Home > 106th Congressional Bills > S. 1809 (is) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in Senate] ...S. 1809 (is) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in Senate] ...
take into account and respond to significant comments.
(2) Consultation with the designated state agency.--Before
the plan is submitted to the Secretary, the Council shall
consult with the designated State agency to ensure that the
State plan is consistent with State law and to obtain
appropriate State plan assurances.
(3) Plan approval.--The Secretary shall approve any State
plan and, as appropriate, amendments of such plan that comply
with the provisions of subsections (a), (b), and (c) and this
subsection. The Secretary may take final action to disapprove a
State plan after providing reasonable notice and an opportunity
for a hearing to the State.
SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND DESIGNATED
STATE AGENCIES.
(a) In General.--Each State that receives assistance under this
subtitle shall establish and maintain a Council to undertake advocacy,
capacity building, and systemic change activities (consistent with
subsections (b) and (c) of section 101) 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 subtitle. 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
disabilities.--Not 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 subtitle, 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 subtitle.
(4) Representation of agencies and organizations.--
(A) In general.--Each 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 limitations.--The 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
124(c)(5)(D).
(5) Composition of membership with developmental
disabilities.--Of the members of the Council described in
paragraph (3)--
(A) \1/3\ shall be individuals with developmental
disabilities described in paragraph (3)(A)(i);
(B) \1/3\ 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) \1/3\ shall be a combination of individuals
described in paragraph (3)(A).
(6) Institutionalized individuals.--
(A) In general.--Of the members of the Council
described in paragraph (5), at least 1 shall be an
immediate relative or guardian of an individual with a
developmental disability who resides or previously
resided in an institution or shall be an individual
with a developmental disability who resides or
previously resided in an institution.
(B) Limitation.--Subparagraph (A) shall not apply
with respect to a State if such an individual does not
reside in that State.
(c) Council Responsibilities.--
(1) In general.--A Council, through Council members, staff,
consultants, contractors, or subgrantees, shall have the
responsibilities described in paragraphs (2) through (10).
(2) Advocacy, capacity building, and systemic change
activities.--The Council shall serve as an advocate for
individuals with developmental disabilities and conduct or
support programs, projects, and activities that carry out the
purpose of this subtitle.
(3) Examination of goals.--At the end of each grant year,
each Council shall--
(A) determine the extent to which each goal of the
Council was achieved for that year;
(B) determine to the extent that each goal was not
achieved, the factors that impeded the achievement;
(C) determine needs that require amendment of the
5-year strategic State plan required under section 124;
(D) separately determine the information on the
self-advocacy goal described in section
124(c)(4)(A)(ii); and
(E) determine customer satisfaction with Council
supported or conducted activities.
(4) State plan development.--The Council shall develop the
State plan and submit the State plan to the Secretary 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.
(5) State plan implementation.--
(A) In general.--The Council shall implement the
State plan by conducting and supporting advocacy,
capacity building, and systemic change activities such
as those described in subparagraphs (B) through (L).
(B) Outreach.--The Council may support and conduct
outreach activities to identify individuals with
developmental disabilities and their families who
otherwise might not come to the attention of the
Council and assist and enable the individuals and
families to obtain services, individualized supports,
and other forms of assistance, including access to
special adaptation of generic community services or
specialized services.
(C) Training.--The Council may support and conduct
training for persons who are individuals with
developmental disabilities, their families, and
personnel (including professionals, paraprofessionals,
students, volunteers, and other community members) to
enable such persons to obtain access to, or to provide,
community services, individualized supports, and other
forms of assistance, including special adaptation of
generic community services or specialized services for
individuals with developmental disabilities and their
families. To the extent that the Council supports or
conducts training activities under this subparagraph,
such activities shall contribute to the achievement of
the purpose of this subtitle.
(D) Technical assistance.--The Council may support
and conduct technical assistance activities to assist
public and private entities to contribute to the
achievement of the purpose of this subtitle.
(E) Supporting and educating communities.--The
Council may support and conduct activities to assist
neighborhoods and communities to respond positively to
individuals with developmental disabilities and their
families--
(i) by encouraging local networks to
provide informal and formal supports;
(ii) through education; and
(iii) by enabling neighborhoods and
communities to offer such individuals and their
families access to and use of services,
resources, and opportunities.
(F) Interagency collaboration and coordination.--
The Council may support and conduct activities to
promote interagency collaboration and coordination to
better serve, support, assist, or advocate for
individuals with developmental disabilities and their
families.
(G) Coordination with related councils, committees,
and programs.--The Council may support and conduct
activities to enhance coordination of services with--
(i) other councils, entities, or
committees, authorized by Federal or State law,
concerning individuals with disabilities (such
as the State interagency coordinating council
established under subtitle C of the Individuals
with Disabilities Education Act (20 U.S.C. 1431
et seq.), the State Rehabilitation Council and
the Statewide Independent Living Council
established under the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.), the State mental
health planning council established under
subtitle B of title XIX of the Public Health
Service Act (42 U.S.C. 300x-1 et seq.), and the
activities authorized under section 101 or 102
of the Assistive Technology Act of 1998 (29
U.S.C. 3011, 3012), and entities carrying out
other similar councils, entities, or
committees);
(ii) parent training and information
centers under part D of the Individuals with
Disabilities Education Act (20 U.S.C. 1451 et
seq.) and other entities carrying out federally
funded projects that assist parents of children
with disabilities; and
(iii) other groups interested in advocacy,
capacity building, and systemic change
activities to benefit individuals with
disabilities.
(H) Barrier elimination, systems design and
redesign.--The Council may support and conduct
activities to eliminate barriers to assess and use of
community services by individuals with developmental
disabilities, enhance systems design and redesign, and
enhance citizen participation to address issues
identified in the State plan.
(I) Coalition development and citizen
participation.--The Council may support and 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, education of policymakers, and citizen
leadership skills.
(J) Informing policymakers.--The Council may
support and conduct activities to provide information
to policymakers by supporting and conducting studies
and analyses, gathering information, and developing and
disseminating model policies and procedures,
information, approaches, strategies, findings,
conclusions, and recommendations. The Council may
provide the information directly to Federal, State, and
local policymakers, including Congress, the Federal
executive branch, the Governors, State legislatures,
and State agencies, in order to increase the ability of
such policymakers to offer opportunities and to enhance
or adapt generic services to meet the needs of, or
provide specialized services to, individuals with
developmental disabilities and their families.
(K) Demonstration of new approaches to services and
supports.--
(i) In general.--The Council may support
and conduct, on a time-limited basis,
activities to demonstrate new approaches to
serving individuals with developmental
disabilities that are a part of an overall
strategy for systemic change. The strategy may
involve the education of policymakers and the
public about how to deliver effectively, to
individuals with developmental disabilities and
their families, services, supports, and
assistance that contribute to the achievement
of the purpose of this subtitle.
(ii) Sources of funding.--The Council may
carry out this subparagraph by supporting and
conducting demonstration activities through
sources of funding other than funding provided
under this subtitle, and by assisting entities
conducting demonstration activities to develop
strategies for securing funding from other
sources.
(L) Other activities.--The Council may support and
conduct other advocacy, capacity building, and systemic
change activities to promote the development of 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 subtitle.
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