1995 US Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER IX - FAMILY SUPPORT
Sec. 1491f - State Policy Council for family support for families of children with disabilities

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§1491f. State Policy Council for family support for families of children with disabilities (a) Designation or establishment

A State that desires to receive financial assistance under this subchapter shall, prior to the receipt of funds under this subchapter, designate an existing Council, or establish a new Council, to be considered as a State Policy Council for Families of Children with Disabilities.

(b) Use of existing Council (1) In general

To the extent that a State has an existing Council, the existing Council shall be considered in compliance with this section if the existing Council meets the requirements under paragraph (2).

(2) Requirements

An existing Council shall—

(A) include a majority of members who are family members of children with disabilities and who are children with disabilities (from age 18 to 21);

(B) in the case in which the existing Council does not represent the full range of families and individuals described in subsection (d)(1) of this section, adopt strategies that will ensure the full participation of such families and individuals in all activities carried out by the Council; and

(C) carry out functions and authorities that are comparable to the functions and authorities described in subsections (e) through (h) of this section.

(3) Documentation of compliance

Any State that has an existing Council shall include in a grant application submitted under section 1491d of this title and in subsequent annual progress reports submitted to the Secretary under section 1491i of this title, a description of the measures that are being taken or that are planned, to ensure that the existing Council of the State complies with this section.

(c) Appointments to new Council (1) Members

To the extent that a State establishes a new Council, members of the new Council shall be appointed by the Chief Executive Officer of the State or the appropriate official within the State responsible for making appointments in accordance with subsection (d) of this section. The appointing authority shall select members after soliciting recommendations from the State Developmental Disabilities Council, parent or family organizations, and other organizations representing the full range of disabilities covered under this subchapter. The appointing authority shall ensure that the membership of the new Council reasonably represents the population of the State and shall establish guidelines for the terms of the members of the new Council.

(2) Chairperson

The new Council shall elect a member of the new Council to serve as the Chairperson of the new Council. The Chairperson shall be a family member, as described in subsection (d)(1) of this section.

(d) Composition

The new Council shall be composed of—

(1) a majority of members who are—

(A) individuals who are family members of children with disabilities, are eligible for family support, and represent the diversity of families within the State, including those families from unserved and underserved populations; and

(B) children with disabilities, from age 18 to 21, and are representative of the demographics of the State;

(2) members—

(A) who are from State agencies with significant responsibility for the provision of, or payment for, family support services to families of children with disabilities, and who have sufficient authority to engage in policy planning and implementation on behalf of such agencies; and

(B) who are from the office of the Chief Executive Officer of the State with responsibility with respect to budget and finance; and

(3) such additional members as the appointing authority considers appropriate.

(e) Functions

The new Council shall—

(1) establish formal policies regarding the operation of the new Council;

(2) advise and assist the lead entity in the performance of responsibilities described in section 1491e(a) of this title, particularly the promotion of interagency agreements and the promotion of meaningful participation by families in all aspects of the statewide system of family support for families of children with disabilities;

(3) advise and assist State agencies in the development of policies and procedures relating to the provision of family support for families of children with disabilities in the State;

(4) advise and assist the lead entity in the development of all aspects of a strategic plan under section 1491h of this title, including—

(A) the mission, purpose, and principles of the statewide system of family support for families of children with disabilities;

(B) the statement of family-centered outcomes;

(C) the goals, objectives, and activities;

(D) the quality improvement or quality enhancement system;

(E) the appeals process;

(F) the eligibility criteria to be used for all programs, projects, and activities carried out under this subchapter;

(G) the analysis of the extent to which family support for families of children with disabilities is defined as a benefit and not as income; and

(H) the approach to the evaluation of the statewide system of family support for families of children with disabilities;

(5) advise and assist the lead entity in the implementation of systems change activities;

(6) advise and assist the lead entity in assessing family satisfaction with the statewide system of family support for families of children with disabilities;

(7) review, analyze, and comment on the strategic plan and updates to the plan, progress reports, and annual budgets;

(8) advise and assist the lead entity in the identification of Federal and State barriers that impede the development of a statewide system of family support for families of children with disabilities; and

(9) prepare and submit to the Chief Executive Officer of the State, the State legislature, and to the Secretary an annual report on the status of family support services for families of children with disabilities, and make such report available to the public.

(f) Hearings and forums

The new Council is authorized to hold such hearings and forums as the new Council may determine to be necessary to carry out the duties of the new Council.

(g) Conflict of interest

No member of the new Council shall cast a vote on any matter that would provide direct financial benefit to such member or otherwise give the appearance of a conflict of interest under applicable State law.

(h) Compensation and expenses

The new Council may, consistent with State law, use such resources to reimburse members of the new Council for reasonable and necessary expenses of attending the new Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the new Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties.

(Pub. L. 91–230, title VI, §707, as added Pub. L. 103–382, title III, §315, Oct. 20, 1994, 108 Stat. 3946.)

Section Referred to in Other Sections

This section is referred to in sections 1491b, 1491d of this title.