Advisory Council Requirements

February 28, 2012

ADVISORY COUNCIL REQUIREMENTS

This letter briefly addresses the obligations of local educational agencies (LEAs) in California as it pertains to the establishment of district advisory councils and committees, along with their respective roles in the development and approval of the Consolidated Application and Reporting System (CARS), formerly the Consolidated Application, for specified categorical funds.

School districts receiving Economic Impact Aid (EIA)/State Compensatory Education (SCE) are required to establish a district advisory committee (DAC) and a school advisory committee (SAC) for the purpose of advising districts and schools regarding compensatory education programs. A school may designate a school site council established pursuant to California Education Code (EC) Section 52852 to function as the school advisory council.

Title 5 of the California Code of Regulations (CCR), Section 4423 sets forth the obligation of LEAs that receive SCE funds to establish a DAC. Section 4423 states:

Each participating school district shall establish a district advisory council and shall also establish a school advisory council at each participating school. Advisory councils established pursuant to this article shall comply with the ESEA, Title I, law and regulations pertaining to advisory councils. These councils shall include broad representation of the parent population served by this district or school respectively including socio-economic and ethnic groups represented in the district or school attendance area.

1. If Title I services are provided to students in nonpublic schools, each nonpublic school system with such students must be given the opportunity to submit the name of a candidate(s) for the election of the district advisory council.
2. A nonpublic system may establish advisory councils at its schools which receive Title I services.
3. Applications for funds under this chapter must contain a certification of participation in the Title I/SCE planning process as follows:
   1. District Application - the district advisory council chairperson;
   2. School-level plans - the school advisory council chairperson;
   3. The District Application - Nonpublic Schools section - a representative for the Nonpublic Schools.

LEAs required to establish a DAC as a result of receiving SCE funds must comply with EC Section 54425, which states:

1. Whenever a districtwide school advisory committee on compensatory education programs has been established pursuant to a compensatory education plan, the procedures adopted for the selection of the district advisory committee shall specify that parents shall constitute a majority of the membership of the district advisory committee and shall require that the parent representatives be elected by the parents of pupils participating in a program of compensatory education residing in the district.
2. Whenever a school advisory committee on compensatory education programs has been established pursuant to a compensatory education plan, the procedures adopted for the selection of the school advisory committee shall specify that parents shall constitute a majority of the membership of the school advisory committee and shall require that parent representatives be elected by the parents of pupils participating in a program of compensatory education at that school.
   For purposes of this subdivision, a school advisory committee on compensatory education programs may designate a school site council established pursuant to Section 52012 or 52851 to function as the school advisory council on compensatory education for all purposes required by applicable statutory provisions and regulations for a period of up to two years.

DACs are required to certify that the LEA’s CARS for specified categorical funds, including, but not limited to school-based coordinated categorical programs, compensatory education programs, and EIA programs, was developed with review and advice from those committees. In its pertinent part, EC Section 64001(a) states:

The consolidated application shall also include certifications by appropriate district advisory committees that the application was developed with review and advice of those committees.

Given the statutory and regulatory functions and obligations of the DAC, it must be considered an “appropriate advisory committee” for purpose of reviewing and advising districts on the development of CARS when such application includes an application for SCE funds.

If you have any questions regarding this subject, please contact Jeanette Ganahl, Education Administrator I, Title I Monitoring and Support Office, by phone at 916-319-0324 or by e-mail at jganahl@cde.ca.gov.

Sincerely,

/s/

Christine Swenson, Director
Improvement and Accountability Division

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