1994 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 75 - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
SUBCHAPTER II - FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS
Sec. 6024 - State Developmental Disabilities Councils and designated State agencies

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§6024. State Developmental Disabilities Councils and designated State agencies (a) In general

Each State that receives assistance under this subchapter shall establish and maintain a State Developmental Disabilities Council (hereafter in this section referred to as the “Council”) to promote, through systemic change, capacity building, and advocacy activities (consistent with section 6000(c)(2) of this title), the development of a consumer and family-centered comprehensive system and a coordinated array of culturally competent services, supports and other assistance designed to achieve independence, productivity, and integration and inclusion into the community for individuals with developmental disabilities. The Council shall have the authority to fulfill its responsibilities described in subsection (c) of this section.

(b) Council membership (1) Council appointments

The members of the Council of a State shall be appointed by the Governor of the State from among the residents of that State. The Governor shall select members of the Council, at his or her discretion, 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 request of the Governor, coordinate Council and public input to the Governor regarding all recommendations. To the extent feasible, 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, when vacancies remain unfilled for a significant period of time.

(3) Representation of agencies and organizations

Each Council shall at all times include representatives of the principal State agencies (including the State agencies that administer funds provided under 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 [42 U.S.C. 3001 et seq.], and title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]), institutions of higher education, each university affiliated program in the State established under subchapter IV of this chapter, the State protection and advocacy system established under subchapter III of this chapter, and local agencies, 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. Such representatives shall—

(A) have sufficient authority to engage in policy planning and implementation on behalf of the department, agency, or program such representatives represent; and

(B) recuse themselves from any discussion of grants or contracts for which such representatives’ departments, agencies, or programs are grantees or applicants and comply with the conflict of interest policies required under section 6022(c)(5)(C) of this title.

(4) Representation of individuals with developmental disabilities

Not less than 50 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 subchapter, 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 subchapter.

(5) Composition of membership with developmental disabilities

Of the members of the Council described in paragraph (4)—

(A) one-third shall be individuals with developmental disabilities as described in paragraph (4)(A)(i);

(B) one-third shall be parents of children with developmental disabilities as described in paragraph (4)(A)(ii), and immediate relatives or guardians of adults with mentally impairing developmental disabilities as described in paragraph (4)(A)(iii); and

(C) one-third shall be a combination of individuals described in paragraph (4)(A).

(6) Institutionalized individuals

Of the members of the Council described in paragraph (5), at least one shall be an immediate relative or guardian of an institutionalized or previously institutionalized individual with a developmental disability or an individual with a developmental disability who resides or previously resided in an institution. This paragraph shall not apply with respect to a State if such an individual does not reside in that State.

(c) Council responsibilities

A Council, through Council members, staff, consultants, contractors, or subgrantees, shall have the responsibilities described in paragraphs (1) through (11).

(1) Systemic change, capacity building, and advocacy activities

The Council shall serve as an advocate for individuals with developmental disabilities and conduct programs, projects, and activities that carry out the purpose under section 6021 of this title.

(2) Examination of priority areas

Not less than once every 3 years, the Council shall examine the provision of and need for the four Federal priority areas and an optional State priority area to address, on a statewide and comprehensive basis, urgent needs for services, supports, and other assistance for individuals with developmental disabilities and their families, pursuant to section 6022 of this title.

(3) State plan development

The Council shall develop and submit to the Secretary the State plan required under section 6022 of this title after consultation with the designated State agency under the State plan. Such consultation shall be solely for the purposes of obtaining State assurances and ensuring consistency of the plan with State law.

(4) State plan implementation

The Council shall implement the State plan by conducting and supporting the Federal priority area of employment, not less than one of the remaining three Federal priority areas, and an optional State priority area as defined in section 6001 of this title, through systemic change, capacity building, and advocacy activities such as those described in subparagraphs (A) through (K).

(A) Demonstration of new approaches

The Council may conduct, on a time-limited basis, the demonstration of new approaches to enhance the independence, productivity, and integration and inclusion into the community of individuals with developmental disabilities. This may include making successful demonstrations generally available through sources of funding other than funding under this subchapter, and may also include assisting those conducting such successful demonstration activities to develop strategies for securing funding from other sources.

(B) Outreach

The Council may conduct activities to reach out to assist and enable individuals with developmental disabilities and their families who otherwise might not come to the attention of the Council to obtain services, supports, and other assistance, including access to special adaptation of generic services or specialized services.

(C) Training

The Council may conduct training for individuals with developmental disabilities, their families, and personnel (including professionals, paraprofessionals, students, volunteers, and other community members) to enable such individuals to obtain access to, or to provide, services, supports and other assistance, including special adaptation of generic services or specialized services for individuals with developmental disabilities and their families. To the extent that training activities are provided, such activities shall be designed to promote the empowerment of individuals with developmental disabilities and their families.

(D) Supporting communities

The Council may assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families by encouraging local networks to provide informal and formal supports and enabling communities to offer such individuals and their families access, resources, and opportunities.

(E) Interagency collaboration and coordination

The Council may promote interagency collaboration and coordination to better serve, support, assist, or advocate for individuals with developmental disabilities and their families.

(F) Coordination with related councils, committees, and programs

The Council may conduct activities to enhance coordination with—

(i) other councils or committees, authorized by Federal or State law, concerning individuals with disabilities (such as the State Interagency Coordinating Council under part H of the Individuals with Disabilities Education Act [20 U.S.C. 1471 et seq.], the State Rehabilitation Advisory Council and the Statewide Independent Living Council under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], the State Mental Health Planning Council under part B of title XIX of the Public Health Service Act [42 U.S.C. 300x et seq.] and other similar councils or committees);

(ii) parent training and information centers under part D of the Individuals with Disabilities Education Act [20 U.S.C. 1431 et seq.] and other federally funded projects that assist parents of children with disabilities; and

(iii) other groups interested in systemic change, capacity building, and advocacy for individuals with disabilities.

(G) Barrier elimination, systems design, and citizen participation

The Council may conduct activities to eliminate barriers, enhance systems design and redesign, and enhance citizen participation to address issues identified in the State plan.

(H) Public education and coalition development

The Council may conduct activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families and to develop and support coalitions that support the policy agenda of the Council, including training in self-advocacy, educating policymakers, and citizen leadership skills.

(I) Informing policymakers

The Council may provide information to Federal, State, and local policymakers, including the Congress, the Federal executive branch, the Governor, State legislature, and State agencies, in order to increase the ability of such policymakers to offer opportunities and to enhance or adapt generic services or provide specialized services to individuals with developmental disabilities and their families by conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations.

(J) Prevention

The Council may conduct prevention activities as defined in section 6001 of this title.

(K) Other activities

The Council may conduct other systemic change, capacity building, and advocacy activities to promote the development of a consumer and family-centered comprehensive system and a coordinated array of culturally competent services, supports and other assistance designed to achieve independence, productivity, and integration and inclusion into the community of individuals with developmental disabilities throughout the State on a comprehensive basis.

(5) State plan monitoring

Not less than once each year, the Council shall monitor, review, and evaluate the implementation and effectiveness of the State plan in meeting such plan's objectives.

(6) Review of designated State agency

The Council shall periodically review the designated State agency with respect to the activities carried out under this chapter and make any recommendations for change to the Governor.

(7) Reports

The Council shall submit to the Secretary, through the Governor, periodic reports on its activities as the Secretary may reasonably request, and keep such records and afford such access thereto as the Secretary finds necessary to verify such reports.

(8) Budget

Each Council shall prepare, approve, and implement a budget using amounts paid to the State under this subchapter to fund and implement all programs, projects, and activities under this subchapter including—

(A) conducting such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council, reimbursing Council members of the Council for reasonable and necessary expenses for attending Council meetings and performing Council duties (including child care and personal assistance services), paying compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day such member is engaged in performing the duties of the Council, supporting Council member and staff travel to authorized training and technical assistance activities including inservice training and leadership development, and appropriate subcontracting activities;

(B) hiring and maintaining sufficient numbers and types of staff (qualified by training and experience) and obtaining the services of such professional, consulting, technical, and clerical personnel (qualified by training and experience), consistent with State law, as the Council determines to be necessary to carry out its functions under this subchapter, except that such State shall not apply hiring freezes, reductions in force, prohibitions on staff travel, or other policies, to the extent that such policies would impact staff or functions funded with Federal funds and would prevent the Council from carrying out its functions under this chapter; and

(C) directing the expenditure of funds for grants, contracts, interagency agreements that are binding contracts, and other activities authorized by the approved State plan.

(9) Staff hiring and supervision

A Council shall, consistent with State law, recruit and hire a Director of the Council, should the position of Director become vacant, and supervise and annually evaluate the Director. The Director shall hire, supervise, and annually evaluate the staff of the Council. Council recruitment and hiring of staff shall be consistent with Federal and State nondiscrimination laws. Dismissal of personnel shall be consistent with State law and personnel policies.

(10) Staff assignments

The staff and other personnel, while working for the Council, shall be responsible solely for assisting the Council in carrying out its duties under this subchapter and shall not be assigned duties by the designated State agency or any other agency or office of the State.

(11) Construction (A) Activities of the Council

Nothing in this subchapter shall be construed to preclude a Council from engaging in systemic change, capacity building, and advocacy activities for individuals with disabilities other than developmental disabilities, where appropriate.

(B) Authority of the Council

Nothing in this chapter shall be construed to authorize a Council to direct, control, or exercise any policymaking authority or administrative authority over any program assisted under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

(d) Designated State agency (1) In general

Each State that receives assistance under this subchapter shall designate the State agency that shall, on behalf of the State, provide support to the Council. After April 6, 1994, any designation of a State agency shall be made in accordance with the requirements of this subsection.

(2) Designation (A) Type of agency

Except as provided in this subsection, the designated State agency shall be—

(i) the Council if such Council may be the designated State agency under the laws of the State;

(ii) a State agency that does not provide or pay for services made available to individuals with developmental disabilities; or

(iii) a State office, including the immediate office of the Governor of the State or a State planning office.

(B) Conditions for continuation of State service agency designation (i) Designation before April 6, 1994

If a State agency that provides or pays for services for individuals with developmental disabilities was a designated State agency for purposes of this subchapter on April 6, 1994, and the Governor of the State (or legislature, where appropriate and in accordance with State law) determines prior to June 30, 1994, not to change the designation of such agency, such agency may continue to be a designated State agency for purposes of this subchapter.

(ii) Criteria for continued designation

The determination at the discretion of the Governor (or legislature as the case may be) shall be made after the Governor has considered the comments and recommendations of the general public and a majority of the non-State agency members of the Council with respect to the designation of such State agency, and after the Governor (or legislature as the case may be) has made an independent assessment that the designation of such agency shall not interfere with the budget, personnel, priorities, or other action of the Council, and the ability of the Council to serve as an advocate for individuals with developmental disabilities.

(C) Review of designation

After April 1, 1994, the Council may request a review of the designation of the designated State agency by the Governor (or legislature as the case may be). The Council shall provide documentation concerning the reason the Council desires a change to be made and make a recommendation to the Governor (or legislature as the case may be) regarding a preferred designated State agency.

(D) Appeal of designation

After the review is completed under subparagraph (C), a majority of the non-State agency members of the Council may appeal to the Secretary for a review of the designation of the designated State agency if Council independence as an advocate is not assured because of the actions or inactions of the designated State agency.

(3) Responsibilities

The designated State agency shall, on behalf of the State, have the responsibilities described in subparagraphs (A) through (F).

(A) Support services

The designated State agency shall provide required assurances and support services as requested by and negotiated with the Council.

(B) Fiscal responsibilities

The designated State agency shall—

(i) receive, account for, and disperse funds under this subchapter based on the State plan required in section 6022 of this title; and

(ii) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper dispersement of, and accounting for, funds paid to the State under this subchapter.

(C) Records, access, and financial reports

The designated State agency shall keep such records and afford access thereto as the Secretary and the Council determine necessary. The designated State agency, if other than the Council, shall provide timely financial reports at the request of the Council regarding the status of expenditures, obligations, liquidation, and the Federal and non-Federal share.

(D) Non-Federal share

The designated State agency, if other than the Council, shall provide the required non-Federal share defined in section 6025a(c) of this title.

(E) Assurances

The designated State agency shall assist the Council in obtaining the appropriate State plan assurances and in ensuring that the plan is consistent with State law.

(F) Memorandum of understanding

On the request of the Council, the designated State agency shall enter into a memorandum of understanding with the Council delineating the roles and responsibilities of the designated State agency.

(4) Use of funds for designated State agency responsibilities (A) Necessary expenditures of State designated agency

At the request of any State, a portion of any allotment or allotments of such State under this subchapter for any fiscal year shall be available to pay up to one-half (or the entire amount if the Council is the designated State agency) of the expenditures found necessary by the Secretary for the proper and efficient exercise of the functions of the State designated agency, except that not more than 5 percent of the total of the allotments of such State for any fiscal year, or ,000, whichever is less, shall be made available for the total expenditure for such purpose by the State agency designated under this subsection.

(B) Condition for Federal funding

Amounts shall be provided under subparagraph (A) to a State for a fiscal year only on condition that there shall be expended from State sources for carrying out the responsibilities of the designated State agency under paragraph (3) not less than the total amount expended for carrying out such responsibilities from such sources during the previous fiscal year, except in such year as the Council may become the designated State agency.

(C) Support services provided by other agencies

With the agreement of the designated State agency, the Council may use or contract with agencies other than the designated State agency to perform the functions of the designated State agency.

(e) 1990 report

Not later than January 1, 1990, each Council shall complete the reviews, analyses, and final report described in this section.

(1) Comprehensive review and analysis

Each Council shall conduct a comprehensive review and analysis of the eligibility for services provided, and the extent, scope, and effectiveness of, services provided and functions performed by, all State agencies (including agencies that provide public assistance) that affect or that potentially affect the ability of individuals with developmental disabilities to achieve the goals of independence, productivity, and integration and inclusion into the community, including individuals with developmental disabilities attributable to physical impairment, mental impairment, or a combination of physical and mental impairments.

(2) Consumer satisfaction

Each Council shall conduct a review and analysis of the effectiveness of, and consumer satisfaction with, the functions performed by, and services provided or paid for from Federal and State funds by, each of the State agencies (including agencies that provide public assistance) responsible for performing functions for, and providing services to, all individuals with developmental disabilities in the State. Such review and analysis shall be based upon a survey of a representative sample of individuals with developmental disabilities receiving services from each such agency, and if appropriate, shall include such individuals’ families.

(3) Public review and comment

Each Council shall convene public forums, after the provision of notice within the State, in order to—

(A) present the findings of the reviews and analyses prepared under paragraphs (1) and (2);

(B) obtain comments from all interested individuals in the State regarding the unserved and underserved populations of individuals with developmental disabilities that result from physical impairment, mental impairment, or a combination of physical and mental impairments; and

(C) obtain comments on any proposed recommendations concerning the removal of barriers to services for individuals with developmental disabilities and to connect such services to existing State agencies by recommending the designation of one or more State agencies, as appropriate, to be responsible for the provision and coordination of such services.

(4) Basis for State plan

Each Council shall utilize the information developed pursuant to paragraphs (1), (2), and (3) in developing the State plan.

(Pub. L. 88–164, title I, §124, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2675; amended Pub. L. 100–146, title II, §204, Oct. 29, 1987, 101 Stat. 849; Pub. L. 101–496, §12, Oct. 31, 1990, 104 Stat. 1197; Pub. L. 102–119, §26(b), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103–230, title II, §205, Apr. 6, 1994, 108 Stat. 302.)

References in Text

The Rehabilitation Act of 1973, referred to in subsecs. (b)(3) and (c)(4)(F)(i), (11)(B), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

The Individuals with Disabilities Education Act, referred to in subsecs. (b)(3) and (c)(4)(F), (11)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§1400 et seq.) of Title 20, Education. Parts D and H of the Act are classified generally to subchapters IV (§1431 et seq.) and VIII (§1471 et seq.), respectively, of chapter 33 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

The Older Americans Act, referred to in subsec. (b)(3), probably means the Older Americans Act of 1965, Pub. L. 89–73, July 14, 1965, 79 Stat. 218, as amended, which is classified generally to chapter 35 (§3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

The Social Security Act, referred to in subsec. (b)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Social Security Act is classified generally to subchapter XIX (§1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

The Public Health Service Act, referred to in subsec. (c)(4)(F)(i), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part B of title XIX of the Act is classified generally to part B (§300x et seq.) of subchapter XVII of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

This chapter, referred to in subsec. (c)(6), (8)(B), (11)(B), was in the original “this Act” and was translated as reading “this title”, meaning title I of Pub. L. 88–164, known as the Developmental Disabilities Assistance and Bill of Rights Act, to reflect the probable intent of Congress.

Amendments

1994—Pub. L. 103–230 amended section generally, substituting section catchline for one which read “State Planning Councils”, in subsecs. (a) and (b), provisions relating to establishment and membership of State Developmental Disabilities Councils for similar provisions relating to State Planning Councils, in subsec. (c), provisions relating to responsibilities of State Developmental Disabilities Councils for provisions relating to staff and personnel of State Planning Councils, in subsec. (d), provisions requiring designation of State agency to provide support for State Developmental Disabilities Councils for provisions relating to duties of State Planning Councils, and adding subsec. (e) relating to reporting requirements.

1991—Subsec. (b)(3). Pub. L. 102–119 substituted “Individuals with Disabilities Education Act” for “Education of the Handicapped Act”.

1990—Subsec. (a). Pub. L. 101–496, §12(1), substituted “to” for “which will” and inserted “by carrying out priority area activities” before period at end.

Subsec. (c)(1). Pub. L. 101–496, §12(2), substituted “shall” for “may” and “fund all activities under this subchapter (except administrative costs described in section 6022(d)(1) of this title) and to hire” for “hire”.

Subsec. (c)(2), (3). Pub. L. 101–496, §12(3), added par. (2) and redesignated former par. (2) as (3).

Subsec. (d)(1). Pub. L. 101–496, §12(4), substituted “and submit after consultation with” for “jointly with”.

1987—Subsec. (a). Pub. L. 100–146, §204(2), added subsec. (a) and struck out former subsec. (a) which related to membership of State Planning Councils. See subsec. (b)(1) to (5).

Subsec. (b). Pub. L. 100–146, §204(2), added subsec. (b). Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 100–146, §204(2), added subsec. (c).

Subsec. (d). Pub. L. 100–146, §204(1), redesignated subsec. (b) as (d), and in par. (1), struck out “or agencies” after “State agency” and substituted “including the specifications of Federal and State priority activities under section 6022(b)(5)(D)(i) of this title” for “, including the specification of services under section 6022(b)(4)(B) of this title”.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–146 effective Oct. 1, 1987, see section 601 of Pub. L. 100–146, set out as a note under section 6000 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1396u, 6001, 6022, 6025a, 6026 of this title; title 29 sections 725, 2212.