2023 District of Columbia Code › Title 2 - Government Administration › Chapter 14 - Human Rights › Unit C - Disability Rights Protection › § 2–1431.01. Definitions

§ 2–1431.01. Definitions.
For the purposes of this unit, the term:
(1) “ADA” means the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.).
(2) “ADA Compliance Program” means the program established by § 2-1431.02.
(3) “Agency” means all agencies and instrumentalities of the District government.
(3A) "Deaf" means a severe or complete absence of auditory sensitivity, where the primary effective receptive communication mode is visual, tactile, or both.
(3B) "Deafblind" means a sensory disability resulting from a combination of hearing and vision loss or impairment.
(3C) "Deaf, deafblind, and hard of hearing communities" means the cultural minority of individuals who are deaf, deafblind, or hard of hearing .
(4) “Disability” means, with respect to an individual:
(A) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(B) A record of such an impairment; or
(C) Being regarded as having such an impairment.
(5) “Human Rights Act” means Unit A of this chapter [§ 2-1401.01 et seq.].
(5A) "Hard of hearing" means permanent hearing loss which is severe enough to necessitate the use of amplification or other devices to hear and comprehend oral communications.
(5B) "Interpreter services" means services that provide communications access to members of the deaf, deafblind, and hard of hearing communities through qualified interpreters or the use of assistive technology, including assistive listening devices ("ALDs") and communication access real-time translation ("CART").
(6) “Mayor’s Committee on Persons with Disabilities” means the Mayor’s Committee on Persons with Disabilities, established by Mayor’s Order 88-245 (November 16, 1998), and amended by Mayor’s Order 2002-79 (April 15, 2002).
(7) “Office” means the Office of Disability Rights established by § 2-1431.03.
(7A) "ODDHH" means the Office for the Deaf, Deafblind, and Hard of Hearing established by § 2-1431.03a.
(8) “Office of Human Rights” means the Office of Human Rights established by § 2-1411.01.
(9) “Olmstead Compliance Plan” means a comprehensive working plan, developed in collaboration with individuals with disabilities and with District agencies serving individuals with disabilities, which shall include annual legislative, regulatory, and budgetary recommendations for the District to serve qualified individuals with disabilities in accordance with Olmstead v. L.C., 527 U.S. 581, and in the most integrated setting as provided in 28 C.F.R. Part 35, App. A.
(9A) "Qualified interpreter" means a specialist who provides interpreting, translation, and transliteration services in American Sign Language or other visual and tactile communication forms used by individuals who are deaf, deafblind, or hard of hearing, and is certified by ODDHH or a credentialing program or organization recognized by ODDHH.
(10) “Rehabilitation Act” means the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 355; 29 U.S.C. § 701 et seq.).
(Mar. 8, 2007, D.C. Law 16-239, § 2, 54 DCR 404; Dec. 8, 2020, D.C. Law 23-152, § 2(a), 67 DCR 12254.)
Applicability
Section 7191 of D.C. Law 24-45 repealed section 3 of D.C. Law 23-152 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 23-152 has been implemented.
Section 7191 of D.C. Act 24-159 repealed section 3 of D.C. Law 23-152 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 23-152 has been implemented.
Applicability of D.C. Law 23-152: § 3 of D.C. Law 23-152 provided that the change made to this section by § 2(a) of D.C. Law 23-152 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Editor's Notes
Section 7083 of D.C. Law 17-219 repealed Section 10 of D.C. Law 16-239.
Mayor's Orders
Re-Establishment of the District of Columbia Commission on Persons with Disabilities, see Mayor’s Order 2009-165, September 25, 2009 ( 56 DCR 8093).