Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 275

Introduced by Assembly Member Alejo

February 11, 2013

An act to amend Section 54441.5 of the Education Code, relating to migrant education.

LEGISLATIVE COUNSEL’S DIGEST

AB 275, as amended, Alejo. Migrant education.

Existing law requires the State Board of Education to adopt a state master plan for services to migrant children. begin delete Under existing law, with the concurrence of a child’s parent, a child who has been identified as a “migrant child” may be deemed a migrant child for a period, not in excess of 3 years, during which the child resides in an area where programs are provided for migrant children. end delete begin insert Existing law also requires the Superintendent of Public Instruction to take the steps necessary to ensure effective parental involvement throughout the state migrant education program, which include establishing a statewide parent advisory council, as specified, to participate in the planning, operation, and evaluation of the state migrant education program. Existing law further requires the council to meet a minimum of 6 times per calendar year to provide input on issues relating to the operation of the program. end insert

This bill would begin delete make a nonsubstantive change to the latter provision end delete begin insert instead require the council to meet 9 times per calendar year to provide input on issues relating to the operation of the program end insert .

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 54444.2 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54444.2.  

(a) The Superintendent of Public Instruction 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, 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
begin delete comprised end delete begin insert composed end insert of members who are knowledgeable begin delete of end delete begin insert about end insert
the needs of migrant children begin insert , end insert 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
begin delete comprised end delete begin insert composed end insert of members who are knowledgeable begin delete of end delete begin insert about end insert
the needs of migrant children begin insert , end insert 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 begin delete six end delete begin insert nine end insert times begin delete a end delete begin insert per end insert 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) The Superintendent also shall sponsor an annual State
Parent Advisory Council Conference. The conference shall be
scheduled during the spring of every year.

(B) The State Parent Advisory Council shall prepare and submit
a report to the Legislature, begin insert the end insert 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) of
subdivision (a), a review of annual needs and a year-end
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 begin insert , end insert 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.

begin delete

SECTION 1.  

Section 54441.5 of the Education Code is
amended to read:

54441.5.  

With the concurrence of the child’s parent, a child
who has been identified as a “migrant child” may be deemed a
migrant child for a period, not in excess of three years, during
which the child resides in an area where programs are provided
for migrant children. Priority for the provision of services shall be
consistent with federal statutes and regulations that govern migrant
education programs.

end delete