Developmentally Disabled Assistance
and Bill of Rights Act

Before 1975, there were few legal rights explicitly administered by the government for persons with developmental disabilities. The Developmental Disabilities Services and Facilities Construction Amendments of 1970 constituted the first congressional effort to address the needs of a group of people with developmental disabilities. Also in 1970, Congress amended the Mental Retardation Facilities and Community Health Centers Construction Act of 1963, as well as legally defining “developmentally disabled” to include people with mental retardation, cerebral palsy, epilepsy, and other neurological conditions closely related to mental retardation which originate prior to age 18 and constitute a substantial handicap.

Congress also authorized state allotments for planning, services, and construction of facilities for people with developmental disabilities in 1970, and required a State plan that was to designate a State planning and advisory council. The State plan was to describe the quality and extent of services and to show how funds were to be used to augment, rather than duplicate, services already available. In the same year, Congress also authorized grants to help support interdisciplinary training in institutions of higher education to help meet shortages of personnel to provide services to people with developmental disabilities, called the university affiliated facilities program.

In 1975, Congress passed the Developmentally Disabled Assistance and Bill of Rights Act, which required that protection and advocacy programs be established in each state as a condition to receive a state grant. The protection and advocacy systems (P&A systems) are designed to protect and advocate the rights of people with developmental disabilities and to pursue legal, administrative, and other remedies to ensure the protection of rights for such people. Congress also added the “Rights of the Developmentally Disbaled” in 1975, which included congressional findings such as the right to appropriate treatment and services designed to maximize individual potential, as well as expanding the definition of “developmentally disabled” to include autism and dyslexia, if such dyslexia resulted from one of the other disabilities included in the definition.

Before these momentous additions to the rights of persons with developmental disabilities, many were institutionalized with no rights, despite their possible desire to reenter their communities and try to live less fully dependent lives. One of the most profound effects the Developmentally Disabled Assistance and Bill of Rights Act had on the lives of those living with developmental disabilities was the formation of P&A state programs. The P&A System advocates for the civil and legal rights of people with developmental disabilities. P&A Offices have been leaders in representing institutionalized people seeking to improve their living conditions or be placed in the community. In addition, P&A offices may be able to represent persons who cannot afford a lawyer for an IDEA due process hearing or a discrimination suit. Because some people with cerebral palsy may not be able to protect or enforce their own rights, state P&A systems offer necessary protection. Contact the National Association of Protection and Advocacy Systems (NAPAS)* for the location of your state’s P&A office.

* National Association of Protection and Advocacy Systems
900 Second Street, Suite 211
Washington, D.C. 20002
(202) 408-9514