The dd act and your role

The DD Act and Your Role:What Does It Say and What Does It Mean?

NACDD/ ITACC Chairperson Leadership TrainingJuly 9, 2014

Washington, DC

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The Developmental Disabilities Assistance and Bill of Rights Act

of 2000 (The DD Act)

Public Law 106-402Full DD Act of 2000 available online:

http://bit.ly/DDact2000

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Purpose of the DD Act(Section 101 (b))

• Purpose:to ensure that people with developmental disabilities and their families have access to community services, individualized supports, and other forms of assistance that promote:

• Self-determination

• Independence

• Productivity

• Integration and inclusion

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DD Network(Section 101 (b) 1-4)

The DD Act establishes the DD Network, which includes:

• State Councils on Developmental Disabilities (DD Councils)

• State Protection and Advocacy Agencies (P&As)

• National Network of University Centers for Excellence in Developmental Disabilities Education, Research, and Service (UCEDDs)

• and... Projects of National Significance (PNS)

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12 Policies and Principles of DD Act(Section 101 (c))

1.People with DD, even the “most severe”, are capable.

2.People with DD and their families have goals and abilities.

3.People with DD and their families make the decisions.

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12 Principles (Continued)

4. Assistance to people with DD should be respectfully provided based on the individual.

5. People with DD and their families from minority backgrounds must be able to access community supports and services.

6. More people from minority backgrounds must be recruited to work in the DD field.

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12 Principles (Continued)

7. Through education and support, communities can be accessible to and responsive to individuals with DD and their families.

8. People with DD have access to opportunities to be included in the community life (independent relationships, live in homes and make contributions).

9. Opportunities for people with DD to live in the community should be maintained and expanded.

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12 Principles (Continued)

10. Families of children with DD need access to integrated childcare.

11. People with DD need access to and use transportation.

12. People with DD need access to integrated recreational and social opportunities in the community.

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Definition of “Areas of Emphasis”(Section 102 (2))

• Quality Assurance

• Child-care

• Education and early intervention

• Employment

• Health

• Housing

• Recreation

• Transportation

• Other: Services available and offered to individuals in the community including formal and informal supports that affect quality of life

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Definition of “developmental disability”(Section 102 (8))

The term “developmental disability” (DD) means a severe, chronic disability of an individual that:

• is attributable to a mental or physical impairment or combination of mental and physical impairments;

• is manifested before the individual attains age 22;

• is likely to continue indefinitely;

• results in substantial functional limitations in 3 or more of the following areas of major life activity...

Subtitle B- Federal Assistance to State Councils on

Developmental Disabilities

Full DD Act of 2000 available online: http://bit.ly/DDact2000

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Purpose of the “Council”(Section 121)

• Purpose:

Engage in advocacy,

capacity building and

systemic change activitiesContribute to a coordinated, consumer and family centered, consumer and family directed, comprehensive system of community services, individualized supports, and other forms of assistance.

State Plan(Section 124)

Full DD Act of 2000 available online: http://bit.ly/DDact2000

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5 State Plan Requirements(Section 124 (c))

1. Establish and maintain a Council meeting specific membership requirements. • (more details later in Section 125 (b))

2. Designate a State Agency (DSA) to support the Council. • (more details later in Section 125 (d))

3. Include the results of a review and analysis on

needs being met and unmet needs in the state

for people with DD and their families.

4. Create 5-year goals based on data driven strategic planning.

5. Include assurances (to be covered later in slides).

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State Plan Review and Analysis Requirements(Section 124 (c) 3)

The results of this review and analysis will inform what goals you focus on.

Unmet needs are barriers to the desired outcomes:

• Identify needs – What issues are problems that impact the everyday lives of individuals with disabilities and their families?

• Identify barriers- What conditions are blocking or may interfere with accomplishing the targeted outcome?

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State Plan Goals Requirements(Section 124 (c) 4)

Make sure goals are related to the areas of emphasis and...

• Are created from the unmet needs of people with DD and their families that were discovered through state plan requirement #3 (review and analysis)

• Include a self-advocacy goal for

each year of the 5 year plan

(requires 3 parts)

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State Plan Assurances Requirement(Section 124 c(5) (B-N))

An assurance is a pledge, a guarantee; free from any doubt.

There are 13 listed assurances (B-N). However, there are 3 that trigger the most questions:

(B) Use of Funds

(D) Conflict of Interest

(L) Non Interference

Use of Funds Assurance(Section 124 c(5)(B))

• The Council...

– Can’t use less than 70% of their funds on goal/ objective activities from the state

plan ((Section 124 c(5)(B)(i)).

– Can’t supplant funds ((Section 124 c(5)(B)(iii)).

– Can’t duplicate or replace services for people with DD ((Section 124 c(5)(B)(iv)).

• The DSA...

– Can require the Council to pay up to half of the entire expenses incurred by the

DSA to support the Council or $50,000 (whichever is less) ((Section 124 c(5)(B)

(vi)).

– Can’t receive more than 20% of Council funds ((Section 124 c(5)(B)(vii)). 19

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Conflict of Interest Assurance(Section 124 c(5)(D))

• A conflict of interest exists when the Council member or a member of their family appears to gain or benefit personally from their position on the Council.

• A conflict of interest can be real or perceived

– A perceived conflict is often more damaging than a real one since it is much harder to resolve.

– Perceived means that it might not be real, but seems or appears real.

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• Never use the DD Council as a platform for personal benefit or gain

– Don’t act on behalf of the council without the council authority

– Don’t take issues discussed at the council meeting outside the meeting, it is your perception.

Conflict of Interest (continued)

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The Council must be free to act:• The State Plan must “provide assurance that the

designated State agency (DSA) or any other agency, office or entity of the State, will not interfere with the advocacy, capacity building activities, budget, personnel, State plan development, or plan implementation of the Council …”

Noninterference Assurance(Section 124 c(5)(L))

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The Council must be free to act:• The State Plan must “provide assurance that the

designated State agency (DSA) or any other agency, office or entity of the State, will not interfere with the advocacy, capacity building activities, budget, personnel, State plan development, or plan implementation of the Council …”

Noninterference Assurance(Section 124 c(5)(L))

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The DSA and Budgets

DSA Cannot:

• apply hiring freezes,

• make the Council reduce its staff,

• tell Councils they cannot travel, or

• tell a Council they cannot use federal funds to carry out activities under the DD Act.

DSA Can provide:

• Support services

• Fiscal responsibilities

• Records, access and financial reports

• Non-federal share (In-kind contributions, contributions of political subdivisions and public or private entities and other variations)

• Assurances

• MOU (on request)

Noninterference Assurance (continued)(Section 124 c(5)(L))

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Council Membership (Section 125 (b))

Full DD Act of 2000 available online: http://bit.ly/DDact2000

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Council Membership Explained(Section 125 (b))

1. Appointments

2. Membership Rotation

3. Representation of individuals with disabilities

4. Representation of Agencies and Organizations

5. Composition of Membership with Developmental Disabilities

6. Institutionalized Individuals

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Council Responsibilities(Section 125 (c))

Full DD Act of 2000 available online: http://bit.ly/DDact2000

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Council Responsibilities(Section 125 (c)2-5)

• Serve as an advocate for individuals with developmental disabilities (Section 125 (c)2)

• Conduct or support programs, projects and activities that improve the quality of life of individuals with disabilities (Section 125 (c)2)

• Develop a state plan (Section 125 (c)4)

• Implement the state plan (Section 125 (c)5)

• Monitor progress of the state plan and adapt it as necessary and appropriate (Section 125 (c)3)

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More Council Responsibilities(Section 125 (c)7-10)

• Report activities to AIDD (Section 125 (c)7)

• Prepare, approve and implement a budget using the amount provided to it (Section 125 (c)8)

• Recruit and hire a Director consistent with state law (Section 125 (c)9)

• Have staff who assist the Council in carrying out its responsibilities (Section 125 (c)10)

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The State DD Council’s Budget(Section 125 (c)8)

• Reflects your Council’s state plan aka the state plan in numbers.

• The budget is the plan of how a Council will fund their state plan goals and objectives

• Is for a specific period of time —the fiscal year, or calendar year

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Tying It All Together...

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The Council Members Govern

• Govern the activities of the Council

• Governance is the role you have assumed accepting the position of Council member

Governance vs. Management

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What we want to be?

Where do we want to go?

Making it happen!

Governance

• Focused on the vision (the BIG picture)• Asks you to keep focused

On the wholeOn stakeholdersOn the future

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Governance

• The tasks and responsibilities to…

establish,

• Develop and approve a state plan and budget

monitor,

• Review progress of state plan and budget

and evaluate the work of the DD Council.

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Governance• Working as a unified body

• Speaking with one voice

• Listening to stakeholders

• Maintaining the passion that underpins your mission (Principles of the DD Act!)

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Keys to Thoughtful Discussions

• Weigh beliefs and assumptions against the facts

• Listen to others and give them feedback

• Suspend judgment until all the facts are considered and understood

• Adjust opinions when new facts are found

• Look for proof

• Examine problems closely

• Reject information that is incorrect or irrelevant

DD Council Members Should...

• Open doors in the community

• Evaluate yourself

• Be a good steward of public funds

• Keep touch with history and core values of the organization – What is your DD Council’s mission and vision?

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DD Council Members ALSO Should...

• Keep up-to-date on developments in the disability field

• Prepare for and attend Council, committee and workgroup meetings

• Ask questions

• Take responsibility and follow-through on a given assignment

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Qualities DD Council Members Should Possess

• Honesty

• Visionary

• Flexible• Sensitivity to and

tolerance of differing views

• Responsiveness

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• A patient approach

• Personal integrity• Concern for the

Council’s development

• Sense of humor

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Director

• Reports to the Council

• Supervises the staff

• Prepares and maintains reports to remain in compliance with federal law (DD Act)

• Represents the Council in official capacity

• Liaison between the DSA and the Council

• Ensures expenditures are within the budget

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Director and Staff

The DD Act says:

• The Council shall hire a Director and supervise and annually evaluate the Director.

• The Director shall hire and maintain types of staff to carry out the functions of the Council. Staff must be qualified by training and experience.

• The Director supervises and evaluates Council staff.

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Council Staff• Provides continuity for Council initiatives

• Provides the Council with a foundation of qualified professionals to carry forward the work of the Council

• Oversees the day to day operations– Ensures that the Council can do their job, for example:

• Assist in the development of reports, work plans and objectives• Arrange meetings and logistics• Staff the committees and workgroups• Prepare meeting minutes• Represent the Council at certain community meetings

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Joint Planning ResponsibilitiesCouncil

• Approve long range goals

• Approve annual objectives

• Finalize and approve the budget

Staff

• Support the process of planning

• Formulate annual objectives

• Prepare performance reports on achievements of goals and objectives

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Remember…..

• The role of the Council member is to provide leadership and direction (GOVERNANCE) for the Council

• The role of the staff is to “do the work” (MANAGEMENT).

• The Executive Director is the staff member that works directly for the Council. All other staff work for the Executive Director.

• Staff are hired to implement the Council’s five year state plan

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Director

DD Council Members

Staff

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Questions?

Rita [email protected]

202-260-6168

Kathy [email protected]

Esmé [email protected]

202-506-5813

Hillary [email protected]

202-506-5813