CHAPTER 29. GOVERNOR'S COUNCIL FOR PEOPLE WITH DISABILITIES
IC 4-23-29
Chapter 29. Governor's Council for People With Disabilities
IC 4-23-29-1
"Act" defined
Sec. 1. As used in this chapter, "act" refers to the federalDevelopmental Disabilities Assistance and Bill of Rights Act (42U.S.C. 6024) and subsequent amendments.
As added by P.L.21-2004, SEC.1.
IC 4-23-29-2
"Board" defined
Sec. 2. As used in this chapter, "board" refers to the board ofdirectors of the council.
As added by P.L.21-2004, SEC.1.
IC 4-23-29-3
"Council" defined
Sec. 3. As used in this chapter, "council" refers to the governor'scouncil for people with disabilities established by section 7 of thischapter.
As added by P.L.21-2004, SEC.1.
IC 4-23-29-4
"Developmental disability" defined
Sec. 4. (a) As used in this chapter, for an individual who is at leastfive (5) years of age, "developmental disability" means a severe,chronic disability that:
(1) is attributable to a mental or physical impairment orcombination of mental and physical impairments;
(2) is manifested before the individual is twenty-two (22) yearsof age;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitation in three (3) ormore areas of major life activity; and
(5) reflects the individual's need for special, interdisciplinaryservices, supports, or assistance that is of lifelong or extendedduration and is individually planned and coordinated.
(b) As used in this chapter, for an individual less than five (5)years of age, "developmental disability" means:
(1) substantial developmental delay; or
(2) specific congenital or acquired conditions;
with high probability of resulting in a developmental disabilitydescribed in subsection (a) if services are not provided.
As added by P.L.21-2004, SEC.1. Amended by P.L.2-2005, SEC.9.
IC 4-23-29-5
"Disability" defined
Sec. 5. As used in this chapter, "disability" means a physical ormental impairment that substantially limits one (1) or more major life
activities.
As added by P.L.21-2004, SEC.1.
IC 4-23-29-6
"Major life activity" defined
Sec. 6. As used in this chapter, "major life activity" includes thefollowing:
(1) Self-care.
(2) Receptive and expressive language.
(3) Learning.
(4) Mobility.
(5) Self-direction.
(6) Capacity for independent living.
(7) Economic self-sufficiency.
As added by P.L.21-2004, SEC.1.
IC 4-23-29-7
Council established
Sec. 7. The governor's council for people with disabilities isestablished to:
(1) implement the act;
(2) implement the policies established by the board; and
(3) receive grants from:
(A) the federal government;
(B) philanthropic foundations; and
(C) private sources.
As added by P.L.21-2004, SEC.1.
IC 4-23-29-8
Board of directors; membership
Sec. 8. (a) The board of directors of the council is established.
(b) The following ex officio members are nonvoting members ofthe board:
(1) The state superintendent of public instruction or thesuperintendent's designee.
(2) The secretary of family and social services or the secretary'sdesignee.
(3) The commissioner of the state department of health or thecommissioner's designee.
(c) The following ex officio members are voting members of theboard:
(1) The executive director of the Indiana protection andadvocacy services commission.
(2) The executive director of the university center forexcellence as designated under the act.
(d) The governor shall appoint the following fifteen (15) membersto the board for terms of three (3) years or until a successor isappointed:
(1) Three (3) individuals with developmental disabilities.
(2) Three (3) individuals who are: (A) parents of children with developmental disabilities; or
(B) immediate relatives or guardians of adults withdevelopmental disabilities.
(3) Two (2) individuals who may be:
(A) individuals with developmental disabilities; or
(B) parents, immediate relatives, or guardians of individualswith developmental disabilities.
(4) One (1) individual who is institutionalized or was previouslyinstitutionalized or the parent, immediate relative, or guardianof an individual who is institutionalized or was previouslyinstitutionalized.
(5) Two (2) individuals with disabilities representing localcommunity or statewide organizations whose stated missionincludes fostering the productivity, inclusion, and independenceof people with developmental disabilities.
(6) Two (2) individuals who represent:
(A) the community; or
(B) a business that has demonstrated a commitment toimplementing the federal Americans with Disabilities Act(42 U.S.C. 1201 et seq.).
(7) Two (2) individuals who represent providers of services topersons with disabilities, including the following:
(A) Special education programs.
(B) Independent living centers.
(C) Community based programs.
(D) Health care.
(E) Preschool, early intervention programs, or area agencieson aging.
(e) Of the individuals initially appointed by the governor, at leastseven (7) must be chosen from names submitted by the council forconsideration.
(f) Individuals appointed by the governor under subsection (d)(1)through (d)(5) serve at the pleasure of the governor and must havedemonstrated an active involvement in the development of disabilitypolicy by:
(1) serving on boards or commissions; or
(2) advocating;
on behalf of persons with disabilities.
(g) A member may not serve more than two (2) consecutive three(3) year terms. The governor shall make appointments not later thanOctober 1 of each year.
(h) Each member of the board who is not a state employee isentitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). Members are also entitled to reimbursement fortraveling expenses as provided under IC 4-13-1-4 and other expensesactually incurred in connection with the member's duties as providedin the state policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
(i) The governor shall appoint a chairperson of the board, who hasat least one (1) year of experience as a board member, from among
the members appointed by the governor.
(j) The board shall adopt policies and procedures to carry out theboard's duties under:
(1) the act; and
(2) this chapter.
(k) The affirmative votes of a majority of the voting membersappointed to the board are required for the board to take action onany measure.
As added by P.L.21-2004, SEC.1.
IC 4-23-29-9
Authority to contract
Sec. 9. The council may enter into contracts in accordance withIC 5-22.
As added by P.L.21-2004, SEC.1.
IC 4-23-29-10
Five year plan
Sec. 10. (a) The council shall develop and implement a five (5)year plan adopted by the board for persons with disabilities thatmeets the requirements of the act and this chapter.
(b) The council shall be funded with federal funds received.
(c) The council shall administer funds received from thefollowing:
(1) Grants.
(2) Contracts.
(3) Interagency agreements.
(d) The council shall finance and implement programs, projects,and activities required under the five (5) year plan adopted by theboard, including the following:
(1) Conducting hearings and forums that the council determinesnecessary to carry out the duties of the council.
(2) Conducting at least four (4) business meetings per calendaryear.
(3) Hiring, supervising, and evaluating an executive director.
(4) Maintaining sufficient staff, supervised by the executivedirector, to carry out the duties of the council.
(5) Entering into contracts for services to carry out the council'sfunctions.
As added by P.L.21-2004, SEC.1.
IC 4-23-29-11
Duties
Sec. 11. (a) The council shall advocate on behalf of persons withdisabilities by providing information and advice to:
(1) state and local officials;
(2) the governor;
(3) the general assembly; and
(4) the United States Congress.
(b) The council shall promote private and public sector
partnerships to advance:
(1) the act;
(2) the federal Americans with Disabilities Act;
(3) the federal Fair Housing Act; and
(4) other legislation that protects and benefits persons withdisabilities and families of individuals with disabilities.
(c) The council shall provide leadership in the development,adoption, and implementation of public policy to create partnershipsbetween the public and private sector to advance the goals of:
(1) independence;
(2) community inclusion;
(3) productivity; and
(4) integration;
of people with disabilities in all aspects of society.
(d) The council is designated as the single state agency toadminister the act.
As added by P.L.21-2004, SEC.1.