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SB-291 Advisory Commission on Special Education: pupil advisory council.(2021-2022)

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Date Published: 05/21/2021 04:00 AM
SB291:v98#DOCUMENT

Amended  IN  Senate  May 20, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 291


Introduced by Senator Stern

February 01, 2021


An act to amend Section 33590 of, and to add Section 33594 to, the Education Code, relating to special education.


LEGISLATIVE COUNSEL'S DIGEST


SB 291, as amended, Stern. Advisory Commission on Special Education: pupil advisory council.
Existing law establishes the Advisory Commission on Special Education as an entity in state government consisting of 17 members to, among other things, 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.
This bill would establish an advisory council, composed of 15 10 pupils with exceptional needs from ages 16 to 24, 24 years of age, inclusive, who represent all geographic regions of the state, to provide the commission with advice and input from current pupils with exceptional needs. The bill would require the state board to nominate a pool of qualified candidates for appointment to the council and would require the Superintendent to appoint the members of the council from the pool of candidates nominated by the state board. The bill would authorize the council to develop and enter into a public-private partnership to fund the council’s operations. The bill would require the council to hold meetings that are open to the public and would authorize the council to hold to conduct those meetings virtually. virtually, except when the council and the commission determine it is necessary to conduct the meeting in person and public-private partnership funds are sufficient to support conducting the meeting in person. The bill would increase the number of members on the commission to 18 and would require the council to appoint one of its members to serve as a member of the commission for each calendar year.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as the “Giving Students a Voice Act.”

SEC. 2.

 Section 33590 of the Education Code is amended to read:

33590.
 (a) There is in state government the Advisory Commission on Special Education consisting of the following 18 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.
(7) A member of the pupil advisory council appointed pursuant to Section 33594.
(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.

SEC. 3.

 Section 33594 is added to the Education Code, to read:

33594.
 (a) An advisory council composed of 15 10 pupils with exceptional needs is hereby established for the purpose of providing the commission with advice and input from current pupils with exceptional needs.
(b) The state board shall identify and nominate a pool of qualified candidates for appointment to the council. The Superintendent shall appoint the members of the council from the pool of candidates nominated by the state board.
(c) (1) Each of the members of the council shall be a pupil with exceptional needs who is age 16 to 24, 24 years of age, inclusive.
(2) The members of the council shall be drawn from and represent all geographic regions of the state.
(3) The term of a member of the council is two years.
(d) (1) The council shall meet on a regular basis. Meetings shall be open to the public and conducted in a manner consistent with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), except as provided in paragraph (2).
(2) Notwithstanding the Bagley-Keene Open Meeting Act, the council may shall conduct its public meetings virtually. virtually, except when the council and the commission determine it is necessary to conduct the meeting in person and public-private partnership funds are sufficient to support conducting the meeting in person.
(e) For each calendar year, the council shall appoint one of its members to serve as a member of the commission. A member of the council appointed to the commission pursuant to this subdivision shall serve on the commission for the entire calendar year.
(f) The council may develop and enter into a public-private partnership to fund the council’s operations.

SEC. 4.

 The Legislature finds and declares that Section 3 of this act, which adds Section 33594 of the Education Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to enable children with exceptional needs from all geographic regions of the state to serve on the pupil advisory council established pursuant to Section 33594 of the Education Code and to fully participate in its proceedings, it is necessary to authorize require the council to conduct its public meetings virtually. virtually, except when the council and the commission determine it is necessary to conduct the meeting in person and public-private partnership funds are sufficient to support conducting the meeting in person.