BILL ANALYSIS AB 544 Page A Date of Hearing: May 20, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair AB 544 (Coto) - As Amended: May 13, 2009 Policy Committee: Education Vote:11-0 Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY This bill requires the Commission on Teacher Credentialing (CTC) to issue an American Indian languages credential for a two-year period, upon recommendation of the tribal government of a federally recognized Indian tribe in California. Specifically, this bill: 1)Requires an applicant for the American Indian languages credential to meet the following requirements: (a) demonstrate fluency in that tribe's language based on assessment developed and administered by the tribe; (b) successfully complete a criminal background check for credentialing purposes; and (c) submit an application, fee, and recommendation for the credential to the CTC through the federally recognized Indian tribe. 2)Requires the American Indian languages credential to authorize the holder to teach the American Indian language for which the credential was issued in public preschools and schools in grades K-12, including adult education courses. 3)Prohibits a holder of an American Indian languages credential who does not have a valid California teaching credential to teach any subject other than the American Indian language for which he or she is credentialed. 4)Authorizes the holder of an American Indian language credential, upon completion of the two-year period, to be eligible for a clear teaching credential (full credential) for that language, as specified. AB 544 Page B 5)Encourages each federally recognized American Indian tribe to develop a written and oral assessment that an applicant should successfully complete prior to being recommended by the tribe for an American Indian languages credential. 6)Requires a tribe that recommends a candidate for the American Indian language credential to develop and administer a technical assistance program, as specified. FISCAL EFFECT Minor, absorbable GF costs to the CTC to implement this measure. COMMENTS 1)Purpose . The federal Native American Languages Act of 1990 allows exceptions to teacher certification requirements for instruction in Native American languages when these requirements hinder the employment of qualified teachers who teach in Native American languages. These exceptions apply to federally funded programs. Federal law also encourages state and territorial governments to make similar exceptions. According to A Compilation of Federal and State Education Laws regarding Native Language in Curriculum and Certification of Teachers of Native Languages, at least 16 states have developed policies to allow Native American language teachers to teach in public schools. Twelve of these states involve tribes either directly or indirectly, in the process of certifying, licensing, or endorsing the teachers of Native Languages for service in the state public schools. This bill is consistent with this approach in that the CTC issues an American Indian languages credential, upon recommendation of the tribal government. There are 107 federally recognized American Indian tribes in California. Tribal languages differ greatly throughout the state in grammatical and linguistic structure and cultural content. The author asserts that California has not adequately implemented a process for the CTC to issue teacher certification for instruction in Native American Languages to AB 544 Page C comply with federal law. 2)CTC alternative assessment options . According to the CTC, it received a request from a school district in the Humboldt area to address the needs of teachers of three local Native American languages (Yurok, Karuk, and Hoopa) who need to establish their subject matter competency for both credentialing and federal law purposes. Other states such as Idaho, New Mexico, and Washington have recognized the unique situation of Native American language groups by modifying their credentialing assessment requirements to better meet the needs of candidates from these language and cultural groups. At its April 2008 meeting, the CTC approved alternative assessment options for less commonly taught languages for which no approved subject matter programs exist and for which there is no examination. This action included an option for American Indian languages that includes an assessment process entirely locally developed and administered by approved assessor agencies/organizations, including tribal governments. Candidates who pass this alternative assessment are deemed to have met the subject matter competency requirement by examination for the particular Native American language. This bill is consistent with the CTC's action with regard to the alternative assessment for Native American languages. Analysis Prepared by : Kimberly Rodriguez / APPR. / (916) 319-2081