42 U.S.C. § 15113 — Reaching up scholarship program

Page 8694 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15111 1 See References in Text note below. (A) section 15098 of this title (relating to the provision of technical assistance and in- formation to States); and (B) section 15099 of this title (relating to the conduct of evaluations). (2) Special rule For each year that the amount appropriated pursuant to subsection (a) is $10,000,000 or greater, the Secretary may reserve 5 percent of such amount to carry out section 15100 of this title. (Pub. L. 106–402, title II, § 212, Oct. 30, 2000, 114 Stat. 1734.) SUBCHAPTER III—PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDI- VIDUALS WITH DEVELOPMENTAL DIS- ABILITIES § 15111. Findings Congress finds that— (1) direct support workers, especially young adults, have played essential roles in pro- viding the support needed by individuals with developmental disabilities and expanding com- munity options for those individuals; (2) 4 factors have contributed to a decrease in the available pool of direct support work- ers, specifically— (A) the small population of individuals who are age 18 through 25, an age group that has been attracted to direct support work in the past; (B) the rapid expansion of the service sec- tor, which attracts individuals who pre- viously would have elected to pursue em- ployment as direct support workers; (C) the failure of wages in the human serv- ices sector to keep pace with wages in other service sectors; and (D) the lack of quality training and career advancement opportunities available to di- rect support workers; and (3) individuals with developmental disabil- ities benefit from assistance from direct sup- port workers who are well trained, and benefit from receiving services from professionals who have spent time as direct support workers. (Pub. L. 106–402, title III, § 301, Oct. 30, 2000, 114 Stat. 1734.) § 15112. Definitions In this subchapter: (1) Developmental disability The term ‘‘developmental disability’’ has the meaning given the term in section 15002 of this title. (2) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1141 1 of title 20. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (Pub. L. 106–402, title III, § 302, Oct. 30, 2000, 114 Stat. 1734.) Editorial Notes REFERENCES IN TEXT Section 1141 of title 20, referred to in par. (2), was re- pealed by Pub. L. 105–244, § 3, title I, § 101(b), title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998. However, the term ‘‘institution of higher edu- cation’’ is defined in section 1001 of Title 20, Education. § 15113. Reaching up scholarship program (a) Program authorization The Secretary may award grants to eligible entities, on a competitive basis, to enable the entities to carry out scholarship programs by providing vouchers for postsecondary education to direct support workers who assist individuals with developmental disabilities residing in di- verse settings. The Secretary shall award the grants to pay for the Federal share of the cost of providing the vouchers. (b) Eligible entity To be eligible to receive a grant under this section, an entity shall be— (1) an institution of higher education; (2) a State agency; or (3) a consortium of such institutions or agencies. (c) Application requirements To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of— (1) the basis for awarding the vouchers; (2) the number of individuals to receive the vouchers; and (3) the amount of funds that will be made available by the eligible entity to pay for the non-Federal share of the cost of providing the vouchers. (d) Selection criteria In awarding a grant under this section for a scholarship program, the Secretary shall give priority to an entity submitting an application that— (1) specifies that individuals who receive vouchers through the program will be individ- uals— (A) who are direct support workers who as- sist individuals with developmental disabil- ities residing in diverse settings, while pur- suing postsecondary education; and (B) each of whom verifies, prior to receiv- ing the voucher, that the worker has com- pleted 250 hours as a direct support worker in the past 90 days; (2) states that the vouchers that will be pro- vided through the program will be in amounts of not more than $2,000 per year; (3) provides an assurance that the eligible entity (or another specified entity that is not a voucher recipient) will contribute the non- Federal share of the cost of providing the vouchers; and Page 8695 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15114 (4) meets such other conditions as the Sec- retary may specify. (e) Federal share The Federal share of the cost of providing the vouchers shall be not more than 80 percent. (Pub. L. 106–402, title III, § 303, Oct. 30, 2000, 114 Stat. 1735.) § 15114. Staff development curriculum authoriza- tion (a) Funding (1) In general The Secretary shall award funding, on a competitive basis, through a grant, coopera- tive agreement, or contract, to a public or pri- vate entity or a combination of such entities, for the development, evaluation, and dissemi- nation of a staff development curriculum, and related guidelines, for computer-assisted, com- petency-based, multimedia, interactive in- struction, relating to service as a direct sup- port worker. (2) Participants The curriculum shall be developed for indi- viduals who— (A) seek to become direct support workers who assist individuals with developmental disabilities or are such direct support work- ers; and (B) seek to upgrade their skills and com- petencies related to being a direct support worker. (b) Application requirements To be eligible to receive an award under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Sec- retary may require, including— (1) a comprehensive analysis of the content of direct support roles; (2) information identifying an advisory group that— (A) is comprised of individuals with experi- ence and expertise with regard to the sup- port provided by direct support workers, and effective ways to provide the support, for in- dividuals with developmental disabilities in diverse settings; and (B) will advise the entity throughout the development, evaluation, and dissemination of the staff development curriculum and guidelines; (3) information describing how the entity will— (A) develop, field test, and validate a staff development curriculum that— (i) relates to the appropriate reading level for direct service workers who assist individuals with disabilities; (ii) allows for multiple levels of instruc- tion; (iii) provides instruction appropriate for direct support workers who work in di- verse settings; and (iv) is consistent with subsections (b) and (c) of section 15001 of this title and sec- tion 15009 of this title; (B) develop, field test, and validate guide- lines for the organizations that use the cur- riculum that provide for— (i) providing necessary technical and in- structional support to trainers and men- tors for the participants; (ii) ensuring easy access to and use of such curriculum by workers that choose to participate in using, and agencies that choose to use, the curriculum; (iii) evaluating the proficiency of the participants with respect to the content of the curriculum; (iv) providing necessary support to the participants to assure that the partici- pants have access to, and proficiency in using, a computer in order to participate in the development, testing, and valida- tion process; (v) providing necessary technical and in- structional support to trainers and men- tors for the participants in conjunction with the development, testing, and valida- tion process; (vi) addressing the satisfaction of par- ticipants, individuals with developmental disabilities and their families, providers of services for such individuals and families, and other relevant entities with the cur- riculum; and (vii) developing methods to maintain a record of the instruction completed, and the content mastered, by each participant under the curriculum; and (C) nationally disseminate the curriculum and guidelines, including dissemination through— (i) parent training and information cen- ters funded under part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq.); (ii) community-based organizations of and for individuals with developmental disabilities and their families; (iii) entities funded under subchapter I; (iv) centers for independent living; (v) State educational agencies and local educational agencies; (vi) entities operating appropriate med- ical facilities; (vii) postsecondary education entities; and (viii) other appropriate entities; and (4) such other information as the Secretary may require. (Pub. L. 106–402, title III, § 304, Oct. 30, 2000, 114 Stat. 1735.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (b)(3)(C)(i), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part D of the Act is classified generally to subchapter IV (§ 1450 et seq.) of chapter 33 of Title 20, Education. For complete classi- fication of this Act to the Code, see section 1400 of Title 20 and Tables.