A. The Developmental Disabilities Assistance and Bill of Rights Act (PL 106-402)
The legal foundation of Developmental Disabilities Council is the Developmental Disabilities Assistance and Bill of Rights Act (PL 106-402). It is from this statute that all activities are authorized, circumscribed and funded. This section will reference the DD Act and provides you a direct link to the Act.

http://www.acf.hhs.gov/programs/add/DDACT2.htm

The Developmental Disabilities Assistance and Bill of Rights Act of 2000 (PL 106-402) consists of 4 Titles. Title I of the Act is Programs for Individuals with Developmental Disabilities.

Within this Section are five subtitles. Subtitle B is Federal Assistance to State Councils on Developmental Disabilities and is the area of the Act that is referenced throughout this Section.

• Components of PL 106-402: Word | PDF

B. The Authority and Responsibility of Councils

• Making a Difference - Improving the Quality of Life of Individuals with Developmental Disabilities and their families.
  
  PPT | PDF | Flashpaper | Text

C. Compliance

1. Council Appointments -(Coming in 2005)

   Membership appointments vary Council by Council. This section will describe the process of council appointments, including recommendations, representation and samples of legislation/executive orders and letters of appointment.

2. Definition of Developmental Disability
   
   This document is a compilation of developmental disability definitions currently used by States and Territories. Many Executive Directors want to see other State and Territory definitions that vary from the Federal definition of developmental disability and this chart provides you access to the various definitions currently in use. Please note the information in the chart is reflective of definitions used by States and Territories as identified and is not specific to Council definitions. The information was obtained through the TA contract and supplied by identified states.

     Word Document   |   PDF Document   |   FlashPaper Document

3. Membership Rotation
   

   Governors of each State and Territory are required to make appropriate provisions to rotate the membership of the council. This section will provide you a global overview of the requirements within PL 106-402 and give you access to rotation policies and/or by-laws utilized by Councils.

   Council Term Rotation Information

   Word Document | Text

4. Conflict of Interest
   
   PL 106-402 provides direct communication regarding conflict of interest. Council members must avoid the appearance of a conflict of interest and should never use the council a platform for personal gain. This section will provide you samples of conflict of interest policies currently used by Councils and access to training curriculum on the topic of ethics and conflict of interest, real and perceived.
   
   Sample Conflict of Interest Policies (SD & TX)
   
    Word Doc  |  PDF Doc  |  FlashPaper Doc | Text
   
   
   
5. What is MTARS?
   

   The Monitoring Technical Assistance Review System (MTARS) is the tool the Administration on Developmental Disabilities uses to determine if Councils are in compliance with the DD Act.

   Section 103.Records and Audits

   Administration for Children & Families: Administration on Developmental Disabilities
   

D. Council State Plan

• Planning and Evaluation - The Role of Governance - This presentation provides an overview of the duty of care, management and governance areas.

PowerPoint Doc | FlashPaper Doc | Text

• State Plan Development -
  
  
• State Plan Public Input -

  The DD Act requires public input and review. This section will highlight the requirements and provide suggestions and examples of public input and review.

  Section 124 (d) Public Input and Review
  
  Administration for Children & Families: Administration on Developmental Disabilities

• State Plan Assurances -
  

  All DD Council 5-year plans must contain or be supported by assurances located within Section 124 of PL 106-402. Assurance formats are provided for your use.

  Section 124 (5) Assurances

  Administration for Children & Families: Administration on Developmental Disabilities

 

E. Program Performance Measures

• How do we determine our effectiveness?
  
  
  • Developmental Disabilities Self Assessment "Does Your Council Make the Grade?"
    
    
  • Values, Principles, Quality Indicators and Probe Questions for Self-Assessment
    
    Word Document  |  PDF Document  |  Text Document

F. Consumer Satisfaction

Annually, Councils must submit a Program Performance Report that includes information on Consumer Satisfaction with Council supported or conducted activities. This section will provide information on initiatives of Consumer Satisfaction.

Sec.125.(7)(E)(ii)