The CAC's authority to fulfill its responsibilities

Post date: Updated Nov 25, 2022

au·thor·i·ty

əˈTHôritē,ôˈTHär-/

noun
the power or right to give orders, make decisions, and enforce obedience.
"he had absolute authority over his subordinates"


CAC Authority

CACs are mandated by state and federal statutes and regulations that address parent involvement in Special Education. The CAC is designed in the legislative spirit and intent to establish a local forum for active parent involvement. The CAC functions in advisory capacity.

The CAC is part of the governing structure of the SELPA, in that it acts as an advisory body. The SELPA provides logistical and fiscal support for CACs to carry out their role and responsibilities. The CAC, as a voting body, has the authority to fulfill the responsibilities that are defined for it in the Local Plan, which are defined also in Ed Code. It is important that CACs be clear on this in order for them to act in the true spirit of the legislative intent for CACs.

As a voting membership, the CAC is fully responsible to make decisions in order to fulfill its responsibilities.

30 EC 56194 - Community Advisory Committee Authority; Responsibilities

56194. The community advisory committee shall have the authority and fulfill the responsibilities that are defined for it in the local plan. The responsibilities shall include, but need not be limited to, all the following:

(a) Advising the policy and administrative entity of the special education local plan area regarding the development, amendment, and review of the local plan. The entity shall review and consider comments from the community advisory committee.

(b) Recommending annual priorities to be addressed by the plan.

(c) Assisting in parent education and in recruiting parents and other volunteers who may contribute to the implementation of the plan.

(d) Encouraging community involvement in the development and review of the local plan.

(e) Supporting activities on behalf of individuals with exceptional needs.

(f) Assisting in parent awareness of the importance of regular school attendance.

The CAC has the full authority to set its meeting agendas, facilitate its meetings, select meeting and training speakers, develop and update bylaws, establish plans and goals for the CAC, develop reports and recommendations to the SELPA Administration and governing board, and to carry out its other responsibilities that are defined for it in the Local Plan and CA Ed. Code.

30 EC 56836.23 - Performance of Functions as Condition to Receiving Funds for Regionalized Operations and Program Specialists

56836.23. Funds for regionalized operations and services and the direct instructional support of program specialists shall be apportioned to the special education local plan areas. As a condition to receiving those funds, the special education local plan area shall ensure that all functions listed below are performed in accordance with the description set forth in its local plan adopted pursuant to Section 56205:

(a) Coordination of the special education local plan area and the implementation of the local plan.

(b) Coordinated system of identification and assessment.

(c) Coordinated system of procedural safeguards.

(d) Coordinated system of staff development and parent and guardian education.

(e) Coordinated system of curriculum development and alignment with the core curriculum.

(f) Coordinated system of internal program review, evaluation of the effectiveness of the local plan, and implementation of a local plan accountability mechanism.

(g) Coordinated system of data collection and management.

(h) Coordination of interagency agreements.

(i) Coordination of services to medical facilities.

(j) Coordination of services to licensed children's institutions and foster family homes.

(k) Preparation and transmission of required special education local plan area reports.

(l) Fiscal and logistical support of the community advisory committee.

(m) Coordination of transportation services for individuals with exceptional needs.

(n) Coordination of career and vocational education and transition services.

(o) Assurance of full educational opportunity.

(p) Fiscal administration and the allocation of state and federal funds pursuant to Section 56836.01.

(q) Direct instructional program support that may be provided by program specialists in accordance with Section 56368.

The SELPA administration is required to provide fiscal and logistical functional support to the CAC as a condition to receiving its funding. The CAC acts autonomously in fulfilling responsibilities and in advising the governing board and administrative entity for the SELPA. CACs are also subject to the Ralph M. Brown Act and this requires that only the CAC voting membership may make decisions, commitments, or actions on behalf of the CAC. Employees and administrators within the SELPA do not oversee the CAC, make decisions on behalf of the CAC, or give final approval on CAC actions. This autonomy enables the CAC to act in the true spirit of the legislative intent for CACs as a forum for active parent involvement.