Page:United States Statutes at Large Volume 108 Part 5.djvu/457

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3947 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), 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). "(3) DOCUMENTATION OF COMPLIANCE. —Any State that has an existing Council shall include in a grant application submitted under section 705 and in subsequent annual progress reports submitted to the Secretary under section 710, 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). 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 part. 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). "(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 pa3anent for, family support services to families of children with disabilities.