Page:United States Statutes at Large Volume 114 Part 3.djvu/619

 PUBLIC LAW 106-402—OCT. 30, 2000 114 STAT. 1717 (C) the State has given timely notice and an opportunity for public comment in an accessible format to individuals with developmental disabilities or their representatives; and (D) the system has an opportunity to appeal the redesignation to the Secretary, on the basis that the redesignation was not for good cause. (b) AMERICAN INDIAN CONSORTIUM.— Upon application to the Secretary, an American Indian consortium established to provide protection and advocacy services under this subtitle, shall receive funding pursuant to section 142(a)(6) to provide the services. Such consortium shall be considered to be a system for purposes of this subtitle and shall coordinate the services with other systems serving the same geographic area. The tribal council that designates the consortium shall carry out the responsibilities and exercise the authorities specified for a State in this subtitle, with regard to the consortium. (c) RECORD.— In this section, the term "record" includes— (1) a report prepared or received by any staff at any location at which services, supports, or other assistance is provided to individuals with developmental disabilities; (2) a report prepared by an agency or staff person cheirged with investigating reports of incidents of abuse or neglect, injury, or death occurring at such location, that describes such incidents and the steps taken to investigate such incidents; and (3) a discharge planning record. SEC. 144. ADMINISTRATION. 42 USC 15044. (a) GrOVERNiNG BoARD. —In a state in which the system described in section 143 is organized as a private nonprofit entity with a multimember governing board, or a public system with a multimember governing board, such governing board shall be selected according to the policies and procedures of the system, except that— (1)(A) the governing board shall be composed of members who broadly represent or are knowledgeable about the needs of the individuals served by the system; (B) a majority of the members of the board shall be— (i) individuals with disabilities, including individuals with developmental disabilities, who are eligible for services, or have received or are receiving services through the system; or (ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i); and (C) the board may include a representative of the State Council on Developmental Disabilities, the Centers in the State, and the self-advocacy organization described in section 124(c)(4)(A)(ii)(I); (2) not more than Vz of the members of the governing board may be appointed by the chief executive officer of the State involved, in the case of any State in which such officer has the authority to appoint members of the board; (3) the membership of the governing board shall be subject to term limits set by the system to ensure rotating membership;

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