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Vocational and Educational Services for Individuals with Disabilities (VESID)
Special Education and Vocational Rehabilitation Services

 Please note: These Bylaws have been amended to reflect changes in federal and State law and regulations.

March 2007 Revised

COMMISSIONER'S ADVISORY PANEL FOR SPECIAL EDUCATION SERVICES

                                   WORKING PAPER ON ORGANIZATION

I.   Responsibilities

1. The responsibilities of the Panel, which functions in an advisory capacity to the Office of Vocational and Educational Services for Individuals with Disabilities for the purpose of providing policy guidance with respect to special education and related services, are prescribed by section 4403 (6) of the New York State Education Law, section 612 of the Individuals with Disabilities Education Act (IDEA), and Code of Federal Regulations (CFR) sections 300.167 – 300.169 and include:
   
   1. To advise the Governor, Legislature and the Commissioner of the State Education Department of unmet needs within the State in the education of children with disabilities.
   2. To comment publicly on any rules or regulations proposed for issuance by the Commissioner regarding the education of children with disabilities.
   3. To comment publicly on the procedures for distribution of funds under Article 89 of the State Education Law.
   4. To advise the State Education Department in developing procedures for evaluations of the special education system and reporting on data to the Secretary of Education under section 618 of IDEA.
   5. To advise the State Education Department in developing corrective action plans to address findings identified in federal monitoring reports under Part B of IDEA.
   6. To advise the State Education Department in developing and implementing policies relating to the coordination of services for children with disabilities.
   7. To advise the State Education Department on the education of eligible students with disabilities who have been convicted as adults and incarcerated in adult prisons.
      
      
2. The Advisory Panel shall meet as often as necessary to conduct its business.
   
3. Official minutes will be kept on all Panel meetings and are available to the public on request and on the CAP website.
   
4. All meetings and agenda items are to be publicly announced prior to the meeting, and meetings will be open to the public.
   
5. The State Education Department shall transmit findings and decisions regarding appeals of impartial hearings to the State Advisory Panel.
   
   
6. Members of the Advisory Panel shall serve without compensation but their reasonable and necessary expenses for attending meetings and performing duties will be reimbursed.

II.  Membership

A.  Voting Members

The Commissioner of Education will `appoint to a three-year term, to run from July 1 to June 30. Any vacancy on the Panel shall be filled by appointment by the Commissioner for the unexpired portion of the term. The Panel may make recommendations to the Commissioner of Education on the appointments and reappointments.  A majority of the members of the Panel shall be individuals with disabilities or parents of children with disabilities (ages birth through 26). Members appointed to the Panel shall include representatives of each of the following categories:

1. Individuals with disabilities.
2. Parents or guardians of children with disabilities (ages birth through 26).
3. Teachers.
4. State and local education officials, including officials who carry out activities under subtitle 3 of Title VII of the McKinney-Vento Homeless Act.
5. Representatives of institutions of higher education that prepare special education and related services personnel.
6. Administrators of programs for children with disabilities.
7. Representatives of other State agencies involved in the financing or delivery of related services to children with disabilities.
8. Representatives of private schools and public charter schools.
9. At least one representative of a vocational, community or business organization concerned with the provision of transition services to children with disabilities.
10. Representatives from the State juvenile and adult corrections agencies.
11. A representative from the State’s child welfare agency responsible for foster care.

Members are appointed based on the category that they represent; however, each member continues through his/her complete term regardless of change of status or affiliation unless there is a conflict of interest.  While the members are chosen on the basis of such categories and speak as members of the groups they represent, they participate as individuals whose sole interest is in the betterment of children and youth who are disabled.

2. Nonvoting Members

Ad Hoc Members who represent the Department of Health and representatives of general education.

3. Representatives from other Advisory Panels/Councils such as representation from the State Rehabilitation Advisory Council.

        *(Representative – a person so appointed by the Commissioner of Education)

III. Staff

1. The Coordinator, Special Education Policy of the Office of Vocational and Educational Services for Individuals with Disabilities shall appoint a staff person to coordinate the Panel.
   
2. That Coordinator shall be responsible for performing duties as are appropriate to the responsibilities of the Panel as directed and in cooperation with the chairperson, including but not limited to the following:
   1. Assist the Panel in the performance of its responsibilities under section 612 of IDEA.
   2. Maintain the minutes of Panel meetings, the records of the Panel and assist the chairperson in preparation of meeting agendas, materials and distribution of publications of interest to Panel members (including Commissioner's decisions).
   3. Arrange for all meetings and facilities and payments to the members for all actual and necessary expenses in relation to attendance at Panel meetings and discharge of their Panel responsibilities.
   4. Prepare and transmit information and updates for the Panel.
   5. Provide information to members regarding legislation impacting on children with disabilities.

IV. Meetings

1. The Panel shall meet at least three times each year. The Chairperson, in consultation with the Executive Committee, will establish the dates for such meetings for the entire year and have this information available to all Panel members prior to that year.
   
2. Special meetings, as required, may be convened by the chairperson, the Coordinator and/or by a petition of five members of the Panel.
   
3. A written notice of regular meetings shall be mailed or emailed to each member by the Coordinator at least fifteen days prior to each meeting.  A written notice of each special meeting shall be mailed to each member by the Coordinator at least 12 days prior to the meeting. Such notices shall state the time, place and purpose for which the meeting is called.
   
4. Panel members should submit items to be considered for the agenda of the next scheduled meeting to the Panel Chairperson not later than fifteen days before that meeting. The Coordinator will send the agenda with all available and relevant data to all Panel members.
   
5. No Panel member may be represented at a Panel meeting by a substitute.  Proxy voting is not permitted.
   
6. A quorum of the Panel is fifty-one percent of its appointed membership.  When the quorum falls below fifty percent, a two-thirds majority vote of the members present is required to pass a motion. At any other time, a simple majority is sufficient to pass a motion.
   
7. Meetings of the Panel shall be open, accessible to the public and through webcast. Personnel and confidential matters, the disclosure or public discussion of which would, in the opinion of a majority of the members present, be detrimental to the individuals involved or to the effective discharge of the Panel's responsibilities, may be discussed in executive session. The Coordinator shall maintain a log of visitors and, in cooperation with the chairperson develop procedures for orderly response or discussions between the Panel and nonmember attendees, as appropriate.
   

V.  Officers and Their Duties

1. The officers (Executive Committee) of the Panel shall consist of a chairperson, vice-chairperson, and secretary.
   
2. One member of the Advisory Panel shall be designated as chairperson by the Commissioner for a two-year term.  The vice-chairperson and secretary are elected by the Panel at the first autumn meeting of the Panel for a one-year term.
   
3. The chairperson shall be the presiding officer and shall preside over all regular, special, executive and public meetings of the Panel. 
   
4. The vice-chairperson, in the absence of the chairperson, shall perform the duties of the chairperson.
   
5. The secretary shall be responsible for recording the minutes at all Panel meetings.

VI. Responsibilities of the Members

1. The responsibilities of Panel members shall include:
   1. Attendance at all State Panel meetings.  In the event that a member does not attend two (2) consecutive meetings without good cause, the Panel may recommend to the Commissioner that this person be replaced.  Anyone who is not going to attend a meeting is expected to so inform the Coordinator prior to the meeting. The Coordinator should also be informed of partial attendance.
   2. Attendance and involvement in local and area meetings and conferences on individuals with disabilities in their home geographical area are encouraged. However, the only designated official spokesperson for the Panel shall be the chairperson. The chairperson, after consultation with the vice-chairperson, will delegate a Panel member to attend the meetings in an emergency.
   3. Representation of the constituency while serving on assigned standing and periodic consultation with constituencies.

VII.     Executive Committee

1. General Duties
   1. The Executive Committee of the Panel shall be comprised of the Panel chairperson, vice-chairperson, and secretary.  The functions shall include meeting on call of the Panel chairperson to conduct the administrative business of the Panel.
   2. Panel members shall receive from the Coordinator notice of these meetings. 

VIII.    Rules of Order