Except as provided in section 721(a)(21)(A)(i) of this title, to be eligible to receive financial assistance under this subchapter a State shall establish a State Rehabilitation Council (referred to in this section as the "Council") in accordance with this section.
A State that designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind under section 721(a)(2)(A)(i) of this title may establish a separate Council in accordance with this section to perform the duties of such a Council with respect to such State agency.
Except in the case of a separate Council established under subsection (a)(2), the Council shall be composed of-
In the case of a separate Council established under subsection (a)(2), the Council shall be composed of-
In the case of a separate Council established under subsection (a)(2), any Council that is required by State law, as in effect on October 29, 1992, to have fewer than 15 members shall be deemed to be in compliance with subparagraph (B) if the Council-
The Director of the designated State unit shall be an ex officio, nonvoting member of the Council.
Members of the Council shall be appointed by the Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this chapter in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. In selecting members, the appointing authority shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council.
A majority of Council members shall be persons who are-
In the case of a separate Council established under subsection (a)(2), a majority of Council members shall be persons who are-
Except as provided in subparagraph (B), the Council shall select a chairperson from among the membership of the Council.
In States in which the chief executive officer does not have veto power pursuant to State law, the appointing authority described in paragraph (3) shall designate a member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a member.
Each member of the Council shall serve for a term of not more than 3 years, except that-
No member of the Council, other than a representative described in clause (iii) or (ix) of paragraph (1)(A), or clause (iii) or (x) of paragraph (1)(B), may serve more than two consecutive full terms.
Except as provided in subparagraph (B), any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.
The appointing authority described in paragraph (3) may delegate the authority to fill such a vacancy to the remaining members of the Council after making the original appointment.
The Council shall, after consulting with the State workforce development board-
The Council shall prepare, in conjunction with the designated State unit, a plan for the provision of such resources, including such staff and other personnel, as may be necessary and sufficient to carry out the functions of the Council under this section. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan.
To the extent that there is a disagreement between the Council and the designated State unit in regard to the resources necessary to carry out the functions of the Council as set forth in this section, the disagreement shall be resolved by the Governor consistent with paragraph (1).
Each Council shall, consistent with State law, supervise and evaluate such staff and other personnel as may be necessary to carry out its functions under this section.
While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State unit or any other agency or office of the State, that would create a conflict of interest.
No member of the Council shall cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest under State law.
The Council shall convene at least four meetings a year in such places as it determines to be necessary to conduct Council business and conduct such forums or hearings as the Council considers appropriate. The meetings, hearings, and forums shall be publicly announced. The meetings shall be open and accessible to the general public unless there is a valid reason for an executive session.
The Council may use funds allocated to the Council by the designated State unit under this subchapter (except for funds appropriated to carry out the client assistance program under section 732 of this title and funds reserved pursuant to section 730(c) of this title to carry out part C) to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing the duties of the Council.
The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council.
29 U.S.C. § 725
EDITORIAL NOTES
REFERENCES IN TEXTThe Individuals with Disabilities Education Act, referred to in subsec. (b)(1)(A)(x), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175. Part B of the Act is classified generally to subchapter II (§1411 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.The Assistive Technology Act of 1998, referred to in subsec. (c)(6), is Pub. L. 105-394, 112 Stat. 3627, which is classified principally to chapter 31 (§3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
PRIOR PROVISIONSA prior section 725, Pub. L. 93-112, title I, §105, as added Pub. L. 102-569, title I, §126(a), Oct. 29, 1992, 106 Stat. 4381; amended Pub. L. 103-73, title I, §107(d)(1), Aug. 11, 1993, 107 Stat. 721, related to State Rehabilitation Advisory Council, prior to the general amendment of this subchapter by Pub. L. 105-220.
AMENDMENTS2014-Subsec. (b)(1)(A)(ix). Pub. L. 113-128, §415(1)(A), added cl. (ix) and struck out former cl. (ix) which read as follows: "in a State in which one or more projects are carried out under section 741 of this title, at least one representative of the directors of the projects;".Subsec. (b)(1)(A)(xi). Pub. L. 113-128, §415(1)(B), substituted "State workforce development board" for "State workforce investment board". Subsec. (c). Pub. L. 113-128, §415(2)(A), substituted "State workforce development board" for "State workforce investment board" in introductory provisions.Subsec. (c)(6). Pub. L. 113-128, §415(2)(B), substituted "section 300x-3(a) of title 42 and the State workforce development board, and with the activities of entities carrying out programs under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);" for "section 300x-3(a) of title 42, and the State workforce investment board;".2004-Subsec. (b)(1)(A)(ii). Pub. L. 108-446, §305(h)(2), substituted "671 of the Individuals with Disabilities Education Act" for "682(a) of the Individuals with Disabilities Education Act (as added by section 101 of the Individuals with Disabilities Education Act Amendments of 1997; Public Law 105-17)".Subsec. (c)(6). Pub. L. 108-446, §305(h)(3), substituted "section 612(a)(20)" for "section 612(a)(21)" and "Individuals with" for "Individual with" and struck out "(as amended by section 101 of the Individuals with Disabilities Education Act Amendments of 1997; Public Law 105-17)" before ", the State Council". 2000-Subsec. (c)(6). Pub. L. 106-402 substituted "the State Council on Developmental Disabilities established under section 15025 of title 42" for "the State Developmental Disabilities Council described in section 6024 of title 42".1998-Subsec. (b)(3). Pub. L. 105-277, §101(f) [title VIII, §402(c)(6)(A)], substituted "Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this chapter in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity" for "Governor" in first sentence and "appointing authority" for "Governor" in second and third sentences.Subsec. (b)(4)(A)(i). Pub. L. 105-277, §101(f) [title VIII, §402(c)(6)(B)], substituted "section 705(20)(B)" for "section 705(20)(A)".Subsec. (b)(5)(B). Pub. L. 105-277, §101(f) [title VIII, §402(c)(6)(C)], substituted "chief executive officer" for "Governor" in heading and "appointing authority described in paragraph (3) shall" for "Governor shall" in text. Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105-277, §101(f) [title VIII, §402(c)(6)(D)], substituted "appointing authority described in paragraph (3)" for "Governor".
STATUTORY NOTES AND RELATED SUBSIDIARIES
DEFINITIONS OF TERMS IN PUB. L. 113-128 Except as otherwise provided, definitions in section 3 of Pub. L. 113-128 which is classified to section 3102 of this title, apply to this section.