42 U.S.C. § 15044

Administration

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(a) Governing boardIn a State in which the system described in section 15043 of this title is organized as a private nonprofit entity with a multimember governing board, or a public system with a multimember governing board, such governing board shall be selected according to the policies and procedures of the system, except that—(1)(A) the governing board shall be composed of members who broadly represent or are knowledgeable about the needs of the individuals served by the system;(B) a majority of the members of the board shall be—(i) individuals with disabilities, including individuals with developmental disabilities, who are eligible for services, or have received or are receiving services through the system; or(ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i); and(C) the board may include a representative of the State Council on Developmental Disabilities, the Centers in the State, and the self-advocacy organization described in section 15024(c)(4)(A)(ii)(I) of this title;(2) not more than ⅓ of the members of the governing board may be appointed by the chief executive officer of the State involved, in the case of any State in which such officer has the authority to appoint members of the board;(3) the membership of the governing board shall be subject to term limits set by the system to ensure rotating membership;(4) any vacancy in the board shall be filled not later than 60 days after the date on which the vacancy occurs; and(5) in a State in which the system is organized as a public system without a multimember governing or advisory board, the system shall establish an advisory council—(A) that shall advise the system on policies and priorities to be carried out in protecting and advocating the rights of individuals with developmental disabilities; and(B) on which a majority of the members shall be—(i) individuals with developmental disabilities who are eligible for services, or have received or are receiving services, through the system; or(ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i).(b) Legal action(1) In general

Nothing in this subchapter shall preclude a system from bringing a suit on behalf of individuals with developmental disabilities against a State, or an agency or instrumentality of a State.

(2) Use of amounts from judgment

An amount received pursuant to a suit described in paragraph (1) through a court judgment may only be used by the system to further the purpose of this part and shall not be used to augment payments to legal contractors or to award personal bonuses.

(3) Limitation

The system shall use assistance provided under this part in a manner consistent with section 14404 of this title.

For purposes of any periodic audit, report, or evaluation required under this part, the Secretary shall not require an entity carrying out a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such program.

(d) Public notice of Federal onsite review

The Secretary shall provide advance public notice of any Federal programmatic or administrative onsite review of a system conducted under this part and solicit public comment on the system through such notice. The Secretary shall prepare an onsite visit report containing the results of such review, which shall be distributed to the Governor of the State and to other interested public and private parties. The comments received in response to the public comment solicitation notice shall be included in the onsite visit report.

(e) Reports

Beginning in fiscal year 2002, each system established in a State pursuant to this part shall annually prepare and transmit to the Secretary a report that describes the activities, accomplishments, and expenditures of the system during the preceding fiscal year, including a description of the system’s goals, the extent to which the goals were achieved, barriers to their achievement, the process used to obtain public input, the nature of such input, and how such input was used.

(Pub. L. 106–402, title I, § 144, Oct. 30, 2000, 114 Stat. 1717.)

Notes of Decisions

Cited in 13 cases (5 in the last 5 years), 2007–2025 · leading case: Indiana Prot. & Advocacy Servs. v. Indiana Fam. & Soc. Servs. Admin., 603 F.3d 365 (7th Cir. 2010).

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Indiana Prot. & Advocacy Servs. v. Indiana Fam. & Soc. Servs. Admin., 603 F.3d 365 (7th Cir. 2010). · cites it 2× “42 U.S.C. § 15044 (a) (Developmental Disabilities and Bill of Rights Act), incorporated by reference in 42 U.”

Virginia v. Reinhard, 568 F.3d 110 (4th Cir. 2009). · cites it 2× “See 42 U.S.C. §§ 15044 (a), 10805(c)(1)(B); 45 C.”

Hawai'i Disability Rights Cent v. Christina Kishimoto, 122 F.4th 353 (9th Cir. 2024). · cites it 2× “” 42 U.S.C. § 15044 (a)(1)(A); see Mink, 322 F.”

Disability Advocates, Inc. v. New York Coalition for Quality Assisted Living, Inc., 675 F.3d 149 (2d Cir. 2012). “42 U.S.C. § 15044 (a), incorporated by reference in 42 U.”

In re the Guardianship of Lamb, 265 P.3d 876 (Wash. 2011). “42 U.S.C. § 15044 (a)(l)(B)(ii). The Hardmans may continue to advocate on behalf of their developmentally disabled wards, but when they are exercising their own political voice and where their services do not serve a particular ward’s individualized needs, they are not entitled…”

Ind. Prot. & Adv. Servs. v. Ind. Fam. & Soc., 603 F.3d 365 (7th Cir. 2010). · cites it 2× “42 U.S.C. § 15044 (a) (Developmental Disabilities and Bill of Rights Act), incorporated by reference in 42 U.”

Hawai'i Disability Rights Ctr. v. Cheung, 513 F. Supp. 2d 1185 (D. Haw. 2007). · cites it 3× “Cf 42 U.S.C. § 15044 (b)(1) (declining to limit a state system’s remedies to bring suit against the state, an agency, or an instrumentality of the state on behalf of individuals with developmental disabilities).”

Disability Rights New York v. The State of New York (E.D.N.Y 2024). · cites it 3× “See 42 U.S.C. §§ 15044 (a), 10805(c)(1)(B). As of 2011, all 50 states were accepting funds under these statutes, see Stewart, 563 U.”

M.G. v. Scrase (D.N.M. 2024). · cites it 2× “42 U.S.C. § 15044 (b)(1). “Developmental disability” is defined as follows: (A) In general The term “developmental disability” means a severe, chronic disability of an individual that-- (i) is attributable to a mental or physical impairment or combination of mental and physical…”

A.H. v. N.Y. State Dep't of Health (2d Cir. 2025). · cites it 2× “” 42 U.S.C. § 15044 (b)(1). That is consistent with a P&A System’s ability to bring claims as a legal advocate for its constituents, and it does not necessarily authorize the System to act as a representational plaintiff.”

Disability Rights Pennsylvania v. Pennsylvania Dep't of Human Servs. (M.D. Penn. 2020). “” 42 U.S.C. § 15044 (a)(1)(A). A majority of the board’s members must be individuals with disabilities who are eligible for, receive, or have received services through the system, or individuals closely related to those individuals.”

Disability Rights Tennessee v. Middle Tennessee Det. Ctr., LLC (M.D. Tenn. 2025). “42 U.S.C. § 15044 (b)(2). Neither party provides the Court with binding Sixth Circuit authority on this issue; however, the Seventh Circuit addressed the viability of a Section 1983 claim when a P&A system sought records under the PAIMI Act.”

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