67-6704. COMPOSITION. (1) The council shall consist of twenty-three (23) members to be appointed by the governor, at least sixty percent (60%) of whom shall be individuals with developmental disabilities, parents or guardians of children with developmental disabilities, or immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves. These members shall not represent any other category of membership.

(2) At least five (5) of the members shall be persons with a developmental disability, and at least seven (7) of the members shall be parents or guardians of children with a developmental disability. One (1) additional member shall be either a person with a developmental disability or the parent of a child with a developmental disability. These members shall not be employees of a state agency that receives funds or provides services under P.L. 106-402 or managing employees of any other entity that receives funds or provides services under P.L. 106-402. For purposes of this subsection, "managing employee" shall have the same meaning as in 42 U.S.C. 1320a-5(b).

(3) The principal state agencies concerned with services or programs affecting individuals with developmental disabilities shall be represented as members of the council, including entities responsible for administering funds under:

(a) The rehabilitation act of 1973 (29 U.S.C. 701 et seq.);

(b) The individuals with disabilities education act (20 U.S.C. 1400 et seq.);

(c) The older Americans act of 1965 (42 U.S.C. 3001 et seq.);

(d) Titles V and XIX of the social security act (42 U.S.C. 701 et seq. and 42 U.S.C. 1396 et seq.).

(4) The council shall also have representation from:

(a) The state protection and advocacy organization;

(b) The university center for excellence in developmental disabilities education, research and service.

One (1) representative may represent more than one (1) program or service.

(5) The remainder of the members shall be representatives of local and nongovernmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities pursuant to P.L. 106-402 and council bylaws required by section 67-6707(2), Idaho Code.

(6) The membership of the council shall be geographically representative of the state and reflect the diversity of the state with respect to race and ethnicity.

History:

[67-6704, added 1978, ch. 269, sec. 1, p. 620; am. 1986, ch. 28, sec. 1, p. 81; am. 2002, ch. 113, sec. 4, p. 321; am. 2016, ch. 42, sec. 1, p. 92.]