§ 725. State Rehabilitation Council
(a)
Establishment
(1)
In general
Except as provided in section
721
(a)(21)(A)(i) of this title, to be eligible to receive financial assistance under this subchapter a State shall establish a State Rehabilitation Council (referred to in this section as the “Council”) in accordance with this section.
(2)
Separate agency for individuals who are blind
A State that designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind under section
721
(a)(2)(A)(i) of this title may establish a separate Council in accordance with this section to perform the duties of such a Council with respect to such State agency.
(b)
Composition and appointment
(1)
Composition
(A)
In general
Except in the case of a separate Council established under subsection (a)(2) of this section, the Council shall be composed of—
(i)
at least one representative of the Statewide Independent Living Council established under section
796d of this title, which representative may be the chairperson or other designee of the Council;
(ii)
at least one representative of a parent training and information center established pursuant to section 671 of the Individuals with Disabilities Education Act [20 U.S.C. 1471];
(iii)
at least one representative of the client assistance program established under section
732 of this title;
(iv)
at least one qualified vocational rehabilitation counselor, with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex officio, nonvoting member of the Council if the counselor is an employee of the designated State agency;
(ix)
in a State in which one or more projects are carried out under section
741 of this title, at least one representative of the directors of the projects;
(B)
Separate Council
In the case of a separate Council established under subsection (a)(2) of this section, the Council shall be composed of—
(iv)
at least one vocational rehabilitation counselor described in subparagraph (A)(iv), who shall serve as described in such subparagraph;
(vii)
at least one representative of a disability advocacy group representing individuals who are blind;
(C)
Exception
In the case of a separate Council established under subsection (a)(2) of this section, any Council that is required by State law, as in effect on October 29, 1992, to have fewer than 15 members shall be deemed to be in compliance with subparagraph (B) if the Council—
(2)
Ex officio member
The Director of the designated State unit shall be an ex officio, nonvoting member of the Council.
(3)
Appointment
Members of the Council shall be appointed by the Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this chapter in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. In selecting members, the appointing authority shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council.
(5)
Chairperson
(A)
In general
Except as provided in subparagraph (B), the Council shall select a chairperson from among the membership of the Council.
(B)
Designation by chief executive officer
In States in which the chief executive officer does not have veto power pursuant to State law, the appointing authority described in paragraph (3) shall designate a member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a member.
(6)
Terms of appointment
(c)
Functions of Council
The Council shall, after consulting with the State workforce investment board—
(1)
review, analyze, and advise the designated State unit regarding the performance of the responsibilities of the unit under this subchapter, particularly responsibilities relating to—
(2)
in partnership with the designated State unit—
(A)
develop, agree to, and review State goals and priorities in accordance with section
721
(a)(15)(C) of this title; and
(B)
evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the Commissioner in accordance with section
721
(a)(15)(E) of this title;
(3)
advise the designated State agency and the designated State unit regarding activities authorized to be carried out under this subchapter, and assist in the preparation of the State plan and amendments to the plan, applications, reports, needs assessments, and evaluations required by this subchapter;
(4)
to the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with—
(5)
prepare and submit an annual report to the Governor and the Commissioner on the status of vocational rehabilitation programs operated within the State, and make the report available to the public;
(6)
to avoid duplication of efforts and enhance the number of individuals served, coordinate activities with the activities of other councils within the State, including the Statewide Independent Living Council established under section
796d of this title, the advisory panel established under section 612(a)(20) of the Individuals with Disabilities Education Act [20 U.S.C. 1412
(a)(20)], the State Council on Developmental Disabilities established under section
15025 of title
42, the State mental health planning council established under section
300x–3
(a) of title
42, and the State workforce investment board;
(d)
Resources
(1)
Plan
The Council shall prepare, in conjunction with the designated State unit, a plan for the provision of such resources, including such staff and other personnel, as may be necessary and sufficient to carry out the functions of the Council under this section. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan.
(2)
Resolution of disagreements
To the extent that there is a disagreement between the Council and the designated State unit in regard to the resources necessary to carry out the functions of the Council as set forth in this section, the disagreement shall be resolved by the Governor consistent with paragraph (1).
(e)
Conflict of interest
No member of the Council shall cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest under State law.
(f)
Meetings
The Council shall convene at least four meetings a year in such places as it determines to be necessary to conduct Council business and conduct such forums or hearings as the Council considers appropriate. The meetings, hearings, and forums shall be publicly announced. The meetings shall be open and accessible to the general public unless there is a valid reason for an executive session.
(g)
Compensation and expenses
The Council may use funds allocated to the Council by the designated State unit under this subchapter (except for funds appropriated to carry out the client assistance program under section
732 of this title and funds reserved pursuant to section
730
(c) of this title to carry out part C of this subchapter) to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing the duties of the Council.
(h)
Hearings and forums
The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council.