Page:United States Statutes at Large Volume 108 Part 1.djvu/328

 108 STAT. 302 PUBLIC LAW 103-230—APR. 6, 1994 the provisions of subsections (a), (b), and (c). The Secretary may not finally disapprove a State plan except after providing reasonable notice and an opportunity for a hearing to the State.". SEC. 204. HABILITATION PLANS. Section 123 (42 U.S.C. 6023) is repealed. SEC. 205. COUNCILS. Section 124 (42 U.S.C. 6024) is amended to read as follows: "SEC. 124. STATE DEVELOPMENTAL DISABILITIES COUNCILS AND DES- IGNATED STATE AGENCIES. "(a) IN GENERAL.— Each State that receives assistance under this part shall establish and maintain a State Developmental Disabilities Council (hereafter in this section referred to as the 'Council') to promote, through systemic change, capacity building, and advocacy activities (consistent with section 101(c)(2)), the development of a consumer and family-centered comprehensive system and a coordinated array of culturally competent services, supports and other assistance designed to achieve independence, productivity, and integration and inclusion into the community for individuals with developmental disabilities. The Council shall have the authority to fulfill its responsibilities described in subsection (c). " (b) COUNCIL MEMBERSHIP. — "(1) COUNCIL APPOINTMENTS.— The members of the Council of a State shall be appointed by the Grovernor of the State from among the residents of that State. The Governor shall select members of the Council, at his or her discretion, 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 request of the (jovemor, coordinate Council and public input to the Governor regarding all recommendations. To the extent feasible, 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, when vacancies remgiin unfilled for a significant period of time. "(3) REPRESENTATION OF AGENCIES AND ORGANIZATIONS.— Each Council shall at all times include representatives of the principal State agencies (including the State agencies that administer funds provided under the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act, the Older Americans Act, and title XIX of the Social Security Act), institutions of higher education, each university affiliated program in the State established under part D, the State protection and advocacy system established under part C, and local agencies, nongovernmental agencies, and private nonprofit groups concerned with services for individuals with developmental

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