
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-402 Section 401(b)(3)(A)]
[CITE: 29USC725]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
            SUBCHAPTER I--VOCATIONAL REHABILITATION SERVICES
 
                       Part A--General Provisions
 
Sec. 725. State Rehabilitation Council


(a) Establishment

                           (1) In general

        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.

          (2) Separate agency for individuals who are blind

        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.

(b) Composition and appointment

                           (1) Composition

        (A) In general

            Except in the case of a separate Council established under 
        subsection (a)(2) of this section, the Council shall be composed 
        of--
                (i) at least one representative of the Statewide 
            Independent Living Council established under section 796d of 
            this title, which representative may be the chairperson or 
            other designee of the Council;
                (ii) at least one representative of a parent training 
            and information center established pursuant to section 
            682(a) of the Individuals with Disabilities Education Act 
            [20 U.S.C. 1482(a)] (as added by section 101 of the 
            Individuals with Disabilities Education Act Amendments of 
            1997; Public Law 105-17);
                (iii) at least one representative of the client 
            assistance program established under section 732 of this 
            title;
                (iv) at least one qualified vocational rehabilitation 
            counselor, with knowledge of and experience with vocational 
            rehabilitation programs, who shall serve as an ex officio, 
            nonvoting member of the Council if the counselor is an 
            employee of the designated State agency;
                (v) at least one representative of community 
            rehabilitation program service providers;
                (vi) four representatives of business, industry, and 
            labor;
                (vii) representatives of disability advocacy groups 
            representing a cross section of--
                    (I) individuals with physical, cognitive, sensory, 
                and mental disabilities; and
                    (II) individuals' representatives of individuals 
                with disabilities who have difficulty in representing 
                themselves or are unable due to their disabilities to 
                represent themselves;

                (viii) current or former applicants for, or recipients 
            of, vocational rehabilitation services;
                (ix) 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;
                (x) at least one representative of the State educational 
            agency responsible for the public education of students with 
            disabilities who are eligible to receive services under this 
            subchapter and part B of the Individuals with Disabilities 
            Education Act [20 U.S.C. 1411 et seq.]; and
                (xi) at least one representative of the State workforce 
            investment board.

        (B) Separate Council

            In the case of a separate Council established under 
        subsection (a)(2) of this section, the Council shall be composed 
        of--
                (i) at least one representative described in 
            subparagraph (A)(i);
                (ii) at least one representative described in 
            subparagraph (A)(ii);
                (iii) at least one representative described in 
            subparagraph (A)(iii);
                (iv) at least one vocational rehabilitation counselor 
            described in subparagraph (A)(iv), who shall serve as 
            described in such subparagraph;
                (v) at least one representative described in 
            subparagraph (A)(v);
                (vi) four representatives described in subparagraph 
            (A)(vi);
                (vii) at least one representative of a disability 
            advocacy group representing individuals who are blind;
                (viii) at least one individual's representative, of an 
            individual who--
                    (I) is an individual who is blind and has multiple 
                disabilities; and
                    (II) has difficulty in representing himself or 
                herself or is unable due to disabilities to represent 
                himself or herself;

                (ix) applicants or recipients described in subparagraph 
            (A)(viii);
                (x) in a State described in subparagraph (A)(ix), at 
            least one representative described in such subparagraph;
                (xi) at least one representative described in 
            subparagraph (A)(x); and
                (xii) at least one representative described in 
            subparagraph (A)(xi).

        (C) Exception

            In the case of a separate Council established under 
        subsection (a)(2) of this section, 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--
                (i) meets the requirements of subparagraph (B), other 
            than the requirements of clauses (vi) and (ix) of such 
            subparagraph; and
                (ii) includes at least--
                    (I) one representative described in subparagraph 
                (B)(vi); and
                    (II) one applicant or recipient described in 
                subparagraph (B)(ix).

                        (2) Ex officio member

        The Director of the designated State unit shall be an ex 
    officio, nonvoting member of the Council.

                           (3) Appointment

        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.

                         (4) Qualifications

        (A) In general

            A majority of Council members shall be persons who are--
                (i) individuals with disabilities described in section 
            705(20)(B) of this title; and
                (ii) not employed by the designated State unit.

        (B) Separate Council

            In the case of a separate Council established under 
        subsection (a)(2) of this section, a majority of Council members 
        shall be persons who are--
                (i) blind; and
                (ii) not employed by the designated State unit.

                           (5) Chairperson

        (A) In general

            Except as provided in subparagraph (B), the Council shall 
        select a chairperson from among the membership of the Council.

        (B) Designation by chief executive officer

            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.

                      (6) Terms of appointment

        (A) Length of term

            Each member of the Council shall serve for a term of not 
        more than 3 years, except that--
                (i) a member appointed to fill a vacancy occurring prior 
            to the expiration of the term for which a predecessor was 
            appointed, shall be appointed for the remainder of such 
            term; and
                (ii) the terms of service of the members initially 
            appointed shall be (as specified by the appointing authority 
            described in paragraph (3)) for such fewer number of years 
            as will provide for the expiration of terms on a staggered 
            basis.

        (B) Number of terms

            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.

                            (7) Vacancies

        (A) In general

            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.

        (B) Delegation

            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.

(c) Functions of Council

    The Council shall, after consulting with the State workforce 
investment board--
        (1) review, analyze, and advise the designated State unit 
    regarding the performance of the responsibilities of the unit under 
    this subchapter, particularly responsibilities relating to--
            (A) eligibility (including order of selection);
            (B) the extent, scope, and effectiveness of services 
        provided; and
            (C) functions performed by State agencies that affect or 
        that potentially affect the ability of individuals with 
        disabilities in achieving employment outcomes under this 
        subchapter;

        (2) in partnership with the designated State unit--
            (A) develop, agree to, and review State goals and priorities 
        in accordance with section 721(a)(15)(C) of this title; and
            (B) evaluate the effectiveness of the vocational 
        rehabilitation program and submit reports of progress to the 
        Commissioner in accordance with section 721(a)(15)(E) of this 
        title;

        (3) advise the designated State agency and the designated State 
    unit regarding activities authorized to be carried out under this 
    subchapter, and assist in the preparation of the State plan and 
    amendments to the plan, applications, reports, needs assessments, 
    and evaluations required by this subchapter;
        (4) to the extent feasible, conduct a review and analysis of the 
    effectiveness of, and consumer satisfaction with--
            (A) the functions performed by the designated State agency;
            (B) vocational rehabilitation services provided by State 
        agencies and other public and private entities responsible for 
        providing vocational rehabilitation services to individuals with 
        disabilities under this chapter; and
            (C) employment outcomes achieved by eligible individuals 
        receiving services under this subchapter, including the 
        availability of health and other employment benefits in 
        connection with such employment outcomes;

        (5) prepare and submit an annual report to the Governor and the 
    Commissioner on the status of vocational rehabilitation programs 
    operated within the State, and make the report available to the 
    public;
        (6) to avoid duplication of efforts and enhance the number of 
    individuals served, coordinate activities with the activities of 
    other councils within the State, including the Statewide Independent 
    Living Council established under section 796d of this title, the 
    advisory panel established under section 612(a)(21) of the 
    Individual \1\ with Disabilities Education Act [20 U.S.C. 
    1412(a)(21)] (as amended by section 101 of the Individuals with 
    Disabilities Education Act Amendments of 1997; Public Law 105-17), 
    the State Council on Developmental Disabilities established under 
    section 15025 of title 42, the State mental health planning council 
    established under section 300x-3(a) of title 42, and the State 
    workforce investment board;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``Individuals''.
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        (7) provide for coordination and the establishment of working 
    relationships between the designated State agency and the Statewide 
    Independent Living Council and centers for independent living within 
    the State; and
        (8) perform such other functions, consistent with the purpose of 
    this subchapter, as the State Rehabilitation Council determines to 
    be appropriate, that are comparable to the other functions performed 
    by the Council.

(d) Resources

                              (1) Plan

        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.

                   (2) Resolution of disagreements

        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).

                   (3) Supervision and evaluation

        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.

                 (4) Personnel conflict of interest

        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.

(e) 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.

(f) Meetings

    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.

(g) Compensation and expenses

    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 of this subchapter) 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.

(h) Hearings and forums

    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.

(Pub. L. 93-112, title I, Sec. 105, as added Pub. L. 105-220, title IV, 
Sec. 404, Aug. 7, 1998, 112 Stat. 1151; amended Pub. L. 105-277, div. A, 
Sec. 101(f) [title VIII, Sec. 402(c)(6)], Oct. 21, 1998, 112 Stat. 2681-
337, 2681-415; Pub. L. 106-402, title IV, Sec. 401(b)(3)(A), Oct. 30, 
2000, 114 Stat. 1737.)

                       References in Text

    The 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, as amended. Part B of the Act is classified generally to 
subchapter II (Sec. 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.


                            Prior Provisions

    A prior section 725, Pub. L. 93-112, title I, Sec. 105, as added 
Pub. L. 102-569, title I, Sec. 126(a), Oct. 29, 1992, 106 Stat. 4381; 
amended Pub. L. 103-73, title I, Sec. 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.


                               Amendments

    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, Sec. 101(f) [title VIII, 
Sec. 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, Sec. 101(f) [title VIII, 
Sec. 402(c)(6)(B)], substituted ``section 705(20)(B)'' for ``section 
705(20)(A)''.
    Subsec. (b)(5)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 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, Sec. 101(f) [title 
VIII, Sec. 402(c)(6)(D)], substituted ``appointing authority described 
in paragraph (3)'' for ``Governor''.

                  Section Referred to in Other Sections

    This section is referred to in sections 705, 721, 727, 796d of this 
title.
