The Developmental Disabilities Assistance and Bill of Rights Act of 2000 (PL 106-402) requires members be appointed by the Governor of the State from among the residents of the State (Section 125(b)(1)(A)).
The DD Act indicates any State that receives assistance (funding) shall establish and maintain a Council to fulfill the responsibilities in Section 125(c) of the Act (Section 125(a)). In order to fulfill the responsibilities of the DD Act, Subtitle B, Council Responsibilities, Council members must be able to engage in activities such as decision making, planning, monitoring, and implementing the DD Council 5 Year plan. The DD Act does not exclude the mandated representatives of relevant State entity members from voting and participating in carrying out the Council responsibilities. Each member of the DD Council should have equal status and vote.