2023 California Code
Education Code - EDC
TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION
DIVISION 4 - INSTRUCTION AND SERVICES
PART 29 - PROGRAMS FOR DISADVANTAGED PUPILS
CHAPTER 4 - Compensatory Education Programs for Disadvantaged Children
ARTICLE 3 - Migrant Children
Section 54444.2.

Universal Citation:
CA Educ Code § 54444.2 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

54444.2. (a) The Superintendent shall take the steps necessary to ensure effective parental involvement throughout the state migrant education program, which shall include, but need not be limited to, all of the following:

(1) The Superintendent shall adopt rules and regulations requiring each operating agency receiving migrant education funds or services to actively solicit parental involvement in the planning, operation, and evaluation of its programs through the establishment of, and consultation with, a parent advisory council.

(A) The membership of each parent advisory council shall be composed of members who are knowledgeable of the needs of migrant children, and shall be elected by the parents of migrant children enrolled in the operating agency’s programs. The composition of the council shall be determined by the parents at a general meeting to which all parents of pupils enrolled in the migrant program shall be invited. Parents shall be informed, in a language they understand, that the parents have the sole authority to decide on the composition of the council. All parent candidates for the council shall be nominated by parents; nonparent candidates shall be nominated by the groups they represent: teachers by teachers, administrators by administrators, other school personnel by other school personnel, and pupils by pupils. All other community candidates shall be nominated by the parents. Each parent advisory council shall hold meetings on a regular basis during the operation of the regular program, but not less than six times during the year.

(B) At least two-thirds of the members of each parent advisory council shall be the parents of migrant children. Each parent advisory council shall have the responsibilities listed in subdivision (a) of Section 54444.4.

(2) The Superintendent shall establish a statewide parent advisory council that shall participate in the planning, operation, and evaluation of the state migrant education program. The membership of the statewide parent advisory council shall be composed of members who are knowledgeable of the needs of migrant children, and shall be nominated and elected by the parents of migrant children enrolled in the operating agencies. At least two-thirds of the members of the State Parent Advisory Council shall be the parents of migrant children. The state council shall meet a minimum of six times a calendar year to provide input on issues relating to the operation of the program. Special meetings may be called at the discretion of the state director.

(3) (A) (i) The Superintendent also shall sponsor a biennial State Parent Advisory Council Conference. The conference shall be scheduled during the spring.

(ii) The Superintendent may sponsor regional conferences to take the place of the State Parent Advisory Council Conference if the Superintendent determines that regional conferences will increase parent participation.

(B) Every three years, the State Parent Advisory Council shall prepare and submit a report to the Legislature, pursuant to Section 9795 of the Government Code, the state board, the Superintendent, and the Governor regarding the status of the migrant education program. The report shall be submitted within 120 days from the conclusion of a training program on preparing the report provided by the Superintendent in accordance with paragraph (5).

(C) The report shall include an evaluation of the migrant education program, as required pursuant to paragraph (2), a review of annual needs and a yearend assessment, as required pursuant to paragraph (2) of subdivision (a) of Section 54444.4, and policy recommendations.

(4) The Superintendent and each operating agency shall furnish, without charge, to the statewide and operating agency parent advisory councils and, upon request, to each member, a copy of all applicable state and federal migrant education statutes, rules and regulations, and guidelines. In addition, the Superintendent and each operating agency shall furnish, without charge, to the statewide and operating agency parent advisory councils and, upon request, to each member, copies of all applicable state and federal audits, monitoring reports, and evaluations.

(5) The Superintendent and each operating agency shall establish and implement training programs for members of the statewide and operating agency parent advisory councils to enable them to carry out their responsibilities. Each training program shall be developed in consultation with the parent advisory councils, and shall include appropriate training materials in a language understandable to each member. Costs incurred in providing training under this paragraph, including federally authorized expenses associated with the attendance of members at training sessions, shall be funded, to the extent that funds are available, by federal funds allocated to the state, based upon the educational and related health needs of migratory children defined in subdivisions (a) and (b) of Section 54441, and may be supported by funds from the state migrant education program.

(b) Each operating agency that provides services on a statewide basis shall be exempt from the requirement that it create its own parent advisory council, but shall consult the statewide parent advisory council in the planning, operation, and evaluation of its programs.

(c) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (a) or any other law, all requirements for 2020 nominations and elections for parent advisory councils shall be suspended until September 1, 2020.

(d) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (a), parent advisory councils shall meet at least three times in the 2020 calendar year.

(e) Notwithstanding paragraph (2) of subdivision (a), the State Parent Advisory Council shall meet at least three times in the 2020 calendar year.

(f) Notwithstanding subparagraph (A) of paragraph (3) of subdivision (a), the Superintendent shall not be required to sponsor a biennial State Parent Advisory Council Conference in the 2020 calendar year.

(Amended by Stats. 2020, Ch. 24, Sec. 60. (SB 98) Effective June 29, 2020.)

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