أسئلة قانونية إماراتية عامةقـرار مجلس الوزراء بشأن اعتماد التصنيف الوطني الموحد للإعاقات (أصحاب الهمم) في الدولة

Article (3) This Resolution shall enter into effect as of the date of its issuance and it shall be published in the Official Gazette. Mohammed Bin Rashid Al-Maktoum Prime Minister Issued by us: Date: 04 / Jumada Al-Awwal / 1440 AH Corresponding to: 21 / January / 2018 AD

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Cabinet Resolution of 2018 Approving the National Uniform Classification of Disabilities (People of Determination) in the State 3 The National Uniform Classification of Disabilities (People of Determination) in the State Enclosed with Cabinet Resolution No. (3) of 2018 This classification has relied on: • The Individuals with Disabilities Education Act 2004 – IDEA. • Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, DSM-5TM, American Psychiatric Association (2013). • The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) – 2006. • Federal Law No. (29) of 2006 Regarding the Rights of People with Disabilities as amended by virtue of Federal Law No. (14) of 2009. Basic Pillars: – There is a need for a uniform classification of disabilities on the level of the State which shall cover all types of disabilities. Such classification shall be considered as a national reference used by all organizations providing their services to the people with disabilities. – The purpose of the classification is to provide services and needs to the people with disabilities and facilitate their access thereto. Classification is not a target in itself. The individual needs of each case shall be taken into consideration irrespective of the type of disability. – The classification shall assist in raising the level of coordination and cooperation among the competent authorities in order to unify the tools of detecting the people with disabilities and identifying their needs. – This classification is flexibly aligned with the best global practices in the field of disability in order to accommodate the categories of disabilities which the rights of their people are included in the United Nations Convention on the Rights of Persons with Disabilities. – The classification process shall be carried out depending on diagnosis and assessment reports outlined by the Ministry of Community Development. The reports shall be issued by specialists certified by the official authorities in the State, which, in turn, shall be approved by the Ministry. For reports issued outside the State, they shall be certified by the Foreign Ministry by using globally recognized and codified tools and measurements commensurate with the local environment where the person with disability lives.

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Cabinet Resolution of 2018 Approving the National Uniform Classification of Disabilities (People of Determination) in the State 4 For the purposes of classification, the following definitions shall be used: – Neurodevelopmental disorders: They are a set of conditions with appear at the beginning of the growth period. The disorders typically manifest early in growth, often before the child joins the school, and are characterized by developmental deficits that produce impairments of personal, social, academic, or occupational functioning. The range of developmental deficits varies from very specific limitations of learning or control of executive functions to global impairments of social skills or intelligence. They include (intellectual disability, communication disorders, autism spectrum disorder, attention-deficit/hyperactivity disorder “ADHD” and specific learning disorders) in addition to other growth disorders. – Sensory impairments: They include (visual impairment, hearing impairment and deaf-blind impairment). In accordance with this classification, disabilities shall be as follows: 1- Intellectual Disability It includes three categories depending on the specified mental abilities and the age: 1- Intellectual Disability (mental abilities are determined in accordance with the standardized intelligence tests). 2- Global Developmental Delay (for children at the age of 5 years or less. It is not specified at a certain degree with respect to mental abilities). 3- Unspecified Intellectual Disability (for children above the age of 5 years. It is not specified at a certain degree with respect to mental abilities). Definition of Intellectual Disability: 1- Intellectual Disability (mental abilities are determined in accordance with the standardized intelligence tests). Intellectual disability is defined as a disorder which starts during the growth period that includes both intellectual and adaptive functioning deficits in conceptual, social, and practical domains. The following three criteria must be met: First: Deficits in intellectual functions, such as reasoning; problem solving, planning, abstract thinking, judgment, academic learning, and learning from experience, confirmed by both clinical assessment and individualized, standardized intelligence testing.

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Cabinet Resolution of 2018 Approving the National Uniform Classification of Disabilities (People of Determination) in the State 5 Intellectual functioning is typically measured with individually administered and psychometrically valid, comprehensive, culturally appropriate, psychometrically sound tests of intelligence. Individuals with intellectual disability have scores of approximately two standard deviations or more below the population mean, including a margin for measurement error (generally 5 points). On tests with a standard deviation of 15 and a mean of 100, this involves a score of 65-75 (70 ± 5). Clinical training and judgment are required to interpret test results and assess intellectual performance. Second: Deficits in adaptive functioning: that result in failure to meet developmental and sociocultural standards for personal independence and social responsibility. Without ongoing support, the adaptive deficits limit functioning in one or more activities of daily life, such as communication, social participation, and independent living, across multiple environments, such as home, school, work, and community) compared to others in the same age group or with the same sociocultural background. The second criterion of diagnosis is met when at least one domain of adaptive functioning%5Fconceptual, social, or practical%5Fis sufficiently impaired that ongoing support is needed in order for the person to perform adequately in one or more life settings at school, at work, at home, or in the community. To meet diagnostic criteria for intellectual disability, the deficits in adaptive functioning must be directly related to the intellectual impairments described in the first Criterion. Third: Onset of intellectual and adaptive deficits during the growth period. 2- Global growth Delay (for children at the age of 5 years or less. It is not specified at a certain degree with respect to mental abilities): This diagnosis is reserved for individuals under the age of 5 years when the clinical severity level cannot be reliably assessed during early childhood. This category is diagnosed when an individual fails to meet expected developmental milestones in several areas of intellectual functioning, and applies to individuals who are unable to undergo systematic assessments of intellectual functioning, including children who are too young to participate in standardized testing. This category requires reassessment after a period of time. 3- Unspecified Intellectual Disability (for children above the age of 5 years. It is not specified at a certain degree with respect to mental abilities): This category is reserved for individuals over the age of 5 years when assessment of the degree of

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Cabinet Resolution of 2018 Approving the National Uniform Classification of Disabilities (People of Determination) in the State 6 intellectual disability is rendered difficult because of associated sensory or physical impairments, as in blindness or pre-lingual deafness; locomotor disability; or presence of severe problem behaviors or co-occurring mental disorder. This category should only be used in exceptional circumstances and requires reassessment after a period of time. Required Documents: A psychological educational report issued by a psychiatrist or clinical psychiatrist at a certified organization. The report shall include the assessment of the mental disabilities, adaptive behavior, accompanying medical condition or behavioral disorder, if any, and the medical history. Eligibility for Services: • Medical services including diagnosis and treatmen. • Support rehabilitation such as physical, functional, linguistic and behavioral therapy as the case may be. • Special educational services. • Educational and societal integration services. • Training, vocational rehabilitation and employment services. 2- Communication Disorders Definition of Communication Disorders: Disorders of communication include deficits in language, speech, and communication. Speech is the expressive production of sounds and includes an individual’s articulation, fluency, voice, and resonance quality. Language includes the form, function, and use of a conventional system of symbols (i.e., spoken words, sign language, written words, pictures) in a rule-governed manner for communication. Communication includes any verbal or nonverbal behavior (whether intentional or unintentional) that influences the behavior, ideas, or attitudes of another individual. Assessments of speech, language and communication abilities must take into account the individual’s cultural and language context, particularly for individuals growing up in bilingual environments. The standardized measures of language development and of nonverbal intellectual capacity must be relevant for the cultural and linguistic group (i.e. tests developed and standardized for one group may not provide appropriate norms for a different group). The diagnostic category of communication disorders includes the following: language disorder,

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Cabinet Resolution of 2018 Approving the National Uniform Classification of Disabilities (People of Determination) in the State 7 speech sound disorder, childhood-onset fluency disorder (stuttering), social communication disorder, and other specified and unspecified communication disorders which emerge during or after the growth phase. Required Documents: • A report on language and speech issued by a specialist in the treatment of language and speech disorders in a certified organization. • A detailed hearing report issued by an acoustics specialist in a certified organization. Eligibility for Services: • Support rehabilitation such as linguistic, behavioral and social therapy as the case may be. • Educational and societal integration services. • Medical services including (Dental, jaw and staphyle operations ... etc.). • Hearing aids or other devices as the case may be. 3- Autism Spectrum Disorder Definition of Autism Spectrum Disorder: It is one of the developmental neurotic disorders and a type of developmental disabilities caused by the dysfunction of the central nervous system (brain). It is marked by the suspension or deficit of the development of sensory and linguistic perception and accordingly the ability of communication, speech, learning and social communication. The Diagnostic and Statistical Manual, Fifth Edition, (DSM – V, APA, 2013) has outlined five domain areas for diagnosing Autism Spectrum Disorder as follows: • First domain area: Persistent deficits in social communication and social interaction across multiple contexts, as manifested by the following, currently or by history (examples are illustrative, not exhaustive): 1- Deficits in social-emotional reciprocity, ranging, for example, from abnormal social approach and failure of normal back-and-forth conversation; to reduced sharing of interests, emotions, or affect; to failure to initiate or respond to social interactions. 2- Deficits in nonverbal communicative behaviors used for social interaction, ranging, for example, from poorly integrated verbal and nonverbal communication; to abnormalities in eye contact and body language or deficits in understanding and use of gestures: to a total lack

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Cabinet Resolution of 2018 Approving the National Uniform Classification of Disabilities (People of Determination) in the State 8 of facial expressions and nonverbal communication. 3- Deficits in developing, maintaining, and understanding social relationships, ranging, for example, from difficulties adjusting behavior to suit various social contexts; to difficulties in sharing imaginative play or in making friends; to absence of interest in peers. • Second domain area: Restricted, repetitive patterns of behavior, interests, or activities, as manifested by at least two of the following, currently or by history (examples are illustrative, not exhaustive): 1- Stereotyped or repetitive motor movements, use of objects, or speech (e.g., simple motor stereotypies, lining up toys or flipping objects, echolalia, idiosyncratic phrases). 2- Insistence on sameness, inflexible adherence to routines, or ritualized patterns of verbal or nonverbal behavior (e.g., extreme distress at small changes, difficulties with transitions, rigid thinking patterns, greeting rituals, need to take same route or eat same food every day). 3- Highly restricted, fixated interests that are abnormal in intensity or focus (e.g., strong attachment to or preoccupation with unusual objects, excessively circumscribed or perseverative interests). 4- Hyper- or hyperactivity to sensory input or unusual interest in sensory aspects of the environment (e.g., apparent indifference to pain/temperature, adverse response to specific sounds or textures, excessive smelling or touching of objects, visual fascination with lights or movement). • Third domain area: Symptoms must be present in the early growth period (but may not become fully manifest until social demands exceed limited capacities, or may be masked by learned strategies in later life). • Fourth domain area: Symptoms cause clinically significant impairment in social, occupational, or other important areas of current functioning. • Fifth domain area: These disturbances are not better explained by intellectual disability (intellectual developmental disorder) or global developmental delay. Intellectual disability and autism spectrum disorder frequently co-occur; to make comorbid diagnoses of autism spectrum disorder and intellectual disability, social communication should be below that expected for general developmental level.

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Cabinet Resolution of 2018 Approving the National Uniform Classification of Disabilities (People of Determination) in the State 9 Required Documents: – A psychological educational report issued by a psychiatrist or clinical psychiatrist in a certified organization. – A report on language and speech issued by a language and speech specialist in a certified organization. – A detailed hearing report issued by a certified organization. Eligibility for Services: • Medical services including diagnosis and treatment. • Support rehabilitation such as physical, functional, linguistic and behavioral therapy as the case may be. • Special educational services. • Educational and societal integration services. • Training, vocational rehabilitation and employment services. 4- Attention Deficit / Hyperactive Disorder The diagnostic criteria of this disorder are defined as follows: First: A continuous pattern of inattention and/or hyperactivity-impulsivity that interferes with functioning or development, as characterized by (1) and/or (2): 1- Inattention: Six (or more) of the following symptoms have persisted for at least 6 months to a degree that is inconsistent with developmental level and that negatively impacts directly on social and academic/occupational activities: Note: The symptoms are not solely a manifestation of oppositional behavior, defiance, hostility, or failure to understand