§15044 Administration

Summary

A State-run system with a multi-member board must pick its board under the system’s own rules but with limits. The board must broadly represent or know the needs of the people served. A majority of members must be either individuals with disabilities who are eligible for or have received services, or their parents, family members, guardians, advocates, or authorized representatives. The board may include a representative from the State Council on Developmental Disabilities, the State’s Centers, and the self-advocacy group named in section 15024(c)(4)(A)(ii)(I). No more than 1/3 of the board may be appointed by the chief executive officer of the State. The system must set term limits so members rotate, and any vacancy must be filled within 60 days. If a public system has no multi-member board, it must set up an advisory council with the same majority rule. A system may sue a State or a State agency on behalf of people with developmental disabilities. Money won by court judgment may only be used to further the program’s purposes and cannot be used to increase payments to legal contractors or to give personal bonuses. The system must use funds under this part in a way that follows section 14404. For audits, reports, or evaluations, the Secretary cannot force the program to reveal anyone’s identity or other personal information when that person asked for help. Before any Federal onsite review, the Secretary must give public notice, ask for comments, and prepare an onsite report with the results and the public comments. Starting in fiscal year 2002, each system must send the Secretary an annual report about the previous fiscal year that describes activities, accomplishments, spending, goals, barriers, and how public input was obtained and used.