility requirements of each program involved.

(2) LIMITATION.—The Secretary may not construe the provi­ sions of this subsection to take precedence over a limitation on joint funding contained in an applicable statute.

SEC. 163. AUTHORIZATION OF APPROPRIATIONS.

42 USC 15083.

(a) IN GENERAL.—There are authorized to be appropriated to carry out the projects specified in this section $16,000,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2002 through 2007. (b) USE OF FUNDS.— (1) GRANTS, CONTRACTS, AND AGREEMENTS.—Except as pro­ vided in paragraph (2), the amount appropriated under sub­ section (a) for each fiscal year shall be used to award grants, or enter into contracts, cooperative agreements, or other agree­ ments, under section 162.

(2) ADMINISTRATIVE COSTS.—Not more than 1 percent of the amount appropriated under subsection (a) for each fiscal year may be used to provide for the administrative costs (other than compensation of Federal employees) of the Administration

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00051

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1728

PUBLIC LAW 106–402—OCT. 30, 2000

on Developmental Disabilities for administering this subtitle and subtitles B, C, and D, including monitoring the performance of and providing technical assistance to, entities that receive funds under this title. (c) TECHNICAL ASSISTANCE FOR COUNCILS AND CENTERS.— (1) IN GENERAL.—For each covered year, the Secretary shall expend, to provide technical assistance for entities funded under subtitle B or D, an amount from funds appropriated under subsection (a) that is not less than the amount the Secretary expended on technical assistance for entities funded under that subtitle (or a corresponding provision) in the previous fiscal year.

(2) COVERED YEAR.—In this subsection, the term ‘‘covered year’’ means— (A) in the case of an expenditure for entities funded under subtitle B, a fiscal year for which the amount appro­ priated under section 129(a) is less than $76,000,000; and (B) in the case of an expenditure for entities funded under subtitle D, a fiscal year prior to the first fiscal year for which the amount appropriated under section 156(a)(1) is not less than $20,000,000.

(3) REFERENCES.—References in this subsection to subtitle D shall not be considered to include section 153(c)(4). (d) TECHNICAL ASSISTANCE ON ELECTRONIC INFORMATION SHARING.—In addition to any funds reserved under subsection (c), the Secretary shall reserve $100,000 from the amount appropriated under subsection (a) for each fiscal year to carry out section 153(c)(4). (e) LIMITATION.—For any fiscal year for which the amount appropriated under subsection (a) is not less than $10,000,000, not more than 50 percent of such amount shall be used for activities carried out under section 161(2)(A).

Families of Children With Disabilities Support Act of 2000.

42 USC 15001 note.

42 USC 15091.

TITLE II—FAMILY SUPPORT SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Families of Children With Disabilities Support Act of 2000’’.

SEC. 202. FINDINGS, PURPOSES, AND POLICY.

(a) FINDINGS.—Congress makes the following findings: (1) It is in the best interest of our Nation to preserve, strengthen, and maintain the family.

(2) Families of children with disabilities provide support, care, and training to their children that can save States millions of dollars. Without the efforts of family caregivers, many per­ sons with disabilities would receive care through State-sup­ ported out-of-home placements.

(3) Most families of children with disabilities, especially families in unserved and underserved populations, do not have access to family-centered and family-directed services to support such families in their efforts to care for such children at home.

(4) Medical advances and improved health care have increased the life span of many people with disabilities, and the combination of the longer life spans and the aging of family

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00052

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1729

caregivers places a continually increasing demand on the finite service delivery systems of the States.

(5) In 1996, 49 States provided family support initiatives in response to the needs of families of children with disabilities.

Such initiatives included the provision of cash subsidies, respite care, and other forms of support. There is a need in each State, however, to strengthen, expand, and coordinate the activities of a system of family support services for families of children with disabilities that is easily accessible, avoids duplication, uses resources efficiently, and prevents gaps in services to families in all areas of the State.

(6) The goals of the Nation properly include the goal of providing to families of children with disabilities the family support services necessary— (A) to support the family; (B) to enable families of children with disabilities to nurture and enjoy their children at home; (C) to enable families of children with disabilities to make informed choices and decisions regarding the nature of supports, resources, services, and other assistance made available to such families; and (D) to support family caregivers of adults with disabil­ ities. (b) PURPOSES.—The purposes of this title are— (1) to promote and strengthen the implementation of com­ prehensive State systems of family support services, for families with children with disabilities, that are family-centered and family-directed, and that provide families with the greatest possible decisionmaking authority and control regarding the nature and use of services and support; (2) to promote leadership by families in planning, policy development, implementation, and evaluation of family support services for families of children with disabilities; (3) to promote and develop interagency coordination and collaboration between agencies responsible for providing the services; and (4) to increase the availability of, funding for, access to, and provision of family support services for families of children with disabilities. (c) POLICY.—It is the policy of the United States that all pro­ grams, projects, and activities funded under this title shall be family-centered and family-directed, and shall be provided in a manner consistent with the goal of providing families of children with disabilities with the support the families need to raise their children at home.

SEC. 203. DEFINITIONS AND SPECIAL RULE.

42 USC 15092.

(a) DEFINITIONS.—In this title: (1) CHILD WITH A DISABILITY.—The term ‘‘child with a dis­ ability’’ means an individual who—

(A) has a significant physical or mental impairment, as defined pursuant to State policy to the extent that such policy is established without regard to type of dis­ ability; or (B) is an infant or a young child from birth through age 8 and has a substantial developmental delay or specific

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00053

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1730

PUBLIC LAW 106–402—OCT. 30, 2000

congenital or acquired condition that presents a high prob­ ability of resulting in a disability if services are not pro­ vided to the infant or child.

(2) FAMILY.— (A) IN GENERAL.—Subject to subparagraph (B), for pur­ poses of the application of this title in a State, the term ‘‘family’’ has the meaning given the term by the State.

(B) EXCLUSION OF EMPLOYEES.—The term does not include an employee who, acting in a paid employment capacity, provides services to a child with a disability in an out-of-home setting such as a hospital, nursing home, personal care home, board and care home, group home, or other facility.

(3) FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH DISABILITIES.—The term ‘‘family support for families of children with disabilities’’ means supports, resources, services, and other assistance provided to families of children with disabilities pursuant to State policy that are designed to— (A) support families in the efforts of such families to raise their children with disabilities in the home; (B) strengthen the role of the family as primary care­ giver for such children; (C) prevent involuntary out-of-the-home placement of such children and maintain family unity; and (D) reunite families with children with disabilities who have been placed out of the home, whenever possible.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services.

(5) STATE.—The term ‘‘State’’ means each of the 50 States of the United States, the District of Columbia, the Common­ wealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mar­ iana Islands.

(6) SYSTEMS CHANGE ACTIVITIES.—The term ‘‘systems change activities’’ means efforts that result in laws, regulations, policies, practices, or organizational structures— (A) that are family-centered and family-directed; (B) that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and (C) that otherwise accomplish the purposes of this title. (b) SPECIAL RULE.—References in this title to a child with a disability shall be considered to include references to an individual who is not younger than age 18 who— (1) has a significant impairment described in subsection (a)(1)(A); and (2) is residing with and receiving assistance from a family member.

42 USC 15093.

SEC. 204. GRANTS TO STATES.

(a) IN GENERAL.—The Secretary shall make grants to States on a competitive basis, in accordance with the provisions of this title, to support systems change activities designed to assist States to develop and implement, or expand and enhance, a statewide system of family support services for families of children with disabilities that accomplishes the purposes of this title.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00054

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1731

(b) AWARD PERIOD AND GRANT LIMITATION.—No grant shall be awarded under this section for a period of more than 3 years.

No State shall be eligible for more than 1 grant under this section. (c) AMOUNT OF GRANTS.— (1) GRANTS TO STATES .— (A) FEDERAL MATCHING SHARE.—From amounts appro­ priated under section 212(a), the Secretary shall pay to each State that has an application approved under section 205, for each year of the grant period, an amount that is— (i) equal to not more than 75 percent of the cost of the systems change activities to be carried out by the State; and (ii) not less than $100,000 and not more than $500,000.

(B) NON-FEDERAL SHARE.—The non-Federal share of the cost of the systems change activities may be in cash or in kind, fairly evaluated, including plant, equipment, or services.

(2) CALCULATION OF AMOUNTS.—The Secretary shall cal­ culate a grant amount described in paragraph (1) on the basis

of—

(A) the amounts available for making grants under this section; and (B) the child population of the State concerned. (d) PRIORITY FOR PREVIOUSLY PARTICIPATING STATES.—For the second and third fiscal years for which amounts are appropriated to carry out this section, the Secretary, in providing payments under this section, shall give priority to States that received pay­ ments under this section during the preceding fiscal year. (e) PRIORITIES FOR DISTRIBUTION.—To the extent practicable, the Secretary shall award grants to States under this section in a manner that— (1) is geographically equitable; (2) distributes the grants among States that have differing

levels of development of statewide systems of family support

services for families of children with disabilities; and

(3) distributes the grants among States that attempt to

meet the needs of unserved and underserved populations, such

as individuals from racial and ethnic minority backgrounds,

disadvantaged individuals, individuals with limited English

proficiency, and individuals from underserved geographic areas

(rural or urban).

SEC. 205. APPLICATION.

42 USC 15094.

To be eligible to receive a grant under this title, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including information about the designation of a lead entity, a description of available State resources, and assurances that systems change activities will be family-centered and familydirected.

SEC. 206. DESIGNATION OF THE LEAD ENTITY.

42 USC 15095.

(a) DESIGNATION.—The Chief Executive Officer of a State that desires to receive a grant under section 204, shall designate the office or entity (referred to in this title as the ‘‘lead entity’’) respon­ sible for—

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00055

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1732

PUBLIC LAW 106–402—OCT. 30, 2000

(1) submitting the application described in section 205 on behalf of the State; (2) administering and supervising the use of the amounts made available under the grant; (3) coordinating efforts related to and supervising the preparation of the application; (4) coordinating the planning, development, implementa­ tion (or expansion and enhancement), and evaluation of a state­ wide system of family support services for families of children with disabilities among public agencies and between public agencies and private agencies, including coordinating efforts related to entering into interagency agreements; (5) coordinating efforts related to the participation by fami­ lies of children with disabilities in activities carried out under a grant made under this title; and (6) submitting the report described in section 208 on behalf of the State. (b) QUALIFICATIONS.—In designating the lead entity, the Chief Executive Officer may designate— (1) an office of the Chief Executive Officer; (2) a commission appointed by the Chief Executive Officer; (3) a public agency; (4) a council established under Federal or State law; or (5) another appropriate office, agency, or entity.

42 USC 15096.

SEC. 207. AUTHORIZED ACTIVITIES.

(a) IN GENERAL.—A State that receives a grant under section 204 shall use the funds made available through the grant to carry out systems change activities that accomplish the purposes of this title. (b) SPECIAL RULE.—In carrying out activities authorized under this title, a State shall ensure that such activities address the needs of families of children with disabilities from unserved or underserved populations.

42 USC 15097.

SEC. 208. REPORTING.

A State that receives a grant under this title shall prepare and submit to the Secretary, at the end of the grant period, a report containing the results of State efforts to develop and imple­ ment, or expand and enhance, a statewide system of family support services for families of children with disabilities.

42 USC 15098.

SEC. 209. TECHNICAL ASSISTANCE.

Contracts.

(a) IN GENERAL.—The Secretary shall enter into contracts or cooperative agreements with appropriate public or private agencies and organizations, including institutions of higher education, with documented experience, expertise, and capacity, for the purpose of providing technical assistance and information with respect to the development and implementation, or expansion and enhance­ ment, of a statewide system of family support services for families of children with disabilities. (b) PURPOSE.—An agency or organization that provides tech­ nical assistance and information under this section in a State that receives a grant under this title shall provide the technical assistance and information to the lead entity of the State, family members of children with disabilities, organizations, service pro­ viders, and policymakers involved with children with disabilities and their families. Such an agency or organization may also provide

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00056

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1733

technical assistance and information to a State that does not receive a grant under this title. (c) REPORTS TO THE SECRETARY.—An entity providing technical assistance and information under this section shall prepare and submit to the Secretary periodic reports regarding Federal policies and procedures identified within the States that facilitate or impede the delivery of family support services to families of children with disabilities. The report shall include recommendations to the Sec­ retary regarding the delivery of services, coordination with other programs, and integration of the policies described in section 202 in Federal law, other than this title.

SEC. 210. EVALUATION.

42 USC 15099.

(a) IN GENERAL.—The Secretary shall conduct a national evaluation of the program of grants to States authorized by this title. (b) PURPOSE.— (1) IN GENERAL.—The Secretary shall conduct the evalua­ tion under subsection (a) to assess the status and effects of State efforts to develop and implement, or expand and enhance, statewide systems of family support services for families of children with disabilities in a manner consistent with the provi­ sions of this title. In particular, the Secretary shall assess the impact of such efforts on families of children with disabil­ ities, and recommend amendments to this title that are nec­ essary to assist States to accomplish fully the purposes of this title.

(2) INFORMATION SYSTEMS.—The Secretary shall work with the States to develop an information system designed to compile and report, from information provided by the States, qualitative and quantitative descriptions of the impact of the program of grants to States authorized by this title on— (A) families of children with disabilities, including families from unserved and underserved populations; (B) access to and funding for family support services for families of children with disabilities; (C) interagency coordination and collaboration between agencies responsible for providing the services; and (D) the involvement of families of children with disabil­ ities at all levels of the statewide systems. (c) REPORT TO CONGRESS.—Not later than 21⁄2 years after the date of enactment of this Act, the Secretary shall prepare and submit to the appropriate committees of Congress a report con­ cerning the results of the evaluation conducted under this section.

Deadline.

42 USC 15100.

SEC. 211. PROJECTS OF NATIONAL SIGNIFICANCE.

(a) STUDY BY THE SECRETARY.—The Secretary shall review Fed­ eral programs to determine the extent to which such programs facilitate or impede access to, provision of, and funding for family support services for families of children with disabilities, consistent with the policies described in section 202. (b) PROJECTS OF NATIONAL SIGNIFICANCE.—The Secretary shall make grants or enter into contracts for projects of national signifi­ cance to support the development of national and State policies and practices related to the development and implementation, or expansion and enhancement, of family-centered and family-directed systems of family support services for families of children with disabilities.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00057

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1734 42 USC 15101.

PUBLIC LAW 106–402—OCT. 30, 2000

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to carry out this title such sums as may be necessary for each of fiscal years 2001 through 2007. (b) RESERVATION.— (1) IN GENERAL.—The Secretary shall reserve for each fiscal year 10 percent, or $400,000 (whichever is greater), of the amount appropriated pursuant to subsection (a) to carry out— (A) section 209 (relating to the provision of technical assistance and information to States); and (B) section 210 (relating to the conduct of evaluations).

(2) SPECIAL RULE.—For each year that the amount appro­ priated pursuant to subsection (a) is $10,000,000 or greater, the Secretary may reserve 5 percent of such amount to carry out section 211.

TITLE III—PROGRAM FOR DIRECT SUP­ PORT WORKERS WHO ASSIST INDIVID­ UALS WITH DEVELOPMENTAL DIS­ ABILITIES 42 USC 15111.

SEC. 301. FINDINGS.

Congress finds that— (1) direct support workers, especially young adults, have played essential roles in providing the support needed by individuals with developmental disabilities and expanding community options for those individuals; (2) 4 factors have contributed to a decrease in the available pool of direct support workers, specifically— (A) the small population of individuals who are age 18 through 25, an age group that has been attracted to direct support work in the past; (B) the rapid expansion of the service sector, which attracts individuals who previously would have elected to pursue employment as direct support workers; (C) the failure of wages in the human services sector to keep pace with wages in other service sectors; and (D) the lack of quality training and career advancement opportunities available to direct support workers; and (3) individuals with developmental disabilities benefit from assistance from direct support workers who are well trained, and benefit from receiving services from professionals who have spent time as direct support workers.

42 USC 15112.

SEC. 302. DEFINITIONS.

In this title: (1) DEVELOPMENTAL DISABILITY.—The term ‘‘developmental disability’’ has the meaning given the term in section 102.

(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu­ tion of higher education’’ has the meaning given the term in section 1201 of the Higher Education Act of 1965 (20 U.S.C. 1141).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00058

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1735

SEC. 303. REACHING UP SCHOLARSHIP PROGRAM.

42 USC 15113.

(a) PROGRAM AUTHORIZATION.—The Secretary may award grants to eligible entities, on a competitive basis, to enable the entities to carry out scholarship programs by providing vouchers for postsecondary education to direct support workers who assist individuals with developmental disabilities residing in diverse set­ tings. The Secretary shall award the grants to pay for the Federal share of the cost of providing the vouchers. (b) ELIGIBLE ENTITY.—To be eligible to receive a grant under this section, an entity shall be— (1) an institution of higher education; (2) a State agency; or (3) a consortium of such institutions or agencies. (c) APPLICATION REQUIREMENTS.—To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and con­ taining such information as the Secretary may require, including a description of— (1) the basis for awarding the vouchers; (2) the number of individuals to receive the vouchers; and (3) the amount of funds that will be made available by the eligible entity to pay for the non-Federal share of the cost of providing the vouchers. (d) SELECTION CRITERIA.—In awarding a grant under this sec­ tion for a scholarship program, the Secretary shall give priority to an entity submitting an application that— (1) specifies that individuals who receive vouchers through the program will be individuals— (A) who are direct support workers who assist individ­ uals with developmental disabilities residing in diverse settings, while pursuing postsecondary education; and (B) each of whom verifies, prior to receiving the voucher, that the worker has completed 250 hours as a direct support worker in the past 90 days; (2) states that the vouchers that will be provided through the program will be in amounts of not more than $2,000 per year; (3) provides an assurance that the eligible entity (or another specified entity that is not a voucher recipient) will contribute the non-Federal share of the cost of providing the vouchers; and (4) meets such other conditions as the Secretary may specify. (e) FEDERAL SHARE.—The Federal share of the cost of providing the vouchers shall be not more than 80 percent.

SEC. 304. STAFF DEVELOPMENT CURRICULUM AUTHORIZATION.

42 USC 15114.

(a) FUNDING.— (1) IN GENERAL.—The Secretary shall award funding, on a competitive basis, through a grant, cooperative agreement, or contract, to a public or private entity or a combination of such entities, for the development, evaluation, and dissemina­ tion of a staff development curriculum, and related guidelines, for computer-assisted, competency-based, multimedia, inter­ active instruction, relating to service as a direct support worker.

(2) PARTICIPANTS.—The curriculum shall be developed for individuals who—

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00059

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1736

PUBLIC LAW 106–402—OCT. 30, 2000

(A) seek to become direct support workers who assist individuals with developmental disabilities or are such direct support workers; and (B) seek to upgrade their skills and competencies related to being a direct support worker. (b) APPLICATION REQUIREMENTS.—To be eligible to receive an award under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (1) a comprehensive analysis of the content of direct support roles; (2) information identifying an advisory group that— (A) is comprised of individuals with experience and expertise with regard to the support provided by direct support workers, and effective ways to provide the support, for individuals with developmental disabilities in diverse settings; and (B) will advise the entity throughout the development, evaluation, and dissemination of the staff development cur­ riculum and guidelines; (3) information describing how the entity will— (A) develop, field test, and validate a staff development curriculum that— (i) relates to the appropriate reading level for direct service workers who assist individuals with disabilities; (ii) allows for multiple levels of instruction; (iii) provides instruction appropriate for direct sup­ port workers who work in diverse settings; and (iv) is consistent with subsections (b) and (c) of section 101 and section 109; (B) develop, field test, and validate guidelines for the organizations that use the curriculum that provide for— (i) providing necessary technical and instructional support to trainers and mentors for the participants; (ii) ensuring easy access to and use of such cur­ riculum by workers that choose to participate in using, and agencies that choose to use, the curriculum; (iii) evaluating the proficiency of the participants with respect to the content of the curriculum; (iv) providing necessary support to the participants to assure that the participants have access to, and proficiency in using, a computer in order to participate in the development, testing, and validation process; (v) providing necessary technical and instructional support to trainers and mentors for the participants in conjunction with the development, testing, and validation process; (vi) addressing the satisfaction of participants, individuals with developmental disabilities and their families, providers of services for such individuals and families, and other relevant entities with the cur­ riculum; and (vii) developing methods to maintain a record of the instruction completed, and the content mastered, by each participant under the curriculum; and (C) nationally disseminate the curriculum and guide­ lines, including dissemination through—

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00060

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1737

(i) parent training and information centers funded under part D of the Individuals with Disabilities Edu­ cation Act (20 U.S.C. 1451 et seq.); (ii) community-based organizations of and for individuals with developmental disabilities and their families; (iii) entities funded under title I; (iv) centers for independent living; (v) State educational agencies and local edu­ cational agencies; (vi) entities operating appropriate medical facili­ ties; (vii) postsecondary education entities; and (viii) other appropriate entities; and (4) such other information as the Secretary may require.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

42 USC 15115.

(a) SCHOLARSHIPS.—There are authorized to be appropriated to carry out section 303 $800,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007. (b) STAFF DEVELOPMENT CURRICULUM.—There are authorized to be appropriated to carry out section 304 $800,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 and 2003.

TITLE IV—REPEAL SEC. 401. REPEAL.

(a) IN GENERAL.—The Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is repealed. (b) CONFORMING AMENDMENTS.— (1) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—Sec­ tions 644(b)(4) and 685(b)(4) of the Individuals with Disabilities Education Act (20 U.S.C. 1444(b)(4), 1484a(b)(4)) are amended by striking ‘‘the Developmental Disabilities Assistance and Bill of Rights Act’’ and inserting ‘‘the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(2) NATIVE AMERICAN HOUSING ASSISTANCE AND SELF­ DETERMINATION ACT OF 1996.—Section 4(17)(C) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(17)(C)) is amended by striking ‘‘as defined in’’ and all that follows and inserting ‘‘as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.’’.

(3) REHABILITATION ACT OF 1973.—(A) Section 105(c)(6) of the Rehabilitation Act of 1973 (29 U.S.C. 725(c)(6)) is amended by striking ‘‘the State Developmental Disabilities Council described in section 124 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6024)’’ and inserting ‘‘the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 762(h)(2)(D)(iii),

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00061

Fmt 6580

Sfmt 6581

20 USC 1485.

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1738

PUBLIC LAW 106–402—OCT. 30, 2000 781(a)(5)(A)) are amended by striking ‘‘Developmental Disabil­ ities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)’’ and inserting ‘‘Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) of section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e) are amended by striking ‘‘part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)’’ and inserting ‘‘subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(D) Section 509(f)(5)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794e(f)(5)(B)) is amended by striking ‘‘Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)’’ and inserting ‘‘Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(4) ASSISTIVE TECHNOLOGY ACT OF 1998.—(A) Section 3(a)(11)(A) of the Assistive Technology Act of 1998 (29 U.S.C. 3002(a)(11)(A)) is amended by striking ‘‘part C of the Develop­ mental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)’’ and inserting ‘‘subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(B) Paragraphs (1) and (2) of section 102(a) of the Assistive Technology Act of 1998 (29 U.S.C. 3012(a)) are amended by striking ‘‘Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)’’ and inserting ‘‘Develop­ mental Disabilities Assistance and Bill of Rights Act of 2000’’.

(5) HEALTH PROGRAMS EXTENSION ACT OF 1973.—Section 401(e) of the Health Programs Extension Act of 1973 (42 U.S.C. 300a–7(e)) is amended by striking ‘‘or the’’ and all that follows through ‘‘may deny’’ and inserting ‘‘or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 may deny’’.

(6) SOCIAL SECURITY ACT.—(A) Section 1919(c)(2)(B)(iii)(III) of the Social Security Act (42 U.S.C. 1396r(c)(2)(B)(iii)(III)) is amended by striking ‘‘part C of the Developmental Disabilities Assistance and Bill of Rights Act’’ and inserting ‘‘subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(B) Section 1930(d)(7) of the Social Security Act (42 U.S.C. 1396u(d)(7)) is amended by striking ‘‘State Planning Council established under section 124 of the Developmental Disabilities Assistance and Bill of Rights Act, and the Protection and Advocacy System established under section 142 of such Act’’ and inserting ‘‘State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 and the protection and advocacy system established under subtitle C of that Act’’.

(7) UNITED STATES HOUSING ACT OF 1937.—Section 3(b)(3)(E)(iii) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)(iii)) is amended by striking ‘‘develop­ mental disability’’ and all that follows and inserting ‘‘develop­ mental disability as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.’’.

(8) HOUSING ACT OF 1949.—The third sentence of section 501(b)(3) of the Housing Act of 1949 (42 U.S.C. 1471(b)(3)) is amended by striking ‘‘developmental disability’’ and all that follows and inserting ‘‘developmental disability as defined in

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00062

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

PUBLIC LAW 106–402—OCT. 30, 2000

114 STAT. 1739

section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.’’.

(9) OLDER AMERICANS ACT OF 1965.—(A) Section 203(b)(17) of the Older Americans Act of 1965 (42 U.S.C. 3013(b)(17)) is amended by striking ‘‘Developmental Disabilities and Bill of Rights Act’’ and inserting ‘‘Developmental Disabilities Assist­ ance and Bill of Rights Act of 2000’’.

(B) Section 427(a) of the Older Americans Act of 1965 (42 U.S.C. 3035f(a)) is amended by striking ‘‘part A of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001 et seq.)’’ and inserting ‘‘subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(C) Section 429F(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3035n(a)(1)) is amended by striking ‘‘section 102(5) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(5))’’ and inserting ‘‘section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(D) Section 712(h)(6)(A) of the Older Americans Act of 1965 (42 U.S.C. 3058g(h)(6)(A)) is amended by striking ‘‘part A of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001 et seq.)’’ and inserting ‘‘subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(10) CRIME VICTIMS WITH DISABILITIES AWARENESS ACT.— Section 3 of the Crime Victims With Disabilities Awareness Act (42 U.S.C. 3732 note) is amended by striking ‘‘term’’ and all that follows and inserting the following ‘‘term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.’’.

(11) CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT.—The third sentence of section 811(k)(2) of the CranstonGonzalez National Affordable Housing Act (42 U.S.C. 8013(k)(2)) is amended by striking ‘‘as defined’’ and all that follows and inserting ‘‘as defined in section 102 of the Develop­ mental Disabilities Assistance and Bill of Rights Act of 2000.’’.

(12) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.— Section 670G(3) of the State Dependent Care Development Grants Act (42 U.S.C. 9877(3)) is amended by striking ‘‘section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act’’ and inserting ‘‘section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(13) PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVID­ UALS ACT OF 1986.—(A) Section 102(2) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10802(2)) is amended by striking ‘‘part C of the Developmental Disabilities Assistance and Bill of Rights Act’’ and inserting ‘‘subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(B) Section 114 of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10824) is amended by striking ‘‘section 107(c) of the Developmental Disabilities Assist­ ance and Bill of Rights Act’’ and inserting ‘‘section 105 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00063

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

114 STAT. 1740

PUBLIC LAW 106–402—OCT. 30, 2000 (14) STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT.— Section 422(2)(C) of the Stewart B. McKinney Homeless Assist­ ance Act (42 U.S.C. 11382(2)(C)) is amended by striking ‘‘as defined’’ and all that follows and inserting ‘‘as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000, or’’.

(15) ASSISTED SUICIDE FUNDING RESTRICTION ACT OF 1997.— (A) Section 4 of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14403) is amended— (i) by striking the section heading and inserting the following:

‘‘SEC. 4. RESTRICTION ON USE OF FEDERAL FUNDS UNDER CERTAIN GRANT PROGRAMS.’’;

and (ii) by striking ‘‘part B, D, or E of the Developmental Disabilities Assistance and Bill of Rights Act’’ and inserting ‘‘subtitle B, D, or E of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(B) Section 5(b)(1) of the Assisted Suicide Funding Restric­ tion Act of 1997 (42 U.S.C. 14404(b)(1)) is amended by striking subparagraph (A) and inserting the following: ‘‘(A) PROTECTION AND ADVOCACY SYSTEMS UNDER THE DEVELOPMENTAL DISABILITIES ASSISTANCE RIGHTS ACT OF 2000.—Subtitle C of the

AND

BILL

OF

Developmental Disabilities Assistance and Bill of Rights Act of 2000.’’.

Approved October 30, 2000.

LEGISLATIVE HISTORY—S. 1809 (H.R. 4920): CONGRESSIONAL RECORD: Vol. 145 (1999): Nov. 8, considered and passed Senate.

Vol. 146 (2000): Oct. 11, considered and passed House.

Æ

VerDate 11-MAY-2000

14:46 Nov 16, 2000

Jkt 089139

PO 00402

Frm 00064

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL402.106

apps13

PsN: PUBL402

DD Council Member Guide

For people appointed to serve or interested in serving on a Council for Developmental Disabilities This guide provides information about the role and responsibilities of a DD Council Member.

This project was supported, in part by grant number 90DN0292, from the U.S. Administration for Community Living, Department of Health and Human Services, Washington, D.C. 20201. Grantees undertaking projects under government sponsorship are encouraged to express freely their findings and conclusions. Points of view or opinions do not, therefore, necessarily represent official Administration for Community Living policy.

1

What is the purpose of a Developmental Disabilities (DD) Council?

Acronym Alert: Acronyms are initials that stand for a certain word. ¡ DD means Developmental Disability ¡ AIDD means the Administration on Intellectual and Developmental Disabilities

The purpose of the DD Council is to help people with developmental disabilities to use self-determination, be independent, be productive and be integrated and included in all parts community life. Councils on Developmental Disabilities are located in every State and select US Territories. DD Council members serve as volunteers and are appointed by the state governor to represent and advocate for people with developmental disabilities and their families.

Before the first passage of the Developmental Disabilities Act in 1970, families received almost no help, children could not attend schools, and many people were sent to State institutions for life. Over the past 40+ years, DD Councils have helped to bring about some remarkable changes.

What is the Developmental Disabilities Act (DD Act)?

The Developmental Disabilities Assistance and Bill of Rights Act of 2000 Public Law 106-402 (usually called the DD Act) is federally implemented by the Administration on Intellectual and Developmental Disabilities.

Title I, Subtitle B in the DD Act explains the function of a Council. This title says that DD Councils must include and support people with developmental disabilities and their families to take part in the design of and have access to needed community services and individualized supports. These include other forms of assistance that promote selfdetermination, independence, productivity, integration and inclusion in all parts of community life.

2

Main values in the DD Act (PL 106-402) Independence – to have control Productivity – to work or make other contributions to a household or community Integration – to have the right to the same opportunities, services, and community resources as other people Inclusion – to fully take part in learning, living, working, and other community activities

AIDD develops program regulations and provides technical assistance and guidance to state programs.

AIDD Central office staff is assigned to assist DD Councils; these staff members are available and helpful. If a DD Council needs help from AIDD, they are just a phone call away!

Annually, AIDD sponsors a Technical Assistance Institute for Councils on Developmental Disabilities through the Technical Assistance grant and/or contract.

All DD Council State plans and fiscal and program reports are submitted to and approved by AIDD. The DD Council reporting information is used by AIDD to develop reports to Congress.

3

What is the DD Council’s relationship with the Administration on Intellectual and Developmental Disabilities (AIDD)?

Acronym Alert: · UCEDD means University Centers for Excellence in Developmental Disabilities Education · P & A means Protection & Advocacy System · DHHS means The United States Department of Health and Human Services · ACF means Administration on Children and Families · ACL means Administration on Community Living · U.S. means United States

The Administration on Intellectual and Developmental Disabilities (AIDD) is the federal agency for the DD Act Programs. AIDD provides funding and oversight of State Councils on Developmental Disabilities, Protection & Advocacy Systems (P&A’s), the University Centers for Excellence in Developmental Disabilities Education (UCEDD’s), Research and Service, Projects of National Significance (PNS), The President’s Committee for People with Intellectual Disabilities, and The Help America Vote Act. AIDD’s place in Federal Government US Department of Health and Human Services (HHS)

Administration on Community Living (ACL)

Administration on Intellectual and Developmental Disabilities (AIDD)

Administration on Aging

Center for Disability and Aging Policy

Center for Management and Budget

4

Administration on Intellectual and Developmental Disabilities (AIDD) The Department of Health and Human Services (DHHS) is the United States (U.S.) government's main agency for protecting the health of all Americans and provides essential human services, especially for those who are least able to help themselves.

HHS includes more than 300 programs. One of the agencies in the Department of Health and Human Services is the Administration on Community Living (ACL).

The Administration on Intellectual and Developmental Disabilities (AIDD) is the U.S. Government organization responsible for seeing that the Developmental Disabilities Assistance and Bill of Rights Act of 2000, known as the DD Act, is put into action. AIDD, its staff and programs, are part of the Administration for Community Living, of the U.S. Department of Health and Human Services.

What are the three programs that make up the DD Network?

Acronym Alert: PNS means Projects of National Significance There are three programs created from the DD Act. These three programs are commonly called the Developmental Disabilities Network. The three programs are: ·

DD Councils (the one you are now a member of). There are 56 DD Councils funded under the DD Act.

·

Protection and Advocacy Program (P & A’s). The P&A protects the legal and human rights of all people with developmental disabilities. There are 57 State protection and advocacy systems funded under the DD Act.

·

University Centers for Excellence in Developmental Disabilities Education (UCEDD) UCEDD’s perform interdisciplinary training, community service, technical assistance, research, and information dissemination activities. UCEDD programs are designed to increase the independence, productivity, and community integration of individuals with developmental disabilities. There are 68 UCEDD’s funded under the DD Act.

·

Projects of National Significance (PNS) is not one of the sister agencies but is considered a network partner that provide grants, contracts, or cooperative agreements to create opportunities for people with developmental disabilities to participate in all areas of the community.

5

DD Act Network Partners Infographic

6

What are the responsibilities of a DD Council as a Whole?

Promote and support advocacy, systems change and capacity building for people with developmental disabilities and their families.

Support programs, projects and activities that improve the quality of life for people with disabilities.

Develop and put into action a 5-year State plan.

Watch the progress of the 5-year State plan and make changes as necessary.

Review the designated state agency from time to time.

Report DD Council activities to AIDD. Prepare, approve and put a budget into action annually.

Hire an Executive Director, evaluate the Executive Director yearly following state laws and processes.

Establish, strengthen or collaborate with a self advocacy organization to help provide leadership opportunities for people with developmental disabilities.

Develop and monitor grants and contracts.

Who are the Council Members?

60 percent of the all Council members must be: 1) People with developmental disabilities.

2) Parents or guardians of children with developmental disabilities.

3) Immediate relatives or guardians of adults with intellectual disabilities who cannot speak for themselves.

4) In addition these Council members cannot be a managing employee of an agency that receives money from the Council.

7

Of the members of the Council described above: ·

1 /3 must be individuals with developmental disabilities.

·

1 /3 must be parents or guardians of children with developmental disabilities described in paragraph, or immediate relatives or guardians of adults with developmental disabilities.

·

1 /3 must be a combination of individuals with developmental disabilities or family members of people with developmental disabilities.

·

At least one DD Council member must be an immediate relative or guardian of an individual with a developmental disability who lives or used to live in an institution or the member could be an individual with a developmental disability who lives or used to live in an institution.

The other members of the DD Council speak and act for agencies and organizations listed below: ·

Rehabilitation Act

·

Individuals with Disabilities Education Act

·

Older Americans Act

·

Maternal and Child Health Programs of Title V of the Social Security Act

·

Medicaid/Title XIX of the Social Security Act

·

University Center(s) for Excellence in Developmental Disabilities

·

Protection and Advocacy System

·

Local and non-governmental agencies involved with services for individuals with developmental disabilities

·

Non profit groups involved with services for individuals with developmental disabilities

8

Basic responsibilities of a DD Council Member

Adapted from BoardSource Governance Series

Role and Responsibility: What is the difference?

Role defines position within an organization Responsibility defines duties of the position  Determine mission (the purpose of a DD Council is mandated by the DD Act) o Create and review a statement of mission and purpose that speaks to the DD Council’s goals and primary people served.

TIP: Use the mission statement as a frame of reference when making DD Council decisions. Review the mission statement regularly for the purpose of reaffirming the current mission statement or to determine if changes need to be made.  Select the Executive Director o Review and update the Executive Director’s job duties and responsibilities; conduct a careful search to find the most qualified person for the position This is a DD Act mandate. The DD Council recruits and hires the Executive Director. The Executive Director recruits, hires, all other staff.  Support and annually evaluate the Executive Director o DD Council members should ensure the Executive Director (ED) has the moral and professional support to further the goals of the organization; annually evaluate the Executive Director following applicable policies and procedures.

The annual evaluation of the DD Council ED is required by the DD Act. The annual evaluation is important for providing feedback on job performance and often time includes highlights and accomplishments from the year, areas for improvement, plans for professional development and goals for the coming year. The ways for conducting an evaluation vary from DD Council to DD Council; however, it is important that the annual 9

evaluation for a DD Council Executive Director is conducted by the DD Council (not the DSA or other entity of the state).

TIP: Ensure all DD Council members know the general process and timeline for the annual evaluation of the Executive Director. The responsible person or person(s) should inform the DD Council of the completion and results of the annual evaluation once completed.  Ensure effective planning o DD Council members should actively participate in the overall planning process for the DD Council 5 – year state plan This is a DD Act mandate. “The Council shall develop the State plan and submit…..” Active participation means that a DD Council member will use the information gained from the Comprehensive Review and Analysis (the present status of services and supports provided for people with DD and their families in the State) and information from the public to identify the unmet needs of people with DD and their families.

TIP: The personal experiences citizen members of a DD Council brings to the Council is important because they have current knowledge and experiences about accessing the service delivery system, community services, personalized supports and other experiences connected to the disability experience. However, individual DD Council members represent all citizens with developmental disabilities in the State/Territory. In other words, the leadership and guidance provided by a DD Council member affects all citizens with developmental disabilities in the State/Territory.

DD Council members can take advantage of opportunities to listen to other people in the State/Territory who live with developmental disabilities.

Information gained at the local level can be shared during DD Council meetings.  Implement and monitor the DD Council 5 year State plan o DD Council members should actively participate in the implementation of the 5-year State plan (by providing leadership for strategies, activities, and approving funding) and monitor the plan’s goals Each year, a DD Council must submit a report of its progress toward the goals of the 5-year state plan. This report is called the Annual Program Performance Report – or PPR. Many DD Councils include a status report on all activities of the 5-year State plan during their regular scheduled meetings. This is a great way for the Council to celebrate successes, address challenges, and provide leadership and guidance to the DD Council staff on the implementation of the 5-year State plan.

10

TIP: As part of each DD Council meeting agenda, report on activities and initiatives used to implement the 5-year State plan. Ensure all DD Council members know what process the DD Council staff uses to assess the impact of DD Council work; determine how the information can be used to inform the work and future decisions.

Note: The DD Act mandates a minimum of 70% of each year’s federal grant award be dedicated to implementing the goals/objectives of the DD Council 5-year State plan.  Approve and implement the budget; provide financial oversight o DD Council members should assist in developing, approving and implementing the annual budget This is a DD Act mandate. Each Council shall prepare, approve and implement an operating budget – this often includes tasks such as approving funds for grant projects/initiatives, approving funds for DD Council staff to conduct activities and/or approving new and continuation grant awards. In addition, a DD Council should provide financial oversight by monitoring the Council’s financial status on a regular basis (most Councils do this as part of their regularly scheduled meetings).

In order for a DD Council member to fulfill their ROLE, and perform the responsibilities of their role, the following is common information DD Council staff provide to DD Council members:  Annual Operating budget  Funds awarded for grants and/or contracts for Initiatives  Summary of Federal Year of Funds  Funds Available for Future Projects Common responsibilities of DD Council staff related to budget activities include: Establish the operating budget for the DD Council, allocation of funds among strategies and initiatives; approving expenditures of funds within the budget approved by the DD Council; completing financial reports in a timely manner; and, recommending budgetary activities.  Build a competent DD Council o Identify potential members for appointment; orient and mentor new members; periodically evaluate individual and overall DD Council membership effectiveness

11

A DD Council will only be as effective as its individual members. The DD Act allows for DD Councils to recommend to the Governor people to serve as members. This is not a mandate, but allowed and should work in concert with the process the DD Council follows in the State/Territory.

Orientation to the DD Council will help clarify expectations for individual DD Council members. Orientation sessions typically include responsibilities, how the DD Council is organized to do the work, relationships with staff, etc. Additional information such as mission, history, major achievements and accomplishments, budget, 5-year state plan, initiatives and other topics are typically included.  Ensure legal and ethical integrity (conflict of interest, code of conduct, etc.) o Be knowledgeable about legal and ethical requirements for public officials; follow all conflict of interest policies (and other policies, as applicable) to ensure the public trust.

Words such as diligence, commitment, and vigilance are often attached to a DD Council’s member’s role as they oversee Council business – words such as compliance, transparence and accountability are often attached to the DD Council reputation and public standing.

Compliance means that the DD Council is adhering to the regulatory (DD Act mandates) and legal conditions required for the funding and operation of a DD Council.

Transparency means being open with accurate information about funding, the use of funding, major activities and other areas such as organizational policies and procedures, requests for information, etc.

Accountability refers to the ability to follow DD Council policies and procedures. Annually, a DD Council is required to share information with policymakers, the public, agencies, and other stakeholders about DD Council activities, accomplishments, and challenges for specific reporting periods. In addition, the DD Act mandates all Councils adopt and use a conflict of interest policy to ensure DD Council members are free from real or perceived conflict(s) of interest.  Enhance the DD Council’s public standing o Be able to talk about the DD Council mission, accomplishments and goals to the public and gain support from the community.

DD Council members serve as a link between the DD Council and the citizens of the State. The ability to strategically communicate a DD Council’s story and contribute to a healthy and accurate public image for the DD Council is essential. DD Council members should be in a position 12

to talk about DD Council achievements (information in annual reports, press releases, web-site announcements), and be able to deliver an interesting and compelling explanation of a DD Council’s purpose and mission.

What is the State Plan?

The State plan tells the public how services and programs for individuals with DD and their families should look five years from now. The plan provides guidance to the DD Council on how it spends its resources. Each year, DD Councils are required to review and update their plan if necessary.

The DD Act describes Areas of Emphasis that are important to people with developmental disabilities. DD Councils can spend money and perform activities in these areas.

Areas of Emphasis · Quality Assurance (Self-Advocacy) · Child-care · Education and early intervention · Employment · Health · Housing · Recreation · Transportation · Formal and Informal Community supports

What are some tools (strategies) a DD Council can use to achieve its mission?

Below is a list of ‘tools’ (strategies) that DD Councils can use to implement their State plan goals: ·

Research and data gathering.

·

Policy papers and reports about issues that impact people with developmental disabilities.

·

Education (information) to the media and general public.

13

·

Advice to the Governor, legislature and agencies on policy that impacts people with developmental disabilities.

·

Testimony in committee about how legislation will impact people with disabilities.

·

Help to self advocates and families to learn about and connect with the political process.

·

Grants/Demonstration of approaches to services and supports.

·

Input from the community.

Below are ‘tools’ (strategies) a Council ·

Protest Politics

·

Lawsuits

·

Lobbying

cannot use:

What is a Designated State Agency (DSA)?

Acronym Alert: DSA means Designated State Agency

DD Councils must have a designated State agency (DSA). The DSA can be the DD Council or another agency or office of the State. The DSA receives the federal funds and pays for all expenses of the DD Council. The Administration on Intellectual and Developmental Disabilities has stated, “There does not have to be any program relationship between the Council and its designated State agency” it is primarily a fiscal relationship.

The Act says that DD Councils cannot have a DSA that is an agency that pays for or provides services to people with developmental disabilities unless it was the DSA before 1994.

14

Why is the independence of Council important?

State Councils on Developmental Disabilities are unique in the state government framework. DD Councils are afforded protection under the DD Act, and yet are often placed in unbending state structures.

There are several clauses in the DD Act that DD Councils should know about for their interactions within state structures.

The first is the “noninterference clause.” The clause says that the DSA, or any other agency or office of the State, cannot get in the way of the DD Council and the implementation of the DD Council’s 5-year State plan, employees, budgets or specific activities. In general, the DSA must provide: · Support services (as requested and negotiated by with the DD Council) · Fiscal responsibilities o Receive o Account for o Disbursement of funds o Proper fiscal control and fund accounting procedures · Records, access and financial reports o Provide timely financial reports about the status of expenditures, obligations and liquidations of the basic grant award · Non-federal share (In-kind contributions, contributions of political subdivisions and public or private entities and other variations) · Assurances (shall assist the DD Council in obtaining) · Memorandum of Understanding (on request of the DD Council – used to outline roles and responsibilities of the DSA and the DD Council) The second is the statements about budgets. A state or territory cannot apply hiring freezes, make the DD Council reduce its staff, tell DD Councils they cannot travel, or tell a DD Council they cannot use federal funds to carry out activities under the DD Act. A third area of independence concerns DD Council staff hiring and supervision. A DD Council is required to hire a Director of the Council, should the position become vacant, and supervise and annually evaluate the Director. The Council Director hires, supervises and annually evaluates the staff of the DD Council. Staff of the DD Council, while working for the Council, shall work solely for the DD Council – staff cannot be assigned duties by the Designated State Agency or any other agency or entity of the 15

State. The DD Council must remain consistent with State laws and policies that govern hiring and personnel issues.

If I want to be involved with my State/Territory DD Council where do I start?

If you are interested and ready to advocate for, and strengthen leadership skills in individuals with disabilities and their families simply contact your State/Territory DD Council. Many DD Councils have an application process, with term limits and committees. Some DD Council appointments are handled solely through the Governor’s Appointments Office. While every Council works a little bit differently all members of all Councils are appointed by the Governor of the State/Territory. .

What else do I need to know about my State/Territory DD Council?

Some questions you might find helpful to ask the DD Council Chairperson, Executive Director or DD Council member might be: · · · · · · · · ·

How is the DD Council established in our State (for example: Executive Order, State Statute)?

What is the DD Council’s vision and/or mission statement?

Who is the DD Council’s Designated State Agency (DSA)?

Who are the representatives of our DD Network programs?

Who are the DD Council Staff and what is their job(s)?

What is the DD Council attendance policy?

Where is the DD Council meetings held?

Where can I find DD Council meeting dates?

Who do I contact for questions and support?

16

Appendices Appendices allow a Council Member to get even more information about DD Councils if they are interested.

1. History of DD Councils 2. Meeting basics 3. Resource Web Sites

17

1. History of DD Councils FROM THE HISTORY FILES… The Developmental Disabilities Assistance and Bill of Rights Act 2000 (PL 106-402) was written to improve service systems for individuals with developmental disabilities, and other purposes.

The history of the Developmental Disabilities Act (DD Act) is outlined below. It is important to know the history of the DD Act and understand the evolution over the years.

DEVELOPMENTAL DISABILITIES ACT HISTORY

1970

1975

Developmental disabilities Services and Facilities Construction Act of 1970 (P.L. 91-517) – (Amended Mental Retardation Facilities and Community Health Facilities Construction Act of 1963) · Added term “developmental disabilities” to expand target population beyond individuals with mental retardation, to also include individuals with cerebral palsy, epilepsy, and certain other neurological conditions which originate prior to age 18 · Required states to establish a State Planning and Advisory Council responsible to submit and annual plan · Established National Advisory Council · Established university affiliated facilities program (UAF)

· · · · · ·

Developmental Disabilities Assistance and Bill of Rights Act (P.L. 94-103) Added autism and dyslexia to definition Councils required to prepare plans on deinstitutionalization in their state Individualized Habilitation Plans required in grant projects DD Protection and Advocacy system created Councils appointed by Governor; no longer called “advisory” Role of Council to advocate established

1978

Developmental Disabilities Amendments (P.L. 95-602) · Definition revised to functional definition; age of onset raised to 22 · “Priority areas” added for services and projects · Council consumer representation requirement raised to 50% · National Advisory Council dissolved

1981

Developmental Disabilities Act Amendments (through Omnibus Reconciliation Act – P.L. 97035) · Reauthorization with minimal changes

1984

Developmental Disability Act of 1984 (P.L. 98-527) · “Employment-related activities” added as mandated priority · Values of Independence, Productivity, and Integration expressed

18

· 1987

“People First language” used throughout the Act

Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 (P.L. 100-146) · · · · ·

Focus on the capabilities, competencies, and preferences, as well as needs of persons with developmental disabilities.

Strengthened independence of the Council Focused Councils on “system change” efforts Required 1990 Report planning effort Supported role of Council in public policy advocacy and educating policymakers

1990 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1990 (P.L. 100-496) · · · · 1994 · · · · · · · ·

Further strengthened independence of Councils Revised the responsibilities of “designated state agency” Added values of inclusion and interdependence Modified definition as applied to children under age 5 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994 (P.L. 103-230) Reorganized and simplified Act. Revised “integration and inclusion” as key principle Included emphasis on cultural diversity and culturally competent services and supports Added new definition for Personal Attendant Services Revised language to refer to State DD Council (dropped Planning from reference) Added language that the Act does not “preclude a Council from engaging in systemic change, capacity building, and advocacy activities for individuals other than developmental disabilities, where appropriate.”

Provided as “Projects of National Significance” a special initiative to investigate the expansion of Council activities to individuals with severe disabilities other than developmental disabilities.

Further clarified role of Designated State Agency to provide support services “as requested by and negotiated with the Council”, and required the DSA to enter into a memorandum of understanding with the Council if requested by the Council.

1996 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1996 · Extended authorization of the DD Act through 1999 2000 · ·

Developmental Disabilities Assistance and Bill of Rights Act of 2000 (P.L. 104-402) Extended and reauthorized the Act through 2007 Revised requirements for State Plans for five years

19

· · · · · · ·

Added nine “areas of emphasis” instead of “priority areas” Added definition of self-determination Clarified application of DD definition for children to age 9 Requires Councils to report on waiting lists in each state Requires Councils to support self-advocacy organizations and leadership training opportunities Requires at least 60% of the Council to be individuals with developmental disabilities or family members and ads a representative of the Medicaid Title V agency to the Council Requires annual reports to include information about consumer satisfaction with Council supported activities OTHER DISABIITY LAWS THAT MIGHT BE HELPFUL TO KNOW ABOUT

The Americans with Disabilities Act of 1990 The Telecommunications Act of 1996 The Fair Housing Act of 1989 The Air Carrier Access Act of 1986 The Voter Accessibility for the Elderly & Handicapped Act 1984 National Voter Registration Act 1993 Civil Rights of Institutionalized Persons Act 1980 Individuals with Disabilities Education Act 1975 Architectural Barriers Act 1968 Developmental Disabilities Assistance & Bill of Rights Act 1975 The Rehabilitation Act of 1973

20

2. Meeting basics Every member of an organization should be familiar with the following simple rules and customs: All members have equal rights, privileges, and obligations; rules must be administered impartially.

In voting, members have the right to know at all times what motion is before the assembly and what affirmative and negative votes mean.

Basic Meeting Rules 1. All remarks are addressed to the presiding chairperson.

2. The chairperson calls the meeting to order.

3. The chairperson checks to see if there is a quorum.

4. The agenda is approved.

5. The minutes are approved.

6. Committee /Chair reports - if applicable.

7. Announcements 8. Old Business (unfinished business from previous meetings.)

9. New business 10. Program (guest speakers, etc.,) if applicable.

11. Adjournment Things to know…

1. Addressing the Chair – Chair or Chairperson 2. Quorum – applies to full DD Council and committee meetings.

3. Point of Order – Can be called when there is a breach in basic meeting conduct.

4. Member rights – The minority has rights that must be protected. Members must not attack and/or question the motives of other members.

Making a Motion (Basics) 1. A Council member raises his/her hand, is recognized by the Chairperson, makes the motion clearly and concisely.

2. The motion is seconded.

3. The Chairperson restates the motion to the audience.

4. The Council debates/discusses the motion. a. No member may speak twice to the same issue until everyone who wishes to speak has spoken once. b. All remarks must be directed to the chair. c. All remarks must be courteous, on point, unbiased and non-judgmental. d. The Chairperson should moderate discussion.

5. A motion can be amended.

6. The “question” is called. This ends debate/discussion.

7. The vote is taken.

8. The Chairperson announces whether the motion was adopted or not; instructs the correct council member or council staff member to take action.

Note: The above content may not be consistent with laws/policies of each state/territory requirements established by respective Open Meetings laws. Please check local rules.

21

3. Resource Web Sites Resource Web-sites you may find helpful: The Department of Health and Human Services http://www.hhs.gov/ The Administration on Children and Families https://www.acf.hhs.gov/ Administration for Community Living http://www.acl.gov/ Administration on Intellectual and Developmental Disabilities http://www.acl.gov/Programs/AIDD/Index.aspx National Association of Councils on Developmental Disabilities www.nacdd.org Information and Technical Assistance Center for Councils on Developmental Disabilities http://www.itacchelp.org National Disability Rights Network http://www.ndrn.org/index.php Association of University Centers on Disability http://www.aucd.org/template/index.cfm

22

OHIO DEVELOPMENTAL DISABILITIES COUNCIL

FIVE – YEAR STATE PLAN 2022 – 2026 for DEVELOPMENTAL DISABILITIES Project Descriptions

Provisionally Approved by Council 12.04.2020

Supplemental Information This “Supplemental Information” is the reader-friendly version of the 2022-2026 FiveYear State Plan. The content is the same as what will be sent to the Administration on Developmental Disabilities in its required electronic form. This document also includes for each project, a section called Background, Rationale and Scope of Project. To request a copy of the EDS document, or a list of collaborative partners for a project, please contact the Council at 614-466-5205 or 1-800-766-7426.

Revised 11.23.2020 gld

Table of Contents EXECUTIVE COMMITTEE PROJECTS ..……………………………..…….. 4 Capacity Building, Advocacy, and Systems Change by Council Staff.5 Systems Change and Advocacy by Members/Council Travel …….. 11 Consumer Satisfaction Survey ……………………………...………... 16 External Evaluation of Council’s Projects & Processes ……………. 19 Executive Committee Discretionary Fund …………………………… 22 Public Awareness Using Digital Media for People with Developmental Disabilities ……...……………………………………………………….25 CHILDREN & HEALTH PROJECTS ………………………………………....30 Come Together .………………………………………………………....31 Empowering Families …………………………………………………...34 Inclusive Recreation ………………………….................................... 37 COMMUNITY LIVING PROJECTS …………………………………………. 40 DSP White Paper in Action ……………………………….……………41 Replicate and Expand Transportation Project ……………………… 46 SOAR Ohio Project & Ohio Statewide Independent Living Council..51 EMPLOYMENT PROJECTS ………………………………………………… 55 Dollars and Sense ………………………………………………………56 Employer Engagement …………………………….……….…………. 60 2

Employment Resources ……………………………………………….. 64 Ohio DB 101 Videos ………………………………………….………... 68 LEADERSHIP DEVELOPMENT PROJECTS ……………………………... 71 Emerging Advocates ……………………………………………….….. 72 Empowering People with Disabilities ………………………………… 76 ODDC and Advocacy ………………………………………………......79 OUTREACH PROJECTS ……………………………………………………. 82 Detecting Specific Disorders for Amish and Non-Amish Community Project …………………………………………………………………... 83 Empowering Reachout E-Diversity Newsletter …………….…..…… 87 Human Trafficking and Vulnerable Populations ……………………..93 Ohio’s LGBTQ Community and People with Disabilities …………..100 PUBLIC POLICY PROJECTS ….………………………………………….. 105 DD Awareness and Advocacy Day Grant ………………………….106 Federal Legislative Advocacy Partnership (FLAP) ……………….. 110 General Assembly Briefly Sessions .….………………………….….113 Public Policy Research Grants .…………………………………..….117 Value of PWD (Vocational Apprenticeship / Legislature Utilizing Employment of People with Disabilities) …………...…...……….....120

3

OHIO DEVELOPMENTAL DISABILITIES COUNCIL Project Descriptions 2022 â&#x20AC;&#x201C; 2026

In the Area of Executive Committee Projects

Staff Contact: Carla Cox (614) 644-5538 Carla.Cox@dodd.ohio.gov

4

CAPACITY BUILDING, ADVOCACY, AND SYSTEMS CHANGE BY COUNCIL STAFF PUBLIC LAW 106-402-OCT. 30, 2000 – 114 STAT. 1704 (E) SUPPORTING AND EDUCATING COMMUNITIES – The Council may support and conduct activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families; (i) By encouraging local networks to provide formal and informal supports; (ii) Through Education.

Goal: Provide a broad range of leadership development opportunities for people with developmental disabilities, their family members and allies. Offer a variety of opportunities to develop the skills needed to become leaders in the disability movement.

Objective and impact of project: Council staff members will be actively involved in advocacy, capacity building and systems change on behalf of Ohioans with developmental disabilities and their families.

Background, rationale and scope of project: Council staff undertakes advocacy, capacity building and systems change activities in the following Federal Areas of Emphasis:        

Formal and Informal Community Supports Education and Early Intervention Employment Health Housing Quality Assurance Cross-cutting (educating policymakers, educating the public and distributing Council products) Recreation 5



Child care

Key activities:

By Council Staff:                     

Work in collaboration with grantees in implementing the project activities Serve on related boards, commissions, task forces and committees (see attached list) Maintain a website and social media presence which provides information to the public, individuals with developmental disabilities families and stakeholders Monitor state and federal legislation Analyze pending legislation Develop Fast Facts and other materials to educate policymakers Maintain up-to-date contact information for members of Congress, the Ohio General Assembly, and the Governor’s Cabinet Disseminate Council products and also materials from other sources Assist other agencies in development of policies, products, programs, grant proposals, etc.

Write press releases Influence story lines related to Council initiatives for new articles Respond to newspaper articles, television stories and other media portrayals of concern Serve on advisory bodies for state grants from the Centers for Medicaid and Medicare Services Promote and assist in leadership development of people with developmental disabilities, parents and family members Research and analyze trends in the field Gather information about needs and preferences of individuals and families Identify and share resources with other agencies and programs Collaborate with DD Act “sister” programs Reach out to diverse communities Develop partnerships between diverse communities and service providers for individuals with developmental disabilities and their families Provide information to families via phone, mail, website, social media and in person 6

            

Provide information to individuals with developmental disabilities via phone, mail, website, social media and in person Collaborate with other agencies to replicate best practices Serve as active members and “staff” for other boards and task forces, i.e., serve as facilitator, taking minutes, chairing meetings Work with grantees on planning and implementing conferences Promote self-advocacy in Ohio Advocate for Council’s positions Promote and influence outreach and diversity on the national level Participate in and contribute to NACCD and ADD committees and activities Assist in leveraging dollars for Council initiatives Encourage public policymakers to introduce resolutions and legislation in support of issues being promoted by Council Work with private consultant periodically in the area of cultural competency in order to provide technical assistance to council members and grantees Collaborating with multiethnic advocates on cultural competence Collaborate with state agencies and organizations on the advancement of the use of technology for people with developmental disabilities

Outputs: SC 1: The number of Council efforts to transform fragmented approaches into a coordinated and effective system that assures individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life: 3 Short term outcomes: Increased knowledge of what Council advocates for on behalf of people with developmental disabilities and their families in Ohio.

Long term outcomes: By the end of each fiscal year, there will be at least 20 people with disabilities and family members with increased knowledge and engaged in advocating for systems change.

7

This section of the State Plan is included for Federal reporting purposes.

Resources to be invested: Federal: Matching Funds: Total:

$1,011,000 Not required $1,011,000

Funding method: In-House Grantee: None Listing of Agencies, Boards, Commissions, Committees National Affiliations National Association of Councils on Developmental Disabilities, Board of Directors National Organization on Disability National Association of Council on Developmental Disabilities on Cultural Diversity (NACDD) State and Local Boards, Commissions and Committees American Association on Intellectual and Developmental Disabilities, Ohio Chapter Attorney Generalâ&#x20AC;&#x2122;s Violence and Abuse Task Force Center for Workers with Disabilities (CWD) Childrenâ&#x20AC;&#x2122;s Oral Health Action Team (COHAT) Columbus Coalition on Family Violence Conveners Positive Culture Group Disability Employment Process Improvement Disability Policy Coalition Health Policy Institute of Ohio Housing Policy Panel Information and Assistance Center for Councils on Developmental Disabilities 8

(ITACC) Self-Advocacy Committee Leadership Academy on Cultural Diversity and Cultural Linguistics Georgetown University Minority Health Advisory Committee/Office of Minority Health at Columbus Public Health Minority Health/Prevention Committee Multiethnic Advocates on Cultural Competency (MACC) Ohio Alliance for Direct Support Professionals & Volunteer Credentialing Advisory Committee Ohio APSE – The Network on Employment Ohio Asset Development Workgroup Ohio Disability Program Initiative Ohio Health Sexual Assault Response Network of Central Ohio (SARNCO) Ohio Partners in Justice Team Ohio Olmstead Task Force Ohio Rehabilitation Association Ohio Self-Determination Association Opportunities for Ohioans with Disabilities Postsecondary Education and Employment for Youth Advisory Council Professional Association of Retardation of Ohio (PAR) Project Search Quarterly Meetings (statewide) Quarterly Statewide Regional Preparedness Planning Meeting RAMA Consulting Statewide Independent Living Council Supreme Court of Ohio – Interpreter Services Transportation Equity Coalition Triple Jeopardy Project – Dayton DD Act “Sister” Programs The Nisonger Center Citizens Advisory Committee Cincinnati Children’s Hospital Medical Center, Developmental and Behavioral Pediatrics Advisory Committee Disability Alliance Disability Rights Ohio Nisonger Director Search Committee Nisonger TOPS Advisory Committee Nisonger Disability Health Advisory Committee

9

Ohio Department of Health Bureau of Children with Medical Handicaps/Parent Advisory Council Ohio Department of Job and Family Services Medicaid Fee-For-Service Consumer Service Advisory Committee Medically Fragile Task Force, Special Needs Subcommittee Ohio Department of Development Ohio Consolidated Plan Advisory Committee Ohio Department of Developmental Disabilities Family Advisory Council Employment First Advisory Committee Employment First Task Force Family Support Community of Practice Ohio Supreme Court Subcommittee on Adult Guardianship Ohio Department of Mental Health Forensic Strategies Workgroup

10

SYSTEMS CHANGE AND ADVOCACY BY MEMBERS/COUNCIL TRAVEL PUBLIC LAW 106-402-Oct. 30, 2000 – 114 STAT. 1703 ADVOCACY, CAPACITY BUILDING AND SYSTEMIC CHANGE ACTIVITIES – The Council shall serve as an advocate for individuals with developmental disabilities and conduct or support programs, projects and activities that carry out the purpose of this subtitle.

Goal: Provide a broad range of leadership development opportunities for people with developmental disabilities, their family members and allies. Offer a variety of opportunities to develop the skills needed to become leaders in the disability movement.

Objective and impact of project: Increased support will be provided to at least 10 Council members as they strengthen their advocacy and leadership skills, and function as systems change agents for critical issues in the DD field.

Background, rationale, and scope of project: The DD Act requires that 60 percent of the Council members meet one of the following categories: 1) individuals with a developmental disability; 2) parents or guardians of children with a developmental disability; 3) immediate relatives or guardians of adults with mentally impairing disabilities who cannot advocate for themselves; and, 4) immediate relative or guardian of a person with a developmental disability who has been or is living in an institution.

The Council’s requirements for membership include “all candidates for DD Council membership should have experience serving on committees, boards or organizations concerned with persons with developmental disabilities.” Part of the role of a Council member is to bring information on needs and issues to Council from external groups. This assists Council in 11

identifying issues and concerns from around the state to address in its advocacy and systems change endeavors.

This section of the State Plan is included for Federal reporting purposes regarding the cost of Council members’ participation in Council meetings, conferences and related events, all geared toward advocacy and systems change. The list of external committees, boards and organizations indicates the breadth of involvement of members of the Ohio DD Council in advocacy and systems change efforts around the state.

Key activities: • • • •

Represent Council on various Boards and Committees Attend conferences Testify at hearings Inform Policymakers/impact legislation

Outputs: IFA 1.1: The number of people with developmental disabilities who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect their lives, the lives of others, and/or systems: 10 IFA 1.2: The number of family members who participated in Council supported in activities designed to increase their knowledge of how to take part in decisions that affect the family, the lives of others, and/or systems: 10 SC 1: The number of Council efforts to transform fragmented approaches into a coordinated and effective system that assures individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life: 10 Short term outcomes: Increased knowledge of what Council advocates for on behalf of people with developmental disabilities and their families in Ohio.

12

Long term outcomes: By the end of each fiscal year, there will be at least 20 people with disabilities and family members with increased knowledge and engaged in advocating for systems change.

Resources to be invested: Federal: Matching Funds: Total:

$115,000 Not Required $115,000

Funding method: In-House Expenditure Grantee: None Agencies, Boards, Commissions, and Committees on Which Members Serve American Association on Intellectual and Developmental Disabilities – Paula Rabidoux American Speech Language Hearing Association – Paula Rabidoux Association of University Centers on Disabilities – Paula Rabidoux Ohio Speech Language Hearing Association – Paula Rabidoux Ohio State University Advisory Committee on Disability Issues – Paula Rabidoux Society for Disability Studies – Paula Rabidoux TASH – Paula Rabidoux Policy Committee – OPRA – Joanna Spargo Shared Living Committee – DODD – Joanna Spargo Quality Outcomes Committee – DODD – Joanna Spargo Healthy Students, Promising Futures Collaborative – Mark Smith Ohio School Health Services Association – Mark Smith National Alliance for Medicaid in Education – Mark Smith USDOE/USHHS Affinity Group – Mark Smith 13

Association of University Centers on Disabilities (AUCD) – Ilka Riddle American Public Health Association (APHA) – Ilka Riddle American Association on Health and Disability (AAHD) – Ilka Riddle American Association on Intellectual and Developmental Disabilities (AAIDD) – Ilka Riddle Nisonger Center Community Advisory Committee – Ilka Riddle The Future is Now Aging Caregivers Advisory Council, Hamilton County Developmental Disabilities Services – Ilka Riddle The Arc, National Chapter- Ilka Riddle Health Care Transition Research Consortium – Ilka Riddle Lucas County Board of DD Human Rights Committee – Karen Kerr Sunshine Inc. of NWO Foundation Board – Karen Kerr Sunshine Inc. of NWO Vocational Services Board – Karen Kerr Allen County Special Olympics Advisory Council – Jill Radler Toledo-Lucas County Commission on Disabilities – Rochelle Hall-Rollins Advisory Committee for The Future is Now: Support for Aging Caregivers – Emilia Jackson Ohio Children and Family First Cabinet Deputies Council – Emilia Jackson Ohio Community Recovery Support Planning Council (OCRSPC) – Emilia Jackson Ohio Grandparent Kinship Coalition – Emilia Jackson APSI Board, Government Affairs Committee – Michael Denlinger, II Community Advisory Council (CAC) UCEDD Cincinnati – Michael Denlinger, II Housing Policy Panel – Michael Denlinger, II The Housing Network of Hamilton County – Michael Denlinger, II DODD MUI Committee – Jean Jakovlic Autism Power – Jean Jakovlic Commission on Accreditation of Rehabilitative Facilities – Jean Jakovlic Ohio Partners in Justice – Vicki Jenkins Ohio Family Violence Prevention Council – Vicki Jenkins The Subcommittee on Adult Guardianship of the Advisory Committee on Children and Families, the Supreme Court of Ohio – Vicki Jenkins External Review Committee of the Ohio Department of DD – Vicki Jenkins Ohio Attorney General’s Commission on Elder Abuse – Vicki Jenkins Ohio Department of Jobs and Family Services Adult Protective Services Advisory Committee – Vicki Jenkins Ohio Dept. of MH Forensic Conference Planning Committee – Vicki Jenkins 14

Ohio Ex-Offender Reentry Coalition – Vicki Jenkins Ohio Justice Alliance for Community Corrections – Vicki Jenkins Ohio Interagency Council for Youth – Shannon Komisarek Ohio’s Statewide Consortia: Post-Secondary Advisory Council – Shannon Komisarek Ohio Governor’s Interagency Workgroup on Autism – Bobbi Krabill Ohio Department of Health Cancer Leadership Team – Bobbi Krabill Project Stir – Franklin County, Ohio – Marcella Straughter Council of Ohio Leaders (COOL) – Marcella Straughter Self-Advocacy Advisory Council for Franklin County Board of Developmental Disabilities – Marcella Straughter OSU Disability Expert Panel by OSU Nisonger Center – Marcella Straughter UCCEDD Community Advisory Committee (CAC) – Rachel Rice Warren County Board of DD Human Rights Committee – Rachel Rice Highland County Board of DD – Michael Richards Ohio Self-Advocacy Task Force – Michael Richards Ohio Department Veteran Service Advisory Committee – Victor Wilson Franklin County Hazard Chemical Preparedness Committee –Victor Wilson New Albany CRAB – Victor Wilson New Albany Veterans Memorial Committee – Victor Wilson New Albany Community Events Committee – Victor Wilson Project Stir – Ottawa County, Ohio – Brenda Brandon UCCEDD Community Advisory Committee – Rachel Rice Warren County Board of DD Human Rights Committee – Rachel Rice Boundless Board – Marcella Straughter APSI Board, Chair of Development – Marcella Straughter ISP Work Group- Marcella Straughter Waiver Committee – OPRA – Rhonda Rich People First of Ohio – Michael Richards

15

CONSUMER SATISFACTION SURVEY PUBLIC LAW 106-402 - OCT. 30, 2000 - 114 STAT. 1705 As required by the DD Act of 2000. State Councils are required at the end of each grant year to examine their goals and “Determine customer satisfaction with Council supported and\or conducted activities.”

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: As required by the DD Act of 2000, State Councils are required at the end of each grant year to examine their goals and “determine customer satisfaction with Council supported or conducted activities.” (SEC.125(c)(3)(E).

Background, rationale, and scope of project: The DD Act of 2000 requires a process for identifying and reporting on progress achieved through advocacy, capacity building, and systemic change activities in the areas of emphasis. In order to monitor how the DD Act programs, address the areas of emphasis the Indicators of Progress are used to describe and measure at a minimum: 1.The satisfaction of individuals with developmental disabilities with the advocacy, capacity building, and systemic change activities provided by State Councils, Protection &Advocacy Systems and University Centers for Excellence in Developmental Disabilities, and 2. The extent to which these activities result in improvements in the ability of individuals with developmental disabilities to:

16

I. II. III.

make choices and exert control over the type, intensity, and timing of services, supports, and assistance that the individuals have used participate in the full range of community life with persons of the individuals’ choice access services, supports, and assistance in a manner that ensures that such an individual is free from abuse, neglect, sexual and financial exploitation, violation of legal and human rights, and the inappropriate use of restraints and seclusion

In addition, State Councils are required at the end of each grant year to examine their goals and “determine customer satisfaction with Council supported or conducted activities.” (SEC.125(c)(3)(E). Council reports must include “information on consumer satisfaction with Council supported or conducted activities.” (SEC.125(c)(E)(ii)).

Key activities: • • • •

Work with ODDC Staff to decide which projects will be participating in the Consumer Satisfaction Survey Determine steps in gathering consumer satisfaction from participants in Council supported or conducted activities Have the consumer satisfaction format available in a wide range of formats Provide final results to Council at the end of the year

Outputs: IFA 3.1: The percent of people with developmental disabilities satisfied with a project activity.

IFA 3.2: The percent of family members satisfied with a project activity.

Short term outcomes: The consumer satisfaction individual format determines satisfaction from the perspective of the individual with a developmental disability, family member, and others directly involved in Council activities.

17

Long term outcomes: To provide council with meaningful information To satisfy the Office of Management & Budget Performance and Results Act requirements To provide information to plan for systems change To document councilsâ&#x20AC;&#x2122; effectiveness Resources to be invested: *Federal: Matching Funds: Total:

$5,000.00 $1,666.67 $6,666.67

*Continued funding is contingent upon successful completion of previous yearsâ&#x20AC;&#x2122; activities and the availability of funds.

Funding method: Personal Service Contract Grantee: Nisonger Center or other Center of Excellence

18

EXTERNAL EVALUATION OF COUNCIL’S PROJECTS & PROCESSES PUBLIC LAW 106-402-OCT. 30, 2000 – 114 STAT. 1680 For each year of the grant, describing (i) The goals to be achieved through the grant, which, beginning in fiscal year 2012, 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.

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: Council members, staff and general public will have increased access to evaluation results for at least 3 selected Council projects resulting in council funded activities having a greater impact.

Background, rationale, and scope of project: As part of the planning process to develop the Ohio Developmental Disabilities Council (ODDC), 2022-2026 State Plan, the ODDC will use a logic model as a tool to create a conceptual framework for proposed projects that explains the linkages among program elements. The logic model will summarize the logical connections between the needs that are the focus of the ODDC, ODDC’s goals and objectives, the target population, ODDC’s inputs or resources, the proposed activities/processes/outputs directed toward the target needs/population, the expected short- and long-term outcomes the ODDC plans to achieve, and the evaluation plan for measuring the extent to which proposed processes and outcomes actually occur and have been achieved.

19

The Administration on Developmental Disabilities has asked all Councils to develop and implement a process to examine the progress made in achieving the goals of the State Plan that were developed during the ODDC planning process. Councils are encouraged to develop its own methods and measures for determining progress. The External Evaluation process will be an option available to Council in order to examine the progress of ODDC funded projects.

Council will implement the External Evaluation process for projects that are controversial, high profile or innovative. It will be implemented upon request from staff, Council members or general public.

When evaluating any project through the External Evaluation process the focus will be on the current 5-Year State Plan period not prior years. The prior years would have gone through the Competitive Process and Continuation Grant Reviews and therefore not relevant.

Key activities: • • • •

• •

The extent to which the goals were achieved The strategies that contributed to achieving the goals Factors that impeded achievement of the goal(s) Explain the methodology, which may be qualitative or quantitative, that will be used to determine if the needs identified and discussed are being met and if the Council results are being achieved Define the procedures Council used to monitor progress in meeting its goals prior to External Evaluation Discuss Council activities that will measure or otherwise address the Council’s effectiveness

Outputs: SC 1.3.4: The number of best practices supported through Council activities: 3

20

Short term outcomes: Council will be made aware that the option of External Evaluation Process can be utilized on any project that is controversial, high profile, innovative or any other reason deemed necessary by Council or staff.

Long term outcomes:

By December 2026, if Council chooses to utilize the External Evaluation Process, Council and general public will have increased information to evaluation results for selected Council projects to determine best practices.

ODDC funded activities will have a greater impact due to the External Evaluation process.

Resources to be Invested: *Federal: Matching Funds: Total:

$20,000.00 $6,666.66 $26,666.00

*Continued funding will be contingent upon the availability of funds.

Funding method: Contract Grantee: To be determined

21

EXECUTIVE COMMITTEE DISCRETIONARY FUND PUBLIC LAW 106-402 - OCT. 30, 2000 - 114 STAT. 1704 (E) SUPPORTING AND EDUCATING COMMUNITIES - The Council may support and conduct activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families (i) By encouraging local networks to provide informal and formal supports; (ii) Through education.

Goal: Provide a broad range of leadership development opportunities for people with developmental disabilities, their family members and allies. Offer a variety of opportunities to develop the skills needed to become leaders in the disability movement.

Objective and impact of project: To increase public awareness, advocacy and systems change efforts through providing funding of at least 10 mini grants annually.

Background, rationale, and scope of project: Council wishes to support one-time initiatives, not otherwise included in the state plans in an expeditious manner without the necessity of waiting for the next meeting and deliberation by full Council. This would be accomplished by sponsorship/collaboration on a variety of events/conferences as they relate to significant issues in the developmental disabilities arena.

Council will utilize social networking strategies to ensure that new and important information is made available to the developmental disabilities community in a timely and effective manner.

Expenditures shall further Councilâ&#x20AC;&#x2122;s positions and its efforts to support persons with developmental disabilities and their families to become more 22

fully integrated into their communities, to learn more about various disabilities and the most up-to-date means to support a person with such a disability, and to foster greater public awareness of both disability issues and Councilâ&#x20AC;&#x2122;s role in promoting systems change.

Key activities: â&#x20AC;˘ â&#x20AC;˘

To describe how the un/underserved population will be reached specifically, which groups will be targeted and what strategies will be employed.

Provide a detailed budget narrative, as an attachment, that explains how federal funds will be spent and matching funds provided for each mini grant request.

Outputs: SC l.5.1: The number of Council supported systems change activities with organizations actively involved: 10 Short term outcomes: Increased knowledge of what Council advocates for on behalf of people with developmental disabilities and their families in Ohio.

Long term outcomes: Final reports will be completed to display progress and/or no progress of public awareness, advocacy and/or systems change.

Resources to be invested: *Federal: Matching Funds: Total:

$60,000 $20,000 $80,000

*Continued funding will be contingent upon the availability of funds.

23

Funding method: Non-Competitive Grantee: To be determined

24

PUBLIC AWARENESS USING DIGITAL MEDIA FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES Public Law 106-402-OCT. 30, 2000 â&#x20AC;&#x201C; 114 STAT. 1704 E) SUPPORTING AND EDUCATING COMMUNITIES - The Council may support and conduct activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families.

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: Ensure statewide public awareness on Ohio DD Councilâ&#x20AC;&#x2122;s contributions through its grant work and other activities by using various communication methods and targeted campaigns to education and inform about issues related to Ohioans with developmental disabilities. This will result in increased collaborative relationships with disability organizations, state agencies, county boards of DD, individuals with DD and the general public.

The increased collaboration will influence continual Council membership of at least three new counties annually and/or individuals that represent the un/underserved as defined by the DD Act requirements.

Background, rationale, and scope of project: Public Awareness is emphasized in the Developmental Disability Assistance and Bill of Rights Act of 2000 (DD Act) under State Plan Implementation through Outreach and Supporting and Educating Communities. It is important to identify individuals with developmental disabilities and their families who otherwise might not be aware of Council as well as support and educate them through public awareness mechanisms.

25

The Ohio Developmental Disabilities Council has provided products, programs, events and other activities for many years to Ohioans. However, in general, most people are not aware of the role Council plays in creating visions, piloting new approaches to services and supports, and changing systems for individuals with developmental disabilities.

In addition, the public generally does not understand or is not aware of the issues, strengths, capabilities, preferences and needs of people with developmental disabilities. Nor do most recognize the value of people with disabilities as contributors to our shared communities.

Councilâ&#x20AC;&#x2122;s products must educate, train and provide valuable information important to and about people with developmental disabilities and their families and those who support them. This includes county boards of developmental disabilities, state agencies, disability organizations, and community centers and other pertinent stakeholders. All products need to be disseminated widely across the state.

In regard to dissemination, each year efforts and collaboration attempts are made to connect with the county boards of developmental disabilities to ensure outreach is seriously considered. Council staff regularly distribute printed materials and promote the availability of electronic materials (website, social media, e-newsletters) to the county boards, the Department of Developmental Disabilities and other developmental disabilities entities. Council has developed strong collaborative relationships with many disability-related organizations to assist in the dissemination of Councilâ&#x20AC;&#x2122;s message and vice versa.

Through these efforts, Council has been able to gradually create diversity among its membership through a broader representation both with ethnicity and the different types of developmental disabilities that people have. Also, this has resulted in reaching Council members from counties throughout the state that have never been reached before, in particular the rural areas of the state.

During the last 2017 â&#x20AC;&#x201C; 2021 Five Year State Plan, Council expanded its presence by improving its website and expanding its reach into social media, email marketing and video production. As advancements in technology continue to evolve, the grantee will be expected to provide new 26

ways with new technology developments for Council to accomplish the development and dissemination of its products and activities. Use of professionally recognized communication tools is necessary and products and activities should be developed with appropriate communication strategies. For example, all should be presented in user-friendly language, and be understandable and usable by all audiences, including people with and without disabilities. These effective communication strategies will be used at all levels – from in-house to the general public and the media.

Key activities: •

• •

• • • • • •

Create innovative ideas using various communication tools and techniques for implementing public awareness campaigns and publications (print and/or electronic) at the direction of the Council’s Executive Committee and/or Council Staff.

Create innovate ideas for highlighting Council members and Council activities using various communication tools and techniques to increase interest for potential new members and new grantees.

As items are adopted or initiated by the Executive Committee and/or Council Staff, ensure that the materials – whether print, video, webbased, audio, etc. – are developed in accessible and user-friendly formats, including the use of clear language and person first language.

Incorporate Council’s visual identity program (color, logo, style guide) in all products and activities.

Produce multi-lingual copies of products as requested.

As new products are produced, develop a dissemination plan for the specific project that will include reaching unserved/underserved areas and populations.

Work with Council’s Electronic Design Specialist to include all products and current/relevant information on website and social media.

Establish working relationships with the media and provide relevant press releases; respond to interviews as requested Assist Council staff with other public awareness projects, including products for Council members and/or people with developmental disabilities, their families and stakeholders.

27

Outputs: IFA l.1: The number of people with developmental disabilities who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect their lives, the lives of others, and/or systems: 15 IFA l.2: The number of family members who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect their lives, the lives of others, and/or systems: 15 IFA 3.1: The percent of people with developmental disabilities satisfied with a project activity.

IFA 3.2: The percent of family members satisfied with a project activity.

Short term outcomes: Increased knowledge about people with disabilities, in particular in the unserved/underserved areas of Ohio, and within the communities where they live through support and education from products and/or activities of Council and its grantees.

At least one new collaborative effort will be formed to continue effective awareness and improve the number of people reached about people with disabilities through the products and/or activities of Council and its grantees.

A dissemination plan will be created based on each Council project to ensure that the largest target audience is reached.

Long term outcomes: By the end of 2021, the diversity of Councilâ&#x20AC;&#x2122;s membership will expand to reach at least the minimum representation as indicated by the DD Act. By the end of 2021, Councilâ&#x20AC;&#x2122;s membership will reach at least five new counties.

28

Resources to be invested: *Federal: $80,000.00 Non-Federal funds: $26,667.00 Total: $106,667.00 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: To be determined

29

OHIO DEVELOPMENTAL DISABILITIES COUNCIL Project Descriptions 2022 â&#x20AC;&#x201C; 2026

In the Area of Children and Health Projects

Staff Contact: Sara Rebecca Bates (614) 644-5548 Sara.Bates@dodd.ohio.gov

30

COME TOGETHER 114 STAT. 1682 PUBLIC LAW 106â&#x20AC;&#x201C;402â&#x20AC;&#x201D;OCT. 30, 2000 (2) contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmental disabilities to exercise selfdetermination, be independent, be productive, and be integrated and included in all facets of community life.

Goal: People with disabilities and their families will have increased access to services that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: An increased number of families of people with developmental disabilities in Ohio will have knowledge and access of available supports to help them effectively advocate for their family member.

Background, rationale, and scope of project: In 2012, The Human Services Research Institute (HSRI), through partial funding from the Ohio DD Council conducted the Ohio Family Advocacy Survey. That survey found that there were over 160 family advocacy organizations. Family advocacy programs provide critical services to individuals and families throughout Ohio. These services assist families in accessing and navigating multiple systems related to education, disabilities, mental health, safety, and other issues. Yet, according to the Five-Year State plan survey conducted in 2019, 44 percent of families surveyed still did not understand how to get services.

There is also a recognized demand for services provided by trained advocates. In the 2012 report from HSRI, 62 % of the programs surveyed

31

reported that they received requests for trained advocacy services per month.

The Ohio Developmental Disabilities Council would like to fund a project to help coordinate and support family advocacy organizations throughout the state of Ohio. This project will promote collaboration among family advocacy organizations, increase community capacity to respond to family needs, engage families at the grassroots level to advocate for systems improvement, and increase desired outcomes for families.

ODDC will support activities that build capacity and systemic change through outreach, training, research, technical assistance, supporting and educating communities, interagency collaboration and coordination, demonstration of new approaches, informing policymakers, and system design and redesign.

Proposals should address, if necessary: transportation, accessibility, use of technology, replication, sustainability, if the project reaches entire state or a specific region, cross-disability, and cultural diversity.

Key activities: • • • •

Increase collaboration between family advocacy organizations.

Establish a support program that can be used across all family advocacy organizations when training advocates.

Develop a referral protocol for families to access advocates.

Evaluate the effectiveness of project through data collection.

Outputs: IFA 1.2: The number of family members who participated in Council supported in activities designed to increase their knowledge of how to take part in decisions that affect the family, the lives of others, and/or systems: 20 IFA 2.3: The percent of people who are better able to say what they want or say what services and supports they want or say what is important to them: 20%

32

SC 1: The number of Council efforts to transform fragmented approached into coordinated and effective systems that assure individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life: 1 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Increase consistencies of practice and decrease duplication of services.

Long term outcomes: Increase the effectiveness of services that help families achieve whatever they believe is a good life.

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal: $40,000.00 Matching Funds: $13,333.33 Total $53,333.33 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: TBD

33

EMPOWERING FAMILIES PUBLIC LAW 106-402-OCT. 30, 2000 â&#x20AC;&#x201C; 114 STAT. 1680 (2) individuals with developmental disabilities and their families have competencies, capabilities, and personal goals that should be recognized, supported, and encouraged, and any assistance to such individuals should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of such individuals.

Goal: All children, youth, and students with intellectual/developmental disabilities, aged birth to 21 years, will receive individualized, evidence-based supports and services in inclusive settings that will help them attain their maximum potential, including extra-curricular activities.

Objective and impact of project: Family members of people with developmental disabilities will have increased information and supports to obtain inclusive education services for their child.

Background, rationale, and scope of project: Prior to 1975, millions of children with disabilities were either entirely excluded or included to a limited degree in public schools. In 1975, Congress passed the Education for All Handicapped Children Act mandating that public schools not only educate students with disabilities but also provide them with necessary supports and services. Embedded within this law is parental involvement. Congress wrote parents into the legislation in 1975 to ensure that children with disabilities would have advocates in securing their rights to a free, appropriate, public education.

Since 1975, the act has been reauthorized several times and in 1990 renamed the Individuals with Disabilities Education Act (IDEA). Throughout all these changes, parental involvement has remained and, in fact, been strengthened in the legislation.

34

However, the IDEA is vast and difficult to understand. Many parents have difficulty learning the law. Parents find it difficult to be assertive in Individualized Education Plan (IEP) meetings with the school due to the emotions involved in discussing their child, especially in a setting where they feel overwhelmed due to the power differential between the parent and the school.

The 5-year state plan survey conducted by the Ohio Developmental Disabilities Council (ODDC) identified familiesâ&#x20AC;&#x2122; experience with the special education system as their top issue. With over 250,000 students with disabilities enrolled in Ohio schools and limited numbers of supports through the Parent Mentor program and the Disability Rights Ohio advocates, the ODDC will fund a project to increase and improve the support families receive during the special education process.

ODDC will support activities that build capacity and systemic change through outreach, training, research, technical assistance, supporting and educating communities, interagency collaboration and coordination, demonstration of new approaches, informing policymakers, and system design and redesign.

Proposals should address, if necessary: transportation, accessibility, use of technology, replication, sustainability, if the project reaches entire state or a specific region, cross-disability, and cultural diversity.

Key activities: â&#x20AC;˘ â&#x20AC;˘

Families will have improved knowledge of the special education process.

Families will have improved access to supports throughout the special education process.

Outputs: IFA 1.2: The number of family members who participated in Council supported in activities designed to increase their knowledge of how to take part in decisions that affect the family, the lives of others, and/or systems: 30 35

IFA 3.2: The percent of family members satisfied with a project activity: 60% SC 1.3: The number of promising and/or best practices created or supported: 1 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Families will have increased knowledge and support when participating in the IEP process.

Long term outcomes: Family members of individuals with developmental disabilities have the supports they need to help their loved ones become independent, productive, and fully participating members of their community.

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal: $65,000.00 Matching Funds: $21,666.66 Total: $86,666.66 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: TBD

36

INCLUSIVE RECREATION PUBLIC LAW 106-402-OCT. 30, 2000 â&#x20AC;&#x201C; 114 STAT. 1680 (7) with education and support, communities can be accessible to and responsive to the needs of individuals with developmental disabilities and their families and are enriched by full and active participation in community activities, and contributions, by individuals with developmental disabilities and their families; Goal: People with disabilities and their families will have increased access to services that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: People with developmental disabilities will increase their physical activity to improve overall health and decrease the risk of chronic disease.

Background, rationale, and scope of project: According to the 2020 Ohio State Health Improvement Plan (OSHIP), 43.9 percent of people with disabilities in Ohio report no leisure time spent in physical activity. Living a sedentary, or inactive, lifestyle has consistently been one of the top five risk factors for heart disease. The OSHIP has established that people with disabilities in Ohio are a population group that is more likely to have coronary heart disease, hypertension, and diabetes.

The Ohio DD Councilâ&#x20AC;&#x2122;s (ODDC) Five-Year Plan Statewide Survey found that exercise, learning to exercise or being more active would improve health. Accordingly, Exercise has been shown to improve blood glucose control in type 2 diabetes, reduce cardiovascular risk factors contribute to weight loss and improve well-being.

People with developmental disabilities experience significant barriers when attempting to access health and wellness activities. Many times, information and services that promote health and wellness are not designed to consider their preferences, needs and disabilities. To support 37

efforts to increase physical activity and improve the health of people with developmental disabilities, the ODDC will support a project that will provide information and best practice protocols to increase the quality of and access to recreation services for people with developmental disabilities and their families. The project should expand upon existing initiatives such as Creating Healthy Communities, an initiative through the Ohio Department of Health, to increase opportunities for inclusive physical activity and recreation for people with developmental disabilities within their communities.

ODDC will support activities that build capacity and systemic change through outreach, training, research, technical assistance, supporting and educating communities, interagency collaboration and coordination, demonstration of new approaches, informing policymakers, and system design and redesign.

Proposals should address, if necessary: transportation, accessibility, use of technology, replication, sustainability, if the project reaches entire state or a specific region, cross-disability, and cultural diversity.

Key activities: â&#x20AC;˘ â&#x20AC;˘

Promote and sustain participation of people with developmental disabilities in inclusive physical activity and recreation.

Provide information and training to recreation facilities and professionals to increase opportunities for inclusive physical activity and recreation for people with developmental disabilities within their community.

Outputs: IFA 3.1: The percent of people with developmental disabilities satisfied with a project activity: 25% IFA 3.2: The percent of family members satisfied with a project activity: 10% SC 1.3: The number of promising and/or best practices created or supported: 1

38

*ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: People with developmental disabilities will have greater access to inclusive physical activity and recreational opportunities.

Long term outcomes: People with developmental disabilities will improve their overall physical fitness and health.

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal: $24,000.00 Matching Funds: $8,000.00 Total: $32,000.00 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: TBD

39

OHIO DEVELOPMENTAL DISABILITIES COUNCIL Project Descriptions 2022 â&#x20AC;&#x201C; 2026

In the Area of Community Living Projects

Staff Contact: Fatica Ayers (614) 644-5543 Fatica.Ayers@dodd.ohio.gov

40

DSP WHITE PAPER IN ACTION PUBLIC LAW 106–402—OCT. 30, 2000 (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.

Goal: People with intellectual and developmental disabilities are provided services and supports by direct support professionals that are knowledgeable, trained and supported.

Objective and impact of project: By the end of year one, the grantee would have reviewed the “White Paper” developed by the Ohio Department of Developmental Disabilities and the Ohio Alliance of Direct Support Professionals and determined what recommendation(s) will be implemented.

Background, rationale, and scope of project: The Report to the President 2017, America’s Direct Support Workforce Crisis: Effects on People with Intellectual Disabilities, Families, Communities, and the U.S. Economy states the following: Over the past 30 years, there has been high turnover in the direct support workforce. Almost half of DSPs leave their jobs within the first year, and most within the first six months. This is caused in part by low wages, poor benefits, and lack of training. The average wage for a DSP is $10.72 per hour, which is below the poverty level for a family of four. Half of DSPs rely on government benefits, and most need to work two or three jobs.

41

Also, in the Report to the President 2017: America’s Direct Support Workforce Crisis it states: “People with an intellectual disability (ID) rely on Direct Support Professionals (DSPs) for daily support that enables them to live in U.S. communities. Their families rely on the DSP workforce to provide reliable quality support so they can work and have respite from the day-today stressors of caregiving. Challenges in finding, keeping, and training this workforce persist and have reached crisis levels in the long-term services and supports (LTSS) industry. The direct support workforce is one of the highest in demand in the U.S. The trend has been that more people need supports and services, but fewer people are working as DSPs. At the same time, there is less funding for ID/DD services. When the economy is doing poorly and people need jobs, agencies can find people to work as DSPs. But when unemployment rates are low, it is harder to find people to provide direct support. Right now, more than 9% of DSP positions are unfilled. This creates extra work and stress for DSPs who remain on the job and results in lower- quality care. DSPs who are tired from working long hours or more than one job are more likely to make mistakes and to face more stressful situations. When DSPs do not know the people they support, they may not recognize signs and symptoms of illness.

The support needed by persons with ID/DD is primarily provided by family caregivers and paid workers. Most of the paid, hands-on support that is provided is done by DSPs. Due to the relatively high levels of need for assistance among people with ID/DD, Congress has found that “as increasing numbers of individuals with developmental disabilities are living, learning, working and participating in all aspects of community life, there is an increasing need for a well-trained workforce… to provide the services, supports and other forms of assistance required to enable the individuals to carry out those activities” (Sec. 101(a)(14)). Title III of the DD Act, which focuses on a program for direct support workers who provide assistance to individuals with DD, indicates that these workers have played essential roles in supporting people with ID/DD and expanding their community options.

42

To make sure that people with ID/DD can use all that communities have to offer, they must have skilled support provided by a stable, well-prepared direct support workforce. Another challenge for the DSP workforce is that direct support is not seen as a valued, professional career, and there is little opportunity for career advancement. The direct support workforce and the service system that supports it are in crisis. The results will be tragic for people with ID/DD and their families unless important changes are made at once.”

In the Ohio Developmental Disabilities Council 5 Year State Plan survey, a number of questions were asked about providers/direct support professionals such as: Q20 – People with disabilities were asked to give their thoughts on how their provider could serve them better. There were 318 responses from 324 total participants (98.1% participation rate). Respondents were able to select more than one answer.

Q48 – Family members were asked what they thought the provider could do better for their family member with a disability. There were 590 responses from 598 participants (98.7% participation rate). Respondents were able to enter more than one answer.

Q77 – Providers and stakeholders were also asked what they thought would an individual’s direct support professional could do better. There were 580 responses from a total of 581 participants (99.8% participation rate). Respondents were able to choose more than one answer to this question.

In every group they cited the need for more training for Direct Support Professionals.

Prior to pandemic the Ohio Alliance of Direct Support Professionals and the Ohio Department of Developmental Disabilities were working on a “White Paper” to outline data and recommend a statewide tiered system for DSPs that established step increases for the various levels and also built in a path to transition from a DSP to other roles within our field.

The “White Paper” would collect data from surveys and studies conducted amid the crisis. The recommendations in this “White Paper” should solidify 43

the stance that DSPs are professionals and deserve to be recognized as such with the ability to earn a living wage and increases commensurate with their experience and training. The overall tone of the paper will give credit to Ohio for being the ONLY state in the country that has a competency based add-on, but will outline the challenges of the current structure and recommend a "retooling" of the concept that encompasses all DSPs. The ODDC would like to invest funds in a project that will review the “White Paper” once it is completed and determine which recommendations can in fact be implemented and sustained.

Key activities: •

Review “White Paper”.

•

Report to the Community Living what recommendation(s) will be implemented.

•

Determine how recommendation(s) will be implemented.

•

Implement the recommendation(s).

Outputs: SC 1.3.2: The number of promising promises supported through Council activities.

SC 1.4: The number of people trained or educated through Council systemic change activities. *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

44

Short term outcomes: The Project will review the “White Paper” and determine which recommendation (s) to implement.

Long term outcomes: The Project will develop ways to sustain the activities implemented from the recommendations in “White Paper.”

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal: $40,000.00 Matching funds: $13,333.33 Total: $53,333.33 *Continued funding will be contingent upon the availability of funds.

Funding Method: Competitive Grantee: To Be Determined

45

REPLICATE AND EXPAND TRANSPORTATION PROJECT PUBLIC LAW 106–402—OCT. 30, 2000 (11) individuals with developmental disabilities need to have access to and use of public transportation, in order to be independent and directly contribute to and participate in all facets of community life;

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: By the end of the second year of the project, at least two new destinations outside of Athens County and volunteer counties will receive technical assistance and training on how to develop a transportation system that leverages dollars, collaborates, and finds ways to sustain itself.

Background, rationale and scope of project: The Ohio Developmental Disabilities Council conducted a study on transportation which reported that obtaining safe, affordable, and appropriate transportation options can be very difficult for Ohioans with disabilities. Existing transportation options do not always operate at the times or in the locations they are needed. Transportation options often do not, or cannot, serve the diversity of disabilities present in the community.

There are major scheduling challenges which result in long wait times for rides. Riders did not believe they could make spontaneous or flexible travel decisions, limiting or preventing their participation in a variety of activities and inhibiting integration in their community. For their part, transportation providers indicated they struggled to balance meeting the needs of their clients with budget constraints and regulatory and documentation requirements. Different stakeholders – Ohioans with disabilities, 46

transportation providers, and other professionals – were often in agreement when identifying issues, if not in full agreement on the best solutions.

Ohio’s population is growing more slowly than many other states. In places where Ohio is adding people, the growth is largely attributable to foreign born populations. Most of these individuals are moving to urban areas. ▪▪ Foreign born populations tend to be experienced public transportation riders. Many expect and want public transportation services if they are going to make Ohio their permanent home. Ohioans are getting older and poorer, especially in rural areas. ▪▪Seniors and low-income individuals will rely more on public transportation, putting more pressure on transit systems to meet this growing demand. Health and human services are increasingly focused on serving people in their communities and encouraging people to stay in their homes.

▪▪Implementing these programs requires a corresponding investment in transportation; this can be coordinated with public transportation services to reduce duplication of service and effort. (2014 Ohio Statewide Transit Needs Study) The pilot program, Athens On Demand Transit, was implemented in November 2012. The service at that time had three wheelchair accessible, ADA compliant minivans. The service is demand response and riders must provide 24 hours’ notice for trip requests. Personal care attendants ride free. Travel training is provided to help riders understand how the service works. AODT uses scheduling and dispatching software from a vendor called PCTrans. HAPCAP had already purchased the PCTrans product for Logan Public Transit, and it was relatively inexpensive to add licenses for AODT’s use. (2013 External Evaluation Report by Ohio Department of Transportation) AODT provides each rider with a courtesy card at the drop-off point. The card shows the name and cell number of the driver that will be picking up the rider, as well as the scheduled pickup time. Riders are asked to wear an Athens On Demand Transit lanyard, with the courtesy card in the lanyard’s pocket. (2013 External Evaluation Report by Ohio Department of Transportation) Athens On Demand Transit is running along quite nicely and the ridership continues to increase. A lot of this is from improved scheduling and 47

planning. Their DD clients reoccurring rides account for 75-80% of the time slots, many of these involve work related activities.

In 2020 AODT was committed to providing affordable and accessible transportation in a professional and safe manner. The COVID-19 outbreak only increased the need. AODT, along with all of their other transportation programs, continued to operate during the crisis with a few modifications. In the case of Athens On Demand Transit, they made the following adjustments – • They have significantly increased their cleaning and sanitizing practices.

• The vans are wiped down with sanitizer between each trip and thoroughly cleaned and sanitizing at the end of the day.

• During the Stay at Home Order, they temporarily suspended Saturday service. They have since resumed Saturday service.

• They continue to operate fare free. This reduces the additional financial burden on folks who may already be struggling. It also eliminates one more possible contamination point between passengers and drivers.

• Drivers are required to wear face coverings.

• Passengers are also required to wear face coverings in accordance with the state mandate.

• The AODT vans are in the process of being outfitted with retractable protective barriers that will help safeguard both the driver and passenger from potential transmission of COVID-19.

Council would like to invest in two aspects of a transportation project with AODT: • Conduct a pilot that allows AODT to provide rides outside of Athens county and target people with disabilities first to receive these rides.

Incorporate technology when needed.

• Work with interested counties to replicate their project success and focus on ways to leverages dollars, collaborate, and find ways to sustain themselves.

Key activities: •

Develop a system for out of county transportation for individuals with disabilities (i.e. Scheduling, driver and vehicle needs, cost, etc.)

48

• • • • • • •

Seek technologies to assist in the scheduling and dispatch of out of county trips.

Determine major trip generators for individuals with disabilities traveling out of county to assist in data collection, needs of the community, and future planning.

Determine cost of trip generators for individuals with disabilities traveling out of county to assist in data collection, future planning, and need.

The Athens Hocking Mobility Management Program will conduct outreach to counties interested in replicating the AODT Program.

The AHMM program will conduct trainings and program overviews for counties interested in replicating the AODT program.

The AHMM program will provide support for applications for counties applying for the replication of the AODT program.

The AHMM program will work with AODT to host interested counties and discuss funding and operation of the program.

Outputs: SC 1.1: The number of policy and/or procedures created or changed: 3 SC 1.4: The number of people trained or educated through Council systemic initiatives: 150 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Strategic efforts will be made to ensure that people with disabilities in the Athens areas will be able to travel outside of Athens County.

Long term outcomes: Identified counties in the rural area of the state interested in receiving technical assistance in replicating a coordinated transportation which includes technical assistance in how to leverage dollars, collaborate and find ways to sustain themselves will be made available.

49

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal: $80,000.00 Matching funds: $26,666.66 Total $106,666,66 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: To Be Determined

50

SOAR OHIO PROJECT & OHIO STATEWIDE INDEPENDENT LIVING COUNCIL PUBLIC LAW 106–402—OCT. 30, 2000 (7) with education and support, communities can be accessible to and responsive to the needs of individuals with developmental disabilities and their families and are enriched by full and active participation in community activities, and contributions, by individuals with developmental disabilities and their families; (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.

Goal: People with developmental disabilities and their families/guardians are empowered to make choices about their lives to reach their fullest potential.

Objective and impact of project: By the end of three years, the SOAR Ohio project will train over 300 case managers (SSAs) and Independent Living Center personnel across the state on general techniques to improve the success of SSI and SSDI applications. The project will specifically focus on how to quickly and successfully transfer benefits from an institution to the community. It will also provide technical assistance to determine why a benefit has been delayed and how to best resolve the problem.

Background, rationale, and scope of project: The Coalition on Homelessness and Housing in Ohio’s SOAR Ohio project helps highly vulnerable Ohioans reach greater health and independence by securing access to safe, decent, affordable housing. The SOAR Ohio project specializes in helping individuals with disabilities who are preparing to exit institutions obtain federal Supplemental Security Income/Social

51

Security Disability Insurance (SSI/SSDI) – a crucial support that opens the door to housing and long-term stability.

The application process for SSI/SSDI is very complicated and difficult to navigate, especially for people struggling with homelessness or exiting institutions, that can be extremely challenging. COHHIO has adopted the SOAR (SSI/SSDI Outreach, Access, and Recovery) model, an evidencebased method to greatly expedite the application process and boost the likelihood of approval. COHHIO has been designated the SOAR lead agency for Ohio by the Substance Abuse and Mental Health Services Administration (SAMHSA).

The Ohio Department of Medicaid successfully utilized the SOAR Ohio Project to help people enrolled in the HOME Choice program who were exiting institutional care quickly obtain SSI and SSDI benefits. The program also helped those who were trying to port their benefits from the institution into the community.

Council believes that the SOAR Ohio project could provide critical support to people enrolled in the Ohio Department of Development Disabilities’ Rental Assistance Program.

Disparity: Some of these individuals who are transitioning from an institution to a community setting experience long delays in receiving their full community benefit of $771 per month. In the meantime, they often must survive on the institutional rate of $30 per month, which makes access to housing nearly impossible.

Through its partnership with DODD’s Housing Manager, the SOAR Ohio project is already working to resolve benefit delays that have impacted individuals with a developmental disability who are moving from institutions to community settings. While these interventions have been necessary, a broader training and education approach would likely have a greater geographic impact and lead to “upstream” solutions for benefit delays. We believe this will reduce benefit delays, increase access to housing, and ultimately result in more successful community integrations.

The Statewide Independent Living mission is to aid Ohioans with significant disabilities in their quest for independence. Ohio has 12 locally managed CILs with that provide services to assist people with severe disabilities to live independently and avoid institutionalization. Services provided include 52

information and referral, advocacy, peer counseling, and independent living skills training.

Council would like the Ohio SOAR project to include training and technical assistance to all the Ohio CILs at no cost in order provide their staff with additional knowledge, skills and techniques in assisting people with disabilities with SSI/SSDI issues.

This project is not just limited to case managers, SSAs and OSILC personnel. Any entity supporting people with disabilities who need technical assistance on this issue will be able to receive it.

Key activities: •

•

•

•

•

• •

Identified SSA’s register and complete the self-guided National SOAR online course for 20 free C.E.U.’s. and certification provided from SAMHSA SOAR TA Center.

Attend in-person SOAR Ohio certification with key focus of Federal and State collaboration tools, upon successful completion of National online course. Offered four times per year with class size of 25 per class. Certificate of completion provided after class.

Web-based training and TA for all current, certified SOAR Ohio trained staff on a as needed bases along with four scheduled quarterly GoTo webinars.

Quarterly GoTo meetings for all SOAR certified staff to attend for Federal and State updates and rule criteria. Q&A for newly certified staff provided for building on skill level and quality applications.

Train over 300 case managers (SSAs) and Statewide Independent Living Center personnel across the state on general techniques to improve the success of SSI and SSDI applications, and specifically on how to quickly and successfully transfer benefits from an institution to the to the community.

Technical assistance to determine why a benefit has been delayed and how to best resolve the problem.

Compile data on the following: SSI/SSDI Application Approvals SSI/SSDI Application Denials Total Decisions Approval percentage 53

Number of phone calls and emails Number of trainings and who attended Number of Technical Assistance provided and to whom Outputs: SC 1.4.1: The number of people trained or educated through Council systemic change initiative: 300 *ODDC determines customer satisfaction with Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Increased number of case managers/ SSAs knowledge statewide on general techniques to improve the success of SSI and SSDI applications.

Increased number of Ohio SILC personnel knowledge statewide on general techniques to improve the success of SSI and SSDI applications.

Long term outcomes: Reduce benefit delays, increase access to housing, and ultimately result in more successful community integrations.

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal: $75,000.00 Matching Funds: $25,000.00 Total: $100,000.00 *Continued funding will be contingent upon the availability of funds.

Funding method: Continuation Allocation Grantee: The Coalition on Homelessness and Housing in Ohio, Inc. 54

OHIO DEVELOPMENTAL DISABILITIES COUNCIL Project Descriptions 2022 â&#x20AC;&#x201C; 2026

In the Areas of Employment Projects

Staff Contact: Leslie Connelly (614) 644-5542 Leslie.Connelly@dodd.ohio.gov 55

DOLLARS AND SENSE

Public Law 106-402-Oct 30, 2000 Section 125(c) (5) (C) TRAINING.â&#x20AC;&#x201D;The Council may support and conduct training for persons who are individuals with developmental disabilities, their families, and personnel (including professionals, paraprofessionals, students, volunteers, and other community members) to enable such persons to obtain access to, or to provide, community services, individualized supports, and other forms of assistance, including special adaptation of generic community services or specialized services for individuals with developmental disabilities and their families.

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: Financial literacy will improve the economic stability and advancement of individuals with disabilities and family members.

Background, rationale, and scope of project: Financial literacy is â&#x20AC;&#x153;the confluence of financial, credit and debt management and the knowledge that is necessary to make financially responsible decisions- decisions that are integral to our everyday lives.â&#x20AC;? In the United States, there is a general lack of understanding of finances. This lack of knowledge could impact an individual for many years to come.

There are efforts to improve financial literacy in the U.S. often targeted at college students and the youth. In Ohio, high schools provide instruction in economics and financial literacy, however these courses do not meet the needs of students with disabilities and their families for multiple reasons.

Financial literacy curriculum typically does not consider the use of and maintaining federal and state disability benefits.

56

In Ohio, state policymakers are committed to ensuring individuals with developmental disabilities have greater opportunities to employment and advancement of their careers. Individuals with developmental disabilities can use their strengths and talents to increase their income, have a sense of accomplishment and create their own social identity. Many people with disabilities have never managed a budget, opened a savings or checking account, used a Social Security Work Incentive, or built assets. It is important these individuals receive a financial education to improve their economic stability and support economic advancement while using state and federal benefits.

Over the years, the Ohio Developmental Disabilities Council (ODDC) has funded multiple projects aimed at providing the opportunity for individuals with DD and those that support them to foster critical financial literacy skills.

However, lack of financial literacy remains a key issue. Results from the ODDCâ&#x20AC;&#x2122;s 5-Year State Plan Public Survey indicated that people with disabilities and those that support them believe understanding benefits and money was one of the greatest barriers for people to live the life they want to live.

To build upon past projects, the Ohio Developmental Disabilities Council (ODDC) will fund a project to improve the economic stability and advancement of people with disabilities by improving their financial literacy.

Components of financial literacy could include, for example: developing a livable budget, looking at current spending, saving while receiving benefits, how to access state and federal benefits, how to maintain state and federal benefits, resources to determine benefits, borrowing money, identity theft, where to keep money, using debit and credit cards, how to protect your money, filing taxes, protecting income and assets, state and federal benefit education, available non-disability related resources and benefits, understanding Medicaid waivers, planning for post-secondary education, stable accounts, financial planning for the future, retirement planning, tools to become more employable allowing for advancement.

ODDC will support activities that build capacity and systemic change through outreach, training, research, technical assistance, supporting and educating communities, interagency collaboration and coordination, demonstration of new approaches, informing policymakers and eliminating barriers, and system design and redesign.

57

ODDC will provide funding as outlined below for each year of the project.

Proposals should address, if necessary: transportation, accessibility, use of technology, replication, sustainability, if the project reaches entire state or a specific region, cross-disability and cultural diversity.

Key activities: â&#x20AC;˘ â&#x20AC;˘

Development and implementation of a strategy to improve the financial literacy of people with disabilities.

Increase in knowledge of individuals with disabilities, family members, and service providers.

Outputs: IFA 1.1: The number of people with developmental disabilities who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect their lives, the lives of others, and/or systems: 50 IFA 1.2: The number of family members who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect the family, the lives of others, and/or systems: 50 IFA 1.3: The number of 'other individuals' who participated in Council supported in activities designed to increase their knowledge: 50 SC 1.3.1: The number of promising practices supported through council activities: 2 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Ohioans with developmental disabilities have an increase in knowledge about financial literacy.

58

Long term outcomes: There is an increase in economic stability and advancement of people with disabilities.

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal: $50,000.00 Matching Funds: $16,666.66 Total: $66,666.66 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: TBD

59

EMPLOYER ENGAGEMENT Public Law 106-402-Oct 30, 2000 Section 125 (c) (5) (I) COALITION DEVELOPMENT AND CITIZEN PARTICIPATION. The Council may support and conduct activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: Three best practices will increase awareness and capacity building and the number of employers hiring people with developmental disabilities.

Background, rationale, and scope of project: In Ohio, state policymakers are committed to ensuring individuals with developmental disabilities have greater opportunities to employment and advancement of their careers. Individuals with developmental disabilities can use their strengths and talents to increase their income, have a sense of accomplishment and create their own social identity. Employer engagement is essential to furthering this progress. â&#x20AC;&#x153;Hiring people with disabilities is good for your bottom line. According to research, 92% of the American public view companies that hire people with disabilities more favorably than those who do not. And, 87% of the public would prefer to give their business to companies that hire people with disabilities.

60

Employing people with disabilities helps generate revenues by allowing employers to tap into the disability market, build brand loyalty and trust, and create new products and services.

Creating an inclusive workplace can reduce turnover costs as people with disabilities tend to keep their jobs longer (62% of employees with a disability have been at the same job three years or longer); employees with disabilities have the same or better absentee and sick rates as nondisabled employees. Industry reports consistently rate workers with disabilities as average or above average in performance, quality and quantity of work, flexibility to demands, attendance and safety.â&#x20AC;?

Employing People with Intellectual and Developmental Disabilities: A Report by the Institute for Corporate Productivity (i4cp) Disability: Dispelling the Myths, How People with Disabilities Can Meet Employer Needs Hiring people with disabilities is good for business. However, many employers are not aware of this untapped resource or how to effectively recruit, retain and advance people with disabilities. In addition, many service providers are unskilled in working with employers and supporting employers to accommodate an employee with a disability.

The Ohio Developmental Disabilities Council will increase the competitive employment of Ohioans with developmental disabilities by funding Disability:IN to support Ohio employers with their disability inclusion initiatives and share disability resources and strategies for employing job seekers with disabilities in new and creative ways.

Disability:IN Ohio is a nonprofit organization with over 200 member businesses and a 10-member volunteer executive board led by Huntington Bank. Disability:IN Ohio is an Affiliate of Disability:IN, a leading nonprofit resource for business disability inclusion worldwide. Disability:IN and 27 Affiliates raise a collective voice of positive change for people with disabilities in business.

Disability:IN Ohio will develop several employer focused disability inclusion programs. These programs will include: â&#x20AC;˘

Educating federal contractors on leading practices through collaboration with Ohio Industry Liaison Group.

61

•

• •

Disability Inclusion@Work Trainings in collaboration with EARN, JAN as well as disability subject matter experts. The virtual trainings will provide best practice strategies for employers highlighting inclusion in the marketplace, workplace and workforce.

WrightChoice Virtual Mentoring Program creating an employer mentoring experience for Ohio employers.

Ohio Regional Disability Employer Assessment/Consulting by creating strategies for Ohio employers to collaborate with their local disability provider community.

Key activities: • • • •

Educate Federal contractors on leading practices in disability inclusion hiring.

Educate employers on disability inclusion strategies and best practices Build the bridge to connect employers and disability providers to increase knowledge and capacity leading to increased disability employment outcomes.

Employer’s will experience Disability Mentoring with college students

Outputs: IFA.1.3: The number of 'other individuals' who participated in Council supported in activities designed to increase their knowledge: 250 IFA 3.1: The percent of people with developmental disabilities satisfied with a project activity: 90 IFA 3.2: The percent of family members satisfied with a project activity: 90 SC 1.3.1: The number of promising practices supported through council activities: 4 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

62

Short term outcomes: The development of employer engagement best practices leads to an increase in knowledge and capacity of businesses and service providers.

Long term outcomes: More Ohioans with developmental disabilities are competitively employed.

Resources to be invested: 2022, 2023, 2024 *Federal: $65,000.00 Matching Funds: $21,666.67 Total: $86,666.67 *Continued funding will be contingent upon the availability of funds.

Funding method: Allocation Grantee: Disability:IN Ohio

63

EMPLOYMENT RESOURCES Public Law 106-402-Oct 30, 2000 Section 125 (c) (5) (H) BARRIER ELIMINATION, SYSTEMS DESIGN AND REDESIGN.— The Council may support and conduct activities to eliminate barriers to access and use of community services by individuals with developmental disabilities, enhance systems design and redesign, and enhance citizen participation to address issues identified in the State plan.

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: People with disabilities, families and service providers have knowledge and access to employment related resources, technology and programs resulting in improved employment outcomes.

Background, rationale, and scope of project: Recently the Ohio DD Council conducted the 5-Year State Plan Public Survey as a first step in identifying problems and needs to be addressed the council’s state plan.

Key findings from this survey in the area of employment identified: • • •

Two of the biggest issues for people with disabilities to live the life they want to live were: finding a job or getting a better job or more money and understanding how to get services.

One of top reasons people with disabilities were not working in the community was they are afraid of losing their benefits.

Barriers to continued education or training after school were lack of knowledge of programs.

64

• •

Understanding benefits, including Medicaid, SSI, and SSDI, was identified as a significant need.

Barriers to accessing technology included: do not know what kind of technology would be helpful and unsure how to pay for the technology.

The Ohio Developmental Disabilities Council (ODDC) will fund several projects to ensure people with disabilities, families and service providers have knowledge and access to employment related resources, technology and programs. ODDC will fund several projects from 2022-2026. ODDC will provide funding for $10,000-$50,000 per project each year. Proposals must indicate the number of years funding is being requested (1 to 5 years in 2022, 1 to 4 years in 2023, 1 to 3 years in 2024, 1 to 2 years in 2025, 1 year in 2026) and the amount of funding.

ODDC will support activities that build capacity and systemic change through outreach, training, research, technical assistance, supporting and educating communities, interagency collaboration and coordination, demonstration of new approaches, informing policymakers and eliminating barriers, and system design and redesign.

Proposals should address, if necessary: transportation, accessibility, use of technology, replication, sustainability, length of the project, if the project reaches entire state or a specific region, cross-disability and cultural diversity.

Key activities: • • •

Increase in knowledge of employment related resources, technology and programs of individuals with disabilities, family members, and service providers.

Increase in the access of employment related resources, technology and programs of individuals with disabilities, family members, and service providers.

More people with disabilities are employed in integrated competitive employment.

65

Outputs: (for all projects funded) IFA 1.1: The number of people with developmental disabilities who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect their lives, the lives of others, and/or systems: 20 IFA 1.2: The number of family members who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect the family, the lives of others, and/or systems: 20 IFA 1.3: The number of 'other individuals' who participated in Council supported in activities designed to increase their knowledge: 20 SC 1.3.1: The number of promising practices supported through council activities: 4 SC 2.2: The number of Council efforts that were implemented to transform fragmented approaches into a coordinated and effective system that assures individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life: 4 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Ohioans with developmental disabilities have an increase in knowledge about and access employment related resources, technology, and programs.

Long term outcomes: There is an increase in economic stability and advancement of people with disabilities.

66

Resources to be invested: (for all projects funded) 2022 and 2023 *Federal $50,000.00 Matching Funds: $16,666.66 Total $66,666.66

2024 $89,000.00 $29,666.66 $118,666.66

2025 and 2026 $134,000.00 $44,666.66 $178,666.66

*Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee(s): TBD

67

OHIO DB 101 VIDEOS Public Law 106-402-Oct 30, 2000 Section 125 (c) (5) (H) BARRIER ELIMINATION, SYSTEMS DESIGN AND REDESIGN.—The Council may support and conduct activities to eliminate barriers to access and use of community services by individuals with developmental disabilities, enhance systems design and redesign, and enhance citizen participation to address issues identified in the State plan.

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: Over 1,200 people with disabilities a year will be empowered to make informed decisions related to competitive integrated employment.

Background, rationale, and scope of project: Ohio’s Disability Benefits 101 (www.oh.db101.org ) is a comprehensive website that empowers people with disabilities to make informed decisions about making competitive integrated employment a part of their lives.

OHDB 101 offers Ohio-specific, individualized tools and information on employment and career planning, health coverage options, disability benefits, asset building, education, housing, and community living. OHDB 101 provides 24/7 access to interactive planning tools, information, and enhanced self-directed learning that deepen the user’s knowledge about work possibilities, opening the potential of people who may otherwise believe that work is not an attainable goal. OHDB 101 serves a range of users, including youth with disabilities, job seekers with disabilities, service providers, and their communities.

68

Ohio recently updated and redesigned the OHDB 101 website with the World Institute on Disabilities (https://wid.org/about/vision/) to make the site more accessible and user friendly to people in Ohio and improve the usefulness of the tools.

The Ohio Department of Developmental Disabilities contracts with The World Institute on Disability (WID) to provide technical assistance on the integration of OHDB101 into daily practices and policies in response to federal and state directives and initiatives towards competitive integrated employment for people with and without disability benefits. WID is a nationally renowned agency that manages the OHDB101 web platform (https://www.db101.org/) for numerous states across the country.

The ODDC will fund continuing efforts to improve the user experience for people with intellectual and developmental disabilities. This includes the use of video tutorials to provide users an accessible and meaningful method for learning about how to maximize their disability benefits to engage in competitive and integrated employment. Video subject matters may include, but are not limited to: What is SSI, SSI and Work, Ohio’s STABLE Account program and Medicaid Waivers.

Key activities: • • •

Development and management of video tutorials for OHDB101.

Improve the accessibility of OHDB101.

Increase the financial literacy of individuals with disabilities, family members, and service providers.

Outputs: IFA 1.1: The number of people with developmental disabilities who participated in council supported activities designed to increase their knowledge of how to take part in decisions that affect their lives, the lives of others, and/or systems: 1,000 SC 1.3.1: The number of promising practices supported through council activities: 2

69

*ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Ohioans with developmental disabilities have more resources to make informed decisions related to competitive integrated employment.

Long term outcomes: There is an increase in economic stability and advancement of people with disabilities.

Resources to be invested: 2022 and 2023 *Federal $39,000.00 Matching Funds: $13,000.00 Total $52,000.00 *Continued funding will be contingent upon the availability of funds.

Funding method: Allocation Grantee: World Institute on Disabilities

70

OHIO DEVELOPMENTAL DISABILITIES COUNCIL Project Descriptions 2022 â&#x20AC;&#x201C; 2026

In the Area of Leadership Development Projects

Staff Contact: Leslie Connelly (614) 644-5542 Leslie.Connelly@dodd.ohio.gov 71

EMERGING ADVOCATES Public Law 106-402-Oct 30, 2000 Section 125(c) (5) (K) (i) DEMONSTRATION OF NEW APPROACHES TO SERVICES AND SUPPORTS. The Council may support and conduct, on a time-limited basis, activities to demonstrate new approaches to serving individuals with developmental disabilities that are a part of an overall strategy for systemic change. The strategy may involve the education of policymakers and the public about how to deliver effectively, to individuals with developmental disabilities and their families, services, supports, and assistance that contribute to the achievement of the purpose of this subtitle.

Goal: Provide a broad range of leadership development opportunities for people with developmental disabilities, their family members, and allies. Offer a variety of opportunities to develop the skills needed to become leaders in the disability movement.

Objective and impact of project: Over the five-year grant period, children and youth with developmental disabilities will be empowered through skill development and opportunities to advocate for themselves and others.

Background, rationale, and scope of project: According to Wrights Law self- advocacy is: Learning how to speak up for yourself, making your own decisions about your own life, learning how to get information so that you can understand things that are of interest to you, finding out who will support you in your journey, knowing your rights and responsibilities, problem solving, listening and learning, reaching out to others when you need help and friendship, and learning about self-determination.

72

Why is Self-Advocacy Important?

So that you have the knowledge needed to succeed and are given the chance to participate in decisions that are being made about your life. *(https://www.wrightslaw.com/info/self.advocacy.htm) Developing self-advocacy skills is a critical tool for youth with disabilities to achieve their goals and increase self-sufficiency. It is never too early to start teaching these skills. The foundation for self-advocacy can begin when a child is young and then be expanded upon during the elementary, middle, and high school years.

Currently in Ohio, there are few education programs for youth with disabilities to improve self-advocacy skills. Most programs are focused on adults with disabilities. Fortunately, several school districts have developed goals focusing on student self-advocacy and self-determination, but it is not enough. Often the youth programs occur in the final years of high school, leaving youth with inadequate skills to speak up and be involved in making important decisions about their life, as well as become leaders in adulthood.

The Ohio Developmental Disabilities Council (ODDC) will fund a project to increase and improve the: â&#x20AC;˘ â&#x20AC;˘ â&#x20AC;˘

support children and youth with DD receive from families, schools, direct service providers, and other entities to learn self-advocacy and leadership skills and put these skills into practice. opportunities children and youth with DD have to use advocacy skills in educational planning, including Individualized Education Programs (IEPs), transition plans, and all decision-making. self-advocacy and advocacy skills of children and youth with DD for them to advocate for themselves and others.

ODDC will support activities that build capacity and systemic change through outreach, training, research, technical assistance, supporting and educating communities, interagency collaboration and coordination, demonstration of new approaches, informing policymakers and eliminating barriers, and system design and redesign.

73

ODDC will provide funding as outlined below for each year of the project.

Proposals should address each year of the project. Proposals should address, if necessary: transportation, accessibility, use of technology, replication, sustainability, if the project reaches entire state or a specific region, cross-disability, and cultural diversity.

Key activities: • • • •

Increase self-advocacy and advocacy skills of children and youth with developmental disabilities Improve self-advocacy and advocacy support received from families, educators, and providers Improve the awareness of families, educators and providers regarding self-advocacy and advocacy of children and youth with developmental disabilities Increase opportunities for children and youth to advocate and be leaders

Outputs: IFA 1.1: The number of people with developmental disabilities who participated in council supported activities designed to increase their knowledge of how to take part in decisions that affect their lives, the lives of others, and/or systems: 50 IFA 1.3: The number of 'other individuals' who participated in Council supported in activities designed to increase their knowledge: 50 IFA 2.4: The percent of people who are participating now in advocacy activities: 75 IFA 2.4IND: Of the total in IFA 2.1B, the number of PWDD who responded that they are 'participating now in advocacy activities': 30 SC 1.3.3: The number of best practices created: 2 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

74

Short term outcomes: Children and youth with developmental disabilities have improved selfadvocacy skills and knowledge.

Long term outcomes: Children and youth with developmental disabilities become effective selfadvocates and leaders in their communities.

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal $85,000.00 Matching Funds: $28,333.00 Total: $113,333.00 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: TBD

75

EMPOWERING PEOPLE WITH DISABILITIES Public Law 106-402-Oct 30, 2000 Section 125(c) (5) (I) COALITION DEVELOPMENT AND CITIZEN PARTICIPATION.â&#x20AC;&#x201D;The Council may support and conduct activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families and to develop and support coalitions that support the policy agenda of the Council, including training in self-advocacy, education of policymakers, and citizen leadership skills.

Goal: Provide a broad range of leadership development opportunities for people with developmental disabilities, their family members, and allies. Offer a variety of opportunities to develop the skills needed to become leaders in the disability movement.

Objective and impact of project: Individuals with developmental disabilities will develop self-advocacy and leadership skills to live their lives as they choose and advocate for issues important to them.

Background, rationale, and scope of project: The DD Act, as reauthorized, includes a requirement that every Developmental Disabilities Council address these three areas: (I) (II)

establish or strengthen a program for the direct funding of a State self-advocacy organization led by individuals with developmental disabilities; 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

76

(III)

support and expand participation of individuals with developmental disabilities in cross-disability and culturally diverse leadership

To meet this requirement, Ohio DD Council will: • Fund projects that meet the requirements of the DD Act, as stated above.

• Support activities that build capacity and systemic change through outreach, training, research, technical assistance, supporting and educating communities, interagency collaboration and coordination, demonstration of new approaches, informing policymakers, and system design and redesign.

Several five-year projects may be selected for funding. ODDC will provide funding for $10,000-$35,000 per project each year. Proposals should address, if necessary: transportation, accessibility, use of technology, replication, sustainability, if the project reaches entire state or a specific region, cross-disability, and cultural diversity. In addition, each proposal should clearly state which area(s) of the DD Act requirements the proposal is addressing. Proposals that do not address one of the areas will not be considered for funding.

Key activities: • • • •

Empower leaders and advocates Provide leadership opportunities Increase self-advocacy skills Support and expand participation in cross-disability and culturally diverse leadership

Outputs: (for all projects funded) IFA 1.1: The number of people with developmental disabilities who participated in council supported activities designed to increase their knowledge of how to take part in decisions that affect their lives, the lives of others, and/or systems: 100 IFA 2.4: The percent of people who are participating now in advocacy activities: 75 77

IFA 2.4IND: Of the total in IFA 2.1B, the number of PWDD who responded that they are 'participating now in advocacy activities': 75 IFA 2.5IND: Of the total in IFA 2.1B, the number of PWDD who responded that they are 'participating on cross disability coalitions, boards, and/or serving in leadership positions': 30 SC 1.3.3: The number of best practices created: 2 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Individuals with developmental disabilities and their families have improved self- advocacy and leadership skills.

Long term outcomes: Individuals with developmental disabilities and their families are leaders in their communities and advocate for issues important to them.

Resources to be invested: (for all projects funded) 2022, 2023, 2024, 2025, 2026 *Federal $70,000.00 Matching Funds: $23,333.33 Total: $93,333.33 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: TBD 78

ODDC AND ADVOCACY Public Law 106-402-Oct 30, 2000 Section 125(c) (5) (I) COALITION DEVELOPMENT AND CITIZEN PARTICIPATION.â&#x20AC;&#x201D;The Council may support and conduct activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families and to develop and support coalitions that support the policy agenda of the Council, including training in self-advocacy, education of policymakers, and citizen leadership skills.

Goal: Provide a broad range of leadership development opportunities for people with developmental disabilities, their family members, and allies. Offer a variety of opportunities to develop the skills needed to become leaders in the disability movement.

Objective and impact of project: Over the five-year grant period, self-advocate leaders with developmental disabilities will be empowered through skill development and opportunities to be effective leaders.

Background, rationale, and scope of project: The DD Act, as reauthorized, includes a requirement that every Developmental Disabilities Council address these three areas: (IV) establish or strengthen a program for the direct funding of a State self-advocacy organization led by individuals with developmental disabilities; (V)

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

79

(VI) support and expand participation of individuals with developmental disabilities in cross-disability and culturally diverse leadership To meet this requirement, Ohio DD Council will: •

• • •

Provide technical assistance to state self-advocacy organization(s) to support its members to advocate for policies that remove barriers to the full inclusion of people with developmental disabilities and their families, Ensure Council’s documents and materials are written in plain language and in a manner appropriate for the intended audience, Support various self-advocacy organizations to assist with coordination and collaboration, Council members will mentor others in the community.

Key activities: • • •

Identify self-advocate leaders Provide leadership opportunities Increase self-advocacy skills

Outputs: SC 1.3.4: The number of best practices supported through Council activities: 3 Short term outcomes: Individuals with developmental disabilities and their families have improved self- advocacy skills and knowledge Long term outcomes: Individuals with developmental disabilities and their families are effective self-advocates and leaders in their communities.

80

Resources to be invested: *Federal Matching Funds: Total

$00.00 $00.00 $00.00

Funding method: In-house Grantee: None

81

OHIO DEVELOPMENTAL DISABILITIES COUNCIL Project Descriptions 2022 â&#x20AC;&#x201C; 2026

In the Area of Outreach Initiatives

Staff Contact: Kenneth Latham (614) 644-5546 Kenneth.Latham@dodd.ohio.gov

82

DETECTING SPECIFIC DISORDERS FOR AMISH AND NON-AMISH COMMUNITIES PROJECT PUBLIC LAW 106–402—OCT. 30, 2000 (B) OUTREACH.—The Council may support and conduct outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the Council and assist and enable the individuals and families to obtain services, individualized supports, and other forms of assistance, including access to special adaptation of generic community services or specialized services. (b) PURPOSE.—The purpose of this title is to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life through culturally competent programs authorized under this title.

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: By the end of year two, the project will have identified at least 3 additional disorders to the current 160 disease panel currently offered to the Amish as well as Non-Amish communities.

Background, rationale, and scope of project: The Amish Project is a unique grant that does research in the Amish community. The Amish community is a closed community and utilizes as little mainstream society resources as possible. Because it is a closed community, the current grantee, the DDC clinic has established a partnership to deliver healthcare, research, and treatment for genetic disorder conditions.

83

This unique grant has proven to be extremely innovative, not only Statewide but nationally. A collaboration with medical professionals, families, hospitals, and teachers learn from the work that takes place in the Amish area of Northeast, Ohio.

The outreach services to Holmes County over the last several years played a key role in the development of a new, locally supported clinic â&#x20AC;&#x201C; an important step in establishing long-term sustainability of medical care for the Amish DD community in this region. But the need for and impact of services to Amish families across Ohio is great and this opportunity for increased funding, timely. The current estimated Ohio Amish population is 67,000 and growing (estimated doubling rate of 15-20 years), representing 10,000 households in 55 settlements. The fees charged to self-pay families for most of targeted tests is just $75 - much less than actual cost to run them and a fraction of the fees charged by medical centers and commercial laboratories.

The primary focus of this grant is to visit, diagnosis, test, and treat families in the Amish community who may be experiencing genetic disorders. All findings of the research are shared with other medical facilities, physicians, families, and other Amish communities. Through research, the DDC Clinic translates genetic research from the Laboratory and identifies genetic disorders. The DDC Clinic provides targeted consultation for various clinics in the Holmes Settlement.

In pursuing an Amish grant, it represents a collection of different genetically closed communities. The genetic disorders exist more in isolated districts and some of the disorders are quite rare, or unique, and serious enough to increase the mortality rate among Amish Children.

The major deliverable for the 2012-2016 Amish Community Project was outreach to the Holmes County Amish community.

Earlier diagnoses mean answers for families when for many years there were none. And earlier treatment for at-risk children leads to decreased disability and a higher quality of life for the community.

The focus for the project during 2017-2021 was to expand this effort and provide services to Amish communities across all of Ohio.

84

The work for 2017 and beyond benefitted the Amish communities across Ohio with the following goals: • • •

Support expanded research, comparing rare disorders' penetrance across multiple Amish communities.

Develop up to 30 new diagnostic tests and provide this expanded diagnostic testing menu to Ohio Amish at the lowest possible cost; and Expand our education & outreach services to include genetic counseling (newly hired position) and support services for Amish families and the medical professionals that serve them.

These expanded services include research, expanding the number and availability of low-cost genetic tests, providing education and genetic counseling services for physicians and families, and increasing Amish families' awareness of rare genetic disorders, including a focus on young adults before they marry and have families of their own.

Potential Grantee would be working with the DD Clinic the premier genetic center to focus on specific disorders that may affect a larger percentage of the Amish and Non-Amish population in Ohio.

Key activities: • • •

Services will include: Expanded: Genetic Testing for all In-service Training for Amish Teachers of Special Needs Children, when needed.

Hosting Medical Professional Meetings on Amish Genomic Medicine

Outputs: IFA 1.2: The number of family members who participated in Council supported in activities designed to increase their knowledge of how to take part in decisions that affect the family, the lives of others, and/or systems: 700 SC 1.3.4: The number of best practices supported through Council activities: 3

85

*ODDC determines customer satisfaction with Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: With the addition of a second physician hired with board certification for Genetics and Internal Medicine, the DD Clinic is the premier genetic center in the State of Ohio. This will allow the project to focus on specific disorders that may affect a larger percentage of the Amish and Non-Amish population in Ohio.

Long term outcomes: Continue research and development to expand the number of genetic tests and panels.

DDC Clinic will host bi-annual professional meetings to educate regional medical specialists on the rare genetic disorders affecting Ohioâ&#x20AC;&#x2122;s Amish and Non- Amish communities. The overall goal is to build awareness among the medical specialties and facilities that are in the best professional roles and geographic locations to help facilitate earlier interventions.

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal: $50,000.00 Matching Funds: $16,666.66 Total: $66,666.66 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: To Be Determined

86

EMPOWERING REACHOUT E-DIVERSITY NEWSLETTER Public Law 106-402- Oct. 30, 2000- 114 STAT.1704 (F) INTERAGENCY COLLABORATION AND COORDINATION.—The Council may support and conduct activities to promote interagency collaboration and coordination to better serve, support, assist, or advocate for individuals with developmental disabilities and their families.

(7) CULTURALLY COMPETENT.—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.

(5) specific efforts must be made to ensure that individuals with developmental disabilities from racial and ethnic minority backgrounds and their families enjoy increased and meaningful opportunities to access and use community services, individualized supports, and other forms of assistance available to other individuals with developmental disabilities and their families;

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: By the end of each fiscal year, the newsletter will increase knowledge and awareness to 700 stakeholders including people with disabilities and their families about the benefits of culturally competent interagency collaboration and challenge readers will be encouraged to participate periodically in a challenge where they take action on information shared. Individuals with disabilities from un/underserved populations will be identified to lead the Challenges.

87

Background, rationale, and scope of project: The Reach Out e-Diversity Newsletter has been a bi-monthly electronic publication being sponsored by the Outreach Committee of the Ohio Developmental Disabilities Council. The purpose is to provide information to interested parties on the need to promote more interagency collaboration and coordination that results in agencies providing culturally competent services to the un/underserved populations in Ohio.

Best practice outreach strategies and other pertinent information would be made available to interested agencies, Council grantees and people with disabilities and their families via the e-Diversity update demonstrating the need to promote more interagency collaboration and coordination that results in agencies providing culturally competent services to the un/underserved populations in Ohio.

The Reach-out e-Diversity Newsletter as envisioned by the Outreach Committee will continue the following:    

Increase awareness of services available to minorities with developmental disabilities.

Increase awareness of grant and funding opportunities.

Increase understanding of issues that impact minorities with developmental disabilities.

Include an analyses & summary of polling.

The Reach-out e-Diversity newsletter also included the following features: 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Polling and other engagement strategies Marketing to social media platforms Experts Corner Program/Agency Highlights Best Practices Networking Opportunities Frequently asked questions (FAQ) 6 sections Electronic version 8 pages Full color Inside email 88

13.

14.

15.

16.

PDF Opt in/out email list Link to website 8 pages & full color

The Developmental Disabilities Assistance and Bill of Rights Act of 2000 FINDINGS-Congress finds that• disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society; • a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; • individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of assistance, that are most effective when provided in a coordinated manner; • there is a need to ensure that services, supports, and other assistance are provided in a culturally competent manner, that ensures that individuals from racial and ethnic minority backgrounds are fully included in all activities provided under this title; • the public needs to be made more aware of the capabilities and competencies of individuals with developmental disabilities, particularly in cases in which the individuals are provided with necessary services, supports, and other assistance; • as increasing numbers of individuals with developmental disabilities are living, learning, working, and participating in all aspects of community life, there is an increasing need for a well-trained workforce that is able to provide the services, supports, and other forms of direct assistance required to enable the individuals to carry out those activities; • there needs to be greater effort to recruit individuals from minority backgrounds into professions serving individuals with developmental disabilities and their families.

89

The purpose of the Developmental Disabilities Assistance and Bill of Rights Act 2000 is to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life, through culturally competent programs authorized under this title, including specifically: State Councils on Developmental Disabilities in each State to engage in advocacy, capacity building, and systemic change activities that— contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system that includes needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families; Reach Out e-Diversity Newsletter will do the following: • Identify the benefits and outcomes of culturally competent interagency collaboration and coordination to un/underserved populations with disabilities • Provide call to action strategies that address issues impacting minorities with developmental disabilities • Facilitate networking among stakeholders (people with disabilities, their families, service providers, agencies, legislators, etc.) that focuses on meeting the needs of minorities with developmental disabilities During the next 5 years, Council would like the grantee to continue to focus on the following: • Identify the benefits and outcomes of culturally competent interagency collaboration and coordination to un/underserved populations with disabilities • Provide call to action strategies that address issues impacting minorities with developmental disabilities • Facilitate networking among stakeholders (people with disabilities, their families, service providers, agencies, legislators, etc.) that focuses on meeting the needs of minorities with developmental disabilities New features will include the following:

90

•

•

•

Diversity, Equity, and Inclusion Tool Kit: Each newsletter will include tools that readers can add to their DE&I Tool Kit. These will include books and articles, apps, videos, assessment tools, standards, policies, and procedures, etc.; resources that will equip readers to be better equipped to reach out to un/underserved populations with disabilities.

County Spotlight: A spotlight on outreach efforts in each of Ohio's regions will highlighted in the newsletter. This may vary from being an interview with a board member, community leader, advocate, individual with disability, caregiver, etc. OR it could be a feature story about an organization and its practices, results, etc.

Challenge Readers: The newsletter is going to have segments that will challenge the reader take action on certain topics.

Key activities: • • • • •

Identifying current issues and “best practices” that focus on providing culturally competent services to un/underserved populations with disabilities.

Feature research, experts, and programs that address issues and practices that focus on providing culturally competent services to un/underserved population with disabilities.

Developing articles that provide information about these issues and practices.

Create innovative call to action strategies that engage readership.

Establish a virtual network of stakeholders that engage in finding practical solutions to meeting the needs of minorities with developmental disabilities.

Outputs: SC 1.3.4: The number of best practices supported through Council activities: 10 *ODDC determines customer satisfaction with Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

91

Short term outcomes: • • • •

Increase readers’ awareness of issues and best practices that focus on providing culturally competent services to un/underserved populations with disabilities.

Increase readers’ understanding of research findings and best practices that result in the provision of culturally competent services to un/underserved populations with disabilities Increase number of readers who engage in discussions and participate in calls to action that focuses on providing culturally competent services to un/underserved population with disabilities.

Challenge Readers- The newsletter is going to have segments that will challenge the reader take action on certain topics.

Long term outcomes: Increased number of readers will be empowered to share information about the benefits of addressing issues and implementing best practices associated with providing culturally competent services to un/underserved populations with disabilities.

Increased number of readers who provide innovative solutions that positively impact minorities with developmental disabilities.

Resources to be invested: 2022, 2023, 2024, 2025, 2026 *Federal: $30,000.00 Matching Funds: $10,000.00 Total: $40,000.00 *Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: To Be Determined 92

HUMAN TRAFFICKING AND VULNERABLE POPULATIONS 114 STAT. 1682 PUBLIC LAW 106–402—OCT. 30, 2000 (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). (A) protecting individuals with developmental disabilities from abuse, neglect, sexual and financial exploitation, and violations of legal and human rights, so that those individuals are at no greater risk of harm than other persons in the general population; and (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (5) specific efforts must be made to ensure that individuals with developmental disabilities from racial and ethnic minority backgrounds and their families enjoy increased and meaningful opportunities to access and use community services, individualized supports, and other forms of assistance available to other individuals with developmental disabilities and their families;

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: By the end of 2022, a “White Paper” will be written which describes human trafficking in Ohio as it relates to people with developmental disabilities and this paper will include recommendations on best practices on how to address the problem for future funding considerations.

93

Background, rationale and scope of project: Human trafficking is an egregious violation of the inherent rights and dignity of a person. Individuals with certain disabilities may be more susceptible to exploitation by traffickers. Forced labor and sex trafficking are horrific forms of abuse of a person with or without a disability. Both are crimes under the federal Trafficking Victims Protection Act of 2000 (TVPA). Pub. L. 106-386.

(National Disability Rights Network) Federal law defines "sex trafficking" as "the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age." Force, fraud, or coercion do not need to be present for a minor under the age of 18 involved in any commercial sex act because minors cannot consent to a sex act with an adult. Minors are easier to exploit and manipulate, thus vulnerable to trafficking. (Tammy J. Toney-Butler; Olivia Mittel -University of Louisville Last Update: August 10, 2020.)

Police departments made 98 arrests last year during human trafficking investigations in Ohio, identifying 181 potential victims. The report says 85 investigations in the state led to 113 suspected traffickers and 68 suspected of trying to pay for sex. The report, by the Attorney General's Human Trafficking Commission, also documented the rescue of 17 potential victims and the referral of 67 victims to social services. Nearly 5,000 officers completed human trafficking training. State law increased penalties for people convicted of soliciting sex from children or people with developmental disabilities.

Ohio is particularly vulnerable to human trafficking because it has both large urban centers, rural counties, a large transient and immigrant population, as well as five major highways with easy access to other states and Canada. 1,032 Ohio children are victims of human sex trafficking every year.

Ohio has ranked as high as fifth among all states in total reported human trafficking cases with Toledo being identified as the fourth highest ranking city in the nation for recruiting victims into the illegal trade.

(Feb 10, 2020 https://odh.ohio.gov) 94

Ohio actually in the U.S. ranks as high as fourth in terms as the most prevalent use of Sexually trafficked people,â&#x20AC;? said Bruce Keller with Compass Ministries, an organization that strives to provide hope and services to women who have been victims of sexual exploitation and sex trafficking. (Feb 22, 2019 https://www.cleveland19.com) The Office for Victims of Crime Training and Technical Assistance Center details the vulnerabilities that increase the risk for individuals with disabilities to being trafficked. Some of them are outlined below: 1.

2.

3.

4.

5.

Traffickers may seek out victims with disabilities to gain access to their public benefits such as Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits.

Individuals with disabilities may require a caregiver to meet their basic needs, and this caregiver can take advantage of this dependency and force them into prostitution or labor. Even if the caregiver themselves is not the trafficker, people with disabilities may have a learned response to comply with caregiversâ&#x20AC;&#x2122; wishes due to their dependence on them. Therefore, they may have normalized an unequal power dynamic in their relationships, which could carry over into their relationship with a trafficker or abuser.

Some individuals with disabilities may require assistive technologies or additional supports with communication and/or speech. This may affect their ability to get help and report the abuse they are suffering and could require them to depend on their trafficker for interpretation. For these victims, suffering in silence takes on a very literal meaning.

People with disabilities may be sheltered and isolated and therefore crave friendships and relationships. In one example from the National Human Trafficking Hotline, an adult potential victim with a developmental disability was recruited from a recreational and vocational training center. The potential trafficker posed as a boyfriend and made the victim believe that counselors, family, and friends did not want her to be an independent adult. He used her fear of being treated as a child against her, which caused her to be isolated from those looking after her interests. He then convinced her to engage in commercial sex out of their home.

Traffickers may also target individuals with disabilities because of the social discrimination and prejudice they face. This can cause authorities and even their own family and friends to not believe victims 95

when they report their abuse. This is especially true for victims with disabilities that affect intellectual, cognitive or communication functions or those individuals with mental health diagnoses.

In Ohio, the most common form of human trafficking is sex trafficking, with the majority of the victims being adult females. This is not to say that victims cannot be male, but the majority of cases in Ohio involve female victims. Since 2016, around 1,196 human trafficking cases have been reported in Ohio. These statistics continue to increase each year and come from the human trafficking hotline.

Human traffickers lure their victims by using charm, lies and deception, promising a better life and opportunities to make money. The intention is not romantic but to make money. The victim may be sold off or used for labor or sexual exploitation. (https://www.thenoproject.org) Disability rights advocates and investigators need to play a vital role to identify and prevent trafficking of persons with disabilities as the scope of the problem has become more apparent.

Council would like to invest in a project to create a “White Paper” on the issue of human trafficking as it relates to people with disabilities. A white paper is an authoritative report or guide that often addresses issues and how to solve them. Typically, the purpose of a white paper is to advocate that a certain position is the best way to go or that a certain solution is best for a particular problem. When it is used for advocacy purposes, it could influence the decision-making processes of current and future policies, procedures, and legislation.

For Phase One of the project Council would like this “White Paper” to provide information on the problem, data, and recommendations. Based on the recommendations Council will determine which recommendation to fund during the remaining years of the 5 Year State Plan. For demonstration purposes Council would like to target the inner city in Central Ohio which means 24 miles from Columbus. This can include the following cities: Westerville, Groveport, Bexley, Lockbourne, New Albany, Upper Arlington, Grove City, Etna, Dublin, Canal Winchester, Derby, Powell, Lithopolis, Bellfontaine, Worthington, Commercial Point, Delaware, Orient, Newark, Reynoldsburg, Marion, Pickerington, Mr. Gilead, Blacklick, Mt. Vernon, Ashville, Harrisburg, Galloway, Carroll and Hilliard.96

Key Activities: The White Paper should include information on the following: • Identify prevention strategies (and restoration strategies—restoring persons or trauma informed care strategies) • Best practices for working with survivors of HT who are PWD and PWD of color • Identify potential barriers and gaps in services (HT services and DD services) for victims of HT who are PWD and PWD of color • An account of what is known about HT services and DD services that are provided to victims of HT who are PWD and PWD of color • In Year 3 provide incidence data statewide (this helps give us the scope of the problem in Ohio) around trafficking/abuse of persons with disabilities (we would want the data disaggregated in a way that helped us identify the type of abuse so that we can differentiate between what is traditionally thought of as physical abuse and what is trafficking/exploitation).

• Provide information about interventions utilized in a given community that show promising practice in protecting persons with disabilities from trafficking/exploitation. We would prefer examples from within Ohio, but in the absence of that, information from other states could be beneficial to us in developing programs/projects here.

• The examples must include detailed information about the interventions/strategies and both baseline and outcome data that demonstrates program success or promising practice.

• Information about challenges for survivors… trauma, barriers to identifying new providers, etc.

• Better understanding of what/if there are similarities among traffickers and how do they gain access to persons with disabilities.

• What are providers in Ohio (and other states) doing to be competent around this issue? What are the measures put in place to protect vulnerable persons? What trauma informed care training and practice is in place?

• Identify how current projects in Ohio and other states pay for the interventions they have in place • People with Disabilities (Our vulnerable population) • General data • Legislation • Inner City population 97

â&#x20AC;˘ â&#x20AC;˘

Treatment Training for Professional Development which includes Cultural Competence training

Outputs: SC 1.3.3: The number of best practices created: 1 SC 1.3.4: The number of best practices supported through Council activities: 3 SC 1.4: The number of people trained or educated through Council systemic initiatives: 150 *ODDC determines customer satisfaction with Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: To develop informational materials to promote collaboration with other agencies and organizations to have discussions about people with disabilities who have been drawn to the trafficking trade.

Long term outcomes: The long-term goal is to determine how invested is the State of Ohio in creating Legislation and Regulations that impacts this issue, since Ohio is 4th in the country dealing with Human Trafficking.

Advocate for training, education, and awareness.

Resources to be invested: *Federal: Matching funds: Total:

$30,000.00 $10,000.00 $40,000.00

*Continued funding will be contingent upon the availability of funds.

98

Funding method: Competitive Grantee: To Be Determined

99

OHIO’S LGBTQ COMMUNITY AND PEOPLE WITH DISABILITIES PUBLIC LAW 106–402—OCT. 30, 2000 (B) OUTREACH.—The Council may support and conduct outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the Council and assist and enable the individuals and families to obtain services, individualized supports, and other forms of assistance, including access to special adaptation of generic community services or specialized services. (b) PURPOSE.—The purpose of this title is to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life through culturally competent programs authorized under this title.

(5) specific efforts must be made to ensure that individuals with developmental disabilities from racial and ethnic minority backgrounds and their families enjoy increased and meaningful opportunities to access and use community services, individualized supports, and other forms of assistance available to other individuals with developmental disabilities and their families; Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: By the end of 2022, a “White Paper” will be written that explores and establishes data that does not exist in Ohio about the LGBTQ population as it relates to people with developmental disabilities. This “White Paper” will

100

include recommendations on best practices on how to address issues for future funding considerations.

Background, rationale, and scope of project: Research shows that LGBT people are more likely than the general population to have a disability and face systemic challenges finding employment, community, and more. Even 29 years after the passage of the ADA, more work is needed to ensure that people with disabilities, including LGBT people with disabilities, have full and equal access in American society. An estimated 3-5 million LGBT people have disabilities. (Center for American Progress) The Center for American Progress notes several unique challenges for LGBTQ people with disabilities such as: Limited access to LGBT-inclusive and fully accessible services.

Accessing affordable, accessible, and inclusive health care, community services, and more is challenging for LGBT people with disabilities. This is particularly true for people in rural communities. Not only are people living 5 in rural areas more likely to have disabilities, but the distances needed to travel to find LGBT-competent and fully accessible service providers, community programming, and more placed LGBT people with disabilities in rural communities at a greater risk for isolation and increased discrimination.

For people with developmental disabilities on the LGBTQ spectrum, dating can be an exacting endeavor. Agencies are now starting to recognize the need for LGBTQ-inclusive services and are working with self-advocates to develop support groups. (slate.com) Bullying and exclusion for LGBTQ youth with disabilities. LGBTQ youth with disabilities report high rates of harassment and are more likely to 6 be bullied or harassed than students without disabilities. LGBTQ students with disabilities are more likely to be disciplined in school and to drop out of 7 school, compared to LGBTQ students without disabilities.

Invisibility within both communities. LGBTQ people with disabilities often report that it is challenging to have their identities fully recognized. In spaces focused on disability, their unique experiences as LGBT people 101

may not be recognized. And in LGBT spaces, services and facilities may not be inclusive or accessible, including having accessible buildings or restrooms, ASL interpretation and/or CART captioning for deaf or hard of hearing people, and more.

Columbus, Ohio is primarily known as an art district, but has a strong gay community and a high concentration of gay-oriented clubs and bars. Now, the city also can boast that it ranks in the top 15 among the nation's 50 large metropolitan areas with 4.3 percent -- or 4,427 -- of its adults identifying as lesbian, gay, bisexual or transgender, according to a new Gallup poll. (dispatach.com) Council would like to invest in a project to create a “White Paper” on the issue of LGBTQ as it relates to people with disabilities. A white paper is an authoritative report or guide that often addresses issues and how to solve them. Typically, the purpose of a white paper is to advocate that a certain position is the best way to go or that a certain solution is best for a particular problem. When it is used for advocacy purposes, it could influence the decision-making processes of current and future policies, procedures, and legislation.

With limited data about the experiences of both LGBTQ people of color and people of color with disabilities—let alone LGBTQ people of color with disabilities, more and improved data collection and analyses are needed.

Advocates, researchers, and policymakers should expand their notions of who are people living with disabilities and center the experiences of those who are often left out. (Center on American Progress suggestion) For Phase One of the project Council would like this “White Paper” to provide information on the problem, data, and recommendations. The White Paper should include how agencies can provide culturally competent services to the LGBTQ community which includes those persons with developmental disabilities which includes people of color with developmental disabilities. Based on the recommendations Council will determine which recommendation to fund during the remaining years of the 5 Year State Plan. For demonstration purposes Council would like to only target those cities in Central Ohio which means 25 miles from Columbus.

This can include the following cities:

102

Westerville, Groveport, Bexley, Lockbourne, New Albany, Upper Arlington, Grove City, Etna, Dublin, Canal Winchester, Derby, Powell, Lithopolis, Bellefontaine Worthington, Commercial Point, Delaware, Orient, Newark, Reynoldsburg, Marion, Pickerington, Mr. Gilead, Blacklick, Mt. Vernon, Ashville, Harrisburg, Galloway, Carroll and Hilliard.

In Year 3, the project can begin looking at communities that are very differently situated to help identify the different challenges like: access to culturally competent healthcare (provider offices/hospitals/in-home), transportation, access to internet service, community attitudes/stigma, the existence of similar social circles and social opportunities, housing/employment scenarios and barriers, access to and feeling of acceptance by providers of other social services, etc.

Key activities: • • • • • • • •

Development of “White Paper”.

Expanding data collection and reporting the experiences of LGBTQ people with developmental disabilities as well LGBTQ people of color with developmental disabilities.

Collaboration with other agencies such as DODD and their employees making them aware of what we are doing as it relates to PWD. Cultural Competence training.

Create focus groups.

Provide training for educational purposes which includes professional development.

Year 3 capture information about rural communities.

Year 3 look at persons living in the inner city and a suburban area to identify what challenges exist and where they are most obvious.

Outputs: SC 1.3.3: The number of best practices created: 3 SC 1.3.4: The number of best practices supported through Council activities: 3 SC 1.4: The number of people trained or educated through Council systemic initiatives: 200 103

*ODDC determines customer satisfaction with Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: To promote the project to other agencies and groups, especially in the disability community to create an interest in the project activities.

Long term outcomes: Project activities will create an impact to cause organizations to adopt best practices to create or provide culturally competent services to the LGBTQ population that has developmental disabilities.

Resources to be invested: *Federal: Matching funds: Total:

$30,000.00 $10,000.00 $40,000.00

*Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: To Be Determined

104

OHIO DEVELOPMENTAL DISABILITIES COUNCIL Project Descriptions 2022 â&#x20AC;&#x201C; 2026

In the Area of Public Policy

Staff Contact: Paul Jarvis (614) 644-5545 Paul.Jarvis@dodd.ohio.gov

105

DD AWARENESS & ADVOCACY DAY GRANT 42 USC 15025 (c)(5)(I) Coalition Development and Citizen Participation The Council may support and conduct activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families and to develop and support coalitions that support the policy agenda of the Council, including training in selfadvocacy, education of policymakers, and citizen leadership skills.

Goal: Provide a broad range of leadership development opportunities for people with developmental disabilities, their family members and allies. Offer a variety of opportunities to develop the skills needed to become leaders in the disability movement.

Objective and impact of project: People with developmental disabilities, their family members and friends and others will be active in systems advocacy through a single coordinated awareness and advocacy day.

Background, rationale, and scope of project: People with disabilities and their family members are their own best advocates when it comes to educating members of the general public and policymakers. It has been through their hard work, sacrifice and courage that public and political perceptions of the abilities and talents of people with disabilities has improved in Ohio.

As a result of coordinated efforts of Council and other organizations, positive changes in public policy have occurred in Ohio in the areas of employment, home and community-based services, health care, special education, and civil rights. These advancements in public policy are the result of active advocacy by individuals with disabilities who have traveled to the state capital and met face to face with legislators and their staff to advocate for change.

106

The face of public policy change in Ohio is not the DD Council, but rather, the individuals with disabilities and their family members who are supported by the Council to meet with their legislators and to tell their story. The DD Awareness and Advocacy Day grant will strengthen that effort through planning and coordination of a single event.

Key activities: The DD Awareness and Advocacy Day grantee will plan, on an annual basis, a single grassroots advocacy day to be conducted at the state capital. The grantee will be responsible for developing and implementing strategies that successfully: Recruit people with developmental disabilities, their family members, friends and others to participate in a single-day event at the state capital.

Particular focus should include recruiting participants from diverse ethnic and racial backgrounds. The goal of this aspect of the project will be to achieve participation in the event that is equal to racial or ethnic minority representation of Ohio’s population (as indicated by the American Community Survey). Emphasis should also be given to recruiting participants from each district of the Ohio House and Ohio Senate.

• Distribute available materials to participants, including materials developed by Council to help educate policymakers about public policy issues.

• Coordinate legislative visits that maximize advocate’s impact on their public policymakers. Coordination may require registration, pairing advocates and meeting coaching to ensure proper utilization of time.

• Collect and aggregate advocates’ meeting experiences.

• Obtain media coverage of the DD Awareness and Advocacy Day that provides members of the general public with information about public policy issues that will improve service delivery and system capacity for people with disabilities.

This project will be provided guidance and assistance on establishing the subject matter and training materials for the event by the Ohio Developmental Disabilities Council.

Outputs: IFA 1.1: The # of people with developmental disabilities who participated in Council supported activities designed to increase their knowledge of how to 107

take part in decisions that affect their lives, the lives of others, and/or systems. First Year Target: 200 IFA 1.2: The number of family members who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect the family, the lives of others, and/or systems.

First Year Target: 50 IFA 2.1: After participation in Council supported activities, the percent of people with developmental disabilities who report increasing their advocacy as a result of Council work. First Year Target: 85% IFA 2.2: After participation in Council supported activities, the percent of family members who report increasing their advocacy as a result of Council work. First Year Target: 85% SC 2.2: The # of Council efforts that were implemented to transform fragmented approaches into a coordinated and effective system that assures individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promotes self-determination, independence, productivity, and integration and inclusion in all facets of community life. First Year Target: 1 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Individuals with disabilities, family members and professionals will participate in an event program where they will receive training or updates on current services.

People with disabilities, family members and professionals will be engaged in active advocacy by meeting with state level policymakers.

108

Long term outcomes: By 2026, the event planning committee will be comprised of at least six self-advocates. An advocate from each county of the state will have participated in the program and engaged in active advocacy.

Resources to be invested: *Federal Matching Funds: Total:

Each Year $35,000 $11,666 $46,666

*Continued funding will be contingent upon the availability of funds.

Funding method: Competitive.

This project will follow the federal fiscal year calendar.

Grantee: To be determined by competitive review.

109

FEDERAL LEGISLATIVE ADVOCACY PARTNERSHIP (FLAP) 42 USC 15025 (c)(5)(J) Informing Policymakers The Council may support and conduct activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations. The Council may provide information directly to Federal, State, and local policymakers, including Congress, the Federal executive branch, the Governors, State legislatures, and State agencies, in order to increase the ability of such policymakers to offer opportunities to enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families.

Goal: Provide a broad range of leadership development opportunities for people with developmental disabilities, their family members and allies. Offer a variety of opportunities to develop the skills needed to become leaders in the disability movement.

Objective and impact of project: To provide specific training and support to members of the Ohio Developmental Disabilities Council, members of the Ohio Statewide Independent Living Council, and representatives of Ohioâ&#x20AC;&#x2122;s County Boards of Developmental Disabilities to engage in advocacy at the federal level of government.

Background, rationale, and scope of project: This project will coordinate a team of Ohioans with disabilities, family members, and professionals from collaborating organizations to travel to Washington DC to receive briefings on federal policy impacts on Ohio 110

specifically and to meet with Congressional offices to report on Ohiospecific data. Individuals representing the Ohio Developmental Disabilities Council, the Independent Living Centers and County Boards of Developmental Disabilities will participate in a one-day session of briefings and will meet with their Congressional offices as a team.

This project will provide support for meeting-related expenses for all attendees. Meeting related expenses are to include cost of meeting space, equipment rental, and other costs associated with conducting training sessions.

Key activities: Council members and others will participate in a one-day briefing session on current federal policy issues as they relate to services and supports for individuals with developmental disabilities in Ohio. Particular focus should include recruiting participants from diverse ethnic and racial backgrounds.

Sessions will provide participants with information needed to help educate policymakers about Ohio-specific disability-related issues.

Council members and others will meet with members of Congress and their staff to engage in active advocacy on behalf of individuals with developmental disabilities and their families.

Outputs: IFA 1.1: The number of people with developmental disabilities who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect their lives, the lives of others, and/or systems: 10 IFA 1.2: The number of family members who participated in Council supported activities designed to increase their knowledge of how to take part in decisions that affect the family, the lives of others, and/or systems: 5 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

111

Short term outcomes: Individuals with disabilities, family members and professionals will participate in an event program where they will receive training or updates on current services.

People with disabilities, family members and professionals will be engaged in active advocacy by meeting with federal level policymakers.

Long term outcomes: Individuals with disabilities, family members and professionals will establish and maintain ongoing dialogue with federal policymakers on programs and services that impact individuals with developmental disabilities.

Resources to be invested: 2023 *Federal: $16,000 Matching Funds: $5,333 Total: $21,333

2025 $16,000 $5,333 $21,333

*Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: To be determined.

112

GENERAL ASSEMBLY BRIEFING SESSIONS 42 USC 15025 (c)(5)(J) Informing Policymakers The Council may support and conduct activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations. The Council may provide information directly to Federal, State, and local policymakers, including Congress, the Federal executive branch, the Governors, State legislatures, and State agencies, in order to increase the ability of such policymakers to offer opportunities to enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families.

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: By the end of each General Assembly, state legislators and their staff will be better informed about the structure and the services and supports of the developmental disabilities system in Ohio, including how federal, state, and local public policies may impact individuals with developmental disabilities, their family members, and professionals in the field of developmental disabilities.

Background, rationale, and scope of project: In 1992, Ohioans adopted a state constitutional amendment implementing term limits for members of the Ohio General Assembly. State representatives are limited to four consecutive terms lasting two years and state senators are limited to two consecutive terms lasting four years.

113

Since the implementation of term limits, the Ohio House of Representatives and the Ohio Senate have experienced massive changes in the institutional knowledge that many governing bodies value. In the next four years, roughly 1/3 of the Ohio House of Representatives and ½ of the Ohio Senate will be subject to term limits. This number does not take into account any new members of either chamber that are seated due to an electoral victory. A review of legislative staff for the House of Representatives reveals a staff turnover rate of roughly 85 percent over the last four years.

For advocates with disabilities, family members and professionals in the field of developmental disabilities, engaging with policymakers and staff can present problems when the policymaker or staff is unfamiliar with the history and issues that people with developmental disabilities face. Ohio’s system of services and supports is uniquely complex when considering the state’s county-board model, property tax levies, Medicaid financing, Home and Community-Based Waivers, waiting lists, employment initiatives, special education initiatives, guardianship and trust options, and many other programs intended to enhance and improve the lives of individuals with developmental disabilities and their families. The challenge of communicating barriers and needs by an individual with a disability can complicated due to the complex nature of the service delivery system in Ohio.

This project will provide regular trainings to legislators and staff to help bring their knowledge of the service system for people with disabilities to improve their understanding of the policy changes that are sought by individuals with disabilities, parents and family members, and professionals in the field of developmental disabilities.

Key activities: This project will coordinate legislative briefing sessions for members of the Ohio General Assembly and their staff. The project, with help from the Ohio Developmental Disabilities Council, will develop a curriculum that aides policymakers and their staff to better understand how the developmental disabilities system works in Ohio. The project will be responsible for: • Scheduling, with help from the DD Council, briefing sessions that are attended by legislative staff and state representatives and state senators.

114

• •

• •

Coordinating invitations and tracking attendance at each briefing session.

Coordinating with speakers for each briefing, to include arranging materials, A/V equipment, or other presentation needs, waste removal, etc.

Providing staff support for each briefing.

Obtaining feedback or evaluations.

Each year, the project, in coordination with the DD Council, will develop a curriculum that includes which topics and target dates for briefings.

Outputs: SC 1.5.1: The number of Council supported systems change activities with organizations actively involved.

SC 2.1: The number of Council efforts that led to the improvement of best or promising practices, policies, procedures, statute or regulation changes. *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: Members of the Ohio General Assembly and their staff will participate in briefing sessions that increase their understanding of the local, state and federal programs that affect individuals with disabilities. In the first two-year session, no less than eight briefing sessions will be held to improve policymaker understanding on issues such as Medicaid, Home and Community Based Service Waivers, Direct Support Professional Workforce Issues, and accessible, affordable, available housing, healthcare, transportation and employment.

Long term outcomes: By 2026, a core group of representatives and senators will continue to participate in a caucus of like-minded policymakers dedicated to improving

115

disability-related programs and services for individuals with developmental and other disabilities.

Resources to be invested: *Federal: Matching Funds: Total:

$35,000 $11,666 $46,666

*All awards are subject to the availability of federal funds.

Funding method: Competitive Grantee: To be determined.

116

PUBLIC POLICY RESEARCH GRANTS 42 USC 15025 (c)(5)(J) Informing Policymakers The Council may support and conduct activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations. The Council may provide information directly to Federal, State, and local policymakers, including Congress, the Federal executive branch, the Governors, State legislatures, and State agencies, in order to increase the ability of such policymakers to offer opportunities to enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families.

Goal: People with disabilities and their families will have increased access to services and technology that promote leadership, accessibility, safety, independence, outreach, equality, inclusion, health, work opportunities, and community.

Objective and impact of project: To provide Council, advocates and policymakers with clear and concise data and findings related to needed systems change and capacity building in Ohio by conducting research studies and analyses.

Background, rationale, and scope of project: The Data and Policy Research Grant is established to support the collection and analysis of data that will provide Council, advocates and policymakers with objective research and findings that promote systemic change and capacity building to improve services and supports for people with developmental disabilities and their families.

Issue items for each study conducted under this grant, including parameters and scope, will be identified by Council Issue Committees and 117

communicated to the grantee by Council’s Public Policy Committee.

Studies and analyses sought by Council may include, but not be limited to, Employment, Housing, Waivers, Transportation, Education, Higher Education, Health, and Community Supports.

Key activities: Research conducted under this grant may consist of the following: • Collecting and aggregating data at local, state and national levels, • Providing comparative analyses of Ohio and other states’ services and supports, • Identifying outcomes associated with new or different models of services and/or supports, and • Analyzing impacts.

Each completed study will be embargoed by Council to be supported by public awareness and advocacy efforts of Council and the grantee in mutual agreement. Completed studies will be utilized by Council to inform advocates about appropriate public policy changes that support improved outcomes for people with developmental disabilities and their families.

Outputs: SC 2.2: The # of Council efforts that were implemented to transform fragmented approaches into a coordinated and effective system that assures individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promotes self-determination, independence, productivity, and integration and inclusion in all facets of community life: 1 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: This project will develop a report each project year that will increase knowledge and understanding of a specific topic related to the needs and 118

desires of people with developmental disabilities and their family members and other stakeholders in the developmental disabilities field.

Long term outcomes: Through the culmination of multiple research reports developed over time, the Ohio Developmental Disabilities Council will be considered the source of reliable and objective data related to systems change and capacity building activities for advocates and policymakers.

Resources to be invested: 2023 *Federal $100,000 Matching Funds: $33,333 Total: $133,333

2025 $100,000 $ 33,000 $133,000

*Continued funding will be contingent upon the availability of funds.

Funding method: Competitive Grantee: To Be Determined.

119

VALUE of PWD (Vocational Apprenticeship / Legislature Utilizing Employment of People with Disabilities) 42 USC 15002 Definitions (27) Self-determination Activities - The term “self-determination activities” means activities that result in individuals with developmental disabilities, with appropriate assistance, having – …(E) support, including financial support, to participate in coalitions, to educate policymakers, and to play a role in the development of public policies that affect individuals with 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.

42 USC 15025 (c)(5)(G) Coordination with related councils, committees, and programs The Council may support and conduct activities to enhance coordination of services with – (i) other councils, entities, or committees, authorized by Federal or State law, concerning individuals with disabilities (such as the State interagency coordinating council established under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), the State Rehabilitation Council and the Statewide Independent Living Council established under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the State mental health planning council established under subtitle B of title XIX of the Public Health Service Act [42 U.S.C. 300x et seq.], and the activities authorized under section 3003 or 3004 of title 29, and entities carrying out other similar councils, entities, or committees;

120

Goal: Provide a broad range of leadership development opportunities for people with developmental disabilities, their family members and allies. Offer a variety of opportunities to develop the skills needed to become leaders in the disability movement.

Objective and impact of project: This project has a stated objective of gaining full/part-time employment opportunities or internships for individuals with disabilities into the legislative branch of government.

Background, rationale, and scope of project: The Opportunities for Ohioans with Disabilities (OOD) Agency, the stateâ&#x20AC;&#x2122;s Vocational Rehabilitation Program, currently operates the Vocational Apprenticeship Program to gain employment of people with disabilities into executive branch government employment. The agency has successfully placed individuals with disabilities in employment and internships, however, the focus of the program has been limited to placement into cabinet agencies.

The Council seeks to expand the scope of this existing program to gain employment and internship opportunities for individuals with disabilities in the Ohio House of Representatives, the Ohio Senate, the Legislative Service Commission, the House Clerkâ&#x20AC;&#x2122;s Office, the Senate Clerkâ&#x20AC;&#x2122;s Office, or other agencies or organizations that serve at the pleasure of the legislative branch of government. In addition, opportunities to be in the employ of legislative bodies at the local level of government (i.e. county commissioners, city councils, township trustees, etc) or at the federal level of government (i.e. US House District Office, US Senate District Offices, etc.) are also encouraged.

This project is intended to supplement, not supplant, the Vocational Apprenticeship Program.

121

Key activities: Funding will provide support to OOD to expand the scope of the Vocational Apprenticeship Program to gain employment of people with disabilities. Key activities may include, but not be limited to, recruiting eligible candidates for employment, job-specific training, arranging placement opportunities with legislative bodies, providing follow-along support to improve opportunities for success, and other activities deemed necessary and appropriate by OOD or the DD Council.

Outputs: SC 1.1: The number of policy and/or procedures created or change: 2 SC 1.3.1: The number of promising practices created: 2 SC 1.3.2: The number of promising practices supported through Council activities: 2 SC 1.3.3: The number of best practices created: 1 *ODDC determines customer satisfaction for Council supported or conducted activities. Grantees will be required to assist ODDC with this process.

Short term outcomes: The number of people with developmental or other disabilities who apply for a job with a legislative body will increase as will education about these opportunities and the job skills needed to succeed in these employment positions.

Long term outcomes: Legislative agencies will employ people with disabilities to a representative scale of the population of Ohioans with disabilities.

122

Resources to be invested: 2022-2026 (each year) *Federal $50,000 Matching Funds: $16,666 Total: $66,666 *Funding will be contingent upon the availability of funds.

Funding method: Noncompetitive Allocation (There is only one solely qualified entity that can carry out the project.)

Grantee: Opportunities for Ohioans with Disabilities Agency

123

Ohio Developmental Disabilities Council State Plan for Developmental Disabilities 2022 – 2026

This is an Executive Summary written in clear language to describe the proposed grant projects for the Ohio Developmental Disabilities Council State Plan for 2022 – 2026. The entire State Plan is found on Council’s website at http://ddc.ohio.gov.

Table of Contents Children and Health Projects .................................................................... 4 Come Together......................................................................................... 5 Empowering Families ............................................................................... 5 Inclusive Recreation ................................................................................. 6 Community Living Projects....................................................................... 7 DSP White Paper in Action....................................................................... 8 Replicate and Expand Transportation Project .......................................... 8 SOAR Ohio Project & Ohio Statewide Independent Living Council ........ 9 Employment Projects .............................................................................. 10 DB101 Videos......................................................................................... 11 Dollars and Sense .................................................................................. 11 Employer Engagement ........................................................................... 12 Employment Resources ......................................................................... 12 Leadership Development Projects ......................................................... 13 Emerging Advocates .............................................................................. 14 Empowering People with Disabilities ...................................................... 14 ODDC and Advocacy ............................................................................. 15 Outreach Projects .................................................................................... 16 Detecting Specific Disorders for Amish and Non-Amish Communities Project .................................................................................................... 17 Empowering Reachout E-Diversity Newsletter ....................................... 17 Human Trafficking and Vulnerable Populations ..................................... 18 Ohioâ&#x20AC;&#x2122;s LGBTQ Community and People with Disabilities ........................ 18 Public Awareness/Communication Projects ......................................... 19 Public Awareness Using Digital Media for People with Developmental Disabilities .............................................................................................. 20 Public Policy Projects.............................................................................. 21 2

DD Awareness & Advocacy Day ............................................................ 22 Federal Legislative Advocacy Partnership (FLAP) ................................. 22 General Assembly Briefing Sessions ..................................................... 23 Public Policy Research Grants ............................................................... 23 Value of PWD (Vocational Apprenticeship/Legislature Utilizing Employment of People with Disabilities) ................................................. 23 Executive Committee ............................................................................... 25 Capacity Building, Advocacy and Systems Change by Council Staff ..... 26 Consumer Satisfaction Survey ............................................................... 26 Executive Committee Discretionary Fund .............................................. 26 External Evaluation of Councilâ&#x20AC;&#x2122;s Projects & Processes .......................... 27 Systems Change and Advocacy by Members/Council Travel ................ 27

3

Children and Health Projects

4

Come Together Family advocacy programs provide critical services to individuals and families throughout Ohio. The Ohio Developmental Disabilities Council will fund a project to organize and support family advocacy organizations throughout the state of Ohio. This project will: • Promote family advocacy organizations to work together.

• Increase ways to ensure family needs are met by the community.

• Encourage families at the local level to advocate for improvements to their services and supports.

Grantee: To be determined

Grant amount: $40,000

Empowering Families During IEP meetings, parents/families find it hard to be speak up because they are overwhelmed. This is due to the power differences between the parents/families and the school. With limited support for over 250,000 students with disabilities in Ohio, the Ohio Developmental Disabilities Council will fund a project to increase and improve: • The support parents/families have during the special education process.

• The knowledge parents/families have about the special education process.

Grantee: To be determined

Grant amount: $65,000

5

Inclusive Recreation People with developmental disabilities experience significant barriers when attempting to access health and wellness activities. Many times, information and services that promote health and wellness are not designed to consider their preferences, needs and disabilities.

The Ohio Developmental Disabilities Council will support a project that will provide information and best practices on how individuals with developmental disabilities can increase their physical activity and improve their health through recreation.

Grantee: To be determined

Grant amount: $24,000

6

Community Living Projects

7

DSP White Paper in Action In Ohio, people with developmental disabilities and their families are impacted by the Direct Support Professional (DSP) crisis. There are significant challenges in finding, keeping and training this workforce. The Ohio Alliance of Direct Support Professionals and the Ohio Department of Developmental Disabilities are working on a “White Paper” that will show DSP data and recommendations for improvement.

The Ohio Developmental Disabilities Council will fund a project to review the “White Paper” once it is completed and determine which recommendations would be most beneficial.

Grantee: To be determined

Grantee amount: $40,000

Replicate and Expand Transportation Project Ohioans with disabilities have difficulty obtaining safe, affordable, and appropriate transportation. In 2012, the Ohio Developmental Disabilities Council funded the Athens on Demand Transit (AODT) project. This project has been successful in offering a transportation option in a rural area of Ohio (Athens County).

To further these efforts, this project will: • Conduct a pilot program, using technology when necessary, that allows AODT to provide rides outside of Athens County.

• Work with interested counties to replicate the project.

Grantee: To be determined

Grant amount: $80,000

8

SOAR Ohio Project & Ohio Statewide Independent Living Council The Social Security application process for SSI/SSDI is very complicated and difficult. This is often a barrier to people with disabilities who want to move out of an institution and into the community. The Coalition on Homelessness and Housing in Ohio has adopted the SOAR* model to make the SSI/SSDI application process easier and more successful. To further these efforts, the Ohio Developmental Disabilities Council will fund the Ohio SOAR project to provide training and technical assistance to 12 Ohio Centers for Independent Living, as well as other providers who support people with disabilities. The goal of the project is to train over 300 providers across the state to improve the SSI/SSDI application process success rate. * SOAR (SSI/SSDI Outreach, Access, and Recovery) Grantee: The Coalition on Homelessness and Housing in Ohio, Inc. Grantee amount: $75,000

9

Employment Projects

10

DB101 Videos The Ohio’s Disability Benefits 101 (OHDB 101) website helps people with disabilities make decisions about going to work. The website has Ohiospecific tools and information on employment and career planning; health coverage options; disability benefits; *asset building; education; housing; and community living. OHDB 101 can be used by job seekers with disabilities, service providers or anyone in the community. The website can be found at https://oh.db101.org/.

Funding from the Ohio Developmental Disabilities Council will: • Make the website more accessible and easier to use for everyone.

• Create video tutorials for OHDB 101. Topics may include: What is SSI; SSI and Work; Ohio’s STABLE Account program; and Medicaid Waivers. * Asset building = collecting something of value Grantee: World Institute on Disabilities

Grant amount: $39,000

Dollars and Sense Financial knowledge lets people make financially responsible decisions.

However, many people with disabilities have never managed a budget, opened a savings or checking account, used a Social Security Work Incentive or built assets. The Ohio Developmental Disabilities Council’s Five-Year State Plan Public Survey showed that understanding benefits and money was a barrier for people to live the life they want to live.

The Council will fund a project that develops and uses a plan so people with disabilities have the financial knowledge and support they need to manage their finances.

Grantee: To be determined

Grant amount: $50,000

11

Employer Engagement Employers do not know how to find, keep and advance employees with disabilities in their workplace. In addition, many service providers do not know how to work with employers to help them support employees with disabilities.

The Employer Engagement grant will help employees with disabilities in the workplace by: • Educating employers, including federal contractors, on inclusion strategies and best practices.

• Connecting employers and disability providers.

• Mentoring college students with disabilities.

Grantee: Disability:IN Ohio

Grant amount: $65,000

Employment Resources The Ohio Developmental Disabilities Council’s Five-Year State Plan Public Survey identified two of the biggest issues for people with disabilities to live the life they want to live. These issues were: • Finding a job or getting a better job or more money.

• Understanding how to get employment services.

The Council will fund several projects to increase the knowledge of and access to employment related resources, technology, and programs for individuals with disabilities, family members and service providers.

Grantees: To be determined

Grant amount: $50,000

12

Leadership Development Projects

13

Emerging Advocates Youth with disabilities need advocacy skills to achieve their goals and independence. It is never too early to start teaching these skills. There are few advocacy education programs for youth with disabilities in Ohio.

The Ohio Developmental Disabilities Council will fund a project to increase and improve the: • Support children and youth with DD receive from families, schools, direct service providers, and other entities to learn advocacy and leadership skills.

• Opportunities children and youth with DD have to use advocacy skills in educational planning and all decision-making.

• Advocacy and leadership skills of children and youth with DD for them to speak on their own behalf.

Grantee: To be determined

Grant amount: $85,000

Empowering People with Disabilities The DD Act requires the Ohio Developmental Disabilities Council to work on these three areas: • Support a state advocacy organization led by individuals with developmental disabilities.

• Support leaders with developmental disabilities to give leadership training to future leaders with developmental disabilities.

• Support and expand individuals with developmental disabilities to participate in cross-disability and culturally diverse leadership.

The Ohio Developmental Disabilities Council will fund several projects that meet the requirements of the DD Act, as well as to: • Empower leaders and advocates.

• Provide leadership opportunities.

14

• Increase advocacy skills so people speak up.

Grantees: To be determined

Grant amount: $70,000

ODDC and Advocacy The Ohio DD Council will: • Ensure Council’s documents and materials are written in plain language.

• Support various advocacy organizations to assist with coordination and collaboration.

• Support others in the community.

(No grantee – this is an ODDC in-house activity)

15

Outreach Projects

16

Detecting Specific Disorders for Amish and Non-Amish Communities Project This project is a collaboration of medical professionals, families, hospitals, and teachers in the Amish area of Northeast, Ohio. The primary focus of the project is to visit, diagnosis, test and treat genetic disorders in the Amish community. This project will: • Support research comparing rare genetic disorders across multiple Amish communities.

• Develop up to 30 new diagnostic tests and provide expanded diagnostic testing to Ohio Amish communities at the lowest cost.

• Expand education and outreach services that includes genetic counseling and support services for Amish families and the medical professionals that care for them.

Grantee: To be determined

Grant amount: $50,000

Empowering Reachout E-Diversity Newsletter The Reach Out e-Diversity Newsletter is a bi-monthly electronic publication of the Ohio Developmental Disabilities Council. The newsletter promotes culturally competent interagency collaboration and coordination to unserved and underserved populations in Ohio.

New features of the newsletter will include: • Diversity, Equity, and Inclusion Tool Kit. • County Spotlight on outreach efforts.

• Articles that will challenge the reader to act on certain topics.

Grantee: To be determined

Grant amount: $30,000

17

Human Trafficking and Vulnerable Populations Human trafficking is a horrific form of abuse that takes away a person’s freedom and dignity. Individuals with developmental disabilities may be more likely to be used by traffickers.

This project will develop a “White Paper” to provide the Ohio Developmental Disabilities Council with information on how people with disabilities, including people of color, are being used or abused by human traffickers and how Council can help stop this negative behavior against people with developmental disabilities.

Grantee: To be determined

Grant amount: $30,000

Ohio’s LGBTQ Community and People with Disabilities Research shows that people in the LGBTQ community face barriers finding employment, housing, healthcare and more. LGBTQ people with disabilities often report that it is challenging to have their identities fully recognized.

This project will explore whether LGBTQ people with disabilities receive necessary services and supports.

The project will develop a “White Paper” to provide: • Information about the challenges faced by people with disabilities, including people of color, in the LGBTQ community.

• Supporting data.

• Recommendations for future projects.

Grantee: To be determined

Grant amount: $30,000

18

Public Awareness/Communication Projects

19

Public Awareness Using Digital Media for People with Developmental Disabilities This grant will provide information to all Ohioans about issues that people with developmental disabilities and their families experience. This grant will spread the word about the activities of the Ohio Developmental Disabilities Councilâ&#x20AC;&#x2122;s projects, other information about Council and other disability agencies.

The grant will use technology to communicate with people. This includes social media (Facebook, Twitter, etc.), Councilâ&#x20AC;&#x2122;s website, email, videos, podcasts and more. This will be used for campaigns about specific issues, outreach to people who are unserved and underserved in Ohio and to find people who would like to be a member of Council.

Grantee: To be determined

Grant amount: $80,000

20

Public Policy Projects

21

DD Awareness & Advocacy Day People with disabilities and their family members are their own best advocates when it comes to educating members of the general public and policymakers. Advancements in public policy are due to advocacy by individuals with disabilities.

The DD Awareness and Advocacy Day grantee will plan and host a day at the Ohio Statehouse for people with disabilities and family members and others. The event will be on the Internet for those who cannot attend in person. Speakers will be invited to talk about different disability issues.

Everyone who comes to the Statehouse and wants to talk with their legislator will have a meeting scheduled for them.

Grantee: To be determined

Grant amount: $35,000

Federal Legislative Advocacy Partnership (FLAP) Members of the Ohio Developmental Disabilities Council and additional representatives from Ohio will receive training and support to engage in advocacy with the federal government. They will participate in a one-day discussion on current federal policy issues.

The grant will schedule meetings and develop talking points for people with disabilities and family members to talk to members of congress.

The grant will plan for an event in the Fall of every year there is not a federal election.

Grantee: To be determined

Grant amount: $16,000

22

General Assembly Briefing Sessions It is difficult to understand Ohioâ&#x20AC;&#x2122;s system of services and supports. It is challenging for advocates with disabilities, family members and professionals to communicate issues and needs. This is often the case when engaging with policymakers and staff that are unfamiliar with the history and issues that people with developmental disabilities face.

This grant will have four trainings each year to help legislators and their staff understand how people with disabilities receive services and how programs work. A person with a disability or a family member will tell their story at each training.

Grantee: To be determined

Grant amount: $35,000

Public Policy Research Grants The Public Policy Research grants will study disability issues and write a report of what is learned about each issue. The topic for each study will be decided by the Ohio Developmental Disabilities Council. The research will promote change to improve services and supports for people with disabilities and their families. This grant will not happen every year.

Grantee: To be determined

Grant amount: $100,000

Value of PWD (Vocational Apprenticeship/Legislature Utilizing Employment of People with Disabilities) The Opportunities for Ohioans with Disabilitiesâ&#x20AC;&#x2122; Apprenticeship Program finds employment and internships for people with disabilities with the executive branch of government. The focus of the program has been limited to placement into cabinet agencies.

The Ohio Developmental Disabilities Council wants to expand the program to include employment and internship opportunities in the Ohio Legislature.

23

The grant will find people with disabilities who have skills or can receive skills training that would allow them to work in the legislature. The grant will also work with the legislature and legislative agencies to find out where people with disabilities might be able to work.

Grantee: Opportunities for Ohioans with Disabilities Grant amount: $50,000

24

Executive Committee

25

Capacity Building, Advocacy and Systems Change by Council Staff The Ohio Developmental Disabilities Council staff advocates and participates in systems change activities that promote improvement to the services and supports received by people with developmental disabilities.

(No grantee – this is a Council in-house activity)

Consumer Satisfaction Survey The Nisonger Center will complete a consumer satisfaction survey to identify and report on progress achieved by the Ohio Developmental Disabilities Council through systemic change activities.

The grantee will: • Work with Council staff to decide which projects will be participating in the Consumer Satisfaction Survey.

• Determine steps in gathering consumer satisfaction from participants.

• Have the consumer satisfaction format available in a wide range of formats.

• Provide final results to Council at the end of the year.

Grantee: Nisonger Center or other Center of Excellence in DD Grant amount: $25,000

Executive Committee Discretionary Fund The Executive Committee Discretionary Fund provides mini grants that support one-time projects related to developmental disabilities. These mini grants, which are not included in the State Plan, will increase public awareness, advocacy and systems change efforts in Ohio. Several mini grants will be funded every year.

26

Grantees: To be determined

Grant amount: $60,000*

*Total annual amount to be distributed in several smaller amounts.

External Evaluation of Council’s Projects & Processes The External Evaluation process will examine the progress of the Ohio Developmental Disabilities Council funded projects.

Key activities of the grant: • • • • •

Determine if goals were achieved and strategies used.

Obstacles to achieving the goals.

Explain how they did it and why.

Define the procedures Council used to monitor progress.

Discuss Council activities that measure and address Council’s progress.

Grantee: To be determined

Grant amount: $20,000

Systems Change and Advocacy by Members/Council Travel This section of the State Plan is for reporting the cost of Council members’ participation in Council meetings, conferences, and related events, all geared toward advocacy and systems change brought by Council members from outside groups.

(No grantee – this is an ODDC in-house activity)

27