Collapse to view only § 15100. Projects of national significance
- § 15091. Findings, purposes, and policy
- § 15092. Definitions and special rule
- § 15093. Grants to States
- § 15094. Application
- § 15095. Designation of the lead entity
- § 15096. Authorized activities
- § 15097. Reporting
- § 15098. Technical assistance
- § 15099. Evaluation
- § 15100. Projects of national significance
- § 15101. Authorization of appropriations
§ 15091. Findings, purposes, and policy
(a) FindingsCongress makes the following findings:
(1) It is in the best interest of our Nation to preserve, strengthen, and maintain the family.
(2) Families of children with disabilities provide support, care, and training to their children that can save States millions of dollars. Without the efforts of family caregivers, many persons with disabilities would receive care through State-supported out-of-home placements.
(3) Most families of children with disabilities, especially families in unserved and underserved populations, do not have access to family-centered and family-directed services to support such families in their efforts to care for such children at home.
(4) Medical advances and improved health care have increased the life span of many people with disabilities, and the combination of the longer life spans and the aging of family caregivers places a continually increasing demand on the finite service delivery systems of the States.
(5) In 1996, 49 States provided family support initiatives in response to the needs of families of children with disabilities. Such initiatives included the provision of cash subsidies, respite care, and other forms of support. There is a need in each State, however, to strengthen, expand, and coordinate the activities of a system of family support services for families of children with disabilities that is easily accessible, avoids duplication, uses resources efficiently, and prevents gaps in services to families in all areas of the State.
(6) The goals of the Nation properly include the goal of providing to families of children with disabilities the family support services necessary—
(A) to support the family;
(B) to enable families of children with disabilities to nurture and enjoy their children at home;
(C) to enable families of children with disabilities to make informed choices and decisions regarding the nature of supports, resources, services, and other assistance made available to such families; and
(D) to support family caregivers of adults with disabilities.
(b) PurposesThe purposes of this subchapter are—
(1) to promote and strengthen the implementation of comprehensive State systems of family support services, for families with children with disabilities, that are family-centered and family-directed, and that provide families with the greatest possible decisionmaking authority and control regarding the nature and use of services and support;
(2) to promote leadership by families in planning, policy development, implementation, and evaluation of family support services for families of children with disabilities;
(3) to promote and develop interagency coordination and collaboration between agencies responsible for providing the services; and
(4) to increase the availability of, funding for, access to, and provision of family support services for families of children with disabilities.
(c) Policy
(Pub. L. 106–402, title II, § 202, Oct. 30, 2000, 114 Stat. 1728.)
§ 15092. Definitions and special rule
(a) Definitions
In this subchapter:
(1) Child with a disability
The term “child with a disability” means an individual who—
(A) has a significant physical or mental impairment, as defined pursuant to State policy to the extent that such policy is established without regard to type of disability; or
(B) is an infant or a young child from birth through age 8 and has a substantial developmental delay or specific congenital or acquired condition that presents a high probability of resulting in a disability if services are not provided to the infant or child.
(2) Family
(A) In general
(B) Exclusion of employees
(3) Family support for families of children with disabilities
The term “family support for families of children with disabilities” means supports, resources, services, and other assistance provided to families of children with disabilities pursuant to State policy that are designed to—
(A) support families in the efforts of such families to raise their children with disabilities in the home;
(B) strengthen the role of the family as primary caregiver for such children;
(C) prevent involuntary out-of-the-home placement of such children and maintain family unity; and
(D) reunite families with children with disabilities who have been placed out of the home, whenever possible.
(4) Secretary
(5) State
(6) Systems change activities
The term “systems change activities” means efforts that result in laws, regulations, policies, practices, or organizational structures—
(A) that are family-centered and family-directed;
(B) that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and
(C) that otherwise accomplish the purposes of this subchapter.
(b) Special rule
References in this subchapter to a child with a disability shall be considered to include references to an individual who is not younger than age 18 who—
(1) has a significant impairment described in subsection (a)(1)(A); and
(2) is residing with and receiving assistance from a family member.
(Pub. L. 106–402, title II, § 203, Oct. 30, 2000, 114 Stat. 1729.)
§ 15093. Grants to States
(a) In general
(b) Award period and grant limitation
(c) Amount of grants
(1) Grants to States
(A) Federal matching share
From amounts appropriated under section 15101(a) of this title, the Secretary shall pay to each State that has an application approved under section 15094 of this title, for each year of the grant period, an amount that is—
(i) equal to not more than 75 percent of the cost of the systems change activities to be carried out by the State; and
(ii) not less than $100,000 and not more than $500,000.
(B) Non-Federal share
(2) Calculation of amounts
The Secretary shall calculate a grant amount described in paragraph (1) on the basis of—
(A) the amounts available for making grants under this section; and
(B) the child population of the State concerned.
(d) Priority for previously participating States
(e) Priorities for distribution
To the extent practicable, the Secretary shall award grants to States under this section in a manner that—
(1) is geographically equitable;
(2) distributes the grants among States that have differing levels of development of statewide systems of family support services for families of children with disabilities; and
(3) distributes the grants among States that attempt to meet the needs of unserved and underserved populations, such as individuals from racial and ethnic minority backgrounds, disadvantaged individuals, individuals with limited English proficiency, and individuals from underserved geographic areas (rural or urban).
(Pub. L. 106–402, title II, § 204, Oct. 30, 2000, 114 Stat. 1730.)
§ 15094. Application
To be eligible to receive a grant under this subchapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including information about the designation of a lead entity, a description of available State resources, and assurances that systems change activities will be family-centered and family-directed.
(Pub. L. 106–402, title II, § 205, Oct. 30, 2000, 114 Stat. 1731.)
§ 15095. Designation of the lead entity
(a) Designation
The Chief Executive Officer of a State that desires to receive a grant under section 15093 of this title, shall designate the office or entity (referred to in this subchapter as the “lead entity”) responsible for—
(1) submitting the application described in section 15094 of this title on behalf of the State;
(2) administering and supervising the use of the amounts made available under the grant;
(3) coordinating efforts related to and supervising the preparation of the application;
(4) coordinating the planning, development, implementation (or expansion and enhancement), and evaluation of a statewide system of family support services for families of children with disabilities among public agencies and between public agencies and private agencies, including coordinating efforts related to entering into interagency agreements;
(5) coordinating efforts related to the participation by families of children with disabilities in activities carried out under a grant made under this subchapter; and
(6) submitting the report described in section 15097 of this title on behalf of the State.
(b) Qualifications
In designating the lead entity, the Chief Executive Officer may designate—
(1) an office of the Chief Executive Officer;
(2) a commission appointed by the Chief Executive Officer;
(3) a public agency;
(4) a council established under Federal or State law; or
(5) another appropriate office, agency, or entity.
(Pub. L. 106–402, title II, § 206, Oct. 30, 2000, 114 Stat. 1731.)
§ 15096. Authorized activities
(a) In general
(b) Special rule
(Pub. L. 106–402, title II, § 207, Oct. 30, 2000, 114 Stat. 1732.)
§ 15097. Reporting
A State that receives a grant under this subchapter shall prepare and submit to the Secretary, at the end of the grant period, a report containing the results of State efforts to develop and implement, or expand and enhance, a statewide system of family support services for families of children with disabilities.
(Pub. L. 106–402, title II, § 208, Oct. 30, 2000, 114 Stat. 1732.)
§ 15098. Technical assistance
(a) In general
(b) Purpose
(c) Reports to the Secretary
(Pub. L. 106–402, title II, § 209, Oct. 30, 2000, 114 Stat. 1732.)
§ 15099. Evaluation
(a) In general
(b) Purpose
(1) In general
(2) Information systems
The Secretary shall work with the States to develop an information system designed to compile and report, from information provided by the States, qualitative and quantitative descriptions of the impact of the program of grants to States authorized by this subchapter on—
(A) families of children with disabilities, including families from unserved and underserved populations;
(B) access to and funding for family support services for families of children with disabilities;
(C) interagency coordination and collaboration between agencies responsible for providing the services; and
(D) the involvement of families of children with disabilities at all levels of the statewide systems.
(c) Report to Congress
(Pub. L. 106–402, title II, § 210, Oct. 30, 2000, 114 Stat. 1733.)
§ 15100. Projects of national significance
(a) Study by the Secretary
(b) Projects of national significance
(Pub. L. 106–402, title II, § 211, Oct. 30, 2000, 114 Stat. 1733.)
§ 15101. Authorization of appropriations
(a) In general
(b) Reservation
(1) In general
The Secretary shall reserve for each fiscal year 10 percent, or $400,000 (whichever is greater), of the amount appropriated pursuant to subsection (a) to carry out—
(A)section 15098 of this title (relating to the provision of technical assistance and information to States); and
(B)section 15099 of this title (relating to the conduct of evaluations).
(2) Special rule
(Pub. L. 106–402, title II, § 212, Oct. 30, 2000, 114 Stat. 1734.)