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Legislative History and Evolution of the DD Act
Background and Need for the Legislation
The 1970 Amendments
The Developmental Disabilities Services and Facilities Construction Amendments of 1970, P.L. 517, constituted the first congressional effort to
address the needs of a group of people with disabilities designated as developmentally disabled.
Amended the Mental Retardation Facilities and Community Health Centers Construction Act of 1963.
Defined developmentally disability to include people with mental retardation, cerebral palsy, epilepsy, and other neurological conditions closely
related to mental retardation which originate prior to age 18 and constitute a substantial handicap.
Authorized state allotments for planning, services, and construction of facilities for people with developmental disabilities.
Required a State plan that was to designate a State planning and advisory council. The State plan was to describe the quality and extent of
services and to show how funds were to be used to augment, rather that duplicate, services already available.
Authorized grants to help support interdisciplinary training in institutions of higher education to help meet shortages of personnel to
provide services to people with developmental disabilities. These are the university affiliated facilities program.
The 1975 Amendments
The Developmentally Disabled Assistance and Bill of Rights Act, P.L. 94-103, required that protection and advocacy programs be established in
each state as a condition to receive a state grant. The protection and advocacy systems are designed to protect and advocate for the rights of people with developmental
disabilities and to pursue legal, administrative, and other remedies to ensure the protection of rights for such people.
Added the "Rights of the Developmentally Disabled,' which included congressional findings such as the right to appropriate treatment and
services designed to maximize individual potential.
Added the Federal discretionary grant authority for demonstration service projects, public information and for other activities designed to
improve services for people with developmental disabilities.
The definition of developmental disability was expanded to include autism and dyslexia, if such dyslexia resulted from one of the other
disabilities included in the definition.
Defined university affiliated facility to mean a part of a college or university that a has a demonstration service program and provides
education and training, including interdisciplinary training, to people providing services to people with developmental disabilities. Satellite centers were
authorized to extend training and services to unserved areas.
Added a requirement that all people served under authorized programs have in effect a written habilitation plan which states long-term
habilitation goals, intermediate plans, and a plan for service delivery.
The 1978 Amendments
Amended the Act by authorizing a revised definition for the term developmental disability. The definition was modified by deleting all
references to specific disabilities and establishing a definition based on functional limitations.
Four priority service areas were established: case management services, child developmental services, alternative community living arrangement
services, and nonvocational social-developmental services.
The 1984 Amendments
Added a statement of purpose to the Act specifying that programs authorized are to help assure that people with developmental disabilities
achieve their maximum potential through increased independence, productivity, and integration into the community.
Added employment-related activities as one of the priority service areas. Deleted nonvocational social-developmental services as a priority
area. Authorized services to promote and coordinate activities to prevent developmental disabilities.
Membership of the State Planning Council was required to include representatives of the Rehabilitation Act, the Education of the Handicapped Act,
and Title XIX of the Social Security Act. Protection and Advocacy systems, higher education training facilities, and university affiliated facilities and to be
represented on the Council.
Prohibited states from redesignating the agency that administers the protection and advocacy system unless the state determines that good cause
exist.
Protection and Advocacy systems were given access to the records of people with developmental disabilities living in residential facilities if
there are complaints regarding the facility and if the individual does not have a legal guardian or the state is the legal guardian.
The 1987 Amendments
Strengthened Council changing focus from service provision or demonstration to policy change. Supported public policy advocacy as role for
Council, including educating policymakers
Recognized the central role the family and members of the community, including friends and neighbors, can play in enhancing the lives of people
with developmental disabilities
Modified the funding regarding institutional care to affirm that it is in the national interest to offer people with developmental disabilities
the opportunity, to the maximum extent feasible, to make
decisions for themselves and to live in typical homes and communities where they can exercise their full rights and responsibilities as citizens.
Prioritized the conduct of studies and analyses, the gathering of information, development of model policies and procedures, and the presentation
of the information, models, findings, conclusions, and
recommendations to policymakers designed to enhance opportunities for people with developmental disabilities, including the enhancement of a system for providing or making available specialized services or special adaptations of generic services for people with developmental disabilities.
Prioritized the demonstration of new ways of maximizing the independence, productivity, and integration into the community of people with
developmental disabilities.
Redefined "case management." Added a definition for "early intervention," "family support service," and
"assistive technology."
Focused on outcomes instead of services
The 1990 & 1994 Amendments
Strengthened the independence of the Councils and the Protection & Advocacy systems
Broadened the purpose of Projects of National Significance to include supportive living and quality of life opportunities.
Included findings that emphasize respect for individual dignity, personal preferences, and cultural differences in the provision of services,
supports and other assistance, and recognize that individuals with developmental disabilities and their families are the primary decision-makers regarding services,
supports, and other assistance they receive.
Required State Developmental Disabilities Council activities to promote systemic change, capacity building and advocacy
The 2000 Amendments
Clarified and updated the Act's purposes and programs to reflect state-of-the-art, cutting edge policies and approaches and contemporary areas
requiring advocacy, capacity building and systemic change activities.
Increased accountability of programs funded under the Act.
Increased coordination and collaboration within and across programs funded under the Act.
Increased flexibility related to needs and priorities identified by individuals with developmental disabilities, their families, and other
stakeholders.
The Developmental Disabilities Councils were renamed the Councils on Developmental Disabilities and the University Affiliated Programs were
renamed the University Centers for Excellence in Developmental Disabilities Education, Research, and Service.
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