(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) Obtain, evaluate, and disseminate, as appropriate, 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.

(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.

(10) Serve as the primary brain injury council for the State. In furtherance of this role, the Council shall:

a. Fulfill the duties and responsibilities set forth in paragraphs (b)(1) through (8) of this section with respect to persons with brain injuries;

b. Fulfill Council duties and responsibilities identified in the Concussion Protection in Youth Athletic Activities Act, codified at Chapter 30L of Title 16; and

c. Maintain a standing brain injury committee to facilitate prevention and centralized interdisciplinary planning, assessment, and an approved service delivery system for individuals with brain injury composed of the following members, or designees of such members:

1. Director of the Division of Public Health;

2. Director of the Division of Developmental Disabilities Services;

3. Director of the Division of Substance Abuse and Mental Health;

4. Director of the Division of Services for Aging and Adults with Physical Disabilities;

5. Director of the Division of Prevention and Behavioral Health Services;

6. Director of Division of Vocational Rehabilitation;

7. Exceptional Children Director of Department of Education;

8. Chair of Governor’s Advisory Council for Exceptional Citizens;

9. Chair of Developmental Disabilities Council;

10. Minimum of 3 survivors of brain injury or family members of such individuals; and

11. Representatives of prevention, planning, veterans and service delivery organizations appointed by the Council, including a representative of the state chapter of the Brain Injury Association of America and a representative of the “protection and advocacy agency” defined in § 1102 of Title 16.

(11) Serve as administrative agency for the Employment First Oversight Commission as established in § 745 of Title 19.

(c) For administrative purposes, this Council is placed within the Department of Safety and Homeland Security.

(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 Secretary of Transportation, or a designee of the Secretary.

(6) The following councils, committees, agencies, and organizations shall designate a representative to serve as a member of the Council:

a. Governor’s Advisory Council for Exceptional Citizens.

b. Developmental Disabilities Council.

c. Delaware protection and advocacy agency as defined in § 1102 of Title 16.

d. Division of Developmental Disabilities Services.

e. Division of Substance Abuse and Mental Health.

f. Division for the Visually Impaired.

g. Architectural Accessibility Board.

h. Delaware Transit Corporation.

i. Division of Services for Aging and Adults with Physical Disabilities.

j. Division of Public Health.

k. Delaware Office for the Deaf and Hard of Hearing.

l. Delaware Statewide Americans with Disabilities Act Coordinator.

m. State Rehabilitation Advisory Council for the Division of Vocational Rehabilitation.

n. 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.

(7) Individuals appointed by Council to ensure that at least 50% of the total membership are individuals with disabilities or family members of individuals 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 a person who has a physical or mental impairment that substantially limits 1 or more major life activities, a person who has a history or record of such an impairment, or a person who is regarded by others as having such an impairment.

(l) [Repealed.]

76 Del. Laws, c. 391, § ?11; 78 Del. Laws, c. 60, § ?1; 78 Del. Laws, c. 331, § ?2; 80 Del. Laws, c. 409, § ?2; 82 Del. Laws, c. 271, § ?1; 83 Del. Laws, c. 455, § 4; 83 Del. Laws, c. 513, § 1;