BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 544
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          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  








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               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  








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            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  








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            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.   








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          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,  








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          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  








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          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