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The Developmental Disabilities Assistance and Bill of Rights Act in NevadaThe purpose of the Developmental Disabilities Assistance and Bill of Rights Act (DD Act, PL 106-442) is to help individuals with developmental disabilities achieve independence, productivity, integration and inclusion into the community. The Act assures 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. The Act is primarily discretionary in nature and funds programs to improve community and state systems serving individuals with developmental disabilities. It does not require state compliance such as ADA and IDEA. For more than 30 years, the programs of the DD Act have helped build the infrastructure, train the professionals, perform the research, and provide essential services that have vastly improved the lives of people with disabilities and their families. The Act was first passed in 1963 as the Mental Retardation Facilities Construction Act of 1963 (Title I, P.L. 88-164) and reauthorized in 2000 as the Developmental Disabilities Assistance and Bill of Rights Act (PL 106-442). In its original form, the Act provided Federal support for mental retardation research and training centers and direct service facilities for children and adults with mental retardation. Today, its programs enrich the lives of people with developmental and other disabilities across the lifespan.The term ‘‘developmental disability’’ means a severe, chronic disability of an individual that is attributable to a mental or physical impairment or combination of mental and physical impairments; is manifested before the individual attains age 22; is likely to continue indefinitely; results in substantial functional limitations in 3 or more of the following areas of major life activity:Self-care,Receptive and expressive language,Learning,Mobility,Self-direction,Capacity for independent living,Economic self-sufficiency; andreflects 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 (PL 106.402, Section 102 [8]). While specific to DD Act activities and programs, the Act articulates important principles should be considered for all services and programs serving individuals with disabilities. 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, individualized supports, and other forms of assistance.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.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.Services, supports, and other assistance should be provided in a manner that demonstrates respect for individual dignity, personal preferences, and cultural difference.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.Recruitment efforts in disciplines related to developmental disabilities relating to pre-service training, community training, practice, administration, and policymaking must focus on bringing larger numbers of racial and ethnic minorities into the disciplines in order to provide appropriate skills, knowledge, role models, and sufficient personnel to address the growing needs of an increasingly diverse population.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.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 families, communities, and states, and the nation.Efforts undertaken to maintain or expand community based 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.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.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.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 (PL 106.402, section 105c).The Administration on Developmental Disabilities () is responsible for the implementation of the Act. It funds five main programs: State Councils on Developmental Disabilities, Protection and Advocacy Agencies, University Centers for Excellence in Development Disabilities, the Family Support Program and Projects of National Significance.State Councils on Developmental Disabilities The DD Act creates a Developmental Disabilities Council (DD Council) in each state. The DD Councils function to increase the independence, productivity, inclusion, and community integration of people with developmental disabilities. The National Association of Councils?on Developmental Disabilities ()? represents the councils nationally and provides support to the state DD Councils. The Nevada Governor’s Council on Developmental Disabilities serves as Nevada’s DD Council. The 20 member council funds a variety of projects including Partners in Policymaking, People First, the Employment Policy Summit, and Consumer Leadership. In addition, the Council monitors and advocates for legislative activity relevant to Nevadans with developmental disabilities. Nevada Governor's Council?on Developmental Disabilities ?126 Technology Way, Suite 101?Carson City, NV 89706Phone: (775) 687-7715?FAX: (775) 687-7560Sherry Manning, Executive Directorsmanning@dhhs. and Advocacy Programs The Act also funds a Protection and Advocacy (P & A) System in each state. The role of the P & A is to empower, protect, and advocate on behalf of persons with developmental disabilities. P & As enhance the quality of life of people with developmental disabilities by investigating incidents of abuse and neglect and discrimination based on disability. The National Disability Rights Network () is the national association for state P & A systems. The Nevada Disability Advocacy & Law Center (NDALC) serves as Nevada’s P & A and is a private, statewide non-profit organization. NDALC’s mission is to: Protect and advocate for human and legal rights, interests, and welfare of Nevadans with disabilities.Promote, support, and assist Nevadans with disabilities in understanding and controlling those systems and processes, which directly affect their lives.Foster the development, availability, and accessibility of services, which increase the opportunities available to Nevadans with disabilities to live their lives as fully, independently, and productively as possible.Services provided by NDALC include, but are not limited to: information and referral services, education, training, negotiation, mediation, investigation of reported or suspected abuse/neglect, legal counsel, technical assistance, and public policy work. NDALC has offices in Las Vegas, Reno/Sparks, and Elko with services provided statewide. All services are offered at no cost to eligible individuals in accordance with NDALC’s available resources and service priorities.Nevada Disability Advocacy & Law Center 1311 N McCarran, Suite 106?Sparks, NV 89431?Phone: 775-333-7878?Toll-Free: 1-800-992-5715?Nevada Relay: 711?Fax: 775-788-782Jack Mayes, Executive Directorreno@ Centers of Excellence in Developmental Disabilities (UCEDD): UCEDDs work to accomplish a shared vision that foresees a nation in which all Americans, including Americans with disabilities, participate fully in their communities. Independence, productivity and community inclusion are key components of this vision.The DD Act funds 67 Centers at universities in every state and territory. Through their unique make up UCEDDs:Serve a wide audience: people with disabilities, members of their families, state and local government agencies and community providers.Provide a wide variety of projects: provide training, technical assistance, service, research and information sharing.Have played key roles in every major disability initiative over the past four decades.Many issues, such as early intervention, health care, community-based services, inclusive and meaningful education, transition from school to work, employment, housing, assistive technology and transportation have been directly benefited by the services, research and training provided by UCEDDs.This national network of centers is represented by the Association of University Centers on Disabilities (). Nevada’s UCEDD is the Nevada Center for Excellence in Disabilities located in the College of Education at the University of Nevada, Reno. The mission of the NCED is to cooperatively work with consumers, agencies, and programs to assist Nevadans with disabilities of all ages to be independent and productive citizens who are included in their communities. This mission is accomplished by providing interdisciplinary training, offering model exemplary services, conducting interdisciplinary evaluations, disseminating information on developmental disabilities and service options, providing technical assistance, and conducting relevant research and evaluation studies. NCED projects are focused in six areas. Advocacy and Family Support. Currently, the NCED has four projects focused on Advocacy and Family Support: 1) People First (NCED supports 8 local chapters), 2) AmeriCorp VISTA (volunteers with and without disabilities), 3) Partners in Policymaking (collaborative project with Nevada Family TIES) and 4) 360 Family Support (NCED assists the Nevada Parent Encouraging Parent in project evaluation. Assistive Technology and Accessibility. Three NCED projects provide assessment, equipment, training, and technical assistance in assistive technology (AT) and accessibility: 1) the Nevada Assistive Technology Resource Center (equipment loan and AT information), 2) the Assistive Technology Assessment Project (individual AT assessment for employment through Vocational Rehabilitation), and 3) ADA Nevada (technical assistance, site assessment in accessibility and universal design). Education of Children with Disabilities. Four NCED projects focus on education and services for children with disabilities: 1) the University Center for Autism and Neurodevelopment is a multidepartment program that offers interdisciplinary assessment and follow-up for children with Autism; 2) annually, the NCED conducts a statewide survey of parental satisfaction of Nevada Early Intervention Services; 3) NCED provides technical assistance in serving children with disabilities in Early Headstart; and 4) NCED provides statewide support and coordination for the Nevada Department of Education training activities. Employment and Transition. In the spring of 2010, in collaboration with numerous state agencies, service providers, and the Nevada Governor’s Council on Developmental Disabilities, the NCED conducted three regional policy summits on the employment of individuals with disabilities. During 2010-2011, the NCED will be coordinating and facilitating the activities of work groups developed from the summits. Also included in the area of employment and transitions, Think College Nevada is a multiagency collaborative effort to develop post-secondary education experiences for students with intellectual disabilities that emphasize career and job skills. Positive Behavioral Supports. Nevada Positive Behavioral Supports (NvPBS) works with Nevada school districts on the development of building-based school-wide positive behavior support programs. In addition, project personnel also provide training and technical assistance in working with individuals with challenging behavior. Leadership Preparation and Disability Awareness. The NCED offers an 18-credit undergraduate minor in Development Disabilities to students from a variety of majors. In addition, NCED faculty members participate in a range of university and community disability awareness activities. Nevada Center for Excellence in DisabilitiesRaggio Building (WRB) 4090College of Education/MS 285University of Nevada, RenoReno, NV 89557Phone: 775-784-4921 Fax: 775-784-4997Stephen Rock, Directorrock@unr.edu Support The family support program provides grants to States to help them provide practical, low cost supports and services to help families supporting members with severe disabilities to remain intact. Family support programs have proven to be both cost-effective and family-friendly in providing practical assistance to families with children and adults with disabilities. Without the family support programs funded through the DD Act, many people caring for family members with disabilities would be unable to do so. Too often, the efforts of these families are the only thing that stands between their family members being able to live at home in the community or placed out of the home in an inappropriate, and expensive, State-supported institution.In 2009, Nevada PEP received funding to support the Family 360 Support Project to address the needs of children with co-occurring developmental disabilities and behavioral health care needs in Clark County. Children in the target population are either served in one system that is able to address only part of their problem or they are the “unclaimed” children who fall through the cracks and do not get the services that they require. Because of the complexity of their needs, rarely can one system – the developmental disability system, the mental system, the educational system or the juvenile justice system provide the comprehensive services and supports the children and their families require. The 360 Project is collaborative effort with a variety of state agencies and includes the Nevada Center for Excellence in Disabilities. Nevada P.E.P., Inc?2355 Red Rock Street, Ste 106?Las Vegas, NV 89146-3106Phone: (702) 388-8899?FAX: (702) 388-2966Karen Taycher,?Executive Director? of National Significance (PNS)PNS projects are funded to collect necessary longitudinal data, provide technical assistance to State DD Councils, P&As, and UCEDDs, and support unique promising projects likely to substantially contribute to the independence, productivity, and integration and inclusion of persons with developmental disabilities into the community. ??This fact sheet was adapted from the AUCD Developmental Disabilities Assistance and Bill of Rights Act Fact Sheet, September 26, 2006.The full text of the DD Act can be downloaded at: ................
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