§6062. Grant authority

(a) Administration and operation

From appropriations under section 6064(a) ¹ of this title, the Secretary shall make grants to university affiliated programs to assist in the administration and operation of the activities described in section 6061 of this title. Grants may be awarded for a period not to exceed 5 years.

(b) Training projects

(1) In general

From amounts appropriated under section 6066(a) of this title, the Secretary shall make grants to university affiliated programs receiving grants under subsection (a) of this section to support training projects to train personnel to address the needs of individuals with developmental disabilities in areas of emerging national significance, as described in paragraph (3). Grants awarded under this subsection shall be awarded on a competitive basis and may be awarded for a period not to exceed 5 years.

(2) Eligibility limitations

A university affiliated program shall not be eligible to receive funds for training projects under this subsection unless-

(A) such program has operated for at least 1 year; or

(B) the Secretary determines that such program has demonstrated the capacity to develop an effective training project during the first year such program is operated.

(3) Areas of focus

Training projects under this subsection shall train personnel to address the needs of individuals with developmental disabilities in the areas of emerging national significance described in subparagraphs (A) through (H).

(A) Early intervention

Grants under this subsection for training projects with respect to early intervention services shall be for the purpose of assisting university affiliated programs in providing training to family members of children with developmental disabilities and personnel from all disciplines involved with interdisciplinary intervention to infants, toddlers, and preschool age children with developmental disabilities. Such training projects shall include instruction on family-centered, community-based, coordinated care for infants, toddlers, and preschool age children with developmental disabilities and their families.

(B) Aging

Grants under this subsection for training projects with respect to aging and developmental disabilities shall be for the purpose of supporting the planning, design, and implementation of coordinated interdisciplinary training programs between existing aging or gerontological programs and university affiliated programs in order to prepare professional staff to provide services for aging individuals with developmental disabilities and their families.

(C) Community services

Grants under this subsection for training projects with respect to community services shall be for the purpose of providing training that enhances direct supports and services for individuals with developmental disabilities, including training to community members, families, individuals with developmental disabilities, and community-based direct service providers. The Secretary shall ensure that all grants under this subparagraph are made only to university affiliated programs that involve community-level direct support services in the preparation of the application for such grant and that assure that any training under the university affiliated program will be coordinated with local community services and support systems and with State, local, and regional governmental or private agencies responsible for the planning or delivery of services to individuals with developmental disabilities.

(D) Positive behavioral supports

Grants awarded under this subsection for training projects with respect to positive behavioral supports shall be for the purpose of assisting university affiliated programs in providing training to family members of individuals with developmental disabilities and personnel in methods of developing individual supports that maximize opportunities for independence, productivity, and integration and inclusion into the community for individuals with developmental disabilities and severe behavior problems. Such training projects shall provide training to-

(i) address ethical and legal principles and standards, including the role of personal and cultural values in designing assessments and interventions;

(ii) address appropriate assessment approaches that examine the range of factors that contribute to problem behavior;

(iii) address the development of a comprehensive plan that considers the needs and preferences of an individual with a developmental disability;

(iv) address the competence in the types of skills training, environmental modification, and incentive procedures that encourage alternative behaviors;

(v) familiarize training participants with crisis intervention approaches and the separate role of such approaches as short-term emergency procedures;

(vi) familiarize training participants with medical interventions and how to evaluate the effect of such interventions on behavior; and

(vii) address techniques for evaluating the outcomes of interventions.

(E) Assistive technology services

Grants under this subsection for training projects with respect to assistive technology services shall be for the purpose of assisting university affiliated programs in providing training to personnel who provide, or will provide, assistive technology services and devices to individuals with developmental disabilities and their families. Such projects may provide training and technical assistance to improve access to assistive technology services for individuals with developmental disabilities and may include stipends and tuition assistance for training project participants. Such projects shall be coordinated with State technology coordinating councils wherever such councils exist.

(F) Americans with Disabilities Act

Grants under this subsection for training projects with respect to the provisions of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] shall be for the purpose of assisting university affiliated programs in providing training to personnel who provide, or will provide, services to individuals with developmental disabilities, and to others concerned with individuals with developmental disabilities.

(G) Community transition

Grants under this subsection for training projects with respect to transition from school to adult life shall be for the purpose of assisting university affiliated programs in providing training to individuals with developmental disabilities and their families, generic community agencies, advocacy organizations, and others in order to stimulate the development and improvement of policies, procedures, systems, and other mechanisms that prepare youth with developmental disabilities to enter adult life. Such projects shall be coordinated with State transition projects funded under section 1425(e) of title 20, where such State transition projects exist.

(H) Other areas

Grants under this subsection for training projects with respect to programs in other areas of national significance shall be for the purpose of training personnel in an area of special concern to the university affiliated program, and shall be developed in consultation with the State Developmental Disabilities Council.

(4) Courses, traineeships and fellowships

Grants under this subsection may be used by university affiliated programs to-

(A) assist in paying the costs of courses of training or study for personnel to provide services for individuals with developmental disabilities and their families; and

(B) establish fellowships or traineeships providing such stipends and allowances as may be determined by the Secretary.

(5) Prohibited activities

Grants awarded under this subsection shall not be used for administrative expenses for the university affiliated program under subsection (a) of this section.

(6) Criteria

Grants awarded under this subsection shall meet the criteria described in subparagraphs (A) and (B).

(A) Application

An application that is submitted for a grant under this subsection shall present evidence that training projects assisted by funds awarded under this section are-

(i) competency and value based;

(ii) designed to facilitate independence, productivity, and integration and inclusion for individuals with developmental disabilities; and

(iii) evaluated utilizing state-of-the-art evaluation techniques in the programmatic areas selected.

(B) General project requirements

Training projects under this subsection shall-

(i) represent state-of-the-art techniques in areas of critical shortage of personnel that are identified through consultation with the consumer advisory committee described in section 6063(d) of this title and the State Developmental Disabilities Council;

(ii) be conducted in consultation with the consumer advisory committee described in section 6063(d) of this title and the State Developmental Disabilities Council;

(iii) be integrated into the appropriate university affiliated program and university curriculum;

(iv) be integrated with relevant State agencies in order to achieve an impact on statewide personnel and service needs;

(v) to the extent practical, be conducted in environments where services are actually delivered;

(vi) to the extent possible, be interdisciplinary in nature;

(vii) utilize strategies to recruit and train members from racial and ethnic minority backgrounds and individuals with disabilities; and

(viii) address the issue of cultural competence in the training provided.

(c) Supplemental awards

From amounts appropriated under section 6066(a) of this title, the Secretary may make grants to university affiliated programs receiving grants under subsection (a) of this section to support one or more of the following activities:

(1) The provision of interdisciplinary training, community training and technical assistance, community services, or dissemination of information to individuals with developmental disabilities, family members of such individuals, professionals, volunteers, or other personnel to enable such individuals, family members, professionals, volunteers, or personnel to provide services to increase or maintain the independence, productivity, and integration and inclusion into the community of individuals with developmental disabilities and not otherwise specified in subsection (b) of this section.

(2) The conduct of an applied research program designed to produce more efficient and effective methods for the delivery of services to individuals with developmental disabilities, and the training of professionals, paraprofessionals, and family members who provide such services.

(d) Feasibility studies

From amounts appropriated under section 6066(a) of this title, the Secretary may make a grant to a university or a public or nonprofit entity which is associated with, or is an integral part of, a college or university, to study the feasibility of establishing a university affiliated program. Such study shall include an assessment of the needs of the area in which the university is located for such a program or center.² The amount of a grant under this subsection may not exceed $35,000 for any fiscal year. A grant under this subsection may only be made in a State in which there is no university affiliated program.

(Pub. L. 88–164, title I, §152, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2681 ; amended Pub. L. 100–146, title IV, §402, Oct. 29, 1987, 101 Stat. 853 ; Pub. L. 101–496, §17, Oct. 31, 1990, 104 Stat. 1200 ; Pub. L. 103–230, title IV, §403, Apr. 6, 1994, 108 Stat. 320 .)

References in Text

Section 6064(a) of this title, referred to in subsec. (a), was amended generally by Pub. L. 103–230, title IV, §405, Apr. 6, 1994, 108 Stat. 326 , and, as so amended, no longer contains provisions authorizing appropriations for this section. See section 6066(a) of this title.

The Americans with Disabilities Act of 1990, referred to in subsec. (b)(3)(F), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327 , which is classified principally to chapter 126 (§12101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

Prior Provisions

A prior section 6062, Pub. L. 88–164, title I, §132, as added Pub. L. 91–517, title I, §101(b), Oct. 30, 1970, 84 Stat. 1317 ; amended Pub. L. 94–103, title I, §110(b)–(e)(1), title III, §302(b)(1), Oct. 4, 1975, 89 Stat. 489 , 490, 506; Pub. L. 94–278, title XI, §1107(a) Apr. 22, 1976, 90 Stat. 416 ; Pub. L. 95–602, title V, §510(b), Nov. 6, 1978, 92 Stat. 3010 , related to allotments to States, prior to the general amendment of this chapter by Pub. L. 98–527. See section 6025 of this title.

Amendments

1994-Pub. L. 103–230, §403(a), reenacted section catchline without change.

Subsec. (a). Pub. L. 103–230, §403(b)(1), inserted heading and in text substituted "6061 of this title. Grants may be awarded for a period not to exceed 5 years." for "6001(18) of this title."

Subsec. (b). Pub. L. 103–230, §403(b)(2), amended subsec. (b) generally, inserting heading and in text substituting provisions directing making of grants to support various training projects and relating to eligibility limitations, areas of focus, courses, traineeships and fellowships, prohibited activities, and criteria to which grants are subject for provisions directing making of grants to support various training projects and relating to purposes of various grants.

Subsec. (c). Pub. L. 103–230, §403(b)(3)(A), inserted heading and in text substituted "section 6066(a) of this title" for "section 6064(b) of this title" in introductory provisions.

Subsec. (c)(1). Pub. L. 103–230, §403(b)(3)(B), substituted "interdisciplinary training, community training and technical assistance, community services, or dissemination of information to individuals" for "service-related training to persons", "individuals" for "persons" in two places, and "integration and inclusion into the community of individuals with developmental disabilities and not otherwise specified in subsection (b) of this section" for "integration into the community of persons with developmental disabilities".

Subsec. (c)(2). Pub. L. 103–230, §403(b)(3)(C), substituted "individuals" for "persons" and "family members" for "parents" and struck out "(A)" before "the delivery of services" and "(B)" before "the training of professionals".

Subsec. (d). Pub. L. 103–230, §403(b)(5), redesignated subsec. (e) as (d), inserted heading, substituted "section 6066(a) of this title" for "section 6064(a) of this title", and struck out "or a satellite center" after "a university affiliated program" and "or satellite center" after "no university affiliated program".

Pub. L. 103–230, §403(b)(4), struck out subsec. (d) which read as follows: "From amounts appropriated under section 6064(a) of this title, the Secretary may make grants to pay part of the costs of establishing satellite centers and may make grants to satellite centers to pay part of their administration and operation costs. A satellite center which receives a grant under this section may engage in the activities described in subparagraph (A), (B), or (C) of section 6001(18) of this title and may compete for grants under subsections (b) and (c) of this section."

Subsec. (e). Pub. L. 103–230, §403(b)(5)(A), redesignated subsec. (e) as (d).

Subsecs. (f), (g). Pub. L. 103–230, §403(b)(6), struck out subsecs. (f) and (g) which read as follows:

"(f) The Secretary shall only make grants under this section to university affiliated programs which establish a consumer advisory committee comprised of consumers, family members, representatives of State protection and advocacy systems, developmental disabilities councils (including State service agency directors), local agencies, and private nonprofit groups concerned with providing services for persons with developmental disabilities.

"(g) A university affiliated program shall not be eligible to receive funds for training projects pursuant to this section unless-

"(1) such program has operated for at least 1 year; or

"(2) the Secretary determines that such project has demonstrated the capacity to develop an effective training program during the first year such program is operated."

1990-Subsec. (b)(1)(A). Pub. L. 101–496, §17(1)(A)–(C), struck out "sufficient size and scope" after "grants of", substituted "community-based" for "and community-based", and inserted provision before period at end including programs described in pars. (5), (6), and (7).

Subsec. (b)(1)(B) to (F). Pub. L. 101–496, §17(1)(D)–(F), added subpars. (B) to (E), redesignated former subpar. (C) as (F), and struck out former subpar. (B) which read as follows: "The Secretary shall make determinations with respect to grants under this subsection based on information relating to present and projected needs for the training of personnel based on identified State, regional, or national shortages of personnel, the capacity of the university affiliated programs to train personnel, and such other information as may be determined necessary and appropriate by the Secretary."

Subsec. (b)(5) to (7). Pub. L. 101–496, §17(2), added pars. (5) to (7).

Subsecs. (f), (g). Pub. L. 101–496, §17(3), added subsecs. (f) and (g).

1987-Subsec. (a). Pub. L. 100–146, §402(a), substituted "section 6064(a) of this title" for "section 6064 of this title", "programs" for "facilities", and "section 6001(18) of this title" for "section 6001(13) of this title".

Subsec. (b). Pub. L. 100–146, §402(b)(1), (3), added subsec. (b) and struck out former subsec. (b) which authorized additional grants and specified activities for which such grants could be used.

Subsec. (c). Pub. L. 100–146, §402(b)(3), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 100–146, §402(b)(1), (2), redesignated former subsec. (c) as (d), substituted "From amounts appropriated under section 6064(a) of this title, the" for "The" and "section 6001(18) of this title and may compete for grants under subsections (b) and (c) of this section" for "section 6001(13) of this title", and struck out former subsec. (d) which related to limitations on satellite center grants.

Subsec. (e). Pub. L. 100–146, §402(b)(4), added subsec. (e).

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–146 effective Oct. 1, 1987, see section 601 of Pub. L. 100–146, set out as a note under section 6000 of this title.

Section Referred to in Other Sections

This section is referred to in sections 6001, 6063, 6064, 6066 of this title.

¹ See References in Text note below.

² So in original. The words "or center" probably should not appear. See 1994 Amendment note below.