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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6343with paragraph (a)(1)(i) of this sectionand conducts a review and analysis ofthe effectiveness of and consumersatisfaction with vocationalrehabilitation services and providers, inaccordance with the provisions of§ 361.17(h)(3), is responsible underState law for operating or overseeing theoperation of the vocationalrehabilitation services for allindividuals in the State, exceptindividuals who are blind; and(ii) The State has established a StateRehabilitation Advisory Council thatmeets the criteria in § 361.17 and carriesout the duties of a Council with respectto functions for, and services providedto, individuals who are blind.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Sec. 101(a)(32) and 101(a)(36) ofthe Act; 29 U.S.C. 721(a)(32) and 721(a)(36))§ 361.17 Requirements for a StateRehabilitation Advisory Council.If the State plan contains an assurancethat the State has established a Councilunder § 361.16(a)(2), (b)(3)(ii), or(b)(4)(ii), the State plan must alsocontain an assurance that the Councilmeets the following requirements:(a) Appointment. (1) The members ofthe Council shall be—(i) Appointed by the Governor; or(ii) If State law vests appointmentauthority in an entity other than, or inconjunction with, the Governor (such asone or more houses of the Statelegislature or an independent board thathas general appointment authority),appointed by that entity or entities.(2) The appointing authority shallselect members of the Council aftersoliciting recommendations fromrepresentatives of organizationsrepresenting a broad range ofindividuals with disabilities andorganizations interested in individualswith disabilities.(b) Composition.—(1) General. Exceptas provided in paragraph (b)(3) of thissection, the Council shall be composedof at least 13 members, including—(i) At least one representative of theStatewide Independent Living Council,who shall be the chairperson of, or otherindividual recommended by, theStatewide Independent Living Council;(ii) At least one representative of aparent training and information centerestablished pursuant to section 631(e)(1)of IDEA;(iii) At least one representative of theClient Assistance Program (CAP),established under 34 CFR Part 370, whoshall be the director of, or otherindividual recommended by, the CAP;(iv) At least one vocationalrehabilitation counselor with knowledgeof and experience with vocationalrehabilitation programs who serves asan ex officio, nonvoting member ifemployed by the designated Stateagency;(v) At least one representative ofcommunity rehabilitation programservice providers;(vi) Four representatives of business,industry, and labor;(vii) Representatives of disabilitygroups that include a cross section of—(A) Individuals with physical,cognitive, sensory, and mentaldisabilities; and(B) Parents, family members,guardians, advocates, or authorizedrepresentatives of individuals withdisabilities who have difficultyrepresenting themselves due to theirdisabilities;(viii) Current or former applicants for,or recipients of, vocationalrehabilitation services; and(ix) The director of the designatedState unit as an ex officio, nonvotingmember.(2) Employees of the designated Stateagency. Employees of the designatedState agency may serve only asnonvoting members of the Council.(3) Composition of a separate Councilfor a separate State agency forindividuals who are blind. Except asprovided in paragraph (b)(4) of thissection, if the State establishes aseparate Council for a separate Stateagency for individuals who are blind,that Council shall—(i) Conform with all of thecomposition requirements for a Councilunder paragraph (b)(1) of this section,except the requirements in paragraph(b)(1)(vii), unless the exception inparagraph (b)(4) of this section applies;and(ii) Include—(A) At least one representative of adisability advocacy group representingindividuals who are blind; and(B) At least one parent, familymember, guardian, advocate, orauthorized representative of anindividual who is blind, has multipledisabilities, and has difficultyrepresenting himself or herself due todisabilities.(4) Exception. If State law in effect onOctober 29, 1992 requires a separateCouncil under paragraph (b)(3) of thissection to have fewer than 13 members,the separate Council is deemed to be incompliance with the compositionrequirements in paragraphs (b)(1)(vi)and (b)(1)(viii) of this section if itincludes at least one representative whomeets the requirements for each of thoseparagraphs.(c) Majority. A majority of the Councilmembers shall be individuals withdisabilities who are not employed bythe designated State unit.(d) Chairperson. The chairpersonshall be—(1) Selected by the members of theCouncil from among the votingmembers of the Council, subject to theveto power of the Governor; or(2) If the Governor does not have vetopower pursuant to State law, selected bythe Governor, or by the Council ifrequired by the Governor, from amongthe voting members of the Council.(e) Terms of appointment. (1) Eachmember of the Council shall beappointed for a term of no more thanthree years and may serve for no morethan two consecutive full terms.(2) A member appointed to fill avacancy occurring prior to the end ofthe term for which the predecessor wasappointed shall be appointed for theremainder of the predecessor’s term.(3) The terms of service of themembers initially appointed must be forvaried numbers of years to ensure thatterms expire on a staggered basis.(f) Vacancies. (1) A vacancy in themembership of the Council must befilled in the same manner as the originalappointment.(2) No vacancy affects the power ofthe remaining members to execute theduties of the Council.(g) Conflict of interest. No member ofthe Council shall cast a vote on anymatter that would provide directfinancial benefit to the member or themember’s organization or otherwise givethe appearance of a conflict of interestunder State law.(h) Functions. The Council shall—(1) Review, analyze, and advise thedesignated State unit regarding theperformance of the State unit’sresponsibilities under this part,particularly responsibilities related to—(i) Eligibility, including order ofselection;(ii) The extent, scope, andeffectiveness of services provided; and(iii) Functions performed by Stateagencies that affect or potentially affectthe ability of individuals withdisabilities to achieve rehabilitationgoals and objectives under this part;(2) Advise, and at the discretion of theState agency assist, the State unit in thepreparation of applications, the Stateplan, the strategic plan, andamendments to the plans, reports, needsassessments, and evaluations requiredby this part;(3) To the extent feasible, conduct areview and analysis of the effectivenessof, and consumer satisfaction with—(i) The functions performed by Stateagencies and other public and private