Sec. 3. Definitions
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Section 602(34) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(34) ) is amended— in subparagraph (A), by inserting and customized employment after supported employment ; in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting a semicolon; and by adding at the end the following new subparagraphs: includes training in self-advocacy and self-determination activities and the skills needed to participate in making informed choices to prepare and empower the child to advocate and negotiate on the child’s own behalf; and does not include facility-based employment or activity settings, such as sheltered workshops, day habilitation centers, mobile work crews, or enclave work settings. .
Section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ) is amended by adding at the end the following new paragraphs: The term informed choice means a choice-making process that includes the following elements: The provision of adequate information to the child and the child’s parents about the full range of options that are to be considered. Sufficient resources (personnel as well as fiscal) to support the choice made by the child and the child’s parents.
Willingness of any provider of services to accept the choice and the reasonable risks associated with the choice. Information on the parameters of the choice and the relevant options being considered in the language and capabilities of the child in the choice-making process. Acknowledgment by the child and all parties involved that the use of public-funds should be focused on choices that foster personal, social, and professional development in integrated settings and lead to outcomes of increased economic self-sufficiency and professional advancement.
The term integrated employment means work compensated at the greater of minimum wage or competitive wages with related employment benefits, occurring in a typical work setting where the employee with the disability interacts or has the opportunity to interact continuously with non-disabled co-workers, has an opportunity for advancement and mobility, and is preferably engaged in full-time employment. The term self-determination activities has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ).
The term State intellectual and developmental disabilities agency means the primary State agency or subdivision with administrative, programmatic, and operational responsibility for the full range of services and supports furnished to individuals with intellectual and developmental disabilities. .
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