BILL NUMBER: AB 544	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2009

INTRODUCED BY   Assembly Member Coto

                        FEBRUARY 25, 2009

   An act to  add and repeal Section 6529.5 of the Government
Code, relating to joint powers agreements.   amend
Section 44262 of, and to add Article 14 (commencing with Section
44410) to Chapter 2 of Part 25 of Division 3 of Title 2 of, the
Education Code, relating to teacher credentialing. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 544, as amended, Coto.  Joint powers agreement: Tule
River Tribal Council.   Eminence credential: American
Indian languages.  
   Existing law authorizes the Commission on Teacher Credentialing
to, among other things, establish professional standards,
assessments, and examinations for entry and advancement in the
education process. The commission is authorized to issue an eminence
credential to any person who has achieved eminence in a field of
endeavor taught or service practiced in the public schools of
California.  
   This bill would require the commission, upon recommendation by a
tribal government, to issue an American Indian languages eminence
credential to a candidate who has demonstrated eminence in the tribal
language of a federally recognized Indian tribe in California. The
bill would authorize the holder of an American Indian languages
eminence credential to teach the tribal language for which he or she
is credentialed in a school district, public charter school,
education services district, community college, or institution of
higher education, and would make the holder of that credential
eligible for a professional clear teaching credential upon completion
of a specified period of time. The bill would authorize each
federally recognized American Indian tribe to develop a written and
oral assessment that should be completed before the applicant is
recommended for an American Indian languages eminence credential. The
bill would require the commission to establish the cost of
registration for the credential based on the actual cost of
maintaining records of those credentials.  
    The Joint Exercise of Powers Act authorizes 2 or more public
agencies, by agreement, to jointly exercise common powers and defines
public agencies for this purpose.  
   This bill would amend the act to authorize the Tule River Tribal
Council, as the governing body of the Tule River Indian Reservation
of California, a federally recognized Indian tribe to enter into a
joint powers agreement with the City of Porterville to create a joint
powers agency, known as the Porterville Airport Area Development
Authority (PAADA), for the sole purpose of developing approximately
1,200 acres of land in the vicinity of the Porterville Airport. The
bill would specify the membership of the PAADA's 5-member board and
require that all actions taken by PAADA be by an affirmative vote of
4 members of the board. The bill would authorize PAADA to take
various actions, including jointly planning land use, incurring debt,
making lease purchase arrangements, and issuing revenue bonds and
certificates of participation. The bill would prohibit PAADA from
authorizing or issuing bonds pursuant to the Marks-Roos Local Bond
Pooling Act of 1985, unless the funded public improvements will be
owned and maintained by PAADA or one or more public agency members,
and the revenue streams pledged to repay the bonds derive from PAADA
or one or more of its public agency members. The bill would repeal
its provisions on January 1, 2039.  
   This bill would state the findings and declarations of the
Legislature concerning the need for special legislation. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares the
following:  
   (a) Teaching American Indian languages is essential to the proper
education of American Indian children.  
   (b) Preserving American Indian languages is an important part of
our national heritage and can be of value to all Americans. 
   SEC. 2.    Section 44262 of the   Education
Code   is amended to read: 
   44262.   (a)     (1)    Upon
the recommendation of the governing board of a school district, the
commission may issue an eminence credential to any person who has
achieved eminence in a field of endeavor taught or service practiced
in the public schools of California. This credential shall authorize
teaching or the performance of services in the public schools in the
subject or subject area or service and at the level or levels
approved by the commission as designated on the credential. 
   Each 
    (2)     Each  credential so issued
shall be issued initially for a two-year period and may be renewed
for a three-year period by the commission upon the request of the
governing board of the school district. Upon completion of the
three-year renewal period, the holder of an eminence credential shall
be eligible upon application for a professional clear teaching
credential. 
   (b) (1) Upon recommendation of the tribal government of a
federally recognized Indian tribe in California, the commission shall
issue an American Indian languages eminence credential to a
candidate who has demonstrated eminence in that tribal language based
on an assessment developed and administered by that federally
recogized Indian tribe. The American Indian languages eminence
credential shall authorize the holder to teach the American Indian
language for which the credential was issued in California public
schools.  
   (2) Each American Indian languages eminence credential shall be
issued initially for a two-year period and may be renewed for a
three-year period upon recommendation of the tribal government. Upon
completion of the three-year period, the holder of an American Indian
languages eminence credential shall be eligible upon application for
a professional clear teaching credential for that language.
   SEC. 3.    Article 14 (commencing with Section 44410)
is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the
  Education Code   , to read:  

      Article 14.  American Indian Languages Eminence Credential


   44410.  The department and the commission shall establish an
American Indian languages eminence credential.
   44411.  (a) Each federally recognized American Indian tribe may
develop a written and oral assessment that should be successfully
completed before an applicant is recommended for an American Indian
languages eminence credential.
   (b) In developing the language assessment, an Indian tribe should
determine all of the following:
   (1) Which dialects of the tribal language will be included in the
assessment.
   (2) Whether the Indian tribe will standardize its writing system.
   (3) The standard of knowledge and fluency required to qualify for
an American Indian languages eminence credential in their tribal
languages.
   (4) Standards for effective teaching methods to be evaluated in
the classroom.
   (c) The tribe should also discuss the commitment to bear all costs
associated with American Indian languages eminence credentialing.
   (d) The assessment should be administered at an appropriate
location that does not create hardship for members of the Indian
tribe administering the assessment.
   44412.  Upon affirmation that candidate for an American Indian
languages eminence credential has demonstrated knowledge and fluency
at the required standard, the commission shall register the
candidate. The commission shall then issue an American Indian
languages eminence credential for three years to the candidate. The
American Indian languages eminence credential may be renewed every
two years by the credential holder through the tribe that
administered the assessment and then registered with the commission.
   44413.  (a) The commission shall accept candidates for the
American Indian languages eminence credential who have met all of the
following requirements:
   (1) The candidate has been certified by the tribal government as
having demonstrated the tribal language standards of knowledge and
fluency established by the tribal government.
   (2) The candidate's tribal government has paid the cost of
registering the credential.
   (b) The commission shall establish the cost of registration based
on the actual cost of maintaining records of these credentials. The
costs may be recalculated every three years, beginning in 2013.
   (c) Except for conviction of a felony and California's required
background check, the commission may not require that candidates meet
any other criteria than certification by the tribal government that
the individual has demonstrated eminence in the tribal language.
   44414.  (a) An American Indian languages eminence credential
qualifies the holder to teach in a school district, public charter
school, education services district, community college, or
institution of higher education.
   (b) The holder of an American Indian languages eminence credential
who does not also have a valid teaching credential issued by the
State of California may not teach in a public school, including a
charter school, any subject other than the American Indian language
for which he or she is credentialed.
   44415.  Upon agreement by the tribe, a tribe submitting a
candidate for an American Indian languages eminence credential shall
develop and administer a technical assistance program. The program
shall be offered by teachers credentialed in an American Indian
language who have three or more years of teaching experience. The
technical assistance program may consist of direct classroom
observation and consultation, assistance in instructional planning
and preparation, support in implementation and delivery of classroom
instruction, and other assistance intended to enhance the
professional performance and development of the American Indian
language teacher.  
  SECTION 1.    Section 6529.5 is added to the
Government Code, to read:
   6529.5.  (a) For purposes of this section the following
definitions shall apply:
   (1) "PAADA" means the Porterville Airport Area Development
Authority created pursuant to subdivision (b).
   (2) "Board" means the board of directors of PAADA created pursuant
to subdivision (c).
   (b) The Tule River Tribal Council, as the governing body of the
Tule River Indian Reservation of California, a federally recognized
Indian tribe, may enter into a joint powers agreement with the City
of Porterville to create a joint powers agency, to be known as the
Porterville Airport Area Development Authority, for the sole purpose
of developing approximately 1,200 acres of land in the vicinity of
the Porterville Airport. The Tule River Tribal Council is deemed to
be a public agency for purposes of this chapter.
   (c) (1) The board of directors of PAADA shall consist of two
members appointed by the city council of the City of Porterville, two
members appointed by the Tule River Tribal Council, and one member
appointed by the other four members.
   (2) An action taken by PAADA shall require an affirmative vote of
at least four members of the board.
   (d) PAADA may take any of the following actions:
   (1) Jointly plan for land use.
   (2) Adopt a specific plan for land use.
   (3) Take action to implement the land use plan and specific plan,
including the adoption and enforcement of zoning ordinances.
   (4)  Receive fees in lieu of taxes that would be paid on behalf of
tribal lands included within the boundaries of PAADA if these lands
were not tribal lands.
   (5) Use moneys from payments in lieu of taxes to provide services
deemed necessary by the board.
   (6) Enter into leases.
   (7) Incur debt with unanimous vote of the board, including making
lease purchase arrangements and issuing of revenue bonds and
certificates of participation based upon the revenues from fees
received in lieu of taxes on tribal lands, in accordance with the
requirements of subdivision (f).
   (8) Adopt ordinances calling for the provision of services.
   (9) Take action to enforce adopted ordinances.
   (e) (1) Both of the following acts shall apply to PAADA:
   (A) The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1).
   (B) The Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Division 2 of Title 5).
   (2) PAADA shall not use tribal nation status to avoid or
circumvent the requirements specified in paragraph (1) or any other
state law that otherwise applies to a local governmental agency.
   (3) All meetings of PAADA shall be held at a site available to the
general public in full compliance with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Division 2 of Title 5).

   (4) All records of PAADA shall be located and maintained at a site
available for inspection by the general public pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1).
   (f) PAADA shall not issue bonds pursuant to the Marks-Roos Local
Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584)),
unless the public improvements to be funded by the bonds will be
owned and maintained by PAADA or one or more of its public agency
members, and the revenue streams pledged to repay the bonds derive
from the authority or its public agency member.
   (g) Nothing in this section shall be construed as extending the
power of eminent domain to the Tule River Tribal Council or PAADA.
   (h) This section shall remain in effect only until January 1,
2039, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2039, deletes or extends
that date.  
  SEC. 2.    The Legislature finds and declares
that, because of the unique circumstances applicable only to the City
of Porterville and the Tule River Tribal Council, a statute of
general applicability cannot be enacted within the meaning of
subdivision (b) of Section 16 of Article IV of the California
Constitution. Therefore, this special statute is necessary.