The name of the Organization shall be the Special Education Advisory Council (the Council).

The mission of the Council is to guide and assist the Hawaii Department of Education in fulfilling its responsibility to meet the individual needs of children with disabilities in accordance with the state and federal laws.

Functions of the Council

1. To advise the Department of Education of unmet needs and any other issues or concerns within the state in the education of students with disabilities.

2. To comment publicly on the rules or regulations proposed for issuance by the State regarding the education of children with disabilities.

3. To advise the Department of Education in developing evaluations and reporting on data to the Secretary of Education, U.S. Department of Education, in the performance of his/her responsibilities under Section 618 of the Individuals with Disabilities Education Act.

4. To advise the Department of Education in developing corrective action plans to address findings identified in the Federal monitoring reports.

5. To advise the Department of Education in developing and implementing policies relating to the coordination of services for children with disabilities.

6. To monitor the implementation of activities and timetable pursuant to consent decrees or court orders regarding the education of children with disabilities.

Membership

Membership shall be by appointment of the Superintendent. There shall be at least 22 members which shall be broadly representative of the State population and composed of individuals involved in or concerned with the education of children with disabilities. The majority of members shall be individuals with disabilities or parents of children with disabilities.

The membership must include persons representing each of the following groups and at least one member of the Council shall be from each administrative school district:

1. Individuals with disabilities
2. Teachers (regular and special education) of children with disabilities
3. Parents of children with disabilities
4. Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities

a. Department of Health Child and Adolescent Mental Health Division
Developmental Disabilities Division
Family Health Services Division
b. Department of Human Services
Division of Vocational Rehabilitation
Child Protective Services

5. Special Education Section, Department of Education
6. University of Hawaii and other representatives of other institutions of higher education that prepare special education and related services personnel
7. State and local education officials
8. Students with disabilities
9. Administrators of programs for children with disabilities

10. Representatives of private school and public charter schools

11. Representative of a vocational, community or business organization concerned with provision of transition services to children with disabilities
12. Representatives from the State juvenile and adult corrections agencies

Members will be appointed for a three year term commencing in June of each year. The terms will be staggered. One third of the membership shall be appointed each year except that the student representative(s) shall be appointed annually.

A list of persons to replace members whose terms have expired will be developed by the Executive Committee. The recommended list will be sent in May of each year to the Superintendent for consideration.

The Executive Committee will also recommend to the Superintendent names of persons to fill vacancies as they occur.

A quorum shall consist of one-half of the current membership.

Members who are absent without prior notice two times during the school year will be contacted by the chairperson to determine interest in membership. Three absences without prior notification will result in a recommendation to the Superintendent that the person's membership be terminated and a replacement appointed.

Members who wish to resign from the Council shall submit a written notice to the chairperson who shall forward the resignation to the Executive Committee for action.
Officers

The Officers of the Council shall be a Chairperson and Vice Chairperson who shall serve a one year term.

The election of officers shall occur at the last meeting of the school year and shall be by majority vote by members present and casting a vote.

In the event of a vacancy in the position of the Chairperson, the Vice Chairperson shall complete the unexpired term. The Council may fill the vacant position of Vice Chairperson by taking nominations from the floor and upon a majority vote by members present at a regular meeting.

Duties of Officers

It shall be the duty of the Chairperson to preside at all meetings of the Council, to enforce the By-laws, to appoint committees, to assure appointment of committee chairpersons, and to assure completion of various assignments.

It shall be the duty of the Vice Chairperson to assist the Chairperson when called upon and perform the Chairperson's duties in the absence of the Chairperson.
Committees

The Executive Committee shall consist of the Chairperson, Vice Chairperson, committee chairpersons, and a Department of Education representative. They may meet or confer at the call of the Chairperson to set the agenda and conduct any business referred to it by the Council. Executive Committee action is subject to the approval of the Council.

Additional standing committees shall be established by the Council. Ad hoc committees shall be appointed by the Council Chairperson.

The Chairperson shall appoint a Nominating Committee from the membership of the Council. The Nominating Committee will select a slate of officers and present this slate to the membership of the Council at the last meeting of the school year. The slate shall include the name of the Vice Chairperson as the nominee for the position of Chairperson. Nominations for the Vice Chairperson will be accepted from the floor.
Committees (cont.)

The chairperson of each committee shall be a duly appointed member of the Council. Non-members of the Council may serve on the committees as non-voting members.
Procedures

The Council shall meet as often as necessary to conduct its business.

By July 1 of each year, the Council shall submit an annual report of Council activities and suggestions to the Department of Education. This report must be made available to the public in a manner consistent with other public reporting requirements of Part B of IDEA.

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

All Council meetings and agenda items must be publicly announced six calendar days prior to the meeting, and meetings must be open to the public.

Special meetings may be called upon the request of three or more members of the Council or upon the request of the Chairperson of the Council or the Department of Education.

Notice of and the agenda for each meeting and minutes of the previous meeting will be provided to the membership no later than ten days prior to the scheduled meeting.

Interpreters and other necessary services must be provided at Council meetings for Council members or participants.

Council members shall serve without compensation, but the State must reimburse members for reasonable and necessary expenses for attending meetings and performing duties.

Parliamentary Rules

The rules in Robert's Rules of Order, Revised, shall guide the Council.

Amendments

The By-laws may be amended at any regular meeting by a two-thirds vote of the membership and forwarded to the Superintendent. Notice of proposed amendments to the by-laws shall be provided to the Council at least ten days prior to the regular meeting.

Adopted by the Council: September 11, 1998