Virginia State Rehabilitation Council Bylaws

Article I: Name

The name of this Council shall be the Virginia State Rehabilitation Council, hereafter referred to as the “SRC”.

Article II: Function and Responsibilities

The SRC is established to fulfill the requirements of §51.5-4 of the Code of Virginia and the federal Rehabilitation Act of 1973, as amended. In fulfilling its mission, the SRC shall:

1. Review, analyze, and advise the Department of Rehabilitative Services (DRS) regarding the performance of the responsibilities of DRS under Title 1 of the Rehabilitation Act, particularly responsibilities relating to:
1. Eligibility, including order of selection;
2. The extent, scope, and effectiveness of services provided; and
3. Functions performed by DRS that affect or that potentially affect the ability of individuals with disabilities to achieve rehabilitation goals and objectives under Title 1 of the Rehabilitation Act, as amended.
   
2. In partnership with DRS:
1. Develop, agree to, and review State goals and priorities for carrying out the vocational rehabilitation program; and
2. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the Commissioner.
3. Advise DRS regarding activities authorized to be carried out under Title 1 of the Rehabilitation Act, as amended, and assist in the preparation of the State Plan and amendments to the plan, applications, reports, needs assessments, and evaluations required by Title 1.
4. To the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with:
   1. The functions performed by DRS;
   2. Vocational rehabilitation services provided by State agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals with disabilities under the Act; and
   3. Employment outcomes achieved by eligible individuals receiving vocational rehabilitation services, including the availability of health and other employment benefits in connection with such employment outcomes.
5. Prepare and submit an Annual Report to the Governor and the Commissioner of the Rehabilitation Services Administration on the status of vocational rehabilitation programs operated within the State, and make the report available to the public.
6. Coordinate with other councils within the State, including the Statewide Independent Living Council, the State Special Education Advisory Council, the State Developmental Disabilities Council, the State Mental Health Planning Council, and the Governor’s Work Force Investment Board.
7. Provide for coordination and the establishment of working relationships between DRS and the Statewide Independent Living Council and centers for independent living within the Commonwealth of Virginia.
8. Provide access to DRS.
9. Publicize the policies and programs of DRS in order to educate the public and elicit public support for DRS’ programs.
10. Advise the Governor, the Secretary of Health and Human Resources, the Commissioner, and the General Assembly on the delivery of public services to and the protection of the rights of persons with disabilities on matters relating to Title 51, and on such other matters as the Governor, Secretary, Commissioner, or the General Assembly may request.
11. Advise DRS on programmatic and fiscal policies governing the provision of services of DRS and the awarding of grants or contracts to any person or any public or private agency by DRS.
12. Review and comment on all budget and requests for appropriations for DRS prior to their submission to the Secretary of Health and Human Resources and the Governor and on all applications for federal funds.
13. Advise on such regulations as may be necessary to carry out the provisions of the laws of the Commonwealth administered by the DRS Commissioner.
14. Perform such as duties as may be prescribed to the SRC by Title I and Title VI of the federal Rehabilitation Act of 1973.

Article III: Composition

1. The SRC shall be composed of:
   1. at least one representative of the Statewide Independent Living Council;
   2. at least one representative of PEATC;
   3. at least one representative of the Client Assistance Program of the Virginia Office for Protection and Advocacy;
   4. at least one vocational rehabilitation counselor with knowledge of, and experience with, vocational rehabilitation programs, who shall serve as an ex-officio, non-voting member of the SRC if the counselor is an employee of DRS;
   5. at least one representative of the Employment Services Organizations;
   6. four representatives of business, industry and labor;
   7. representatives of disability advocacy groups representing a cross section of individuals with physical, cognitive, sensory, and mental disabilities; and representatives of individuals with disabilities who have difficulty representing themselves or are unable due to their disabilities to represent themselves;
   8. current or former applicants for, or recipients of, vocational rehabilitation services;
   9. at least one representative of the Virginia Department of Education, and
   10. at least one representative of the Virginia Workforce Council.
2. The Commissioner of DRS shall be an ex-officio nonvoting member.
3. A majority of the SRC members shall be persons who are individuals with disabilities and not employed by DRS.

Article IV: Appointment, Termination and Leadership

Section 1: Appointment

1. Members of the SRC shall be appointed by the Governor. The Governor shall select members after soliciting recommendations from representatives or organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. In selecting members, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the SRC.
2. The SRC shall recommend candidates to the Commissioner of DRS for transmittal to the Secretary of the Commonwealth.
3. Applications for appointment shall be submitted to the Secretary of the Commonwealth.

Section 2: Terms

1. A SRC member term is three (3) years in length.
2. No member of the SRC may serve more than two (2) consecutive terms and must be appointed to a second term by the Governor.
3. SRC members appointed to fill a vacancy of a partial completed term may fill the remainder of that term and two (2) additional full terms.

Section 3: Resignations and Terminations

1. SRC members who resign from the SRC prior to the end of their term shall submit a letter of resignation to the SRC Chair and the Secretary of the Commonwealth.
2. Termination at the completion of a member’s term shall be automatic and not require a formal written resignation.
3. SRC members leaving the SRC, either through resignation or at the end of their term, shall receive a recognition certificate acknowledging their service to the SRC.
4. Any vacancy occurring in the membership of the SRC shall be filled according to Article IV, Section 1. The vacancy shall not affect the power of the remaining members to execute the duties of the SRC.

Section 4: Election, Terms and Duties of the Chair and Vice-Chair

1. Election and Terms
   1. The SRC has two elected officers: Chair and Vice-Chair.
   2. The Chair and Vice Chair must be elected by the SRC’s membership at large and cannot be an employee of DRS.
   3. The SRC Chair shall appoint a nominating committee composed of members of the SRC to identify and recommend the candidates for Chair and Vice Chair.
   4. The Chair and Vice Chair shall be selected by a vote of the full SRC at the August meeting. Terms will begin effective October 1.
   5. The term of the Chair and Vice Chair is one year.
   6. If the Chair cannot complete his/her term, the Vice Chair will complete the remainder of the term.
   7. If the Vice Chair cannot complete his/her term, the SRC will elect a new Vice Chair at the next regularly scheduled meeting.
2. The duties of the Chair are:
   1. To preside at all scheduled meetings;
   2. To appoint all ad hoc committees, task forces and other subgroups of the SRC;
   3. Sign and/or authorize all letters, reports and official communications of the SRC;
   4. Serve as an ex-officio member of the committees; and
   5. Participate in the development of the SRC meeting agendas.
3. The duties of the Vice-Chair are:
1. Perform the duties of the Chair in the absence of the Chair;
2. Assist the Chair as requested; and
3. Serve as a voting member of a committee.

Section 5: Appointment, Terms and Duties of the Committee Chairs

1. Appointment and Terms
1. The Committee Chairs shall be appointed by the Chair at the November meeting.
2. The Committee Chairs shall serve a one year term, but may be reappointed for up to three consecutive years.
2. The duties of the Committee Chairs are:
   1. To preside at the Committee meetings;
   2. To report the Committee actions to the full SRC; and
   3. To participate in the development of the Committee agendas.

Section 6: New Member Orientation

1. Newly appointed members to the SRC will make every effort to attend a SRC new member orientation provided by DRS.
2. Newly appointed members will receive a copy of these Bylaws and other information pertinent to their duties, including information on the Virginia Freedom of Information Act and the Virginia Conflict of Interests Act.

Article V: Procedures

Section 1: Meetings

1. The SRC shall convene at least four meetings per year in such places as it determines necessary for the efficient and effective conduct of the SRC. It may also conduct forums or hearings as it determines necessary for the conduct of its duties.
2. All meetings shall comply with the requirements of the Virginia Freedom of Information “Act and shall be publicly announced, accessible and open to the public with a period of time allotted in the agenda for public comment.

Section 2: Quorum

1. The presence of at least 50% of the voting members shall constitute a quorum.
2. A quorum shall be required for any official action or vote of the SRC.
3. When a voting member is unable to attend a meeting, the member may give their proxy to another voting member; the proxy must be documented in writing (which includes e:mail) and given to voting member and the Chair 5 calendar days in advance of the meeting and will be identified at the beginning of the meeting.
4. In the absence of a quorum, the present members may continue to meet to hear informational items, but shall not take any official action.

Section 3: Voting

1. All appointed members, except ex officio members, having voting privileges.
2. Only members present at a schedule meeting may vote, unless they have a proxy.

Section 4: Attendance

1. A SRC member is expected to attend all regularly scheduled meetings. If, however, two consecutive meetings are missed without notice, the SRC may request the Governor to remove the member.

Section 5: Conflict of Interests

1. All appointed members shall annually complete a Conflict of Interests Statement which is submitted to the Secretary of the Commonwealth and shall participate in training on the Conflict of Interests Act as required by §2.1-3130 of the Code of Virginia.
2. No member of the SRC shall cast a vote on any matter that would provide direct benefit to, or otherwise create an actual conflict of interest for the member.

Section 6: Committees

1. The standing committees of the SRC shall be: Executive, External Affairs and Internal Affairs.
2. The Executive Committee shall be composed of the SRC Chair, Vice-Chair, Past Chair, and Internal Affairs and External Affairs Committee Chairs. The Executive Committee shall meet at the request of the Chair and meetings of the Executive Committee shall be open to all SRC members and the public.
3. The Internal Affairs and External Affairs Committees shall be composed of SRC members and each committee shall have a Chair.
4. The SRC Chair may establish such other committees or work groups as appropriate to conduct business.

Section 7: Staff Support, Compensation and Expenses

1. DRS shall provide such staff support as required to conduct the business of the SRC. On an annual basis, DRS will prepare a resources plan to be reviewed and approved by the SRC.
2. SRC members shall be reimbursed for expenses to attend scheduled meetings and other events in compliance with State travel regulations.
3. SRC members may choose to receive a $50 per day payment for attendance at regularly scheduled meetings as allowed by §2.2-2813 of the Code of Virginia.

Article VI: Bylaws

1. These bylaws may be amended if the proposed amendment is introduced at a regularly scheduled meeting. The amendment must be sent out with the agenda for the SRC meeting.
2. The proposed amendment shall be presented at one meeting and voted on at the subsequent meeting.
3. The bylaws may be amended upon a two-thirds vote of the SRC members in attendance, provided a quorum is present.
4. The bylaws and any subsequent amendments shall become effective upon review and approval of the SRC.

Article VII: Reporting and Dissemination

1. A SRC member shall not in writing or orally represent the SRC or SRC committee, task force, or workgroup with a position or opinion on an issue or subject as an official SRC position unless the SRC has previously recorded an official position on that issue or subject.
2. The draft and final minutes of the SRC meetings shall be distributed to the SRC and posted for public view consistent with the requirements of the Virginia Freedom of Information Act.