Sec. 8. (a) The board of directors of the council is established.
(b) The following ex officio members are nonvoting members of the board:
(1) The secretary of education or the secretary's designee.
(2) The secretary of family and social services or the secretary's designee.
(3) The commissioner of the state department of health or the commissioner's designee.
(c) The following ex officio members are voting members of the board:
(1) The executive director of the Indiana protection and advocacy services commission.
(2) The executive director of the university center for excellence as designated under the act.
(d) The governor shall appoint the following fifteen (15) members to the board for terms of three (3) years or until a successor is appointed:
(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 with developmental disabilities.
(3) Two (2) individuals who may be:
(A) individuals with developmental disabilities; or
(B) parents, immediate relatives, or guardians of individuals with developmental disabilities.
(4) One (1) individual who is institutionalized or was previously institutionalized or the parent, immediate relative, or guardian of an individual who is institutionalized or was previously institutionalized.
(5) Two (2) individuals with disabilities representing local community or statewide organizations whose stated mission includes fostering the productivity, inclusion, and independence of people with developmental disabilities.
(6) Two (2) individuals who represent:
(A) the community; or
(B) a business that has demonstrated a commitment to implementing the federal Americans with Disabilities Act (42 U.S.C. 12101 et seq.).
(7) Two (2) individuals who represent providers of services to persons 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 agencies on aging.
(e) Of the individuals initially appointed by the governor, at least seven (7) must be chosen from names submitted by the council for consideration.
(f) Individuals appointed by the governor under subsection (d)(1) through (d)(5) serve at the pleasure of the governor and must have demonstrated an active involvement in the development of disability policy 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 than October 1 of each year.
(h) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Members are also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(i) The governor shall appoint a chairperson of the board, who has at 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 the board's duties under:
(1) the act; and
(2) this chapter.
(k) The affirmative votes of a majority of the voting members appointed to the board are required for the board to take action on any measure.
As added by P.L.21-2004, SEC.1. Amended by P.L.7-2015, SEC.2; P.L.43-2021, SEC.21.
Structure Indiana Code
Title 4. State Offices and Administration
Article 23. Boards and Commissions
Chapter 29. Governor's Council for People With Disabilities
4-23-29-4. "Developmental Disability" Defined
4-23-29-5. "Disability" Defined
4-23-29-6. "Major Life Activity" Defined
4-23-29-7. Council Established
4-23-29-8. Board of Directors; Membership