AN OVERVIEW OF THE FEDERAL DISABILITY POLICY FRAMEWORK AND GENERAL QUESTIONS FOR ANALYZING THE EXTENT TO WHICH DISABILITY-SPECIFIC AND GENERIC PROGRAMS AND POLICIES REFLECT THE FEDERAL DISABILITY POLICY FRAMEWORK PREPARED BY: ROBERT SILVERSTEIN, J.D. DIRECTOR, THE CENTER FOR THE STUDY AND ADVANCEMENT OF DISABILITY POLICY January 24, 2000 This paper was funded by a grant from The Joseph P. Kennedy, Jr. Foundation, grants from the National Institute on Disability and Rehabilitation Research of the United States Department of Education supporting the Rehabilitation Research and Training Center on Workforce Investment and Employment Policy for Persons with Disabilities (No. H133B980042) and the Rehabilitation Research and Training Center on State Systems and Employment (No. H133B30067), and a grant from the Robert Wood Johnson Foundation. Additional support for this paper was provided by The Public Welfare Foundation, The Peter L. Buttenwieser Fund of the Tides Foundation, Mr. and Mrs. Justin Dart, Fenmore R. Seton, The American Occupational Therapy Association, Inc., The Bernard L. Schwartz Foundation, Inc., Glaxo Wellcome, Inc., Josiah Macy Jr. Foundation, Kaleidoscope, American Speech-Language-Hearing Association, The Nancy Lurie Marks Family Foundation, The Philanthropic Collaborative, Inc., and The Ada G. Halbreich Revocable Trust. The opinions contained in this paper are those of the author and do not necessarily reflect those of the U.S. Department of Education or the other grantors. This Paper may be reproduced for noncommercial use without prior permission if the author Robert Silverstein and the Center for the Study and Advancement of Disability Policy (CSADP) are cited. ABOUT THE AUTHOR: Robert Silverstein, J.D. Director of The Center for the Study and Advancement of Disability Policy. Mr. Silverstein is known nationally for his work in the area of disability policy. As staff director and chief counsel for the Subcommittee on Disability Policy of the Committee on Labor and Human Resources, U. S. Senate (1987-1997) and counsel to the Subcommittee on Select Education of the Committee on Education and Labor, U.S. House of Representatives (1985-1987), he was a behind-the-scenes architect of more than 20 enacted disability-related bills (including the Americans with Disabilities Act, the early intervention program for infants and toddlers with disabilities and their families and the 1997 Amendments to IDEA) and numerous disability-related amendments to other bills concerning health, education, welfare, job training, and civil rights. Prior to working on Capitol Hill, Mr. Silverstein was co-founder of a law firm that focused on public policy analyses for Federal, State, and local officials and representation of persons with disabilities and their families. He was also the staff director of a congressionally-mandated study of title I of the Elementary and Secondary Education Act at the National Lawyers Committee for Civil Rights Under Law. Mr. Silverstein holds a B.S. in Economics from the Wharton School of Finance and Commerce at the University of Pennsylvania and a J.D. from Georgetown University Law Center. TABLE OF CONTENTS: AN OVERVIEW OF THE FEDERAL DISABILITY POLICY FRAMEWORK AND GENERAL QUESTIONS FOR ANALYZING THE EXTENT TO WHICH DISABILITY-SPECIFIC AND GENERIC PROGRAMS AND POLICIES REFLECT THE FEDERAL DISABILITY POLICY FRAMEWORK INTRODUCTION 1 PART I AN OVERVIEW OF THE DISABILITY POLICY FRAMEWORK INTRODUCTION 3 STATEMENT OF FINDINGS AND HISTORICAL CONTEXT 3 CORE PRECEPT 4 OVERARCHING GOALS 4 CORE POLICIES 4 A. EQUALITY OF OPPORTUNITY 4 1. Individualization 4 2. Genuine, Effective, and Meaningful Opportunity 5 3. Inclusion and Integration 6 B. FULL PARTICIPATION 6 1. Involvement and Choice By the Individual In Decisions Affecting the Individual 7 2. Involvement and Choice By the Individual's Family In Decisions Affecting the Individual 7 3. Involvement by Individuals and Families at the System Level 8 C. INDEPENDENT LIVING 8 1. Independent Living Skills Development and Specialized Planning 8 2. Long-term Services and Supports, Including Personal Assistance Services and Supports 8 3. Cash Assistance and other Forms of Support 9 D. ECONOMIC SELF-SUFFICIENCY 9 1. Systems Providing Employment-related Services and Supports 9 2. Cash Assistance and Other Programs of Assistance 10 3. Tax Policy Providing Incentives 10 METHODS OF ADMINISTRATION 11 A. STATE PLANS, APPLICATIONS, WAIVERS 11 B. MONITORING AND ENFORCEMENT BY GOVERNMENT AGENCIES 11 C. PROCEDURAL SAFEGUARDS 11 D. ACCOUNTABILITY FOR RESULTS (OUTCOME MEASURES) 12 E. REPRESENTATION AT THE INDIVIDUAL AND SYSTEMS LEVELS 12 F. SINGLE LINE OF RESPONSIBILITY/COORDINATION AND LINKAGES AMONG AGENCIES 13 G. SERVICE COORDINATION (CASE MANAGEMENT) 13 H. FINANCING SERVICE DELIVERY 13 I. PRIVACY, CONFIDENTIALITY, ACCESS TO RECORDS, INFORMED CONSENT 13 J. COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT 14 K. RESPONSIVENESS TO CULTURAL DIVERSITY 14 L. FISCAL PROVISIONS 14 M. FINANCIAL MANAGEMENT AND REPORTING 14 PROGRAM SUPPORT 14 A. SYSTEMS CHANGE INITIATIVES 14 B. TRAINING OF INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES 15 C. TRAINING OF PERSONNEL REGARDING PROMISING PRACTICES 15 D. RESEARCH ,TECHNICAL ASSISTANCE, INFORMATION DISSIMINATION 15 PART II GENERAL QUESTIONS FOR ANALYZING THE EXTENT TO WHICH DISABILITY-SPECIFIC AND GENERIC PROGRAMS AND POLICIES REFLECT THE DISABILITY POLICY FRAMEWORK INTRODUCTION 16 QUESTIONS RELATING TO STATEMENT OF FINDINGS AND HISTORICAL CONTEXT 16 QUESTIONS RELATING TO CORE PRECEPT 17 QUESTIONS RELATING TO OVERACHING GOALS 17 QUESTIONS RELATING TO DEFINITION OF DISABILITY 17 QUESTIONS RELATING TO CORE POLICIES 17 A. QUESTIONS RELATING TO EQUALITY OF OPPORTUNITY 17 1. Individualization 17 2. Genuine, Effective, and Meaningful Opportunity 18 3. Inclusion and Integration 19 B. QUESTIONS RELATING TO FULL PARTICIPATION 19 C. QUESTIONS RELATING TO INDEPENDENT LIVING 20 D. QUESTIONS RELATING TO ECONOMIC SELF-SUFFICIENCY 21 QUESTIONS RELATING TO METHODS OF ADMINISTRATION 21 A. QUESTIONS RELATING TO STATE AND LOCAL PLANS, APPLICATIONS, WAIVERS 21 B. QUESTIONS RELATING TO MONITORING AND ENFORCEMENT BY GOVERNMENT AGENCIES 22 C. QUESTIONS RELATING TO PROCEDURAL SAFEGUARDS FOR INDIVIDUALS, THEIR FAMILIES AND REPRESENTATIVES 22 D. QUESTIONS RELATING TO ACCOUNTABILITY FOR RESULTS (OUTCOME MEASURES) 23 E. QUESTIONS RELATING TO REPRESENTATION AT THE INDIVIDUAL AND SYTEMS LEVEL 23 F. QUESTIONS RELATING TO SINGLE LINE OF RESPONSIBILITY/COORDINATION AND LINKAGES AMONG AGENCIES 23 G. QUESTIONS RELATING TO SERVICE COORDINATION (CASE MANAGEMENT) 24 H. QUESTIONS RELATING TO FINANCING SERVICE DELIVERY 24 I. QUESTION RELATING TO PRIVACY, CONFIDENTIALITY, ACCESS TO RECORDS, INFORMED CONSENT 24 J. QUESTIONS RELATING TO COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT 24 K. QUESTIONS RELATING TO RESPONSIVENESS TO CULTURAL DIVERSITY 25 L. QUESTIONS RELATING TO FISCAL PROVISIONS 25 M. QUESTIONS RELATING TO FINANCIAL MANAGEMENT AND REPORTING 25 QUESTIONS RELATING TO PROGRAM SUPPORT 25 AN OVERVIEW OF THE FEDERAL DISABILITY POLICY FRAMEWORK AND GENERAL QUESTIONS FOR ANALYZING THE EXTENT TO WHICH DISABILITY-SPECIFIC AND GENERIC PROGRAMS AND POLICIES REFLECT THE FEDERAL DISABILITY POLICY FRAMEWORK INTRODUCTION Society has historically imposed barriers-attitudinal barriers (such as fear, ignorance, prejudice, and stereotypes), physical barriers (such as architecture, transportation, and communication), and institutional barriers (such as policies, practices, and procedures), that subject persons with disabilities to lives of unjust dependency, segregation, exclusion, and paternalistic treatment.1 Sometimes these barriers are intentional; they are the result of deep-seated prejudice. More often, however, they are the result of thoughtlessness, indifference, and lack of understanding.2 In addition, our Nation's public policy is too often based on the "old paradigm" under which people with disabilities are perceived as "defective" and in need of "fixing." 3 Recognizing these barriers over the last quarter of a century, our Nation's policymakers have enacted new laws and amended existing laws designed to break down these barriers and replace them with ramps of opportunity for persons with disabilities.4 The centerpiece of this effort is the Americans with Disabilities Act of 1990 (ADA).5 The signing of the ADA on July 26, 1990 gave our country an omnibus civil rights statute, often referred to by Senator Tom Harkin (D. Iowa), chief sponsor of the ADA, as the "20th century emancipation proclamation for people with disabilities".6 The ADA, however, is more than a civil rights statute. From a Federal public policy perspective, the enactment of the ADA reflects a rejection of the "old paradigm" and an endorsement of the "new paradigm" of disability, which is based on a social construct that focuses on the functioning of the person with a disability in an environmental context. In other words, disability is a product of the interaction between characteristics of the individual (e.g., conditions or impairments, functional status, or personal or social qualities) and characteristics of the natural, built, cultural, and social environments.7 The ADA also articulates our Nation's goals regarding public policy relating to people with disabilities as: * Equality of opportunity * Full participation * Independent living * Economic self-sufficiency.8 The purpose of this overview9 is twofold. The first purpose is to describe the basic conceptual framework of Federal legislation affecting persons with disabilities and their families (the Federal disability policy framework). This framework consists of Federal civil rights statutes and disability-specific legislation that reflect our Nation's public policy goals relating to people with disabilities. The second purpose of this overview is to articulate general questions for analyzing the extent to which disability-specific and generic programs10 and policies reflect the Federal disability policy framework. In other words, the Federal disability policy framework described in this overview serves as a lens, guidepost, or benchmark for evaluating, expanding, and improving the design and implementation of public policies affecting persons with disabilities.11 This overview is targeted at five audiences. First, this document provides Federal, State, and local policymakers with a conceptual framework for designing, implementing, and assessing the extent to which disability-specific and generic programs and policies reflect the Federal disability policy framework. Second, this document provides individuals with disabilities and their families and representatives with a tool that can be used as a checklist to assess the adequacy of disability-specific and generic programs and policies at the Federal, State, and local levels from a disability policy perspective. Third, this document provides a tool for service providers to design, implement, and evaluate programs that include persons with disabilities. Fourth, this document provides researchers with a policy framework for studying the extent to which disability-specific and generic programs and policies reflect the Federal disability policy framework. Fifth, this document is a resource for university professors teaching a course that includes disability policy. This document has two parts. Part I provides an overview of the major components of the Federal disability policy framework (e.g., Federal statutes, regulations, and guidelines). Using the framework set out in Part I, Part II of the document includes a series of general questions for analyzing the extent to which disability-specific and generic programs and policies reflect the Federal disability policy framework. PART I AN OVERVIEW OF THE DISABILITY POLICY FRAMEWORK INTRODUCTION Part I provides an overview of the major components of the Federal disability policy framework, including: * Statement of Findings, Historical Context * Core Precept * Overarching Goals * Core Policies * Methods of Administration * Program Support STATEMENT OF FINDINGS AND HISTORICAL CONTEXT Every major piece of disability-specific legislation enacted into law since 1975 includes a "Statement of Findings." The "Findings" section is critical because it generally describes the historical context of the legislation including, for example, the historical treatment of persons with disabilities, the nature of the problem addressed by the legislation, why the issue is important and why change is needed, and the role of the Federal government.12 CORE PRECEPT Disability is a natural and normal part of the human experience that in no way diminishes a person's right to participate fully in all aspects of life, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual.13 OVERARCHING GOALS According to the Americans with Disabilities Act, the Nation's proper goals regarding individuals with disabilities are to assure: * Equality of opportunity * Full participation (empowerment) * Independent living and * Economic self-sufficiency.14 CORE POLICIES A. EQUALITY OF OPPORTUNITY The goal of equality of opportunity (nondiscrimination) articulated in the ADA includes three core components: individualization; genuine, effective and meaningful opportunity; and inclusion and integration. 1. Individualization. Make decisions on the basis of the unique strengths, resources, priorities, concerns, abilities, and capabilities of each person with a disability, including individuals with significant disabilities.15 Treat a person with a disability as an individual based on facts and objective evidence; not on the basis of generalizations, stereotypes, fear, ignorance, prejudice, or pernicious mythologies.16 Use definitions and eligibility criteria that result in even-handed treatment of a person with a particular disability and other similarly situated individuals, including nondisabled persons and persons with other disabilities.17 Ensure universal access to generic programs for persons with disabilities satisfying the broad, nondiscriminatory eligibility criteria.18 In making fact-specific decisions, use interdisciplinary assessments performed on a timely basis by qualified personnel conducted across multiple environments and use information provided by the individual with a disability and the person's family or representative.19 Develop individualized plans that identify and describe needs, goals, objectives, services, and accountability measures.20 2. Genuine, Effective, and Meaningful Opportunity. Ensure that opportunities made available to persons with disabilities are genuine, effective, and meaningful.21 This includes: * Providing "appropriate" services and supports that address the unique needs of the individual, not the needs of the "average" person.22 * Making reasonable modifications to policies, practices, and procedures unless it would fundamentally alter the nature of the program.23 * Providing auxiliary aids and services unless it would result in an undue hardship to the covered entity.24 * Providing reasonable accommodations to employees unless it would result in an undue hardship to the covered entity.25 * Making programs physically accessible.26 * Providing accessible communications.27 3. Inclusion and Integration. Foster the inclusion and integration of persons with disabilities in programs, projects, and activities provided by covered entities; do not unnecessarily or unjustifiably isolate or segregate them and deny them effective opportunities to interact with nondisabled persons and to participate in mainstream activities. * Administer programs, projects, and activities in the most integrated setting appropriate to the needs of the individual.28 * Provide services in the least restrictive environment (continuum of program options).29 B. FULL PARTICIPATION The second goal of disability policy articulated in the ADA is full participation. This means empowering persons with disabilities, fostering self-determination, real and informed choice, and active participation in decision-making process at the individual and system level (including self-advocacy).30 1. Involvement and Choice By the Individual In Decisions Affecting the Individual.31 Active involvement and real and informed choice of the individual with a disability in decisions directly affecting the individual, including: * Opportunity to receive information about policies that affect the individual * Assessments to be conducted * Planning to be carried out * Services and supports provided (including the right to refuse or terminate services) * Selection of service providers * Measures of progress used. 2. Involvement and Choice By the Individual's Family In Decisions Affecting the Individual.32 Active involvement and real and informed choice of family members (under appropriate circumstances) in decisions affecting the individual with a disability and the family, including: * Opportunity to receive information about policies that affect the individual * Assessments to be conducted * Planning to be carried out * Services and supports provided (including the right to refuse or terminate services) * Selection of service providers * Measures of progress used. 3. Involvement by Individuals and Families at the System Level.33 Active involvement in policy decisions at the system level, including: * Opportunity to comment on agency proposals and have the agency respond to comments * Participation in governing boards/councils that make or recommend policies relating to the program * Joint-sign off between public agency and governing board/council. C. INDEPENDENT LIVING The third goal of disability policy articulated in the ADA is to foster the ability and capabilities of individuals with disabilities to live independently. 1. Independent Living Skills Development and Specialized Planning.34 Support for independent living skill development and specialized planning, including: * Training in individual and systems advocacy * Services related to securing food, clothing, and shelter * Management of personal assistants and other support personal * Use of assistive technology devices 2. Long-term Services and Supports, Including Personal Assistance Services and Supports.35 Support for long-term services and supports, including personal assistance services and supports necessary to enable an individual to live independently in the community, including consumer-directed and agency-directed personal assistance services and supports. 3. Cash Assistance and other Forms of Support. Support for cash assistance and other programs of assistance that enable the individual to live independently in the community include, for example: * Cash assistance36 * Health care37 * Transportation * Housing38 * Food.39 D. ECONOMIC SELF-SUFFICIENCY The fourth goal of disability policy articulated in the ADA is to foster the economic security, stability, and productivity of persons with disabilities consistent with their actual (not perceived) capabilities, strengths, needs, interests, and priorities. 1. Systems Providing Employment-related Services and Supports. Systems providing employment-related skills and supports include, for example: * Education40 * Training41 * Self-employment (entrepeneurship)42 * Ongoing assistance on-the-job.43 2. Cash Assistance and Other Programs of Assistance. Support for cash assistance and other programs providing assistance, including for example: * Cash assistance that include worker incentive provisions44 * Health care45 * Housing46 * Food.47 3. Tax Policy Providing Incentives. Tax policy that provides incentives to employers, consistent with business objectives, to hire people with disabilities and that provides deductions and credits for employment-related expenditures enabling an individual with a disability to work include, for example: * Incentives for Employers48 * Incentives for Individuals with Disabilities METHODS OF ADMINISTRATION In addition to including a common core of policies that effectuate the goals of disability policy articulated in the ADA, the Federal legal framework includes a core set of administrative/accountability provisions. These provisions are designed to maximize the likelihood that the rights afforded in the civil rights statutes and the obligations of covered entities under entitlement and grant-in-aid programs are implemented and enforced.49 A. STATE PLANS, APPLICATIONS, WAIVERS State plans and applications describe how the public agency plans to satisfy the applicable requirements, including core policies and methods of administration. Waivers provide exemptions or alternative methods of implementation, including testing the provision of new services.50 B. MONITORING AND ENFORCEMENT BY GOVERNMENT AGENCIES Monitoring and enforcement maximizes the likelihood that recipients and contractors will comply with applicable requirements and implement the program to ensure results for persons with disabilities. This includes preparing monitoring instruments, conducting monitoring reviews, issuing reports, requiring corrective action, and imposing sanctions and securing remedies for individuals.51 C. PROCEDURAL SAFEGUARDS Procedural safeguards for individuals include: * The right to notice of rights52 * The right to examine records53 * The right to file a complaint54 * The use of mediation and other forms of dispute resolution55 * Administrative due process hearings and administrative review56 * Redress through private right of action in court, including remedies and the awarding of attorneys fees to prevailing parties.57 D. ACCOUNTABILITY FOR RESULTS (OUTCOME MEASURES) Accountability for results using standards and performance indicators that reflect the expected outcomes for recipients with disabilities and the use of sanctions for failure to meet expected outcomes58 and rewards for exceeding expectations.59 E. REPRESENTATION AT THE INDIVIDUAL AND SYSTEMS LEVELS Public support for representation and advocacy at the individual and systems level to ensure meaningful involvement and choice. * Systems providing protection and advocacy at the individual and systems level60 * Self-advocacy training61 F. SINGLE LINE OF RESPONSIBILITY/COORDINATION AND LINKAGES AMONG AGENCIES Placing accountability for the administration of a program in a single agency to avoid "buckpassing."62 At the same time, provide mechanisms for interagency coordination and collaboration to ensure that no one "falls between the cracks" and that agencies provide for the effective delivery of services.63 G. SERVICE COORDINATION (CASE MANAGEMENT) Service coordination provided to assist individuals receive necessary services when a comprehensive array of services are required and such services are provided or paid for by multiple agencies.64 H. FINANCING SERVICE DELIVERY Proscribing methods for financing services through the allocation of funds or the establishment of cost reimbursement schemes (including outcome-based reimbursement schemes) that have the effect of denying effective opportunities for persons with the most significant needs.65 I. PRIVACY, CONFIDENTIALITY, ACCESS TO RECORDS, INFORMED CONSENT Protecting privacy, confidentiality, requiring informed consent minimizes the extent of government intrusion.66 Access to records assures that individuals have the necessary information to make informed choices.67 J. COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT Personnel providing services to beneficiaries satisfy qualification standards in order to perform assigned tasks in an effective and efficient manner. Personnel knowledgeable about civil rights statutes as well as promising practices so that they provide state-of-the-art services to persons with disabilities.68 K. RESPONSIVENESS TO CULTURAL DIVERSITY Services provided in a culturally competent manner that is responsive to the beliefs, interpersonal styles, attitudes, language, and behaviors of individuals receiving services and in a manner ensuring maximum participation in the program.69 L. FISCAL PROVISIONS Public agencies use program funds to supplement and not supplant other sources of funding and must maintain their own fiscal effort.70 M. FINANCIAL MANAGEMENT AND REPORTING Grant funds managed in such a way to ensure fiscal control and fund accounting.71 PROGRAM IMPROVEMENT To ensure that civil rights laws are implemented and Federal-supported programs are "state of the art" and "cutting edge" the Federal legal framework often authorizes support programs (e.g., training, research, technical assistance) that foster the goals, policies, and methods of administration included in the legislation. A. SYSTEMS CHANGE INITIATIVES Funding designed to assist public agencies develop and implement comprehensive reforms at the system or institutional level (policies, practices, and procedures).72 B. TRAINING OF INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES Support model approaches for training individuals with disabilities and their families.73 C. TRAINING OF PERSONNEL REGARDING PROMISING PRACTICES Support for personnel preparation and training, including training of specialists, generalists, and leadership.74 D. RESEARCH ,TECHNICAL ASSISTANCE, INFORMATION DISSIMINATION Support research, technical assistance, and information dissemination to ensure that programs are effective, state-of-the-art, and efficient.75 PART II GENERAL QUESTIONS FOR ANALYZING THE EXTENT TO WHICH DISABILITY-SPECIFIC OR GENERIC PROGRAMS OR POLICIES ADDRESS THE NEEDS OF PERSONS WITH DISABILITIES INTRODUCTION Using the Federal disability policy framework described in Part I of the paper, this part includes general questions for analyzing the extent to which disability-specific and generic programs or policies reflect the precept, goals, definitions, and core policies, methods of administration, and program supports set out in Federal disability policy framework. In other words, this part of the paper serves as a lens, guidepost, or benchmark for evaluating, expanding, and improving the design and implementation of public policies affecting persons with disabilities. Answering these questions may entail, among other things, a review of previous studies and reports, reviewing data, conducting analyses of proposed and final policy pronouncements, and conducting surveys of stakeholders. Not all questions articulated in this part are applicable to all programs and policies, e.g., some questions may only be applicable to generic programs serving nondisabled as well as persons with disabilities. QUESTIONS RELATING TO STATEMENT OF FINDINGS AND HISTORICAL CONTEXT * Is the program longstanding, undergoing major reform, or new? If new does it replace an existing program? * How sound was the premise on which the program was based? * Is there a history of exclusion from the program of persons with disabilities or specific categories of persons with disabilities, e.g., a policy, procedure, or accepted practice of disqualifying persons with significant disabilities from receiving services or a policy, procedure or accepted practice by a generic program of automatically referring all persons with disabilities to disability-specific programs? * Is there a history of segregation of persons with disabilities into specific slots or components of the program? * Is there a history of denial of genuine, effective and meaningful services in the program? * Is there a history of ensuring that people with disabilities enjoy choice in assessments, planning, services provided, selection of service providers, and measures of progress? * Is there history of fostering independent living and ensuring self-sufficiency? * What efforts have been made to ascertain the prevalence of persons with disabilities among the prospective pool of eligible recipients of a generic program? * What efforts have been made to ascertain the scope of unmet need? * Is the public agency taking into consideration the historical treatment of persons with disabilities in the development of new policies and procedures and the methods of administration it uses? QUESTIONS RELATING TO CORE PRECEPT * Does the program include a statement articulating the core precept on which it is based? Is the core precept of the program consistent with the precept of disability policy that disability is a natural and normal part of the human experience that in no way diminishes a person's right to fully participate in the program, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual? QUESTIONS RELATING TO OVERACHING GOALS * Do the goals of the program reflect the goals of Federal disability policy articulated in the ADA--equality of opportunity, full participation (empowerment), independent living and economic self-sufficiency for persons with disabilities? QUESTIONS RELATING TO DEFINITION OF DISABILITY * Does the definition of disability reflect the purposes of the particular legislation? * How does the definition of disability relate to definitions used in other programs and under Section 504 and the ADA? QUESTIONS RELATING TO CORE POLICIES A. QUESTIONS RELATING TO EQUALITY OF OPPORTUNITY 1. Individualization. Do the policies and procedures governing eligibility and application for and delivery of services under the program: * Take into accounts the unique strengths, resources, priorities, concerns, abilities, and capabilities of each person with a disability, including individuals with significant disabilities? * Take into account the added dimension of poverty? * Use definitions and eligibility criteria that result in even-handed treatment between a person with a particular disability and other similarly situated individuals, including nondisabled persons and persons with other disabilities? * Ensure universal access to generic programs for persons with disabilities satisfying the broad, nondiscriminatory eligibility criteria? * Treat a person with a disability as an individual based on facts and objective evidence; not on the basis of generalizations, stereotypes, fear, ignorance, or prejudice? * In making fact-specific decisions, use interdisciplinary assessments performed by qualified personnel, conduct timely assessments across multiple environments, and use information provided by the individual with a disability and the person's family or representative? * Use individualized plans to identify and describe needs, goals, objectives, services, and accountability measures? 2. Genuine, Effective, and Meaningful Opportunity. Do the policies and procedures governing eligibility and application for and delivery of services under the program offer opportunities that are genuine, effective, and meaningful? This includes: * Providing "appropriate" services and supports designed to meet the unique needs of the individual, not the needs of the "average" person. * Making reasonable modifications to policies, practices, and procedures unless it would fundamentally alter the nature of the program. * Providing auxiliary aids and services unless it would result in an undue hardship to the covered entity. * Providing reasonable accommodations to employees unless it would result in an undue hardship to the covered entity. * Making a program physically accessible. * Providing for communication accessibility. 3. Inclusion and Integration. * Do the policies and procedures governing eligibility and application for and delivery of services under the program foster the inclusion and integration of persons with disabilities or do the policies and procedures unnecessarily or unjustifiably isolate or segregate persons with disabilities? B. QUESTIONS RELATING TO FULL PARTICIPATION * Do the policies and procedures governing the program foster the empowerment of persons with disabilities, real and informed choice, and active participation in decision-making process at the individual and system level (including self-advocacy)? More specifically, do the policies and procedures governing the program foster: * Active involvement and real and informed choice of the individual with a disability in areas including: * Opportunity to receive information about policies that affect the individual. * Assessments. * Planning. * Services provided. * Selection of service providers. * Measures of progress. * Active involvement and real and informed choice of family members and other representatives (under appropriate circumstances) in decisions affecting the individual with a disability and the family, including: * Opportunity to receive information about policies that affect the individual. * Assessments. * Planning. * Services provided. * Selection of service providers. * Measures of progress. * Active involvement in policy decisions at the system level (respecting the design, implementation and evaluation of a program), including: * Consideration of input from consumers. * Participation on governing boards and councils. * Joint sign-off on policies by governing board/council. C. QUESTIONS RELATING TO INDEPENDENT LIVING * Do the policies and procedures governing the program foster the ability and capabilities of individuals with disabilities to live independently through support for independent living skill development, including: * Training in individual and systems advocacy. * Service related to securing food, clothing, and shelter. * Training the management of personal assistants and the use of assistive technology. * Specialized planning for transitioning to independent living. * Do the policies and procedures governing the program enable the person with a disability to live independently through the provision of long-term services and supports, e.g., consumer-directed personal assistance services and supports and assistive technology devices and services? * Do the policies governing the program enable the person with a disability to live independently in the community through cash assistance or other forms of assistance? D. QUESTIONS RELATING TO ECONOMIC SELF-SUFFICIENCY Do the policies and procedures governing the program foster the economic security, stability, and productivity of persons with disabilities consistent with their actual (not perceived) capabilities, strengths, needs, interests, and priorities through support for: * Systems that include universal access to generic services as well as access to specialized services and supports as an integral component of the system. * Training, education, and employment of choice (including self-employment). * Ongoing supports on-the-job. * Specialized planning (e.g., transition planning for children in high school). * Cash assistance programs that reflect the goal of maximizing economic self-sufficiency, including policies that provide incentives to work e.g., waive or modify income and resource limits, and retain eligibility for acute and long-term services and supports. QUESTIONS RELATING TO METHODS OF ADMINISTRATION A. QUESTIONS RELATING TO STATE AND LOCAL PLANS, APPLICATIONS, WAIVERS * Does the plan/application include specific policies and procedures governing implementation for persons with disabilities? * Do waiver requests have the effect of enhancing or diminishing opportunities for persons with disabilities? For example, is a waiver request designed to test new strategies for delivering services that reflect the goals of disability policy articulated in the ADA? Or is the waiver request based on "perceptions" that individual's with disabilities cannot succeed or participate in the program or assessment generally applicable to nondisabled persons? * Does the plan/application explain how people with disabilities and their representatives were involved in the process of completing the plan/application? * In addition to the inclusion of an assurance of nondiscrimination, does the plan/application include specific policies and procedures relating to implementation of the program consistent with section 504 of the Rehabilitation Act and ADA? B. QUESTIONS RELATING TO MONITORING AND ENFORCEMENT BY GOVERNMENT AGENCIES * What are the respective roles and responsibilities of Federal agencies, State agencies, local agencies for monitoring and enforcement? * Does the monitoring instrument developed by the government agency include specific inquiries related to persons with disabilities? What are they? * Does the government agency use a monitoring instrument for ascertaining compliance with Section 504 of the Rehabilitation Act and the ADA? If so, what is included? * Do on-site monitoring reviews include assessments relating to meeting the needs of persons with disabilities and ensuring nondiscrimination? * What sanctions are available and used? Under what circumstances? * What incentives are available and used? * How are findings of noncompliance used by the agency? Are findings of noncompliance used for purposes of ongoing continuous quality improvement reviews? * What remedies are available? * Is there a complaint resolution procedure that includes complaints involving discrimination on the basis of disability? C. QUESTIONS RELATING TO PROCEDURAL SAFEGUARDS FOR INDIVIDUALS, THEIR FAMILIES AND REPRESENTATIVES Do the policies and procedures governing the program provide for: * Notice of rights? * Examination of records? * The right to file a complaint? * The use of mediation and other forms of dispute resolution? * Administrative due process hearings and administrative review? * Redress through private right of action in court, including remedies and the awarding of attorneys' fees to prevailing parties? D. QUESTIONS RELATING TO ACCOUNTABILITY FOR RESULTS (OUTCOME MEASURES) * Does the agency include outcome measures that address issues of specific relevance to persons with disabilities? * Does the agency disaggregate data so the agency can determine whether its program is meeting the needs of persons with disabilities or persons with specific categories of disabilities as part of a process of continuous improvement? E. QUESTIONS RELATING TO REPRESENTATION AT THE INDIVIDUAL AND SYTEMS LEVEL * Does the public agency provide support for representation and advocacy at the individual and systems level, including support for systems providing protection and advocacy, and self-advocacy training? F. QUESTIONS RELATING TO SINGLE LINE OF RESPONSIBILITY/COORDINATION AND LINKAGES AMONG AGENCIES * Is there a single agency (State or local) responsible for implementation of the program for all beneficiaries, including persons with disabilities? If not how does the agency ensure compliance for persons with disabilities? * Does the agency require the assignment of an individual who will be responsible for ensuring implementation of the program for persons with disabilities, particularly with respect to implementation of the program consistent with Section 504 of the Rehabilitation Act and the ADA? * Has the agency developed policies and procedures for collaboration among agencies to ensure meaningful and effective delivery of necessary services to persons with disabilities, including cost sharing arrangements? G. QUESTIONS RELATING TO SERVICE COORDINATION (CASE MANAGEMENT) * Has the agency developed policies and procedures for service coordination to ensure that individuals with disabilities, particularly those with the most significant disabilities, receive the services they need, particularly where services are provided by multiple agencies? H. QUESTIONS RELAING TO FINANCING SERVICE DELIVERY * Does the system for allocating funds among agencies and service providers facilitate or thwart accomplishment of the goals articulated in the ADA and the policies that effectuate the goals? For example, does the outcome-based reimbursement scheme used to pay service providers recognize and reward those who serve persons with the most significant disabilities who cost more than the average recipient of services (risk adjustment)? * Is the network of service providers adequate to address the needs of persons with disabilities eligible for assistance under the program? * Is the financing system for services e.g. (personal assistance services, assistive technology) consumer-directed? I. QUESTION RELATING TO PRIVACY, CONFIDENTIALITY, ACCESS TO RECORDS, INFORMED CONSENT * Does the agency include specific policies and procedures protecting the rights of persons with disabilities to privacy? Confidentiality? Access to Records? * Does the agency include specific policies and procedures requiring informed consent? J. QUESTIONS RELATING TO COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT * Does the agency include specific training components regarding the implementation of its program (e.g., policy, "promising practices," and resource allocation) for persons with disabilities? * Does the agency include specific training for its personnel regarding implementation of its program consistent with Section 504 of the Rehabilitation Act and the ADA? K. QUESTIONS RELATING TO RESPONSIVENESS TO CULTURAL DIVERSITY * Does the agency include policies and procedures that address the special needs of persons with disabilities from diverse cultural backgrounds? L. QUESTIONS RELATING TO FISCAL PROVISIONS * Do the "supplement, not supplant" and "maintenance of effort" provisions ensure continuation of funding from state and local sources for services provided to persons with disabilities? M. QUESTIONS RELATING TO FINANCIAL MANAGEMENT AND REPORTING * Do the fiscal control and fund accounting procedures enable oversight with respect to the provision of funding for persons with disabilities consistent with legislative intent? QUESTIONS RELATING TO PROGRAM SUPPORT * To the extent an agency supports efforts to improve the quality of services provided through initiatives such as systems change grants, training, research, technical assistance, demonstrations, information dissemination, do these initiatives include specific components or specific initiatives that address the unique needs of persons with disabilities? 1 See e.g., Section 2(a) of the Americans With Disabilities Act (42 U.S.C. 12101(a)). See also Senate Report No. 101-116 at pages 5-20. 2 Senate Report No. 101-116 at pages 5-7. 3 See e.g., National Institute on Disability and Rehabilitation Research, Notice of Final Long-Range Plan for Fiscal Years 1999-2004 at 64 FR 68578 (December 7, 1999). 4 See e.g., The Individuals with Disabilities Education Act (20 U.S.C. 1400 et. seq.) and the Rehabilitation Act (29 U.S.C. 701 et seq.). 5 42 U.S.C. 12101 et seq. 6 136 Cong. Rec. S.9689 (Daily Edition, July 13, 1990). 7 National Institute on Disability and Rehabilitation Research, Notice of Final Long-range Plan for Fiscal Years 1999-2004 (64 FR 68578 (December 7, 1999)). 8 Section 2(a)(8) of the ADA (42 U.S.C. 12101(a)(8)). 9 This overview summarizes the major findings and conclusions included in a paper entitled Federal Disability Policy Framework: Our Nation's Goals for People with Disabilities (1999). 10 Generic programs include persons with and without disabilities among the beneficiaries of assistance. An example of a generic program is the recently enacted Workforce Investment Act which establishes an integrated workforce investment preparation and employment system for all job seekers, including individuals with disabilities. 29 U.S.C. 2801 et seq. 11 Re-Charting the Course-First Report of the Presidential Task Force on Employment of Adults with Disabilities (November 15, 1998) at page 5. 12 See e.g., Section 2(a) of the Americans with Disabilities Act (42 U.S.C. 12101(a)); Section 100(a) of the Rehabilitation Act (29 U.S.C. 720(a)); and Section 601 of the Individuals with Disabilities Education Act (20 U.S.C. 1400(c)). 13 See Section 2(a)(3) of the Rehabilitation Act (29 U.S.C. 701(a)(3)); Section 601(c)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1400(c)(1)); Section 101(a)(2) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000(a)(2)). 14 Section 2(a)(8) of the ADA (42 U.S.C. 12101(a)(8)). 15 See e.g., Section 101(c)(3) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000(c )(3)). 16 Senate Report No. 101-116 at page 7. 17 Two civil rights statutes pertaining to persons with disabilities are of particular relevance. The first is the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and implementing regulations (e.g., 28 CFR 35.130), which prohibits discrimination by employers, state and local agencies, public accommodations and telecommunications. The second law is Section 504 of the Rehabilitation Act (29 U.S.C. 794), which prohibits discrimination by recipients of Federal financial assistance. Pursuant to Executive Order 12250, the Department of Justice is responsible for coordinating the implementation of Section 504 by various Federal agencies, each of which is responsible for issuing it own Section 504 regulation. The Section 504 coordination regulations issued by the Department of Justice are set out in 28 CFR Part 41 (hereinafter referred to as the "Section 504 coordination regulation." In particular see 28 CFR 41.51(b)(1). 18 Id. 19 See e.g., Section 102 of the Rehabilitation Act (29 U.S.C. 722); Section 614(a) of the Individuals With Disabilities Education Act (20 U.S.C. 614(a)). 20 See e.g., Section 102 of the Rehabilitation Act (29 U.S.C. 722); Section 614(c) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(c)). 21 See generally the ADA regulation (28 CFR 35.130); the Section 504 coordination regulation (28 CFR 41.51(b)). 22 See e.g., Section 612(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 11412(a)(1)). 23 See the ADA regulation (28 CFR 35.130(b)(7)) and the Section 504 coordination regulation (28 CFR 41.51(b)). 24 See e.g., the ADA regulation (28 CFR 35.160(b)) and the Section 504 coordination regulation (28 CFR 41.51(b) and 41.51(e)). 25 See the ADA regulation (29 CFR 1630.9) and the Section 504 coordination regulation (28 CFR 41.53). 26 See the ADA regulation (28 CFR 35.149-.151) and the Section 504 coordination regulation (28 CFR 41.53). 27 See the ADA regulation (28 CFR 35.160(b)) and the Section 504 coordination regulation (28 CFR41.51(b) and 41.51(e)). 28 See the ADA regulation (28 CFR 35.130(d)) and the Section 504 coordination regulation (28 CFR 41.51(d)). 29 See the regulation implementing the Individuals with Disabilities Education Act (34 CFR 300.550-.551). 30 See e.g., Section 2(c )(1) of the Rehabilitation Act (29 U.S.C. 701(c )(1)); Section 101 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000). 31 See e.g., Section 102(b) of the Rehabilitation Act (29 U.S.C. 722); Section 614(d) and (f) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d) and (f)); and The Ticket to Work and Self-Sufficiency program (Section 1148 of the Social Security Act as added by P.L. 106-170). 32 Id. See also Part C of the Individuals with Disabilities Education Act (early intervention program for infants and toddlers with disabilities) (20 U.S.C. 1431 et seq.). 33 See e.g., provisions in the Rehabilitation Act pertaining to State Rehabilitation Council (Section 105 of the Rehabilitation Act (20 U.S.C. 725)) and the Statewide Independent Living Council (Section 705 of the Rehabilitation Act (20 U.S.C.795d)). See also The Ticket to Work and Work Incentives Advisory Panel established by Section 101(f)(2) of P.L. 106-170. 34 See e.g., Title VII of the Rehabilitation Act (20 U.S.C. 796 and 796f). 35 See e.g., personal assistance services as an optional benefit under the Medicaid program (42 U.S.C. 1396d) and a benefit authorized under the Medicaid Home and Community-based services waiver (42 U.S.C. 1396n). See also personal assistance services provided to individuals receiving other vocational rehabilitation services under the Rehabilitation Act (Section 103 of the Rehabilitation Act (29 U.S.C. 723)). 36 Title XVI of the Social Security Act authorizes the Supplemental Security Income program, a Federally administered cash assistance program designed to provide a minimum income for, among others, persons who are blind and disabled (42 U.S.C. 1381 et seq.). See also Title II of the Social Security Act authorizes a program of Federal disability insurance benefits for, among others, workers who have contributed to the Social Security trust fund and become disabled or blind before retirement age (42 U.S.C. 401 et seq.). 37 See generally the Medicaid program authorized under Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). 38 See e.g., Section 8 of the Housing Act of 1937 (42 U.S.C. 1437f(o)). 39 The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.). 40 See e.g., Section 103 of the Rehabilitation Act (29 U.S.C. 722); The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). 41 See e.g., Title I of the Rehabilitation Act (29 U.S.C. 720 et seq.). 42 Id. 43 See e.g., authorized expenditures under the Home and Community-based Services waiver program, Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)). 44 Title XVI of the Social Security Act authorizes the Supplemental Security Income program, a Federally administered cash assistance program designed to provide a minimum income for, among others, persons who are blind and disabled (42 U.S.C. 1381 et seq.). Section 1619 of the Social Security Act (42 U.S.C. 1382h) creates incentives for SSI beneficiaries with disabilities to work, including permitting these individuals to retain eligibility for Medicaid (which in some states enables these individuals to continue to receive personal assistance services). See also Section 1905(q) of the Social Security Act (42 U.S.C. 1396d(q)). See also Title II of the Social Security Act, which authorizes a program of Federal disability insurance benefits for, among others, workers who have contributed to the Social Security trust fund and become disabled or blind before retirement age (42 U.S.C. 401 et seq.). See also amendments to the Social Security Act and Medicaid creating new work incentives and expanding health care for workers with disabilities contained in The Ticket to Work and Work Incentives Improvement Act, P.L. 106-170. 45 See generally the Medicaid program authorized under Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). 46 See e.g., Section 8 of the Housing Act of 1937 (42 U.S.C. 1437f(o)). 47 The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.). 48 See e.g., the Disabled Access Tax Credit (26 U.S.C 44); The Targeted Jobs Credit (26 U.S.C. 51). 49 General requirements concerning methods of administration are set out in the ADA regulation (28 CFR 35.130) and the Section 504 coordination regulation (28 CFR 41.51(b)(3)). 50 See e.g., the State plan requirements under the Rehabilitation Act (Section 101 of the Rehabilitation Act (20 U.S.C. 721); and the State (section 612) and local (section 613) application provisions set out in the Individuals with Disabilities Education Act (20 U.S.C. 1412, 1413). See e.g., waiver provisions in Section 1115 of the Social Security Act (42 U.S.C. 1215) and Section 1915( c ) of the Social Security Act (42 U.S.C. 1396n( c )). 51 See e.g., Subpart G of the Section 504 regulations issued by the Department of Health and Human Services (part G of title 45 of the Code of Federal Regulations); See also ADA regulations (28 CFR 35.170-.190). See also Section 616 of the Individuals with Disabilities Education Act (20 U.S.C. 1416). 52 See e.g., the ADA regulation (28 CFR 35.105) and Section 615(b)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(b)(3)). 53 See e.g., Section 615(b)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(b)(1). 54 See e.g., the ADA regulation (28 CFR 35.170-.190), Section 102(d) of the Rehabilitation Act (29 U.S.C. 722(d)) and Section 615(b)(6) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(b)(6)). 55 See e.g., Section 513 of the ADA (42 U.S.C. 12212) and Section 615(e) of the Individuals With Disabilities Education Act (20 U.S.C. 1415(e)). 56 See e.g., Section 615(f) of the Individuals With Disabilities Education Act (20 U.S.C. 1415(f)). 57 See e.g., Section 203 of the ADA (42 U.S.C. 12133), Section 505 of the Rehabilitation Act (29 U.S.C. 795), and Section 615( i ) of the Individuals with Disabilities Education Act (20 U.S.C. 1415( i)). 58 See e.g., Section 106 of the Rehabilitation Act (29 U.S.C. 726) and Section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)). 59 See e.g., Workforce Investment Act and implementing regulations 20 CFR 666.20. 60 For example, protection and advocacy systems are funded under the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041-6043), the Rehabilitation Act (29 U.S.C. 794e), and the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10801-10851). In addition advocacy and individual representation is authorized under title VII of the Rehabilitation Act (29 U.S.C. 796f-4) and parent training and information centers are authorized under the Individuals with Disabilities Education Act (20 U.S.C 14 82). See also state grants to protection advocacy systems for work incentives assistance to disabled beneficiaries set out in Section 1150 of the Social Security Act, as added by P.L. 106-170. 61 For example, self-advocacy training is authorized under title VII of the Rehabilitation Act (29 U.S.C. 796f-4, parent training is authorized under the Individuals with Disabilities Education Act (20 U.S.C. 1482), and is an authorized use under the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq). 62 See e.g., Section 101(a)(2) of the Rehabilitation Act (29 U.S.C. 721(a)(2)) and Section 612(a)(11) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(11)). 63 See e.g., Section 101(a)(11) of the Rehabilitation Act (29 U.S.C 721(a)(11)) and Section 612(a)(120 of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(12). 64 See e.g., the early intervention program under part C of the Individuals With Disabilities Education Act (20 U.S.C. 1435). 65 See e.g., Section 612(a)(5) of the Individuals with Disabilities Education Act (20 U.S.C. 1412 (a)(5)). 66 See e.g., Section 102(c )(3) of the ADA (42 U.S.C. 12112( c )(3)); Sections 617(c ) and 614(a)(1)(c ) of the Individuals with Disabilities Education Act (20 U.S.C. 1417 (c ) and 1414(a)(1)(c )). 67 See e.g., authorization of access to records to protection and advocacy systems under the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042(g)). 68 See e.g., Section 101(a)(7)(A) of the Rehabilitation Act (29 U.S.C. 721(a)(7)(A)) and Section 612(a)(14) and (15) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14) and (15)). 69 See e.g., Section 101 of the Rehabilitation Act where the state must describe outreach procedures to identify and serve individuals with disabilities who are minorities (29 U.S.C. 721). 70 See e.g., Section 612(a)(18) and (19) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(18) and (19)). 71 See e.g. the General Education Provisions Act (20 U.S.C. ). 72 See e.g., The Technology-related Assistance for Individuals with Disabilities Act (29 U.S.C. 2201 et seq., the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.), Subpart 1 of part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451-1456); and the grants developed to establish State infrastructures to support working individuals with disabilities established under Section 203 of P.L. 106-170. 73 See e.g., parent information and training centers (20 U.S.C. 1461-1474), centers for independent living under title VII of the Rehabilitation Act (29 U.S.C. 796f), and Developmental Disabilities Councils, protection and advocacy systems and university affiliated programs under the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.). See also Work Incentives Outreach programs as authorized by Section 1149 of the Social Security Act, as added by P.L. 106-170. 74 See e.g., interdisciplinary training by university affiliated programs under the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6061-6066), Title III of the Rehabilitation Act (29 U.S.C. 770-776, and Subpart 2 of Part D of the Individuals with Disabilities Education Act (20 U.S.C. 1461-1474). 75 See e.g., research funded by the National Institute on Disability and Rehabilitation Research under Title II of the Rehabilitation Act (29 U.S.C. 760-765) and under part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451-1474). 1 1