Consistent with K.S.A. 39-1803 (f) and (h), persons who are residents of Kansas and who are mentally retarded or otherwise developmentally disabled are those whose condition presents an extreme variation in capabilities from the general population which manifests itself in the developmental years resulting in a need for life long interdisciplinary services.

The following identifies those who, among all persons with disabilities, are the most disabled, as defined below.

Mental Retardation - Definition:

Mental Retardation means substantial limitations in present functioning that is manifested during the period from birth to age 18 years and is characterized by significantly sub-average intellectual functioning existing concurrently with deficits in adaptive behavior including related limitations in two or more of the following applicable adaptive skill areas:

1. Communication
2. Self-Care
3. Home Living
4. Social Skills
5. Community Use
6. Self-Direction
7. Health and Safety
8. Functional Academics
9. Leisure
10. Work

As stated in the SRS-Mental Retardation and Developmental Disabilities Eligibility Handbook (October, 1998), an Axis II diagnosis of Mental Retardation, made by a healthcare professional that is licensed to make a DSM-IV diagnosis, is required.

Developmental Disability - Definition:

Other developmental disability means a condition such as autism, cerebral palsy, epilepsy, or other similar physical or mental impairment (or a condition which has received a dual diagnosis of mental retardation and mental illness) and is evidenced by a severe, chronic disability which:

1. Is attributable to a mental or physical impairment or a combination of mental and physical impairments, AND
2. Is manifest before the age of 22, AND
3. Is likely to continue indefinitely, AND
4. Results in substantial functional limitations in any three or more of the following areas of life functioning:
   1. self-care
   2. understanding and the use of language
   3. learning and adapting
   4. mobility
   5. self-direction in setting goals and undertaking activities to accomplish those goals
   6. living independently
   7. economic self-sufficiency, AND
   To further clarify substantial functional limitations, the CDDO may, but is not required to, use the Eligibility Determination Instrument (EDI) or other professionally accepted, standardized methods of functional assessment.
5. Reflects a need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services, which are lifelong, or extended in duration and are individually planned and coordinated.
6. Does not include individuals who are solely severely emotionally disturbed or seriously and persistently mentally ill or have disabilities solely as a result of infirmities of aging.

Children with a Developmental Disability

For children under the age of six, developmental disability means a severe, chronic disability which:

1. Is attributable to a mental or physical impairment or a combination of mental and physical impairments, AND
2. Is likely to continue indefinitely, AND
3. Results in at least three (3) developmental delays as measured by qualified professionals using appropriate diagnostic instruments or procedures, AND
4. Reflects a need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are lifelong or extended in duration and are individually planned and coordinated, AND
5. Does not include individuals who are solely severely emotionally disturbed or seriously and persistently mentally ill.