Page:United States Statutes at Large Volume 118.djvu/1742

 118 STAT. 1712 PUBLIC LAW 108–364—OCT. 25, 2004 ‘‘(iii) facilitates the full and meaningful participa tion of individuals with disabilities (including individ uals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— ‘‘(I) decisions relating to the provision of assistive technology devices and assistive tech nology services to such individuals; and ‘‘(II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology related assist ance, including decisions that affect capacity building and advocacy activities. ‘‘(9) DISABILITY.—The term ‘disability’ means a condition of an individual that is considered to be a disability or handicap for the purposes of any Federal law other than this Act or for the purposes of the law of the State in which the individual resides. ‘‘(10) INDIVIDUAL WITH A DISABILITY; INDIVIDUALS WITH DISABILITIES.— ‘‘(A) INDIVIDUAL WITH A DISABILITY.—The term ‘indi vidual with a disability’ means any individual of any age, race, or ethnicity— ‘‘(i) who has a disability; and ‘‘(ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The term ‘individuals with disabilities’ means more than 1 individual with a disability. ‘‘(11) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), and includes a community college receiving funding under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.). ‘‘(12) PROTECTION AND ADVOCACY SERVICES.—The term ‘protection and advocacy services’ means services that— ‘‘(A) are described in subtitle C of title I of the Develop mental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10801 et seq.), or section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and ‘‘(B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. ‘‘(13) SECRETARY.—The term ‘Secretary’ means the Sec retary of Education. ‘‘(14) STATE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘State’ means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,

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