§ 8210. State Council for Persons with Disabilities.
(a) There is hereby established a State Council for Persons with Disabilities.
(b) This Council shall have the following duties and responsibilities:
(1) Promote coordination among all state programs, services and plans established for or related to persons with disabilities.
(2) Review, on a continuing basis, all state policies, plans, programs and activities concerning persons with disabilities which are conducted or assisted, in whole or part, by state departments, agencies or funds in order to determine whether such policies, programs, plans and activities effectively meet the needs of persons with disabilities.
(3) Make recommendations to the Governor, the General Assembly and all state departments and agencies respecting ways to improve the administration of services for persons with disabilities, and for facilitating the implementation of new or expanded programs.
(4) Provide the Governor, the General Assembly, all interested agencies and the general public with review and comment on all state legislative proposals affecting people with disabilities.
(5) Provide policymakers and the general public with analyses and recommendations on federal and local governmental legislation, regulations and policies affecting state programs and persons with disabilities.
(6) Propose and promote legislation, regulations and policies to improve the well-being of persons with disabilities.
(7) Serve as a central state clearinghouse for information and data regarding:
(2) Review, on a continuing basis, all state policies, plans, programs and activities concerning persons with disabilities which are conducted or assisted, in whole or part, by state departments, agencies or funds in order to determine whether such policies, programs, plans and activities effectively meet the needs of persons with disabilities.
(3) Make recommendations to the Governor, the General Assembly and all state departments and agencies respecting ways to improve the administration of services for persons with disabilities, and for facilitating the implementation of new or expanded programs.
(4) Provide the Governor, the General Assembly, all interested agencies and the general public with review and comment on all state legislative proposals affecting people with disabilities.
(5) Provide policymakers and the general public with analyses and recommendations on federal and local governmental legislation, regulations and policies affecting state programs and persons with disabilities.
(6) Propose and promote legislation, regulations and policies to improve the well-being of persons with disabilities.
(7) Serve as a central state clearinghouse for information and data regarding:
a. The current numbers of persons with disabilities and their needs;
b. The location, provision and availability of services and programs for persons with disabilities;
c. Any other relevant information and data about persons with disabilities which the council deems appropriate.
b. The location, provision and availability of services and programs for persons with disabilities;
c. Any other relevant information and data about persons with disabilities which the council deems appropriate.
(8) Prepare and submit to the Governor and the General Assembly an annual report of the activities of the Council and the status of services and programs for persons with disabilities.
(9) Serve as advisory council for the Community-Based Attendant Services program established by Chapter 94 of Title 16.
(c) For administrative purposes, this Council is placed within the Department of Safety and Homeland Security.(9) Serve as advisory council for the Community-Based Attendant Services program established by Chapter 94 of Title 16.
(d) This Council shall consist of the following members:
(1) The Secretary of Health and Social Services, or a designee of the Secretary;
(2) The Secretary of Labor, or a designee of the Secretary;
(3) The Secretary of Education, or a designee of the Secretary;
(4) The Secretary of Services to Children, Youth and Their Families, or a designee of the Secretary;
(5) The following councils, committees, agencies and organizations shall elect 1 of their members to serve as a member of the Council:
(2) The Secretary of Labor, or a designee of the Secretary;
(3) The Secretary of Education, or a designee of the Secretary;
(4) The Secretary of Services to Children, Youth and Their Families, or a designee of the Secretary;
(5) The following councils, committees, agencies and organizations shall elect 1 of their members to serve as a member of the Council:
a. The Governor's Advisory Council for Exceptional Citizens;
b. Developmental Disabilities Council;
c. Governor's Committee on Employment of Persons with Disabilities;
d. Advisory Council to the Division of Developmental Disabilities Services;
e. Advisory Council to the Division of Substance Abuse and Mental Health;
f. Architectural Accessibility Board;
g. Delaware Transit Corporation;
h. Council on Services for Aging and Adults with Physical Disabilities;
i. Advisory Council on Public Health;
j. Council on Deaf and Hard of Hearing Equality;
k. Criminal Justice Council;
l. State Rehabilitation Advisory Council; and
m. Other councils, committees, agencies and organizations as approved by both the State Council for Persons with Disabilities and the affected council, committee, agency or organization;
b. Developmental Disabilities Council;
c. Governor's Committee on Employment of Persons with Disabilities;
d. Advisory Council to the Division of Developmental Disabilities Services;
e. Advisory Council to the Division of Substance Abuse and Mental Health;
f. Architectural Accessibility Board;
g. Delaware Transit Corporation;
h. Council on Services for Aging and Adults with Physical Disabilities;
i. Advisory Council on Public Health;
j. Council on Deaf and Hard of Hearing Equality;
k. Criminal Justice Council;
l. State Rehabilitation Advisory Council; and
m. Other councils, committees, agencies and organizations as approved by both the State Council for Persons with Disabilities and the affected council, committee, agency or organization;
(6) Individuals appointed by Council to ensure that at least 50% of the total membership are individuals with disabilities or family members with disabilities. At least 33% of the total membership shall be composed of individuals with disabilities.
(e) Any vacancy of a representative position under paragraphs (d)(1)-(5) of this section shall be filled by the respective council, committee, agency or organization within 1 month.(f) Any member who misses either 3 consecutive meetings or 4 out of any 12 consecutive meetings shall be presumed to have resigned from the Council.
(g) Members of the Council shall serve without compensation, except that they may be reimbursed by the Department of Safety and Homeland Security for reasonable and necessary expenses incident to their duties as members of the Council to the extent funds are available therefore and in accordance with state law.
(h) The Council shall elect its own Chairperson.
(i) The Council shall determine its meeting schedule, but there shall not be less than 4 meetings each calendar year, open to the public, held in an accessible place and with reasonable accommodations as requested.
(j) A simple majority of the total membership shall constitute a quorum which shall be necessary to vote on any issue.
(k) As used in this section, “persons with disabilities” means any person who has a physical or mental impairment which substantially limits 1 or more major life activities, has a record of such impairment.
(l) For purposes of this section, the operations and activities of the Division for the Visually Impaired and the Governor's Advisory Council on the Blind shall be exempt from the purview of the State Council for Persons with Disabilities.
( 76 Del. Laws, c. 391, § 11.; )
