29 U.S.C. § 3002 : US Code - Section 3002: Definitions

Search 29 U.S.C. § 3002 : US Code - Section 3002: Definitions

In this chapter:
(1) Adult service program
The term "adult service program" means a program that provides
services to, or is otherwise substantially involved with the
major life functions of, individuals with disabilities. Such term
includes -
(A) a program providing residential, supportive, or
employment services, or employment-related services, to
individuals with disabilities;
(B) a program carried out by a center for independent living,
such as a center described in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
(C) a program carried out by an employment support agency
connected to adult vocational rehabilitation, such as a one-
stop partner, as defined in section 2801 of this title; and
(D) a program carried out by another organization or vender
licensed or registered by the designated State agency, as
defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705).
(2) American Indian consortium
The term "American Indian consortium" means an entity that is
an American Indian Consortium (as defined in section 102 of
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15002)), and that is established to provide
protection and advocacy services for purposes of receiving
funding under subtitle C of title I of such Act (42 U.S.C. 15041
et seq.).
(3) Assistive technology
The term "assistive technology" means technology designed to be
utilized in an assistive technology device or assistive
technology service.
(4) Assistive technology device
The term "assistive technology device" means any item, piece of
equipment, or product system, whether acquired commercially,
modified, or customized, that is used to increase, maintain, or
improve functional capabilities of individuals with disabilities.
(5) Assistive technology service
The term "assistive technology service" means any service that
directly assists an individual with a disability in the
selection, acquisition, or use of an assistive technology device.
Such term includes -
(A) the evaluation of the assistive technology needs of an
individual with a disability, including a functional evaluation
of the impact of the provision of appropriate assistive
technology and appropriate services to the individual in the
customary environment of the individual;
(B) a service consisting of purchasing, leasing, or otherwise
providing for the acquisition of assistive technology devices
by individuals with disabilities;
(C) a service consisting of selecting, designing, fitting,
customizing, adapting, applying, maintaining, repairing,
replacing, or donating assistive technology devices;
(D) coordination and use of necessary therapies,
interventions, or services with assistive technology devices,
such as therapies, interventions, or services associated with
education and rehabilitation plans and programs;
(E) training or technical assistance for an individual with a
disability or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such an
individual;
(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services and entities that manufacture or sell assistive
technology devices), employers, providers of employment and
training services, or other individuals who provide services
to, employ, or are otherwise substantially involved in the
major life functions of individuals with disabilities; and
(G) a service consisting of expanding the availability of
access to technology, including electronic and information
technology, to individuals with disabilities.
(6) Capacity building and advocacy activities
The term "capacity building and advocacy activities" means
efforts that -
(A) result in laws, regulations, policies, practices,
procedures, or organizational structures that promote consumer-
responsive programs or entities; and
(B) facilitate and increase access to, provision of, and
funding for, assistive technology devices and assistive
technology services, in order to empower individuals with
disabilities to achieve greater independence, productivity, and
integration and inclusion within the community and the
workforce.
(7) Comprehensive statewide program of technology-related
assistance
The term "comprehensive statewide program of technology-related
assistance" means a consumer-responsive program of technology-
related assistance for individuals with disabilities,
implemented by a State, and equally available to all individuals
with disabilities residing in the State, regardless of their type
of disability, age, income level, or location of residence in the
State, or the type of assistive technology device or assistive
technology service required.
(8) Consumer-responsive
The term "consumer-responsive" -
(A) with regard to policies, means that the policies are
consistent with the principles of -
(i) respect for individual dignity, personal
responsibility, self-determination, and pursuit of meaningful
careers, based on informed choice, of individuals with
disabilities;
(ii) respect for the privacy, rights, and equal access
(including the use of accessible formats) of such
individuals;
(iii) inclusion, integration, and full participation of
such individuals in society;
(iv) support for the involvement in decisions of a family
member, a guardian, an advocate, or an authorized
representative, if an individual with a disability requests,
desires, or needs such involvement; and
(v) support for individual and systems advocacy and
community involvement; and
(B) with respect to an entity, program, or activity, means
that the entity, program, or activity -
(i) is easily accessible to, and usable by, individuals
with disabilities and, when appropriate, their family
members, guardians, advocates, or authorized representatives;
(ii) responds to the needs of individuals with disabilities
in a timely and appropriate manner; and
(iii) facilitates the full and meaningful participation of
individuals with disabilities (including individuals from
underrepresented populations and rural populations) and their
family members, guardians, advocates, and authorized
representatives, in -
(I) decisions relating to the provision of assistive
technology devices and assistive technology services to
such individuals; and
(II) decisions related to the maintenance, improvement,
and evaluation of the comprehensive statewide program of
technology-related assistance, including decisions that
affect capacity building and advocacy activities.
(9) Disability
The term "disability" means a condition of an individual that
is considered to be a disability or handicap for the purposes of
any Federal law other than this chapter or for the purposes of
the law of the State in which the individual resides.
(10) Individual with a disability; individuals with disabilities
(A) Individual with a disability
The term "individual with a disability" means any individual
of any age, race, or ethnicity -
(i) who has a disability; and
(ii) who is or would be enabled by an assistive technology
device or an assistive technology service to minimize
deterioration in functioning, to maintain a level of
functioning, or to achieve a greater level of functioning in
any major life activity.
(B) Individuals with disabilities
The term "individuals with disabilities" means more than 1
individual with a disability.
(11) Institution of higher education
The term "institution of higher education" has the meaning
given such term in section 1001(a) of title 20, and includes a
community college receiving funding under the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1801 et
seq.).
(12) Protection and advocacy services
The term "protection and advocacy services" means services that
-
(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy for
Individuals with Mental Illness Act (42 U.S.C. 10801 et seq.),
or section 509 of the Rehabilitation Act of 1973 (29 U.S.C.
794e); and
(B) assist individuals with disabilities with respect to
assistive technology devices and assistive technology services.
(13) Secretary
The term "Secretary" means the Secretary of Education.
(14) State
(A) In general
Except as provided in subparagraph (B), the term "State"
means each of the 50 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.
(B) Outlying areas
In section 3003(b) of this title:
(i) Outlying area
The term "outlying area" means the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(ii) State
The term "State" does not include the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(15) State assistive technology program
The term "State assistive technology program" means a program
authorized under section 3003 of this title.
(16) Targeted individuals and entities
The term "targeted individuals and entities" means -
(A) individuals with disabilities of all ages and their
family members, guardians, advocates, and authorized
representatives;
(B) underrepresented populations, including the aging
workforce;
(C) individuals who work for public or private entities
(including centers for independent living described in part C
of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f
et seq.), insurers, or managed care providers) that have
contact, or provide services to, with individuals with
disabilities;
(D) educators at all levels (including providers of early
intervention services, elementary schools, secondary schools,
community colleges, and vocational and other institutions of
higher education) and related services personnel;
(E) technology experts (including web designers and
procurement officials);
(F) health, allied health, and rehabilitation professionals
and hospital employees (including discharge planners);
(G) employers, especially small business employers, and
providers of employment and training services;
(H) entities that manufacture or sell assistive technology
devices;
(I) entities that carry out community programs designed to
develop essential community services in rural and urban areas;
and
(J) other appropriate individuals and entities, as determined
for a State by the State.
(17) Technology-related assistance
The term "technology-related assistance" means assistance
provided through capacity building and advocacy activities that
accomplish the purposes described in section 3001(b) of this
title.
(18) Underrepresented population
The term "underrepresented population" means a population that
is typically underrepresented in service provision, and includes
populations such as persons who have low-incidence disabilities,
persons who are minorities, poor persons, persons with limited
English proficiency, older individuals, or persons from rural
areas.
(19) Universal design
The term "universal design" means a concept or philosophy for
designing and delivering products and services that are usable by
people with the widest possible range of functional capabilities,
which include products and services that are directly accessible
(without requiring assistive technologies) and products and
services that are interoperable with assistive technologies.