Administration; eligibility; governance; structure

(a) Administration To carry out the provisions of section 211, the Secretary of Education shall enter into a contract or cooperative agreement (of no less than 5 years in duration) with a consortium of entities described in subsection (b) which shall, with oversight by the Secretary, have primary responsibility for administering the program described in this subtitle. The Secretary shall have ongoing authority to enter into such contracts or cooperative agreements. (b) Eligibility The consortium of entities described in subsection (a) shall include— (1) not less than 1 nonprofit professional membership association which both operates a program for accreditation of institutions of higher education preparing teachers of children who are blind or visually impaired or orientation and mobility specialists and which maintains a continuing education program supporting the ongoing professional development of such personnel; (2) not less than 1 national nonprofit organization, which may include a manufacturer of products or publisher of materials or a special school or center with demonstrated experience directly serving children who are blind or visually impaired (including students who may or may not have additional disabilities); (3) not less than 1 institution of higher education that— (A) has consistently maintained for not less than 10 years a program of instruction preparing teachers of children who are blind or visually impaired or orientation and mobility specialists; and (B) offers a program of doctoral study in special education; and (4) any other entity or entities with which the entities described in paragraphs (1), (2), and (3) choose to partner (with approval of the Secretary). (c) Governance (1) In General As part of the Secretary’s oversight responsibilities, the Secretary shall appoint an advisory board (of no more than 12 individual members who do not have a concurrent contractual, fiscal, fiduciary, or employment relationship with any of the entities comprising the consortium described in subsection (b)) which shall advise the Secretary and such consortium of entities with respect to strategic planning and annual program performance. (2) Composition The advisory board shall be comprised of individuals with personal or professional experience with the needs of children who are blind or visually impaired, and shall include parents of children who are blind or visually impaired (including children with additional disabilities), administrators of special education programs (including State and local educational agency program administrators), and representatives of national, regional or community-based organizations of individuals who are blind or visually impaired and the professionals who serve them. (3) Compensation The Secretary may compensate the members of the advisory board for reasonable expenses incurred for travel related to in-person meetings of the advisory board, which shall occur no more frequently than 3 times within a calendar year. (4) FACA The provisions of the Federal Advisory Committee Act shall not apply to meetings or other activities of the advisory board. (5) Consultation prior to appointment Prior to the appointment of any individual to the advisory board, the Secretary shall consult with such consortium of entities, which may also nominate individuals to the Secretary for advisory board membership. (d) Structure The Secretary, as part of the contract or cooperative agreement described in subsection (a), shall ensure that such contract or cooperative agreement specifies any and all necessary fiscal and other responsibilities between and among the entities described in subsection (b) whom shall propose such responsibilities to the Secretary in an application for award of such contract or cooperative agreement containing such information as the Secretary may require.