View all text of Subpart 1 [§ 796 - § 796d-1]
§ 796d. Statewide Independent Living Council
(a) Establishment
(b) Composition and appointment
(1) Appointment
(2) CompositionThe Council shall include—
(A) among its voting members, at least 1 director of a center for independent living chosen by the directors of centers for independent living within the State;
(B) among its voting members, for a State in which 1 or more centers for independent living are run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations, at least 1 representative of the directors of such centers; and
(C) as ex officio, nonvoting members, a representative of the designated State entity, and representatives from State agencies that provide services for individuals with disabilities.
(3) Additional membersThe Council may include—
(A) other representatives from centers for independent living;
(B) individuals with disabilities;
(C) parents and guardians of individuals with disabilities;
(D) advocates of and for individuals with disabilities;
(E) representatives from private businesses;
(F) representatives from organizations that provide services for individuals with disabilities; and
(G) other appropriate individuals.
(4) Qualifications
(A) In generalThe Council shall be composed of members—
(i) who provide statewide representation;
(ii) who represent a broad range of individuals with disabilities from diverse backgrounds;
(iii) who are knowledgeable about centers for independent living and independent living services; and
(iv) a majority of whom are persons who are—(I) individuals with disabilities described in section 705(20)(B) of this title; and(II) not employed by any State agency or center for independent living.
(B) Voting membersA majority of the voting members of the Council shall be—
(i) individuals with disabilities described in section 705(20)(B) of this title; and
(ii) not employed by any State agency or center for independent living.
(5) Chairperson
(A) In general
(B) Designation by chief executive officer
(6) Terms of appointment
(A) Length of termEach member of the Council shall serve for a term of 3 years, except that—
(i) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and
(ii) the terms of service of the members initially appointed shall be (as specified by the appointing authority described in paragraph (3)) for such fewer number of years as will provide for the expiration of terms on a staggered basis.
(B) Number of terms
(7) Vacancies
(A) In general
(B) Delegation
(c) Functions
(1) DutiesThe Council shall—
(A) develop the State plan as provided in section 796c(a)(2) of this title;
(B) monitor, review, and evaluate the implementation of the State plan;
(C) meet regularly, and ensure that such meetings of the Council are open to the public and sufficient advance notice of such meetings is provided;
(D) submit to the Administrator such periodic reports as the Administrator may reasonably request, and keep such records, and afford such access to such records, as the Administrator finds necessary to verify the information in such reports; and
(E) as appropriate, coordinate activities with other entities in the State that provide services similar to or complementary to independent living services, such as entities that facilitate the provision of or provide long-term community-based services and supports.
(2) AuthoritiesThe Council may, consistent with the State plan described in section 796c of this title, unless prohibited by State law—
(A) in order to improve services provided to individuals with disabilities, work with centers for independent living to coordinate services with public and private entities;
(B) conduct resource development activities to support the activities described in this subsection or to support the provision of independent living services by centers for independent living; and
(C) perform such other functions, consistent with the purpose of this part and comparable to other functions described in this subsection, as the Council determines to be appropriate.
(3) Limitation
(d) Hearings and forums
(e) Plan
(1) In general
(2) Supervision and evaluation
(3) Conflict of interest
(f) Compensation and expenses
(Pub. L. 93–112, title VII, § 705, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1220; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(c)(7)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–416; Pub. L. 113–128, title IV, § 475, July 22, 2014, 128 Stat. 1687.)