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Advisory Commission (ACSE) Requirements

Federal (20 USC 1412(a)(21)) and State Statute (EC 33590-33596).
Public Law 108-446 - December 3, 2004
20 United States Code (USC) 1412(a)(21) A-D Sec 612

(21) STATE ADVISORY PANEL -

(A) IN GENERAL - The State has established and maintains an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the State.
(B) MEMBERSHIP - Such advisory panel shall consist of members appointed by the Governor, or any other official authorized under State law to make such appointments, be representative of the State population, and be composed of individuals involved in, or concerned with, the education of children with disabilities, including -

  1. parents of children with disabilities (ages birth through 26);
  2. individuals with disabilities;
  3. teachers;
  4. representatives of institutions of higher education that prepare special education and related services
    personnel;
  5. State and local education officials, including officials who carry out activities under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.);
  6. administrators of programs for children with disabilities;
  7. representatives of other State agencies involved in the financing or delivery of related services to children with disabilities;
  8. representatives of private schools and public charter schools;
  9. not less than 1 representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities;
  10. a representative from the State child welfare agency responsible for foster care; and
  11. representatives from the State juvenile and adult corrections agencies.

(C) SPECIAL RULE - A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities (ages birth through 26).
(D) DUTIES - The advisory panel shall -

  1. advise the State educational agency of unmet needs within the State in the education of children with disabilities;
  2. comment publicly on any rules or regulations proposed by the State regarding the education of children with disabilities;
  3. advise the State educational agency in developing evaluations and reporting on data to the Secretary under section 618;
  4. advise the State educational agency in developing corrective action plans to address findings identified in Federal monitoring reports under this part; and
  5. advise the State educational agency in developing and implementing policies relating to the coordination of services for children with disabilities
California Education Code, Section 33590-33596, Modified by AB 1662 Statute of 2005

33590. (a) There is in the state government the Advisory Commission on Special Education consisting of the following 17 members:
(1) A Member of the Assembly appointed by the Speaker of the Assembly.
(2) A Member of the Senate appointed by the Senate Committee on Rules.
(3) Three public members appointed by the Speaker of the Assembly, two of whom shall be individuals with a disability or parents of pupils in either a public or private school who have received or are currently receiving special education services due to a disabling condition.
(4) Three public members appointed by the Senate Committee on Rules, two of whom shall be individuals with a disability or parents of pupils in either a public or private school who have received or are currently receiving special education services due to a disabling condition.
(5) Four public members appointed by the Governor, two of whom shall be parents of pupils in either a public or private school who have received or are currently receiving special education services due to a disabling condition.
(6) Five public members appointed by the State Board of Education, upon the recommendation of the Superintendent or the members of the State Board of Education, three of whom shall be parents of pupils in either a public or private school who have received or are currently receiving special education services due to a disabling condition, and one of whom shall be a representative of the charter school community.

(b) (1) Each member shall be selected to ensure that the commission is representative
of the state population and composed of individuals involved in, or concerned with, the education of children with disabilities, including parents of children with disabilities, ages birth to 26 years, inclusive; individuals with disabilities; teachers; representatives of higher education that prepare special education and related services personnel; state and local education officials, including, but not limited to, officials who carry out activities under Part B (commencing with Section 11431, et seq.) of Subchapter VI of Title 42 of the United States Code; administrators of programs for children with disabilities; representatives of other state agencies involved in the financing or delivery of related services to children with disabilities; representatives of private schools and public charter schools; at least one representative of a vocational community or business organization concerned with the provision of transition services to children with disabilities; and a representative from the State Department of Social Services responsible for foster care; and representatives from the state juvenile and adult corrections agencies. (2) Each member shall be knowledgeable about the wide variety of disabling conditions that require special programs in order to achieve the goal of providing an appropriate education to all eligible pupils.
(3) A majority of the members of the commission shall be individuals with disabilities, or parents of children with disabilities who are ages birth to 26 years, inclusive.

(c) The commission shall select one of its members to be chairperson of the commission. In addition to other duties, the chairperson shall notify the appointing bodies when a vacancy occurs on the commission and of the type of representative listed in subdivision (b) who is required to be appointed to fill the vacancy.
(d) The term of each public member is four years.
(e) A public member may not serve more than two terms.

33591. The Members of the Legislature appointed to the commission pursuant to Section 33590 shall have the powers and duties of a joint legislative committee on the subject of special education and shall meet with, and participate in, the work of the commission to the extent that such participation is not incompatible with their positions as Members of the Legislature. The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power.

33592. The members of the commission shall serve without compensation, except they shall receive their actual and necessary expenses incurred in the performance of their duties and responsibilities, including traveling expenses. Reimbursement of other expenses, which are determined to be necessary for the commission to function, but do not exceed the commission's budget, may be approved by the commission and the executive secretary to the commission.

33593. The Superintendent of Public Instruction or the superintendent's designee shall serve as executive secretary to the commission.

33595. (a) The commission shall study and provide assistance and advice to the State Board of Education, the Superintendent of Public Instruction, the Legislature, and the Governor in new or continuing areas of research, program development, and evaluation in special education. The commission shall also do the following:
(1) Comment publicly on any rules or regulations proposed by the state regarding the education of individuals with exceptional needs, as defined in Section 56026.
(2) Advise the Superintendent of Public Instruction in developing evaluations and reporting on data to the Secretary of Education in the United States Department of Education under Section 1418 of Title 20 of the United States Code.
(3) Advise the Superintendent of Public Instruction in developing corrective action plans to address findings identified in federal monitoring reports under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4) Advise the Superintendent of Public Instruction and the State Board of Education in developing and implementing policies relating to the coordination of services for individuals with exceptional needs.

(b) The commission shall report to the State Board of Education, the Superintendent of Public Instruction, the Legislature, and the Governor not less than once a year on the following with respect to special education:
(1) Activities enumerated in Section 56100 that are necessary to be undertaken regarding special education for individuals with exceptional needs.
(2) The priorities and procedures utilized in the distribution of federal and state funds.
(3) The unmet educational needs of individuals with exceptional needs within the state.
(4) Recommendations relating to providing better education services to individuals with exceptional needs, including, but not limited to, the development, review, and revision, of the definition of "appropriate" as that term is used in the phrase "free and appropriate public education" for the purposes of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(c) Commission recommendations or requests shall be transmitted by letter from the commission chairperson to the president of the State Board of Education. Each communication shall be placed on the agenda of the next forthcoming state board meeting in accordance with the announced annual state board agenda cutoff dates. Following the state board meeting, the commission shall be notified by the state board as to what action has been taken on each request. Commission requests shall also be transmitted by letter from the commission chairperson to the Superintendent of Public Instruction, the Governor, and to appropriate Members of the Legislature.

33596. As used in this article, "commission" means the Advisory Commission on Special Education. The commission shall also serve as the State Advisory Panel required by paragraph (21) of subdivision (a) of Section 1412 of Title 20 of the United States Code.

Questions: Venetia Davis | vdavis@cde.ca.gov | 916-323-9773 
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