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Membership, Guidelines, and Bylaws of the Council on Educational Services for Exceptional Children


ItemDescription
Policy TitleMembership, Guidelines, and Bylaws of the Council on Educational Services for Exceptional Children
Policy CategoryAdvisory Committees (ADVS)
Policy IDADVS-005
Policy Date2015-06-06
Previous Policy Dates06/06/2002
Statutory ReferenceGS 115C-121

Formerly TCS-B-005

 

COUNCIL ON EDUCATIONAL SERVICES FOR EXCEPTIONAL CHILDREN
 
I.  GUIDELINES
 
A. The Council on Educational Services for Exceptional Children is established as an Advisory Council to the State Board of Education. Its establishment is set forth in Section 300.650-300.653 of the federal law, Individuals with Disabilities Education Act (IDEA) and North Carolina law (Section 115C-121). Italicized statements are quoted from the IDEA regulations and quotation marks represent quotations from State law.
 

  1. Each state shall establish and maintain, in accordance with Secs. 300.650-300.653, a State advisory panel on the education of children with disabilities.
  2. The advisory panel must be appointed by the Governor or any other official authorized under State law to make these appointments.
  3. If a state has an existing advisory panel that can perform the functions in 300.652, the state may modify the existing panel so that it fulfills all of the requirements of Secs. 300.650-300.653, instead of establishing a new advisory panel.

 B.  Functions of the Council shall be to:
 

  1. Advise the SEA 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 SEA in developing evaluations and reporting on data to the Secretary under section 618 of the Act;
  4. Advise the SEA in developing corrective action plans to address findings identified in Federal monitoring reports under Part B of the Act;
  5. Advise the SEA in developing and implementing policies relating to the coordination of services for children with disabilities;
  6. Advise on the education of eligible students with disabilities who have been convicted as adults and incarcerated in adult prisons;
  7. Advise the State Board on gifted education and related issues pertaining to the education of children who are academically and intellectually gifted as defined by Article 9B, although the Council has no governance responsibilities. (Note: this function is not required by either federal or state law); and
  8. Carry out any other responsibility as designated by federal law or the State Board.

 C.  Membership

1. Council Members


a. The Council shall consist of  a minimum of twenty-four (24) members as follows:


1. two members appointed by the Governor

a.  one individual with a disability
b.  one representative of a private school


2.  two members appointed by the President Pro Tempore of the Senate

a.  one member of the Senate
b.  one parent of a child with a disability


3. two members appointed by the Speaker of the House


a.  one member of the House of Representatives

b.  one parent of a child with a disability


4.  fourteen members appointed by the State Board of Education. The State Board shall appoint members who represent –


a.  Parents of children with disabilities;

b.  Individuals with disabilities;

c.  Teachers;

d.  Institutions of higher education that prepare special education and related services personnel;
e.  State and local education officials;

f.   Administrators of programs for children with disabilities;

g.  Representatives of private schools and public charter schools; and
h.  A representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities.

i.  A representative from the state’s Parent Training and Information Center, Exceptional Children’s Assistance Center (ECAC)


5.  four members designated by Federal regulations who are representatives of other State agencies involved in the financing or delivery of related services to children with disabilities; and representatives from the State juvenile and adult corrections agencies. In State law these members are referred to as ex officio members. The ex officio members are:


a.  The Secretary of Health and Human Services or the Secretary's designee.

b.  The Secretary of Juvenile Justice and Delinquency Prevention or the Secretary's designee.

c.  The Secretary of Correction or the Secretary's designee.

d.  The Superintendent of Public Instruction or the Superintendent's designee.



b.  A majority of the members of the Council must be individuals with disabilities or parents of children with disabilities.


 
2.  The Council shall represent the various interests of the groups concerned with the education of children with disabilities.
 


D.  Terms of Office

  1. 
The term of appointment for all members except those appointed by the State Board of Education is two years
  2. 
The term for members appointed by the State Board is four years.  No person shall serve more than two consecutive four-year terms.
 
  3. 
The terms of designated/ex officio members are governed by virtue of office or position.


 
E.  Procedures

  1. 
 The advisory panel shall meet as often as necessary to conduct its business.

  2.  
By July 1 of each year, the advisory panel shall submit an annual report of panel activities and suggestions to the SEA.  This report must be made available to the public in a manner consistent with other public reporting requirements of Part B of the Act.
 

  3. Official minutes must be kept on all Council meetings and must be made available to the public on request.
 

  4. All advisory council meetings and agenda items must be announced enough in advance of the meeting to afford interested parties a reasonable opportunity to attend.  Meetings must be open to the public.
 

  5. Interpreters and other necessary services must be provided to panel meetings for panel members or participants.  The State may pay for these services from funds under Sec. 300.620.
 
  6. 
The Council shall serve without compensation but the State may reimburse the Council for reasonable and necessary expenses for attending meetings and performing duties.  The state may use funds under Sec. 300.620 for this purpose.  "Each Council member shall receive travel allowances and per diem in the same amount provided for members of the North Carolina General Assembly.
 

  7. The Council shall meet in offices provided by the State Department of Public Instruction on a date to be agreed upon by the members of the Council from meeting to meeting.  The Council shall meet no less than once every three months.
 

  8. The Department of Public Instruction shall provide the necessary secretarial and clerical staff and supplies to accomplish the objectives of the Council.
  9. 
 The Council shall designate a chairperson" and vice chairperson from among its members. The designation of the chairperson is subject to the approval of the State Board of Education.
 

  10. The State Board shall adopt rules to carry out this subsection.
 
 


II.  BYLAWS
 


A.  Council Members


1. Appointment

        1. Members are appointed by the Governor, President Pro Tempore, Speaker of the House, and the State Board of Education as stated in the Guidelines
        2. Designated/ex officio members serve on the Council as stated in the Guidelines and have the same voting privileges as other members.
 


2.     Terms of Office

        1. 
Members serve terms as stated in the Guidelines.

        2. Council members appointed by the State Board of Education shall be eligible to serve only two consecutive four-year terms.
 


3.  Meeting Attendance


        1. Regular attendance and participation of all Council members is expected.  When a member appointed by the State Board of Education misses two consecutive regular meetings, the Council Chairperson or the Exceptional Children Liaison will contact that member to inquire about his interest in remaining on the Council.
        2. When a member appointed by the State Board of Education misses three regular meetings in a year, the Council shall inform the State Board of Education and request that the board appoint another person to fill out the unexpired term of the member who does not attend.

        3. When a member who serves by legislative or executive appointment misses a like number of regular meetings without notice, the Council shall request that consideration be given to appointing someone else to fill out the unexpired term of the legislative or executive appointment.
        4. 
When a member who serves in a designated/ex officio capacity misses a like number of regular meetings without notice, the Council shall request that a new representative be named by the designated agency.
        5. 
All new Council members shall participate in orientation.
 


 

4.  Council Meetings


        1. The Council shall meet as often as necessary to conduct its business, but at least every three months.  At least a one-week notice will be given for all meetings.
        2. All meetings and agenda items must be publicly announced enough in advance of the meeting to afford interested parties a reasonable opportunity to attend and meetings must be open to the public.

        3. Official minutes must be kept on all Council meetings and shall be made available to the public on request.
 


5.  Internal Organization


        1. A quorum at a Council meeting shall consist of at least thirteen members, including the Chairperson.
        2. Substitute representatives shall be allowed at meetings for designated/ex officio members only.

        3. Mail balloting may be used under conditions agreed upon by the Council and/or Executive Committee.

        4. A change in Bylaws will be announced at least one month before the voting will be held.

        5. Bylaws may be amended by a 2/3 vote of those present at a Council meeting.

B. Officers

1. Chairperson

a.  Mode and Term of Appointment

1.  Elected by the Council from among its appointed member
2.  Serve for a one-year term.  May be reelected for a second term, if reappointed.
 


b.  Duties and Function


          1. Preside at Council meetings;

          2. Appoint chairpersons of the Committees and any task forces; develop a proposed agenda, establish a set of proposed meetings, develop a calendar of activities and establish proposed goals for the Council in conjunction with the assigned staff from the Department of Pubic Instruction;

          3. Serve as a representative of the Council; and

          4. Perform other duties as may be directed by the Council.
 


2.  Vice-Chairperson
.    

a.  Mode and Term of Appointment


          1. Elected by the Council from among its members; and

          2. Serve for a one-year term but may be reelected for a second term if reappointed.


 
b.  Duties and Function

          1. 
Preside at meetings in the absence of the Chairperson, and

          2. Perform other duties as may be directed by the Chairperson or Council.
 


3.  Vacancies and Absences


        1. In the event a vacancy occurs prior to the end of the term for either the Chairperson or the Vice-Chairperson, the Council shall elect one of its members to fill the office for the unexpired portion of the term subject to the approval of the State Board.

        2. In the absence of both the Chairperson and the Vice-Chairperson at a meeting, the Council shall name one of its members as Chairperson Pro Tempore.


 
4.  Committees and Task Force

a. Committees shall be appointed as needed by the Council

b. Task forces shall be appointed as needed by the Council.


 

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