The 1990s and the New Century: The Legislation Broadens
The Americans with Disabilities Act (P.L. 101-336) was passed in 1990. It extended all civil rights protections to people with disabilities including protection from accommodations, telecommunications, and activities of state and local governments. The ADA's definition of disability built on the definition used for developmental disabilities, but applied it more broadly. While the Developmental Disabilities legislation required a functional limitation in three or more areas, the ADA included anyone with a functional limitation in one or more areas. This meant that civil rights protections were extended to 20% of all Americans.
Lowell P. Weicker, Jr., Original "Father" of the Americans with Disabilities Act
ADA Signing
In 1992 the AAMR definition of "mental retardation" began to reflect the shifts in perspective that emerged in the 1970s and '80s.
Mental retardation refers to substantial limitations in present functioning. It is characterized by significantly sub-average intellectual functioning, existing concurrently with related limitations in two or more of the follow applicable adaptive skills areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work. Mental retardation manifests before age 18. (Luckasson, 1992)
This definition recognized the interaction between the individual and the demands of the environment. Instead of defining four levels of severity, the AAMR changes to a classification based on the amount of support required – intermittent, limited, extensive and pervasive. These levels shift the focus to issues that are outside the person.
Ruth Luckasson
The Developmental Disabilities Acts of 1990 and 2000 more clearly recognized the needs of infants and children. Before 1990, the Act stated that a developmental disability is "a severe, chronic disability of a person 5 years of age or older".
The 1990 Act (P.L. 101-496) stated that when the term is "applied to infants and children it means individuals from birth to age 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided". This validated the importance of early intervention services to prevent the development of disabilities.
In 2000 the Act shifted the age range upwards to 9 years.
The most recent federal definition of developmental disability, as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 2000 is:
(A) A severe, chronic disability of an individual that
(i) is attributed to a mental or physical impairment or combination of mental and physical impairments;
(ii) is manifested before the individual attains age 22;
(iii) is likely to continue indefinitely;
(iv) results in substantial functional limitations in 3 or more of the following areas of major life activity:
a. Self-care.
b. Receptive and expressive language.
c. Learning.
d. Mobility.
e. Self-direction.
f. Capacity for independent living.
g. Economic self-sufficiency; and
(v) Reflects the individual's need for a combination and sequence of special, interdisciplinary,
or generic services, individualized supports, or other forms of assistance that are of lifelong
or extended duration and are individually planned and coordinated.
(B) Infants and Young Children—An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (I) through (V) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life.
As the Arc (1998) pointed out, the federal definition of "developmental disabilities" does not include some people that fall under the AAMR definition of "mental retardation". The major difference is in terms of the number of functional limitations. The AAMR definition applies to people with two or more functional limitations, while the DD Act definition applies to people with three or more limitations. The Arc states "87% of people with mental retardation have mild mental retardation and, unless they have a second disability, often do not have limits in three areas or the limits may show up in areas other than those listed in the developmental disabilities definition."
Many states do not adhere to these definitions when they define eligibility for services. Some, for instance, retain the categorical labels. Some have different age limitations. Programs funded under the Developmental Disabilities Act follow the federal definition, but there is considerable variation in the definitions used for service provision.
The Connecticut Advisory Commission on Services and Supports for Persons with Developmental Disabilities (2002) surveyed state definitions and identified five rough categories.
- Twenty two (22) the states have a definition of developmental disability that closely mirrors the definition in the Title I, Programs for Individuals with Developmental Disabilities.
- Seventeen (17) states have adopted definitions that appear similar to the Title I definition, however, either specifically exclude individuals with physical impairments only or do not specify that individuals with physical impairments only are eligible for services. Additionally, definitions for this grouping of states do not appear to specify that mental retardation is needed for service eligibility.
- Two states (Colorado and Minnesota) have definitions that at first glance appear to broaden their definition beyond mental retardation only. Nevertheless, they specify that individuals must have general intellectual functioning or adaptive behavior similar to that of a person with mental retardation.
- Three states (Vermont, Maine, and Texas) appear to have definitions that limit services and supports from the principal agency to individuals with mental retardation and autism.
- Six (6) states use definitions that limit the population served by the principal agency only to individuals with mental retardation. In some of these apparently more restrictive states (for instance, Texas) there are other agencies that provide some service and supports to persons with developmental disabilities.
Madelaine Will
On July 25, 2003, President George W. Bush signed Executive Order 12994 changing the name of the President's Committee on Mental Retardation to the President's Committee for People with Intellectual Disabilities. Madeleine Will, Chair of the President's Committee guided the change in the name of the Committee.
Val Bradley
In June 2006, the membership of the American Association on Mental Retardation voted to change the name of the organization to the American Association on Intellectual and Developmental Disabilities. Val Bradley, President of AAMR, stated that she could not predict what implications the new name might have on policies regarding intellectual disabilities. Many government policies, including those that determine eligibility for services and even the death penalty, rely on the AAMR definition of mental retardation.