Page:United States Statutes at Large Volume 114 Part 3.djvu/610

 114 STAT. 1708 PUBLIC LAW 106-402—OCT. 30, 2000 any policymaking authority or administrative authority over any program assisted under the RehabiHtation Act of 1973 (29 U.S.C. 701 et seq.) or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (d) DESIGNATED STATE AGENCY.— (1) IN GENERAL.— Each State that receives assistance under this subtitle shall designate a State agency that shall, on behalf of the State, provide support to the Council. After the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994 (Public Law 103-230), any designation of a State agency under this paragraph shall be made in accordance with the requirements of this subsection. (2) DESIGNATION.— (A) TYPE OF AGENCY. — Except as provided in this subsection, the designated State agency shall be— (i) the Council if such Council may be the designated State agency under the laws of the State; (ii) a State agency that does not provide or pay for services for individuals with developmental disabilities; or (iii) a State office, including the immediate office of the Governor of the State or a State planning office. (B) CONDITIONS FOR CONTINUATION OF STATE SERVICE AGENCY DESIGNATION.— (i) DESIGNATION BEFORE ENACTMENT. — If a State agency that provides or pays for services for individuals with developmental disabilities was a designated State agency for purposes of part B of the Developmental Disabilities Assistance and Bill of Rights Act on the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994, and the Governor of the State (or the legislature, where appropriate and in accordance with State law) determines prior to June 30, 1994, not to change the designation of such agency, such agency may continue to be a designated State agency for purposes of this subtitle. (ii) CRITERIA FOR CONTINUED DESIGNATION.—The determination, at the discretion o£ the Governor (or the legislature, as the case may be), shall be made after— (I) the Governor has considered the comments and recommendations of the general public and a majority of the non-State agency members of the Council with respect to the designation of such State agency; and (II) the Governor (or the legislature, as the case may be) has made an independent assessment that the designation of such agency will not interfere with the budget, personnel, priorities, or other action of the Council, and the ability of the Council to serve as an independent advocate for individuals with developmental disabilities. (C) REVIEW OF DESIGNATION.— The Council may request a review of and change in the designation of the designated State agency by the Governor (or the legislature, as the case may be). The Council shall provide documentation

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