state planning councils

state planning councils Sec. 204. Section 124 is amended— (1) by redesignating subsection (b) as subsection (d) and, in paragraph (1) of such subsection— (A) by striking out “or agencies”; and (B) by striking out including the specification of services under section 122(b)(4)(B)” and inserting in lieu thereof the following: “including the specifications of Federal and State priority area activities under section 122(b)(5)(D)(i)”; and (2) by striking out subsection (a) and inserting in lieu thereof the following: “(a) Each State which receives assistance under this part shall establish a State Planning Council which will serve as an advocate for all persons with developmental disabilities. “(b) (1) The members of the State Planning Council of a State shall be appointed by the Governor of the State from among the residents of that State. 101 STAT. 850 “(2) The Governor of each State shall make appropriate provisions for the rotation of membership on the State Planning Council. “(3) Each State Planning Council shall at all times include in its membership representatives of the principal State agencies (including the State agency that administers funds provided under the Rehabilitation Act of 1973, the State agency that administers funds provided under the Education of the Handicapped Act, the State agency that administers funds provided under the Older Americans Act of 1965, and the State agency that administers funds provided under title XIX of the Social Security Act for persons with developmental disabilities), higher education training facilities, each university affiliated program or satellite center in the State, the State protection and advocacy system established under section 142, local agencies, and nongovernmental agencies and private nonprofit groups concerned with services for persons with developmental disabilities in that State. “(4) At least one-half of the membership of each State Planning Council shall consist of persons who— “(A) are persons with developmental disabilities; “(B) are parents or guardians of such persons; or “(C) are immediate relatives or guardians of persons with mentally impairing developmental disabilities, and who are not employees of a State agency which receives funds or provides services under this part, who are not managing employees (as defined in section 1126(b) of the Social Security Act) of any other entity which receives funds or provides services under this part, and who are not persons with an ownership or control interest (within the meaning of section 1124(a)(3) of the Social Security Act) with respect to such an entity. “(5) Of the members of the State Planning Council described in paragraph (4)— “(A) at least one-third shall be persons with developmental disabilities; and “(B) (i) at least one-third shall be individuals described in subparagraph (C) of paragraph (4), and (ii) at least one of such individuals shall be an immediate relative or guardian of an institutionalized or previously institutionalized person with a developmental disability. “(c) (1) Each State Planning Council may prepare and approve a budget using amounts paid to the State under this part to hire such staff and obtain the services of such professional, technical, and clerical personnel consistent with State law as the State Planning Council determines to be necessary to carry out its functions under this part. “(2) The staff and other personnel of a State Planning Council, while working for the State Planning Council, shall be responsible solely for assisting the State Planning Council in carrying out its duties under this part and shall not be assigned duties by the designated State agency or any other agency or office of the State.”.