BILL ANALYSIS AB 544 Page 1 Date of Hearing: April 29, 2009 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair AB 544 (Coto) - As Amended: March 25, 2009 SUBJECT : Eminence credential: American Indian languages. SUMMARY : Establishes the American Indian languages eminence credential; and, authorizes people fluent in Native American languages to teach those languages in public schools. Specifically, this bill : 1)Requires, upon recommendation of the tribal government of a federally recognized Indian tribe in California, the commission to 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 recognized Indian tribe. Specifies 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)Specifies that 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; and, specifies 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. 3)Requires the department and the commission to establish an American Indian languages eminence credential and specifies 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. Specifies that in developing the language assessment, an Indian tribe should determine all of the following: a) Which dialects of the tribal language will be included in the assessment. b) Whether the Indian tribe will standardize its writing system. c) The standard of knowledge and fluency required to AB 544 Page 2 qualify for an American Indian languages eminence credential in their tribal languages. d) Standards for effective teaching methods to be evaluated in the classroom. 4)Specifies the tribe should also discuss the commitment to bear all costs associated with American Indian languages eminence credentialing. 5)Specifies that the assessment should be administered at an appropriate location that does not create hardship for members of the Indian tribe administering the assessment. 6)Requires, upon affirmation that a candidate for an American Indian languages eminence credential has demonstrated knowledge and fluency at the required standard, the commission to register the candidate. Requires the commission to then issue an American Indian languages eminence credential for three years to the candidate. Specifies 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. 7)Requires the commission to accept candidates for the American Indian languages eminence credential who have met all of the following requirements: a) 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. b) The candidate's tribal government has paid the cost of registering the credential. 8)Requires the commission to establish the cost of registration based on the actual cost of maintaining records of these credentials. Specifies the costs may be recalculated every three years, beginning in 2013. 9)Specifies, 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. 10)Specifies an American Indian languages eminence credential AB 544 Page 3 qualifies the holder to teach in a school district, public charter school, education services district, community college, or institution of higher education; and, specifies 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. 11)Specifies, upon agreement by the tribe, a tribe submitting a candidate for an American Indian languages eminence credential to 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. 12)Makes findings and declarations regarding the importance of preserving American Indian languages as a part of our national heritage; and, that teaching American Indian languages is essential to the proper education of American Indian children. EXISTING FEDERAL LAW according to the Native American Languages Act of 1990 allows exceptions to teacher certification requirements for federal programs and programs funded in whole or in part by the federal government, for instruction in Native American languages when such teacher certification requirements hinder the employment of qualified teachers who teach in Native American languages, and to encourage state and territorial governments to make similar exceptions. EXISTING STATE LAW authorizes: 1)Upon the recommendation of the governing board of a school district, the commission 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 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 AB 544 Page 4 by the commission as designated on the credential. 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. (Education Code 44262) 2)The Commission on Teacher Credentialing to establish and implement guidelines for alternative assessments for languages other than English performed by organizations that are expert in the language and culture assessed. (Education Code 44280) FISCAL EFFECT : Unknown COMMENTS : This bill establishes the American Indian languages eminence credential to authorize fluent speakers of American Indian languages to teach those languages in public schools. Native American Indian languages are becoming more rare each year. In an attempt to re-establish the number of fluent speakers, this new eminence credential would authorize fluent speakers to teach the language in public schools. There are currently at least 107 federally recognized tribes in California, and under the provisions of this bill, each tribe would have the authority to create their own assessment system for their language. Tribal languages differ greatly throughout the state in grammatical and linguistic structure and cultural content. The ability of these tribes to develop their own assessments is important to maintain the integrity of each of their differing language characteristics. According to the author, currently in California's approved No Child Left behind (NCLB) criteria for "Highly Qualified Teacher," one must hold a four-year Bachelor's Degree, have completed a teacher preparation program to attain credentialing, and also establish "subject matter competency" through an examination process or specialized single subject preparation program. NCLB does not particularly reference any provisions relating to Indian or tribes. The Native American Languages Act of 1990 was created to alleviate the mistakes of the past regarding the preservation of Native American languages. Implementation of the 1990 Act has also been substandard, especially in regards to its implementation at the state level. AB 544 Page 5 Native Languages in California are at a critical stage. In April of 2008, The California Commission on Teacher Credentialing approved an "Alternative Subject Matter Competency Assessment Plan for Native American Language." This plan focuses on subject matter competency alone. School districts and tribes and/or tribal organizations may now apply to the Commission to be an assessing agency for a teacher's subject matter competency in a Native Language. However, this plan assumes that the teacher already has a Bachelor's Degree and holds a teaching credential in another subject area. Eminence Credential . The Commission on Teacher Credentialing (CTC) is authorized to grant an eminence credential to an individual who is eminent in a specific endeavor and is recognized as such beyond the boundaries of his or her community, has demonstrably advanced his or her field and has been acknowledged by his or her peers beyond the norm for others in the specific endeavor. Eminence credentials are only available at the recommendation of an employing agency and the employing agency must demonstrate how the eminent individual will enrich the educational quality of the employing agency. This bill includes "eminence" in the title of the credential, but has different requirements than the existing eminence credential. The committee should consider if there will be any confusion using the term eminence in this new credential. According to the author, AB 544 will create a system for federally recognized American Indian tribes to develop a written and oral assessment, under the current auspices of the eminence credential. This bill will set a standard for how each tribe can determine the following: which dialects of the tribal language will be included in the assessment, whether the Indian tribe will standardize its writing system, the standard of knowledge and fluency required to qualify for an American Indian eminence credential in their tribal language, and the standards for effective teaching methods to be evaluated in the classroom. This will stand as an affirmation that teaching American Indian languages is essential to the proper education of American Indian children. Other State Policies . At least sixteen other states have developed policies to allow Native American Language teachers to teach in public schools. Those states include: Alaska, Arizona, Hawaii, Idaho, Minnesota, Montana, Nebraska, Nevada, New Mexico, AB 544 Page 6 North Dakota, Oklahoma, Oregon, South Dakota, Washington, Wisconsin and Wyoming. Twelve of these states involve tribes either directly or indirectly, in the process of certifying, licensing, or endorsing the teachers of Native languages in the state public schools. AB 544 is closely modeled after the laws established in Idaho and Oregon. According to the American Indian Education Oversight Committee, other states have developed memorandums of understanding with tribes to meet the requirements of the Native American Languages Act of 1990. California will soon be reviewing a way to meet the requirement, but has nothing currently in place. Native Language teachers are therefore out of compliance with the No Child Left Behind Act, Highly Qualified Teacher requirements. The provisions in this bill are consistent with the recommendations of the American Indian Education Oversight Committee. The Picayune Rancheria of the Chukchansi Indians and the Lytton Band of Pomo Indians supports the bill and argues, "The Eminence Credential is critical to getting those Tribal members who have the ability to teach the language but because of extenuating circumstances might not otherwise be able to achieve a Bachelor's Degree and hold a teaching credential in another subject. Our Native languages are so close to disappearing that any way we can diminish the bureaucracy as a means to save our history we see as a necessary move." Committee Amendments : The timelines for issuance and renewal of the American Indian Language Eminence credential are not consistent throughout the bill. Staff recommends the bill be amended to make the timelines and language consistent; specify that teachers shall be evaluated by the school based on the California Standards for the Teaching Profession; and, delete the name "Eminence" from the name of the credential. Previous legislation . SB 1643 (Torlakson) from 2008 would have authorized a county superintendent of schools to issue an eminence teaching credential, until January 1, 2014, to a person who has demonstrated subject matter competence through an examination, college degree, or work experience, as specified. The bill was held on the Assembly Appropriations Suspense file. SB 41 (Alpert), Chapter 870, Statutes of 2001 enabled the State Librarian to establish a competitive grants program for the AB 544 Page 7 development of educational materials on California Native American history, culture, and tribal sovereignty for use in grades K-12. The bill also required the State Librarian to develop the California's American Indian Nations Information Project. REGISTERED SUPPORT / OPPOSITION : Support Inter-Tribal Council of California, Inc. Karuk Tribe Lytton Band of Pomo Indians Morongo Band of Mission Indians Picayune Rancheria of the Chukchansi Indians Rumsey Band of Wintun Indians Viejas Band of Kumeyaay Indians Winnemem Wintu Tribe Opposition None on file. Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087