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State Council Bylaws

Article I

Section 1: Name

The name of this council shall be the State Council of Migrant Parents of California, hereinafter referred to as the Council.

Section 2: Office

The office of the Council will be situated in the migrant section in the Department of Education of the State.

 

Article II - Purpose

  1. The Council shall be established in accordance with AB 1382, Section 100, part 54444.2 (a), to advise the Department of Education, migrant section and promote programs for migrant children, youngsters and adults in California and which objectives will include, but will not be limited to: The establishment of goals, objectives and priorities of the Migrant Education Program.

  2. The annual review of the program needs and the end of the year evaluation, as well as the active participation in program activities.

  3. The review of the state mandate for individual learning process.

  4. Counseling about the election, development and reassignment of the Migrant Education Program personnel.

  5. The active participation in the planning and negotiations of the applications, and the contracts' agreements of service that are needed for the program under Section 54444.

  6. The active participation in compliance with the application of the state contract of services and federal implementation.

  7. The dissemination of information about the Migrant Education Program and other educational programs.

  8. Counseling in all other responsibilities under the state and federal laws or regulations to improve the educational programs.

  9. The cooperation with any organization or group that works for the improvement of education programs for the migrant community.

 

Article III - Members

Section 1: Members

Membership of the Council shall be composed of parents of migrant students and other persons in the community that are familiar with the functioning of the Migrant Education Program, and that understand the needs of migrant children in accordance with the California Educational Code AB 1382, Section 8, 54444.2., Federal Regulation C.F. R. 201-35.

Section 2: Composition of the Council of Migrant Parents

The Council will be composed of no less than 66.6% (two thirds) of parents whose children are being served or qualify to be served by the Migrant Education Program. The membership to the Council will be determined through elections of the Council of Migrant Parents of the operating agencies. If an operating agency election fails to elect the 66.6% of migrant parents required at the state level, the Board of Directors of the Council will notify the operating agency that the representative will be unable to serve as a member of the Council. The State Office will annually verify the eligibility of the members.

Section 3: Representatives of Operating Agencies

This Council will be composed of two representatives of each operating agency. The State Director is to assure that agencies comply. Agencies of direct funds will have the option of choosing, by members of the Council of Parents, one or two representatives.

Section 4: Public Relations – Not Official Member

In charge of public relations representing the Council at different functions designated by the Executive Committee.

Section 5: Rights and Responsibilities

  1. New representatives to the Council will have to specify in a letter of introduction whether they are migrant parents or elected community members.

  2. The representatives will annually present a report, on a rotating basis, about the activities of their operating agency for the consideration of the Council.

  3. Each member of the Council will have all the rights, benefits and privileges that this Council will grant and also will be subjected to all the responsibilities and duties to include adherence to the Code of Conduct and the Policy Against Discrimination and Sexual Harassment.

Section 6: Terms of Members

  1. The members of the Council shall be elected for a two-year term.

  2. The members can serve more than one term if they are reelected by the parents of the operating agency.

Section 7: Voting

  1. Each member will have the right to one vote.

  2. Absentee votes will not be allowed.

Section 8: Dismissal of Members

A member can be dismissed of his or her membership by CDE when there is a finding of discrimination based on sex, including sexual harassment. This dismissal is irrevocable. In addition, three-quarters (3/4) of the votes of all Members after an adequate hearing if:

  1. His or her actions are against the well being of the migrant children or parents and the goals and objectives of the program.

  2. He or she misses two or more consecutive (regular) meetings, including meetings that take place during summer school, without having previously notified the Council with a valid excuse.  The State Director will send a letter to the operating agency and to the member informing them that if he or she misses a third consecutive meeting, the operating agency will have to elect a new representative.

  3. The State Director will notify the operating agency in writing of any action taken by the Council.

Section 9: Change of Alternate Members

  1. Membership cannot be transferred or assigned to another person without the prior approval of the Council of Parents in the operating agency that they represent.

  2. An alternate member(s) must be chosen by the Council of Parents of the operating agency that the member represents.

  3. The name(s) of possible members will be sent to the Department of Education, migrant section.

  4. An alternate member(s) will be able to vote in the absence of an official member.

  5. An alternate member(s) will not be able to be nominated to official responsibilities, such as an official of the board of directors.

Section 10: Resignation

Any member can resign his or her post on the Council, by notifying the director of the operating agency and the Council in writing.

 

Article IV - Meetings

Section 1: Regular Meetings

  1. The Council will meet on the third weekend of every month when notified.

  2. Notice of Meetings will be sent to members no

  3. The date, time, place, including the agenda and the minutes will be sent in writing.

  4. The Council meetings and those of the subcommittees will be open to the public.

Section 2: Special Meetings

  1. Special meetings can be called by the following:

    1. The President.

    2. The Vice-president.

    3. The Director of the Migrant Program.

    4. The majority of the Council members.

  2. Special meetings will be determined by the circumstances of each case, and they can be notified in writing or by telephone, in accordance with Article IV, Section 1.

Section 3: Meeting Place

The state director, with the Council's advise, will designate where the monthly meetings will take place.

Section 4: Establishing a Quorum

A quorum will consist of 50% of the members plus one, of those that have been officially elected to the Council. A quorum of 50% plus one is necessary to discuss and make decisions on any issue or matter.

Section 5: Procedures to Present Issues or Matters Before the Council

The president and the Board of Directors and the representative of the Department of Education will meet to prepare the agenda for all the Council meetings. The members should receive the agenda ten (10) days prior to the meetings. A single member of the Council can request that other issues or matters be included in the agenda only if that member presents his or her petition in writing or verbally during the approval of the agenda.

Section 6: Guidelines for the Procedures of the Meetings

The President will lead all Council meetings according to the procedures as described in Robert's Rules of Order. The President will vote in the case that there is a tie or impasse during the meeting. The president, at his or her absolute discretion, will determine how much time will be allowed to discuss new issues. New issues will be presented to the Council for approval or disapproval.

Section 7: Conduction of Meetings

  1. The meeting will be held in the language of the majority of the members present.

  2. An interpreter will be provided when necessary.

  3. All Council and subcommittee meetings will be conducted according to the parliamentary procedures of Robert's Rules of Order.

 

Article V - Officials

Section 1: Officials

The officials of the Council are: President, Vice-president, Secretary, Treasurer, and Sergeant at Arms.

Section 2: Election and Terms of Officials

  1. Electoral Committee. An electoral subcommittee will be established every two years prior to the Council elections, in the month of December or January. The council will invite neutral persons to participate in this committee.

  2. Eligibility of Officials of the State Council. The composition of the State Council will be subjected to what is mandated by Article III, Section 2, paragraph 1.

  3. Council Officials will be elected for a term of two years at the regular meeting held in February.

  4. Members can be reelected for no more than one additional term (two years) for the same position.

  5. Nominations will be made one month prior to the elections.

Section 3: Removal of Officials

Officials elected by the Council can be removed of their post in accordance with Article III, Section 8.

Section 4: Positions

  1. All vacant positions of officials will be filled no later than two months after being vacated.

  2. The process followed to fill a vacated post will be done according to Article 111, Section.

Section 5: Duties and Responsibilities of Officials

  1. President

    1. Directs all Council meetings.

    2. Signs letters, forms and other documents of the Council.

    3. Appropriately exercises all necessary duties and obligations that the post requires.

    4. Signs, along with the Treasurer, all checks to pay for the expenses approved by Council.

  2. Vice-president

    1. Performs all duties of the President in his or her absence.

    2. Performs all other responsibilities that may be assigned by the President or the Council.

  3. Secretary

    1. Takes notes and files minutes of all Council meetings.

    2. Performs other responsibilities that might be assigned by the President or the Council.

    3. Is responsible for bringing Robert's Rule, AB 1382 and statutes to all meetings.

  4. Treasurer

    1. Responsible for the Council's money.

    2. Deposits the Council's money at a designated bank.

    3. Keeps records of the moneys in the books and periodically reports to the Council with respect to the bank statement and account balance.

    4. Signs, along with the President, checks to pay for the expenses approved by the Council.

  5. Sergeant at Arms

    1. Is the only authority in charge of keeping the sequence and the order of the Council meetings?

    2. In charge of granting the right to speak to those that ask for it.

    3. In charge of calling the meeting to order when necessary.

 

Article VI - Subcommittees

Section 1: Function

The Council shall perform its duties and responsibilities through a structure of subcommittees. The Council can establish or abolish as many subcommittees as it deems necessary. Members of those subcommittees, whether they are special or permanent, cannot take any decisions without the explicit authority of the Council.

Section 2: Membership

The Board of Directors of the Council will appoint members to the subcommittees.

Section 3: Term in the Post

Each member of a subcommittee will continue as such through the term of his or her appointment or until his or her successor is appointed, unless the subcommittee is terminated or abolished or that the said member ceases to qualify as a member of the Council.

Section 4: Rules and Norms

Each subcommittee will adopt rules in accordance with the regulations adopted by the Council.

Section 5: Quorum

A majority of the subcommittee constitutes a quorum, and the action of a majority of the Members present in a meeting where there is a quorum will be considered an official action of the subcommittee.

Section 6: Vacancies

A vacancy among the members of a subcommittee can be filled in the same manner as the original positions were filled.

 

Article VII - Amendments

The above statutes can be amended in the following manner:

  1. Amendments will be proposed and presented in writing and explained to the members of the Council during their regular meeting.

  2. All voting or actions will take place in the next regular meeting.

  3. Three-quarters (3/4) of the majority of the votes of the members present are required in order to approve an amendment.

  4. The amendments will carry the effect and intentions expressed by the Council. The amendments will comply with all federal and state guidelines, and AB 1382.

 

Article VIII

In the case that these statutes are not in accordance with federal and state guidelines and AB 1382, the Council will make all the necessary amendments to these statutes in order to comply with the said guidelines.

 

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Signature of the President of the Council

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Date

 

Revised: 11-20-98
G:Migrant:Frank:SPAC:SPACregs.doc)

Parents Involved in the Regional Migrant Parents Advisory Council