In this subtitle the following words have the meanings indicated. “Board” means the Interagency Disabilities Board. “Commission” means the Maryland Commission on Disabilities. “Department” means the Department of Disabilities. “Disability” has the meaning stated in the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12102. “Secretary” means the Secretary of Disabilities. “Unit of State government” means a department, agency, office, commission, council, or other unit in the Executive Branch of the State government.

There is a Department of Disabilities, established as a principal department of State government.

With the advice and consent of the Senate, the Governor shall appoint the Secretary of Disabilities. The Secretary is the head of the Department. The Secretary shall: have extensive experience and knowledge of disability laws, legislation, and regulations, and programs for individuals with disabilities; at a minimum, hold a bachelor’s degree; and be an individual with a disability or appoint a deputy secretary who is an individual with a disability. Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution. The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters. The Secretary is entitled to the compensation provided in the State budget.

The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient operation of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

With the approval of the Governor, the Secretary shall appoint a deputy secretary. The deputy secretary shall be an individual with a disability, if the Secretary is not an individual with a disability. The deputy secretary: serves at the pleasure of the Secretary; and is entitled to the compensation provided in the State budget. The deputy secretary has the duties provided by law or delegated by the Secretary.

In accordance with the State budget, the Secretary may employ a staff. Unless otherwise provided by law, the Secretary shall appoint and remove all staff in accordance with the provisions of the State Personnel and Pensions Article. The Secretary may review any personnel action taken by any unit in the Department.

The Attorney General is the legal adviser to the Department. The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law to be assigned to the Department. The Attorney General shall designate one of the assistant Attorneys General assigned to the Department as counsel to the Department and may not reassign that individual without consulting with the Secretary. The counsel to the Department shall have only the following duties: to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department; to supervise the other assistant Attorneys General assigned to the Department; and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform the duties under paragraph (2) of this subsection subject to the control and supervision of the Attorney General.

The Secretary shall adopt regulations for the Department and its units. The Secretary may adopt regulations necessary to carry out the provisions of law that are within the jurisdiction of the Secretary.

There is a State Coordinator for Autism Strategy in the Department. The Governor shall appoint the State Coordinator for Autism Strategy. The State Coordinator for Autism Strategy, in consultation with the Advisory Stakeholder Group on Autism–Related Needs established under § 7–112 of this subtitle, shall: identify and evaluate existing public, private, and nonprofit services for individuals with autism and their families; on or before July 1, 2021, develop a strategic plan for addressing autism–related needs in the State, including, at a minimum, needs in the areas of employment, housing, health care, training for first responders and criminal justice professionals, and identification and intervention; identify national benchmarks and other performance measures to be included in the strategic plan and used in evaluating the success of the State in addressing autism–related needs; and monitor and evaluate the implementation of the strategic plan and the success of the State in addressing autism–related needs, including success in meeting national benchmarks. The strategic plan required under subsection (b) of this section shall specify performance measures, including any national benchmarks, for monitoring and evaluating success in addressing autism–related needs in the State including, at a minimum, the following: reducing the unemployment and underemployment rates of people with autism; improving postsecondary transition services and graduation rates; increasing degree–granting college admission and participation and postsecondary vocational internships and apprenticeships leading to licensure; increasing the availability of safe, affordable, and accessible housing; identifying and reducing the negative physical and mental health outcomes of people with autism, including: identifying and improving caregiver and family support and respite services; evaluating need and implementation strategies for the adult autism waiver; reducing wait times for the Autism Waiver Registry; promoting social inclusion and understanding for people with autism; and ensuring equitable access to diagnostic and therapeutic support services in rural areas and for underserved populations; and evaluating the need for and making recommendations regarding training programs for law enforcement, criminal justice professionals, or other first responders that address the effective recognition of and response to the needs of individuals with autism and their caregivers. On or before July 1 each year, beginning in 2021, the State Coordinator for Autism Strategy shall submit a report to the Secretary of Disabilities, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the development, implementation, and effectiveness of the strategic plan required under subsection (b) of this section. Within 30 days after a report required under paragraph (1) of this subsection is submitted, the State Coordinator for Autism Strategy shall publish the report on the Department’s website. For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation to fund the position of State Coordinator for Autism Strategy and the Advisory Stakeholder Group on Autism–Related Needs. For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation in an amount sufficient to fund one support staff position for the State Coordinator for Autism Strategy.

There is an Advisory Stakeholder Group on Autism–Related Needs. The Advisory Stakeholder Group on Autism–Related Needs consists of the following members: one member of the Senate of Maryland, appointed by the President of the Senate; two members of the House of Delegates, appointed by the Speaker of the House; the State Superintendent of Schools, or the State Superintendent’s designee; the Secretary of Disabilities, or the Secretary’s designee; the Secretary of Human Services, or the Secretary’s designee; the Secretary of Health, or the Secretary’s designee; the State Coordinator for Autism Strategy; one representative of the Maryland Speech–Language–Hearing Association; one representative of the Maryland Developmental Disabilities Council; one representative of the Maryland Occupational Therapy Association; one representative of The ARC Maryland; one representative of Pathfinders for Autism; one representative of Itineris; the following members, appointed by the Governor: a school psychologist; a physical therapist; a pediatrician; two parents of children with autism; two self–advocates with autism; one representative of public universities in the State; one representative of local public school systems in the State; and one representative from the business community; and any additional members with expertise or experience in autism–related needs as considered necessary, appointed by the State Coordinator for Autism Strategy. The State Coordinator for Autism Strategy shall chair the Advisory Stakeholder Group on Autism–Related Needs. The Department shall provide staff for the Advisory Stakeholder Group on Autism–Related Needs. In appointing members under subsection (b) of this section, the appointing authority shall consider the geographical diversity of the State so that the composition of the Advisory Stakeholder Group on Autism–Related Needs reflects the various communities of the State. A member of the Advisory Stakeholder Group on Autism–Related Needs: may not receive compensation as a member of the Advisory Stakeholder Group on Autism–Related Needs; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Advisory Stakeholder Group on Autism–Related Needs shall work with the State Coordinator for Autism Strategy to: identify and evaluate existing services for individuals with autism and their families; develop a strategic plan for addressing autism–related needs in the State; promote, monitor, and evaluate implementation of the strategic plan; and recommend and implement changes to the strategic plan. The Advisory Stakeholder Group on Autism–Related Needs shall hold its initial meeting on or before December 31, 2020. Beginning in 2021, the Advisory Stakeholder Group on Autism–Related Needs shall meet quarterly each calendar year.

The Secretary is responsible for the budget of the Department. Except as otherwise provided by law, the Secretary shall pay all money collected by the Department under this subtitle into the General Fund of the State. Before publication in the Maryland Register, the Secretary shall review new or proposed changes to regulations submitted by a unit of State government that relate to the provision of resources and services to individuals with disabilities. The regulations shall include an assessment that describes the impact of the proposed regulations on individuals with disabilities. Before implementation, the Secretary shall review new or proposed changes to policies, programs, or services submitted by a unit of State government that relate to the provision of resources and services to individuals with disabilities. The Secretary shall review, coordinate, and concur with any application for federal aid, waivers, or grants that is: specific to services for individuals with disabilities; and submitted by or through any unit of State government. Except as otherwise prohibited by law, the Secretary may apply for, receive, and use grants–in–aid, funds, or services from the federal government or any of its units, or any public or private source made available to the Department for use in carrying out the powers and duties of the Secretary or the Department. The Secretary shall review the State Disabilities Plan developed by the Board in accordance with § 7–132 of this subtitle. The Secretary may approve the State Disabilities Plan or amend the Plan if the Secretary determines that the Plan developed by the Board is not in accordance with § 7–132 of this subtitle. The Secretary shall request that the Board revise the State Disabilities Plan at least once every 4 years. The Secretary shall adopt regulations to implement the State Disabilities Plan as approved or as amended in accordance with paragraph (2) of this subsection. The Secretary shall submit an annual analysis of the State’s progress in implementing the State Disabilities Plan and related performance objectives to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on or before December 1 of each year. The Secretary may create citizens’ advisory bodies that the Secretary considers necessary for the effective operation of the Department.

The Department is the principal unit of State government responsible for developing, maintaining, revising, and enforcing statewide disability policies and standards throughout the units of State government. In this capacity, the Department shall: serve as the principal advisor to the Governor on the means and methods available to: implement and fund support to individuals with disabilities in accordance with the State Disabilities Plan; modify or consolidate support to individuals with disabilities; and collaborate with federal, regional, and local units of government to enhance the effectiveness of the provision and funding of support to individuals with disabilities; annually recommend projects to the Department of Budget and Management for inclusion in the capital budget to promote access to State–owned facilities for individuals with disabilities; assist units of State government to identify federal, State, local, and private funds available to the State for programs and services for individuals with disabilities; and provide technical assistance to local jurisdictions in planning and implementing collaborative strategies consistent with the State Disabilities Plan. The Department shall oversee and administer the following programs and units: constituent services and ombudsmen programs; the Assistive Technology Guaranteed Loan Program under Subtitle 6 of this title; the Office of Personal Assistance Services, including the Attendant Care Program under Subtitle 4 of this title; Telecommunications Access of Maryland under Subtitle 8 of this title; Telecommunications Devices and Distribution of Accessible Information for Disabled Individuals under Subtitle 9 of this title; the Office of Disability Employment Advancement and Policy; the Maryland Assistive Technology Program under Subtitle 14 of this title; and affordable and accessible housing programs.

Unless the disclosure of information is otherwise prohibited by law, each unit of State government shall provide to the Secretary: at the request of the Secretary, information regarding current programs and services for individuals with disabilities; and information regarding new or proposed programs and services for individuals with disabilities.

On or before July 1 of each year, each unit of State government shall develop a unit plan to implement the State Disabilities Plan as approved or amended by the Secretary under § 7-113(e) of this subtitle. The unit plan shall contain an implementation schedule and measurable strategic performance objectives. The Secretary may request amendments to a unit plan if the Secretary determines that the unit plan does not comply with the State Disabilities Plan. On or before July 1 of each year, each unit of State government shall provide the Department with an evaluation of the unit’s performance in accordance with the unit’s plan developed under subsection (a) of this section. The evaluation required under subsection (b) of this section shall: assess the unit’s performance against the strategic performance objectives established under subsection (a)(2) of this section; and identify and measure: consumer satisfaction; gaps in services; numbers of individuals waiting for services; and progress made on achieving performance objectives. The Secretary may provide technical assistance to any unit of State government to meet the requirements of this section. The Secretary may waive the requirements of this section for any unit of State government.

In accordance with § 7–114 of this subtitle, the Department may establish one or more affiliated foundations to work with the Maryland Assistive Technology Program, the Assistive Technology Guaranteed Loan Program, the Office of Disability Employment Advancement and Policy, and the Department’s affordable and accessible housing programs. The purpose of an affiliated foundation is to: solicit and accept funds and partner with individuals, corporations, and other entities to support innovative projects designed to maintain, expand, and enhance the programs and units specified in subsection (a) of this section; and promote activities that: enhance awareness of, access to, and effective use of assistive technology, accessible information technology, and environmental adaptations that allow individuals with disabilities to participate in employment, education, housing, transportation, public safety, recreation, health care, and other aspects of daily life; support training, technical assistance, and reasonable accommodations that promote the hiring and retention of individuals with disabilities in private and public sector employment; and create opportunities for integrated, affordable, and accessible housing for individuals with disabilities to live in the communities of their choice. The Department shall: develop policies for operating each affiliated foundation that the Department establishes, including the affiliated foundation name; and submit each policy developed to the Office of the Attorney General and the State Ethics Commission for review and, if appropriate, approval in accordance with paragraphs (2) and (3) of this subsection. The Office of the Attorney General shall: review the policies the Department develops under paragraph (1) of this subsection for form and legal sufficiency; and if appropriate, approve the policies for use in governing the Department’s relationship with the affiliated foundation. The State Ethics Commission shall: review the policies the Department develops under paragraph (1) of this subsection that pertain to conflicts of interest; and if appropriate, approve the policies for use in governing an official or employee of the Department who also serves as a director or an official of the affiliated foundation. An affiliated foundation may solicit and receive contributions from businesses, governmental entities, nonprofit organizations, and individuals interested in the promotion of programs and units administered or supported by the Department. In accordance with § 7–113 of this subtitle authorizing the Secretary to receive funds from any public or private source to carry out the powers and duties of the Department, the Secretary shall receive and deposit funds from an affiliated foundation into a separate special fund. An affiliated foundation established under this section may not: be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose; make, influence, or participate in determinations regarding eligibility for any program, benefit, or services administered or supported by the Department; or establish, influence, or implement public policy, program standards, priorities, or eligibility criteria for the Department. A financial obligation or liability of an affiliated foundation established under this section may not be considered a debt or an obligation of the State or the Department. Notwithstanding §§ 5–501 through 5–504 of the General Provisions Article, an official or employee of the Department may become a director or an official of an affiliated foundation established under this section. An official or employee of the Department who serves as a director or an official of an affiliated foundation established under this section: may not be compensated, directly or indirectly, by the affiliated foundation; and may be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of the affiliated foundation as authorized by the Department and the board of directors of the affiliated foundation. The Department shall notify the State Ethics Commission in writing whenever the Department allows an official or employee of the Department to serve as a director or an official of an affiliated foundation. Within 30 days after receipt of the notice under subparagraph (i) of this paragraph, the State Ethics Commission shall notify the Department of any objections or concerns pertaining to the joint service identified in the notice. On receipt of a notice from the State Ethics Commission under subparagraph (ii) of this paragraph, the Department shall reexamine the joint service identified in the notice. On or before September 1 each year, the Department shall report to the Governor, the Legislative Policy Committee of the General Assembly in accordance with § 2–1257 of the State Government Article, and the State Ethics Commission on: the names of the officials and employees serving as a director or an official of an affiliated foundation; and how the policies adopted under subsection (c) of this section have been implemented in the preceding calendar year. Each year, the Department shall hire an independent certified public accountant to: audit an affiliated foundation established under this section; and submit to the Department a report on the audit of the affiliated foundation. Notwithstanding subsection (d) of this section, if an affiliated foundation has not been audited within the past year: the affiliated foundation may not solicit and receive contributions; and the Department may not accept contributions from the affiliated foundation. Contributions accepted by the Department from an affiliated foundation established under this section are supplemental to and are not intended to take the place of funding that otherwise would be appropriated in the annual budget bill or capital budget bill for the Department. This section may not be construed to limit or restrict the authority of the Department or other authorized governmental entities to determine eligibility or make policy decisions.

There is a Maryland Commission on Disabilities.

The Commission consists of: the following members, appointed by the Governor: one individual with a physical disability; one individual who has experienced mental illness; one individual with a traumatic brain injury; two individuals with a developmental disability, including one with an intellectual disability; one individual who is blind; one individual who is deaf or hard of hearing; one parent or foster parent of a child with a disability; four members of the general public who have disabilities; three representatives from statewide disability advocacy organizations; one representative from the home health care industry; one representative from a statewide organization of providers of services and support for individuals with disabilities; one representative from the Alliance of Local Commissions on Disability; and two representatives from the Board, one of whom shall be selected by the Secretary and one of whom shall be the Secretary of Budget and Management or the designee of the Secretary of Budget and Management; one representative from the Senate of Maryland, appointed by the President of the Senate; one representative from the Maryland House of Delegates, appointed by the Speaker of the House; the State Coordinator for Autism Strategy; and one representative from the Governor’s Advisory Board for Telecommunications Relay, appointed by the chair of the Board. In making the appointments required under subsection (a)(1) of this section, the Governor shall appoint members from among: the geographic regions of the State; and diverse backgrounds. A majority of the members shall be individuals with disabilities. The term of a member is 3 years. The terms of the members are staggered as required by the terms provided for the members of the Commission on October 1, 2007. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A member may not serve more than two consecutive 3–year terms. A member who fails to attend at least 50% of the regularly scheduled meetings of the Commission during any 12–month period shall be considered to have resigned.

From among the members of the Commission, the Governor shall designate a chair for a 2-year term.

A member of the Commission: may not receive compensation as a member of the Commission; but if the Secretary approves, is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Department shall provide staff to the Commission as necessary.

Members of the Commission shall: advise the Department in carrying out its duties; meet at least twice a year in meetings open to the public; and serve on one or more subcommittees established by the Secretary to provide guidance to the Department on matters affecting individuals with disabilities, including public policy, outreach, and personal assistance services.

Notwithstanding any other provision of law, a subcommittee of the Commission created in accordance with § 7–123 of this subtitle shall be considered a public body under § 3–101(h) of the General Provisions Article.

There is an Interagency Disabilities Board convened by the Governor. The purpose of the Board is to develop the State Disabilities Plan.

The Board consists of the following members: the Secretary of Disabilities; the Secretary of Aging, or the Secretary’s designee; the Secretary of Commerce, or the Secretary’s designee; the Secretary of Budget and Management, or the Secretary’s designee; the Secretary of Health, or the Secretary’s designee; the Secretary of Housing and Community Development, or the Secretary’s designee; the Secretary of Human Services, or the Secretary’s designee; the Secretary of Labor, or the Secretary’s designee; the Secretary of Planning, or the Secretary’s designee; the State Superintendent of Schools, or the Superintendent’s designee; the Secretary of Transportation, or the Secretary’s designee; the Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee; the Director of the Governor’s Office of the Deaf, Deafblind, and Hard of Hearing, or the Director’s designee; the Secretary of Juvenile Services, or the Secretary’s designee; the Secretary of Public Safety and Correctional Services, or the Secretary’s designee; the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee; and representatives from any other unit of State government that the Governor designates.

The Secretary is the chair of the Board. The chair shall direct the work of the Board. The chair may establish subcommittees of the Board to carry out the duties established under this part.

The Department shall provide staff to the Board as necessary.

The Board shall: provide ongoing examination of the structure and organization of the State’s system of services and support to individuals with disabilities to ensure equal access to support services and resources by individuals with disabilities; facilitate the development of performance objectives that will result in a comprehensive, effective, efficient, and integrated service delivery system for individuals with disabilities; develop an interagency funding approach to maximize efficiencies and streamline access to services and support for individuals with disabilities; formulate policies on legislative issues and, under the direction of the Governor, communicate the policies to the General Assembly; and develop the State Disabilities Plan.

The State Disabilities Plan shall provide for the coordination of support services that: ensure compliance with the federal Americans with Disabilities Act and other relevant federal and State provisions intended to protect the civil rights of individuals with disabilities; are necessary for individuals with disabilities to achieve maximum participation in the mainstream of the community in the most integrated setting possible; and address, on a statewide basis, the improvement of: the capacity of communities to support individuals with disabilities with personal attendant care and other long–term care options that are self–directed; the availability of accessible, integrated, and affordable housing options; reliable transportation options; employment and training options, including self–employment and noncongregant competitive opportunities available in an integrated environment in which there are individuals with and without disabilities; somatic and behavioral health options; accessible and universally designed technology; support services for children, youth, and their families to enable them to achieve successful learning; family support services, including respite care; and crime control, public safety, and correctional services that appropriately take into account the needs and rights of individuals with disabilities. The State Disabilities Plan shall assess the provision of and resources for support services for individuals with disabilities.