Code of Virginia

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Code of Virginia
Title 51.5. Persons with Disabilities
Chapter 7. Virginia Board for People with Disabilities
9/23/2021

Chapter 7. Virginia Board for People with Disabilities.

§ 51.5-31. Board created.

There shall be a Virginia Board for People with Disabilities, responsible to the Secretary of Health and Human Resources. The Board shall be composed of 39 members, to include the head or a person designated by the head of the Department for Aging and Rehabilitative Services, Department for the Deaf and Hard-of-Hearing, Department of Education, Department of Medical Assistance Services, Department of Behavioral Health and Developmental Services, and the Department for the Blind and Vision Impaired; one representative of the protection and advocacy entity; one representative of the university center for excellence in developmental disabilities; one representative each, to be appointed by the Governor, of a local governmental agency, a manufacturing or a retailing industry, a high-technology industry, a public transit interest, and a nongovernmental agency or group of agencies concerned with services for persons with developmental disabilities; a banking executive; one person with disabilities other than developmental disabilities; and 24 persons 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. Of the last 24 persons, one-third shall be persons with developmental disabilities; one-third shall be a combination of (i) parents or guardians of children with developmental disabilities and (ii) immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves; and one-third shall be a combination of (a) persons with developmental disabilities, (b) parents or guardians of children with developmental disabilities, and (c) immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves. At least one person shall be either (1) an immediate relative or guardian of a person who resides in or previously resided in an institution or (2) a person with a developmental disability who previously resided in an institution. Such persons shall not be employees of the Virginia Board for People with Disabilities or "managing employees," as defined by the Social Security Act (42 U.S.C. § 1320a-5), of any other entity that receives funds or provides services under Subtitle B of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (P.L. 106-402).

Each member appointed by the Governor shall be appointed for a four-year term. Members so appointed shall be subject to removal at the pleasure of the Governor. Any vacancy other than by expiration of a term shall be filled for the unexpired term. No person appointed by the Governor shall serve for more than two successive terms.

The Board shall elect its chairman.

1985, c. 421, § 51.01-31; 1989, c. 133; 1990, c. 458; 1992, c. 627; 2001, cc. 526, 546; 2003, c. 501; 2009, cc. 813, 840; 2012, cc. 803, 835; 2015, c. 523.

§ 51.5-32. Meetings; compensation.

The Board shall meet and report at least quarterly to the Secretary of Health and Human Resources.

Members of the Board shall receive no compensation for their services. Representatives appointed by the Governor shall be paid their necessary expenses incurred in the performance of their duties.

1985, c. 421, § 51.01-32.

§ 51.5-33. Powers and duties.

The Board shall have the following powers and duties:

1. To advise the Secretary of Health and Human Resources and Governor on issues and problems of interest to persons with disabilities and on such other matters as either the Secretary or the Governor may request;

2. Beginning July 1, 2017, to submit an annual report to the Governor, through the Secretary of Health and Human Resources, that provides an in-depth assessment of at least two major service areas for people with disabilities, to be determined by the Board, that (i) includes a description of critical issues and trend analyses, (ii) identifies the needs of persons with developmental and related disabilities, (iii) evaluates the effectiveness of services provided by state-supported programs, and (iv) makes programmatic and fiscal recommendations for improving services and supports. Once every four years, the Board shall make available to the public all the service areas it intends to review over the following four years and shall ensure that each of these service areas is reviewed at least once within such period.

3. To serve as the State Council on Developmental Disabilities for the administration of certain federal public health and welfare laws as provided in 42 U.S.C. § 15001;

4. To perform all duties and exercise all powers designated by federal law for such state councils on developmental disabilities, including the responsibility for planning activities on behalf of all developmentally disabled persons in the Commonwealth; for receiving, accounting for and disbursing federal funds; for developing and approving the state plan; and for monitoring and evaluating the implementation of such plan for the provision of services and facilities for persons with developmental disabilities;

5. To be responsible for obtaining information and data from within the Commonwealth, and from time to time, but not less than annually, to review and evaluate the state plan and submit such state plan, and revisions thereto, to the Governor and to the U.S. Secretary of Health and Human Services;

6. To hire and supervise the Director of the Board and prescribe his duties, including:

a. Hiring such staff and obtaining the service of such professional, technical, and clerical personnel necessary to carry out the Board's powers and duties; and

b. Accepting gifts and grants on behalf of the Commonwealth, in furtherance of the purpose of this Board.

1985, c. 421, § 51.01-33; 1990, c. 458; 1992, c. 627; 1995, c. 34; 2009, c. 516; 2012, cc. 803, 835; 2015, c. 523; 2016, c. 219.

§ 51.5-34. Repealed.

Repealed by Acts 1995, c. 34, cl. 2.

§ 51.5-35. Repealed.

Repealed by Acts 1992, c. 627.

§ 51.5-35.1. Repealed.

Repealed by Acts 2015, c. 123, cl. 1.