Wendz v. Department of Education
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Under the 1976 Migrant Education Act (Ed. Code 54442)., the State Board of Education must adopt a master plan for services to migrant children, requiring “[t]he active involvement of parents, teachers, and community representatives in the local implementation of migrant education.” The Superintendent of Public Instruction implements the plan and must establish regional parent advisory councils (RPACs) to consult with local agencies in the planning, operation, and evaluation of migrant education programs. In 2019, the Superintendent adopted regulations concerning the formation and governance of RPACs.
The trial court rejected arguments that the Superintendent acted outside his statutory authority, as section 54444.2 provides migrant parents the “sole authority” to “decide on the composition of the council,” that the regulations conflict with the statute by placing impermissible restrictions on migrant parents’ authority to elect RPAC members, that the necessity of the regulations to effectuate the Act’s purpose was not supported by substantial evidence, and that the adoption violated the Administrative Procedure Act. The court of appeal concluded that the Superintendent acted within his authority in adopting the challenged regulations but violated the APA’s notice requirements when he adopted a regulation prohibiting RPAC members’ use of alternates without adequate notice to the public. The necessity of the regulations is supported by substantial evidence. The regulations are valid except for the prohibition on alternates and portions of the regulations the trial court invalidated.
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