42 USC 15024 - State plan

U.S Code last checked for updates: Nov 22, 2024

§ 15024.

State plan

(a)

In general

(b)

Planning cycle

(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

(2)

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

(i)

medical assistance, maternal and child health care, services for children with special health care needs, children’s mental health services, comprehensive health and mental health services, and institutional care options;

(ii)

job training, job placement, worksite accommodation, 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 operating such other federally assisted State programs, including activities authorized under section 3003 or 3004 of title 29, pursue interagency initiatives to improve and enhance community services, individualized supports, and other forms of assistance for individuals with developmental disabilities;

(C)

an analysis of the extent to which community services 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 communities, 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 disabilities 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 technology, or information about assistive technology, assistive technology services, or rehabilitation technology 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 1396a(a)(30)(C) of this title) of an Intermediate 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 1396n(c) of this title) receive;

(D)

a description of how entities funded under parts C and D, through interagency agreements or other mechanisms, collaborated with the entity funded under this part in the State, each other, and other entities to contribute to the achievement of the purpose of this part; 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 part.

(4)

Plan goals

The plan shall focus on Council efforts to bring about the purpose of this part, 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 individuals 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 section 15004(a)(3) of this title;

(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

(A)

In general

(B)

Use of funds

With respect to the funds paid to the State under section 15022 of this title, 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 part in various political subdivisions of the State;

(iii)

such funds will be used to supplement, and not supplant, the non-Federal funds that would otherwise be made available for the purposes for which the funds paid under section 15022 of this title 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 part for any fiscal year shall be available to pay up to ½ (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 Sta

te 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 purpose of this part; and

(II)

are explicitly authorized by the Council.

(C)

State financial participation

(D)

Conflict of interest

(E)

Urban and rural poverty areas

(F)

Program accessibility standards

(G)

Individualized services

(H)

Human rights

(I)

Minority participation

(J)

Employee protections

(K)

Staff assignments

(L)

Noninterference

(M)

State quality assurance

(N)

Other assurances

(d)

Public input and review, submission, and approval

(1)

Public input and review

(2)

Consultation with the designated State agency

(3)

Plan approval

(Pub. L. 106–402, title I, § 124, Oct. 30, 2000, 114 Stat. 1696; Pub. L. 108–364, § 3(a)(1), Oct. 25, 2004, 118 Stat. 1736.)

cite as: 42 USC 15024