PART 1325—REQUIREMENTS APPLICABLE TO THE DEVELOPMENTAL DISABILITIES PROGRAM Authority: 42 U.S.C. 15001 et seq. Source: 80 FR 44807, July 27, 2015, unless otherwise noted. Redesignated at 81 FR 35645, June 3, 2016. § 1325.1 General. Except as specified in § 1325.4, the requirements in this part are applicable to the following programs and projects: (a) Federal Assistance to State Councils on Developmental Disabilities; (b) Protection and Advocacy for Individuals with Developmental Disabilities; (c) Projects of National Significance; and (d) National Network of University Centers for Excellence in Developmental Disabilities Education, Research, and Service. [80 FR 44807, July 27, 2015, as amended at 81 FR 35647, June 3, 2016] § 1325.2 Purpose of the regulations. These regulations implement the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq. § 1325.3 Definitions. For the purposes of parts 1325 through 1328 of this chapter, the following definitions apply: ACL. Act. et seq. Accessibility. (1) For programs funded under the DD Act of 2000, information shall be provided to applicants and program participants in plain language and in a manner that is accessible and timely to: (i) Individuals with disabilities, including accessible Web sites and the provision of auxiliary aids and services at no cost to the individual; and (ii) Individuals who are limited English proficient through the provision of language services at no cost to the individual, including: (A) Oral interpretation; (B) Written translations; and (C) Taglines in non-English languages indicating the availability of language services. AIDD. Advocacy activities. Areas of emphasis. Assistive technology device. Assistive technology service. Capacity building activities. e.g. Center. Child care-related activities. Culturally competent. Department. Developmental disability. (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (2) Is manifested before the individual attains age 22; (3) Is likely to continue indefinitely; (4) Results in substantial functional limitations in three or more of the following areas of major life activity: (i) Self-care; (ii) Receptive and expressive language; (iii) Learning; (iv) Mobility; (vi) Self-direction; (vii) Capacity for independent living; and (viii) Economic self-sufficiency. (5) Reflects 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. (6) An individual from birth to age nine, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the criteria described in paragraphs (1) through (5) of this definition, if the individual, without services and supports, has a high probability of meeting those criteria later in life. Early intervention activities. Education activities. Employment-related activities. Family support services. Fiscal year. Governor. Health-related activities. Housing-related activities. Inclusion. Individualized supports. Integration. Not-for-profit. Personal assistance services. Prevention activities. Productivity. Protection and Advocacy (P&A) Agency. Quality assurance activities. Rehabilitation technology. Required planning documents. Secretary. Self-determination activities. State. (1) Except as applied to the University Centers of Excellence in Developmental Disabilities Education, Research and Service in section 155 of the Act, includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (2) For the purpose of UCEDDs in section 155 of the Act and part 1388 of this chapter, “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam. State Council on Developmental Disabilities (SCDD). Supported employment services. Systemic change activities. Transportation-related activities. UCEDD. Unserved and underserved. [80 FR 44807, July 27, 2015, as amended at 81 FR 35647, June 3, 2016] § 1325.4 Rights of individuals with developmental disabilities. (a) Section 109 of the Act, Rights of Individuals with Developmental Disabilities (42 U.S.C. 15009), is applicable to the SCDD. (b) In order to comply with section 124(c)(5)(H) of the Act (42 U.S.C. 15024(c)(5)(H)), regarding the rights of individuals with developmental disabilities, the State participating in the SCDD program must meet the requirements of 45 CFR 1326.30(f). (c) Applications from UCEDDs also must contain an assurance that the human rights of individuals assisted by this program will be protected consistent with section 101(c) (see section 154(a)(3)(D) of the Act). [80 FR 44807, July 27, 2015, as amended at 85 FR 72911, Nov. 16, 2020] § 1325.5 [Reserved] § 1325.6 Employment of individuals with disabilities. Each grantee which receives Federal funding under the Act must meet the requirements of section 107 of the Act (42 U.S.C. 15007) regarding affirmative action. The grantee must take affirmative action to employ and advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such: Advertising, recruitment, employment, rates of pay or other forms of compensation, selection for training, including apprenticeship, upgrading, demotion or transfer, and layoff or termination. This obligation is in addition to the requirements of 45 CFR part 84, subpart B, prohibiting discrimination in employment practices on the basis of disability in programs receiving assistance from the Department. Recipients of funds under the Act also may be bound by the provisions of the Americans with Disabilities Act of 1990 (Pub. L. 101-336, 42 U.S.C. 12101 et seq. [80 FR 44807, July 27, 2015, as amended at 81 FR 35647, June 3, 2016] § 1325.7 Reports to the Secretary. All grantee submission of plans, applications and reports must label goals, activities and results clearly in terms of the following: Area of emphasis, type of activity (advocacy, capacity building, systemic change), and categories of measures of progress. § 1325.8 Formula for determining allotments. The Secretary, or his or her designee, will allocate funds appropriated under the Act for the State Councils on Developmental Disabilities and the P&As as directed in sections 122 and 142 of the Act (42 U.S.C. 15022 and 15042). § 1325.9 Grants administration requirements. (a) The following parts of this title and title 2 CFR apply to grants funded under parts 1326 and 1328 of this chapter, and to grants for Projects of National Significance under section 162 of the Act (42 U.S.C. 15082): (1) 45 CFR part 16—Procedures of the Departmental Grant Appeals Board. (2) 45 CFR part 46—Protection of Human Subjects. (3) 45 CFR part 75—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Award. (4) 2 CFR part 376—Nonprocurement Debarment and Suspension. (5) 45 CFR part 80—Nondiscrimination under Programs Receiving Federal Assistance through the Department of Health and Human Services Effectuation of title VI of the Civil Rights Act of 1964. (5) 45 CFR part 81—Practice and Procedure for Hearings under part 80 of this title. (6) 45 CFR part 84—Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance. (7) 45 CFR part 86—Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federal Financial Assistance. (8) 45 CFR part 91—Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance from HHS. (9) 45 CFR part 93—New Restrictions on Lobbying. (b) The Departmental Appeals Board also has jurisdiction over appeals by any grantee that has received grants under the UCEDD programs or for Projects of National Significance. The scope of the Board's jurisdiction concerning these appeals is described in 45 CFR part 16. (c) The Departmental Appeals Board also has jurisdiction to decide appeals brought by the States concerning any disallowances taken by the Secretary, or his or her designee, with respect to specific expenditures incurred by the States or by contractors or sub grantees of States. This jurisdiction relates to funds provided under the two formula programs—subtitle B of the Act—Federal Assistance to State Councils on Developmental Disabilities, and subtitle C of the Act—Protection and Advocacy for Individuals with Developmental Disabilities. Appeals filed by States shall be decided in accordance with 45 CFR part 16. (d) In making audits and examination to any books, documents, papers, and transcripts of records of SCDDs, the P&As, the UCEDDs and the Projects of National Significance grantees and sub grantees, as provided for in 45 CFR part 75, the Department will keep information about individual clients confidential to the maximum extent permitted by law and regulations. (e)(1) The Department or other authorized Federal officials may access client and case eligibility records or other records of a P&A system for audit purposes, and for purposes of monitoring system compliance pursuant to section 103(b) of the Act. However, such information will be limited pursuant to section 144(c) of the Act. No personal identifying information such as name, address, and social security number will be obtained. Only eligibility information will be obtained regarding the type and level of disability of individuals being served by the P&A and the nature of the issue concerning which the system represented an individual. (2) Notwithstanding paragraph (e)(1) of this section, if an audit, monitoring review, evaluation, or other investigation by the Department produces evidence that the system has violated the Act or the regulations, the system will bear the burden of proving its compliance. The system's inability to establish compliance because of the confidentiality of records will not relieve it of this responsibility. The P&A may elect to obtain a release regarding personal information and privacy from all individuals requesting or receiving services at the time of intake or application. The release shall state that only information directly related to client and case eligibility will be subject to disclosure to officials of the Department. [80 FR 44807, July 27, 2015, as amended at 81 FR 35647, June 3, 2016]