SECTIONS 33590-33596 - California Statutes

EDUCATION CODE

SECTION 33590-33596

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.