Don't show this message again
42 U.S. Code § 15025. State Councils on Developmental Disabilities and designated State agencies
(a) In general
Each State that receives assistance under this part shall establish and maintain a Council to undertake advocacy, capacity building, and systemic change activities (consistent with subsections (b) and (c) of section 15001 of this title) that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of this part. The Council shall have the authority to fulfill the responsibilities described in subsection (c).
(b) Council membership
(1) Council appointments
(A) In general
The members of the Council of a State shall be appointed by the Governor of the State from among the residents of that State.
(B) Recommendations
The Governor shall select members of the Council, at the discretion of the Governor, after soliciting recommendations from organizations representing a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities, including the non-State agency members of the Council. The Council may, at the initiative of the Council, or on the request of the Governor, coordinate Council and public input to the Governor regarding all recommendations.
(C) Representation
The membership of the Council shall be geographically representative of the State and reflect the diversity of the State with respect to race and ethnicity.
(2) Membership rotation
The Governor shall make appropriate provisions to rotate the membership of the Council. Such provisions shall allow members to continue to serve on the Council until such members’ successors are appointed. The Council shall notify the Governor regarding membership requirements of the Council, and shall notify the Governor when vacancies on the Council remain unfilled for a significant period of time.
(3) Representation of individuals with developmental disabilitiesNot less than 60 percent of the membership of each Council shall consist of individuals who are—
(A)
(i)
individuals with developmental disabilities;
(ii)
parents or guardians of children with developmental disabilities; or
(iii)
immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves; and
(B)
not employees of a State agency that receives funds or provides services under this part, and who are not managing employees (as defined in section 1126(b) of the Social Security Act (42 U.S.C. 1320a–5(b)) of any other entity that receives funds or provides services under this part.
(4) Representation of agencies and organizations
(A) In generalEach Council shall include—
(i) representatives of relevant State entities, including—
(I)
State entities that administer funds provided under Federal laws related to individuals with disabilities, including the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), and titles V and XIX of the Social Security Act (42 U.S.C. 701 et seq. and 1396 et seq.);
(II)
Centers in the State; and
(III)
the State protection and advocacy system; and
(ii)
representatives, at all times, of local and nongovernmental agencies, and private nonprofit groups concerned with services for individuals with developmental disabilities in the State in which such agencies and groups are located.
(B) Authority and limitationsThe representatives described in subparagraph (A) shall—
(i)
have sufficient authority to engage in policy planning and implementation on behalf of the department, agency, or program such representatives represent; and
(ii)
recuse themselves from any discussion of grants or contracts for which such representatives’ departments, agencies, or programs are grantees, contractors, or applicants and comply with the conflict of interest assurance requirement under section 15024(c)(5)(D) of this title.
(5) Composition of membership with developmental disabilitiesOf the members of the Council described in paragraph (3)—
(A)
⅓ shall be individuals with developmental disabilities described in paragraph (3)(A)(i);
(B)
⅓ shall be parents or guardians of children with developmental disabilities described in paragraph (3)(A)(ii), or immediate relatives or guardians of adults with developmental disabilities described in paragraph (3)(A)(iii); and
(C)
⅓ shall be a combination of individuals described in paragraph (3)(A).