§15044 Administration

Summary

Pick the system’s governing board using the system’s own rules, but the board must meet specific limits. Most members must know or represent the people served. More than half of the board must be either people with disabilities who get or have gotten services, or their parents, family members, guardians, advocates, or authorized representatives. The board can include a representative from the State Council on Developmental Disabilities, the State Centers, and the named self-advocacy group. No more than one-third of members may be appointed by the State’s chief executive if that official has appointment power. The system must set term limits so membership rotates, fill any vacancy within 60 days, and if the State has no multi-member public board it must create an advisory council that advises on priorities and also has a majority of members who are people with developmental disabilities or their family/advocates. The system may sue a State or its agencies for individuals with developmental disabilities, but any money won by judgment may only be used to carry out the system’s purpose and not for extra payments to legal contractors or personal bonuses. The system must use funds consistent with section 14404 of this title. For audits or reports, the Secretary cannot force the program to reveal anyone’s identity or other personal information when someone asks for help. The Secretary must give public notice and ask for comments before any federal onsite review, include those comments in a written report, and send the report to the Governor and others. Beginning in fiscal year 2002, each system must send the Secretary an annual report on its activities, results, spending, goals, barriers, and how it got and used public input.