Under the authority of Sections 1 and 24, Article III of the Alaska Constitution, AS 14.30.231 and AS 44.19.880(c), I hereby order that the Developmental Disabilities Planning Council, established by the commissioner of the Department of Health and Social Services under the authority of AS 18.05.031(a)(3) and the Special Education Advisory Council, established by the
commissioners of the Departments of Health and Social Services and Education under the authority of AS 14.30.231, be combined into one planning council entitled the Alaska Advisory Council for Persons with Developmental Handicaps.

The purpose of this merger is to- enhance effective coordination between the Department of Education and the Department of Health and Social Services in rendering services to Alaska residents with developmental handicaps.

The Alaska Advisory Council for Persons with Developmental Handicaps is established as follows:

1. The council is to be responsible to the Department of Health and Social Services and the Department of Education. Administration of funds received under P.L. 94-103 is to remain with the Department of Health and Social Services. Administration of funds received under P.L. 94-142 is to remain with the Department of Education.

2. The council is to be composed of 21 members appointed by the Governor in conformance with P.L. 94-103 and P.L. 94-142, and AS 14.30.231. Seven members must be representatives of principal state agencies; seven members must be persons with developmental disabilities, or parents or guardians of such persons; seven members must be representatives from the public at large and from groups concerned with or providing services to persons with developmental handicaps. In addition, for purposes of continuity, the current members of each of the existing councils will be appointed to the new council.

3. Terms of service for council members, except for the seven representatives from principal state agencies, are to be for three years. Of the 14 initial non-state-agency appointees, four members are to serve for one year; five members are to serve for two years; and five members are to serve for three years. State agency representatives are to serve for an indefinite period of time, depending on their position and the pleasure of the Governor, with recommendations by coimnissioners. A vacancy occurring in the membership of the council is to be filled by appointment of the Governor for the unexpired portion of the vacated term. Council members are to serve at the pleasure of the Governor, notwithstanding their terms of office. The council, by a majority of its membership, is to elect a chairman and vice chairman.

4. Members of the council are not entitled to receive a salary but are entitled to per diem and reimbursement for travel and other expenses as authorized by law for boards.

5. The council shall:

(a) serve as a forum where issues and benefits regarding current and potential services to persons with developmental handicaps may be discussed by consumer, public, private, professional, and lay interests;

(b) advocate the needs of persons with developmental handicaps before the executive and legislative branches of the state government and before the public;

(c) advise the executive and legislative branches of the state government and the private sector on programs and policies pertaining to current and potential services to persons with developmental handicaps and their families, including but not limited to the type, range and availability of services administered by state and local governmental agencies and private organizations;

(d) submit periodic reports to the commissioner of health and social services and the commissioner of education on the effects of current federal and state programs regarding services to persons with developmental handicaps, including program performance reports to the commissioners of state departments, the Governor, and the federal government, as required by P.L. 94-103 and P.L. 94-142;

(e) in consultation with the departments specified above, develop, prepare, adopt, and periodically review and revise as necessary an annual plan prescribing programs which meet the needs of persons with developmental handicaps as required under P.L. 94-103 and P.L. 94-142;

(f) review and comment to commissioners of health and social services and education on all state plans and proposed regulations relating to programs for persons with developmental handicaps;

(g) state the priorities and specifications for the use of funds received by the state under P.L. 94-103 and P.L. 94-142, as amended;

(h) submit annually to the commissioner of health and social services and the commissioner of education a proposed interdepartmental program budget for services to persons with developmental handicaps which includes, insofar as possible, projected expenditures for programs implemented by state agencies, local governmental agencies, and private organizations; the interdepartment program budget shall be an informational supplement to the regular annual budgetary submissions of the departments to the Office of the Governor.

(i) provide information and guidance for the development of appropriate special education programs and services for gifted children as defined in AS 14.30.350(1) (E) and (2).

This order takes effect on ____________________________.

DONE at Juneau, Alaska on __________________________.

S/S Jay S. Hammond
Jay S. Hammond  
Governor of Alaska