Iowa’s
Special
Education Advisory Panel
By-Laws and
Operating Procedures
(Approved
December 13, 1995)
(Revised March 6, 1998)
(Revised
February 2, 2000)
(Revised June
14, 2001)
(Revised April
22, 2004)
2004
Introduction
The purpose of this manual is to provide information and resources that clarify the role of the Iowa Special Education Advisory Panel (SEAP) in the education of Iowa youth. Its membership is composed of individuals involved in, or concerned with, the education of children with disabilities.
The SEAP shall have, and will perform, functions and duties as specified by law. Responsibilities include offering advice, consultation, and recommendations to the Iowa Department of Education regarding matters concerning special education services.
The role of the
panel members is to advise, not advocate, for an individual position. Advise means to inform, counsel, recommend,
suggest or guide. To advocate means to
plead for your case or position, to favor an individual case or argument. The advisory panel is to provide advice,
based on facts and good judgment.
The Iowa SEAP is a collaborative resource that envisions its role as an advocate for all children with special needs and their families on issues of special education in Iowa. As such, it is committed to representing individuals with diverse and changing educational needs. Similarly, this manual is viewed in a state of continual development, attempting to provide supportive resources that meet the needs of the SEP membership.
Questions concerning the Special Education Advisory Panel and the Panel’s operation should be directed to the Bureau of Children, Family and Community Services, Steve Maurer, Panel Facilitator: (515) 281-3576, Fax (515) 242-6019, or steve.maurer@ed.state.ia.us or
Lana Michelson, Chief
Bureau of Children, Family and Community Services
Iowa Department of Education
Grimes State Office Building
Des Moines, IA 50319-0146
(515) 281-5735
Fax: (515) 242-6019
Belief Statements
The Iowa Special Education Advisory Panel believes that:
A. All Children—
· Must be viewed as children and treated as individuals, not as categories or groups;
· Must receive services and opportunities that challenge them to learn, grow, and develop to their fullest extent.
B. Quality special education in Iowa should—
· Be a shared responsibility involving the collaborative efforts of school, community, students, and their families;
· Be provided in an appropriate environment;
· Be child-centered, results-oriented, and specifically designed for the individual;
· Address need when they arise;
· Be supported by qualified, competent, caring staff; and adequate, equitable resources;
· Ensure that attainment of real skills.
Mission Statement
The Iowa Special Education Advisory Panel serves as a collaborative resource to advise on issues of best practice and special education compliance on behalf of all children with special needs and their families. This Panel provides opportunity for dialogue among diverse stakeholders regarding philosophies and policies that will result in successful outcomes for persons with disabilities (2004).
Vision Statement (2000)
All Children are members of communities that provide opportunities and needed supports for meaningful lives and quality education experience.
By-Laws and Operating Procedures
Section 1. The name of the organization shall be
the Iowa Special Education Advisory Panel (herein referred to as the Panel).
Authority
Section 2. The Panel exists by authority of the
Individuals with Disabilities Education Act (IDEA) and as amended.
Article II
Purpose
Section 1. The purpose of the Panel is to advise
the Iowa Department of Education with the provision of free and appropriate
public education for children with disabilities.
Functions
Section 2. The functions of the Panel are to:
(a)
Advise
the state educational agency of unmet needs within the State in the education
of children with disabilities;
(b)
Comment
publicly on any rules or regulations proposed by the State regarding the
education of children with disabilities;
(c)
Advise
the State educational agency in development evaluations and reporting on data
to the Secretary under section 618;
(d)
Advise
the State educational agency in developing corrective action plans to address
findings identified in Federal monitoring reports under Part B of this Act;
(e)
Advise
the State educational agency in developing and implementing policies relating
to the coordination of service for children with disabilities; and
(f)
Advise
the State educational agency on eligible students with disabilities in adult
prisons.
Authority: 20 U.S.C. 141(a)21(D))
Article III
Membership
Section 1. The membership of the Panel shall
consist of representatives from public and private sectors who by virtue of
their position, interest, and training can contribute to the education of
children with disabilities. There shall
be at least 20, but no more than 32 members.
A majority (51%) of the members of the Panel must be individuals with
disabilities or parents of children with disabilities.
(a)
Membership
required by IDEA (34CFR§300.651)
· Parents of children with
disabilities;
· Individuals with
disabilities;
· Teachers;
· Representatives of
institutions of higher education that prepare special education and related
services personnel;
· State and local education
officials;
· Administrators of programs for
children with disabilities;
· Representatives of other
State agencies involved in the financing or delivery of related services to
children with disabilities;
· Representatives of private
schools and public charter schools;
· At least one representative
of a vocational, community, or business organization concerned with the
provision of transition services to children with disabilities;
· Representatives from the
State juvenile and adult correction agencies.
(b)
Others
desired but not required
· Teacher certified in special
education;
· Teacher certified in general
education;
· Parent of a child in general
education;
· Parent advocacy groups;
· Professional education
organizations;
· Department of Public Health;
· Department of Human
Services;
· Division of Vocational
Rehabilitation;
· Board of Regents Office;
· AEA administrator;
· Urban Network
representative;
· AEA director of special
education
Appointments and Selection
Section 2. Members of the Panel shall be appointed
by the Director of the Iowa Department of Education (IAC256.9#14). The Director shall ensure that the
membership of the Panel is reasonably respresentative of the State population
(34 CFR§300.651). Applications for
membership are accepted by the Bureau of Children, Family and Community
Services. A Nomination Committee,
appointed by the Chairperson, will seek nominations to the Panel.
Term of Membership
Section 3. Term of membership shall be for three
years, except those appointments made to fill an unexpired term. Appointments shall be staggered terms of
office to ensure that new appointments do not exceed approximately one third of
the membership. Members shall not be
appointed for more than two consecutive terms.
The Executive Committee where appropriate can appoint a member to serve
for more than two terms. The membership
appointment will commence July 1 of the first year and end June 30 of the third
year. Each new member must attend a
September orientation prior to becoming an actual member.
Termination
Section 4. Failure to attend two Panel meetings in
a year shall result in a contact and review by the state educational agency for
possible recommendation for termination.
Designees
Section 5. Members unable to attend a Panel meeting
may appoint a designee to represent them at official Panel meetings. Attendance by the designee shall not
constitute attendance under Article III, Section 4. Designees may exercise the rights and privileges of the member
represented. If expense of designees
are to be reimbursed, the Panel Facilitator must be notified prior to the
meeting.
Nondiscrimination Statement
Section 6. It is the policy of the Iowa Department
of Education not to discriminate on the basis of race, color, national origin,
gender, disability, religion, creed, age, or marital status in its programs or
employment practices. If you have
questions or grievances related to this policy please contact Jeanette
McGreevy, Chief, Bureau of Administration and School Improvement Services,
Grimes State Office Building, Des Moines, IA 50319, (515) 281-4750.
Article IV
Meetings
Section 1. The time and place of regular meetings
shall be determined annually by the Executive Committee in conjunction with the
Iowa Department of Education. The
annual schedule of regular meetings shall include at least six meetings each
year, with the June meeting serving as the Annual Planning meeting. Meetings shall be held in accordance with
the official meetings open to Public Law, IAC, Chapter 21.
Section 2. Members of the Panel shall be notified
by first class mail or electronic mail of the time and place of regular
meetings at least ten (10) days prior to the time of the meeting.
Section 3. Minutes of each meeting shall be sent to
the Panel by first class mail or electronic mail within two weeks of the
meeting. All documents distributed at
each meeting will be sent to each absent member by mail or electronic mail
within two weeks of the meeting.
Minutes shall be made available to the public upon request.
Section 4. Any item that requires action by the
Panel should be submitted to the Chairperson at least two weeks prior to the
scheduled meeting.
Article V
Officers, Terms and Duties
Section 1. The Officers shall be elected by a
majority of the members present at the Annual Planning meeting in June.
Section 2. The term of office for elected officers
shall be one (1) year commencing on July 1.
Section 3. The officers shall form an executive
committee, which will be composed of the following individuals:
1.
Chairperson
2.
Vice
chairperson
3.
Chief
of the Bureau of Children, Family and Community Services
Section
4. Powers and duties of the
Chairperson:
a.
To
serve as the presiding officer of the Panel;
b.
To
plan and organize meetings;
c.
To
call regular meetings of the Panel;
d.
To
appoint sub-committees and their chairpersons within the Panel and call
meetings of the sub-committees;
e.
To
prepare and submit the annual report;
f.
To
formally represent the Panel to the Director of the Iowa Department of
Education;
g.
To
appoint a Nomination Committee to assist in filling vacancies on the Panel.
Section
5. Powers and duties of the
Vice Chairperson:
The Vice-Chairperson shall assume the role of
Chairperson in the absence, disability, or resignation of the Chair
person. The Vice-Chairperson shall be
elected by a majority of members present at the Annual Planning meeting in
June. July 1 the Vice-Chairperson shall
assume office for one year and then shall assume the position of Chair person
the following year. Should a vacancy occur,
the Vice-Chairperson shall assume the role of Chairperson. A new Vice-Chairperson shall be elected by a
majority of members present to complete the remaining term of office.
Section 6. The State Panel Facilitator (a
non-voting member) will collaborate with the Executive Committee to ensure that
the following occurs:
1.
Assist
in organizing panel meetings;
2.
Complete
and disseminate a summary of proceedings from each meeting;
3.
Notify
members of meeting time and location;
4.
Conduct
follow up activities, including disseminating minutes to all members.
5.
To
assist in development of an Annual
Report for the Panel to approve;
6.
Assist
in communicating Panel advice and decisions to the Iowa Department of Education
leadership.
7.
Other
duties as assigned.
Article VI
Sub-Committees
Section 1. The Chairperson of the Panel shall
appoint sub-committees and their chairperson within the Panel as necessary.
Section 2. The Chairperson of the sub-committees
shall call individual meetings of their sub-committee.
Section 3. The Iowa Department of Education shall
provide resources to the committees or work groups as stipulated in the
approved Part B Application and Budget.
Section 4. Sub-committee Chairperson shall have the
authority as needed to invite individuals outside the Panel to serve in a
resource capacity to assist the sub-committee in achieving its task.
Section 5. All sub-committees shall report their
findings to the full Panel.
Article VII
Panel Procedures
Section 1. Advisory Panel meetings shall be open to
the public and publicized in advance of the meeting.
Section 2. Advisory Panel meetings shall be
conducted in facilities that are accessible to those with disabilities.
Section 3. Reasonable accommodations shall be made
for all members and guests.
Section 4. The Advisory Panel will serve without
compensation, but the State will reimburse Panel members for reasonable and
necessary expenses for attending meeting and performing duties.
Section 5. A quorum shall be constituted by a
simple majority of the membership.
Section 6. In the absence of the chairperson, the
Vice-Chairperson will preside at the meeting.
Section 7. Persons or organizations wanting to
address the Panel shall be placed on the agenda by making a request to a Panel
member prior to a scheduled meeting.
Individuals shall also have the opportunity to comment during the public
comment portion of each meeting.
Section 8. The Advisory Panel shall conduct at
least six meetings each year. The
Annual Planning meeting shall be held in June.
The new member orientation meeting shall be held in September.
Section 9. The Panel shall attempt to reach
consensus on all business items. Voting
shall be decided by a simple majority vote by members present. The Chairperson shall break any tie vote. Dissenting opinions shall be accepted and
noted in the minutes.
Section 10. Items not specified by law, rules, or
by-laws shall be governed by Robert’s Rules of Order.
Section 11. By-Laws shall be amended by a two-thirds
(2/3) majority vote of members present and voting. Proposed changes to the by-laws shall be submitted in writing to
the Chairperson a minimum of thirty (30) days prior to the vote.
Section 12. No member of the Panel shall cast a vote
on any matter that would provide direct financial benefit to that member, their
family, representative organization or otherwise give the appearance of a
conflict of interest.
Section 13. By June 30 of each year, the Advisory
Panel shall submit an Annual Report of Panel activities and recommendations to
the Iowa Department of Education. This
report shall be available to the public in a manner consistent with public
reporting requirements.