TITLE 51.5. PERSONS WITH DISABILITIES.

§§ 51.5-3, 51.5-4, and 51.5-5 amended; § 51.5-14.01 added; §§ 51.5-5.1, 51.5-6, and 51.5-9.01 repealed.
Merger of Board of Rehabilitative Services and the State Rehabilitation Council. Eliminates the Board of Rehabilitative Services and merges its responsibilities into the State Rehabilitation Council. The responsibility of promulgating regulations regarding human research is also transferred to the Commissioner of the Department of Rehabilitative Services. The Board advises the Governor, Secretary of Health and Human Resources and the Department of Rehabilitative Services on the delivery of public services to and protection of the rights of persons with disabilities. The two collegial bodies share oversight responsibilities on two-thirds of the Department's programs. The Council's responsibilities can be naturally extended to include the other non-vocational rehabilitation programs of the Department. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). HB 1969; CH. 73/ SB 957; CH. 57.

§§ 51.5-23, 51.5-24, and 51.5-25 amended.
Persons with disabilities; community services. Broadens the goals of the program for community services for persons with disabilities to promote the philosophy of independent living and provide financial assistance for expanding and improving the provision of independent living services. Eligible applicants for grants must now be consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agencies and agencies must be established for the sole purpose of operating a center for independent living. Cities and counties will no longer be considered eligible providers and local governing bodies will no longer have the power to review the budgets of applicants. Specific independent living services to be provided shall be in accordance with the federal Rehabilitation Act of 1973, as amended. HB 2101; CH. 503.

§ 51.5-31 amended.
Virginia Board for People with Disabilities. Changes the membership of the Virginia Board for People with Disabilities to require that the representative of a nongovernmental agency or group of agencies be an actual provider of services for persons with developmental disabilities. HB 1987; CH. 501.

§ 51.5-39.2. See § 30-156; SB 1315.

§ 51.5-39.2 amended.
Virginia Office for Protection and Advocacy. Clarifies that all initial appointments and appointments to fill vacancies to the Virginia Board for Protection and Advocacy, regardless of appointing authority, i.e., the Governor, the Speaker of the House of Delegates, or the Senate Committee on Privileges and Elections, must be confirmed by the General Assembly. This bill is a technical correction to House Bill 9 of 2002. This bill contains an emergency clause. HB 1569; CH. 236 (effective 3/16/03).

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