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Subchapter 2. Migrant Education. Article 5. Statewide Parent Advisory Council. Nominations, Verification of Eligibility, Elections, and Assumption of Office of Eligible Parent Members.   

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(a) Within 30 days of adoption of this Article, and by March 31 of each even number year thereafter, each Migrant Region shall convene a RPAC meeting for the purpose of nominating eligible parents to the SPAC. At that meeting, parents of eligible migrant children shall nominate eligible migrant parents as candidate(s) for election to membership on the SPAC. Such nominations shall occur as follows:

(1) All nominations shall occur at a single RPAC meeting.

(2) At the time of their nomination, only parents of eligible migrant children who are enrolled in or receiving services from an operating agency within the service area of the Migrant Region holding the election are eligible to nominate and be nominated as a parent member of the SPAC.

(3) An eligible parent nominated for election to the SPAC need not be an elected member of the RPAC holding the election.

(4) At the nominating meeting, the president of the RPAC shall invite parents of eligible migrant children to orally nominate eligible migrant parents for membership on the SPAC.

(5) A nominating parent may only nominate one person.

(6) Only an eligible parent present at the RPAC nominating meeting may be nominated.

(7) The Regional Director or designee shall record the name of the nominee.

(8) The RPAC president shall ask the nominee whether he or she accepts the nomination.

(9) The person nominated shall orally answer in the affirmative if he or she accepts the nomination.

(10) The Regional Director or designee shall record the name of the nominee(s) who accept their nomination.

(11) Immediately after receiving and recording nominations and acceptances, the Regional Director shall read aloud the names of the persons who were nominated and accepted the nomination. The Regional Director shall then provide parents of eligible migrant children with an opportunity to make corrections to the list of nominees.

(12) The parents accepting nominations shall be the only nominees eligible for election to the SPAC pursuant to subdivision (b).

(13) Within 10 days of the meeting held and nominations made pursuant to subdivision (a), and by April 10 of each even number year thereafter, the Regional Director or designated official from the Migrant Region whose RPAC is holding the election shall verify the eligibility of the parents nominating a candidate for membership on the SPAC, as well as the eligibility of the nominees.

(b) Within 30 days of the meeting held and nominations made pursuant to subdivision (a), and by May 1 of each even number year thereafter, each Migrant Region shall convene a RPAC meeting for the purpose of electing one parent member to the SPAC. Elections shall occur as follows:

(1) Each RPAC shall elect one eligible parent to serve as a member of the SPAC.

(2) Only parents nominated pursuant to subdivision (a) may be elected to the SPAC.

(3) Only parents of eligible migrant children who are enrolled in schools within the service area of that Migrant Region may vote to elect parent candidates.

(4) Elections pursuant to this section shall occur at a single meeting of the RPAC.

(5) Only parents of eligible migrant children actually present at the RPAC meeting in which the election is held may vote.

(6) Voting shall be by secret ballot.

(7) Parents eligible to vote shall cast a single vote for the nominee of their choice.

(8) Votes shall be counted and tallied at the same meeting in which the election is held.

(9) The Regional Director or designated official from the Migrant Region whose RPAC is holding the election, along with two additional RPAC members, shall count and tally the votes.

(10) The nominee receiving the most votes, whether a majority or a plurality, shall be elected to the SPAC.

(c) The Regional Director or designated official from the Migrant Region whose RPAC is holding the election shall publicly announce the winner of the election at the same meeting in which the election is held.

(d) Eligible parent members elected to the SPAC shall assume office immediately upon election.

(e) Upon election of new eligible parent members to the SPAC, membership of previous parent member(s) not reelected to the SPAC shall immediately terminate.

(f) Each Regional Director shall take all reasonable measures to encourage and facilitate the implementation of this section.

Authority cited:

Education Code 54444.2

Reference:

Education Code.54444.2

(Added by Register 2014, No. 35.)