BILL NUMBER: AB 2089 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2010
AMENDED IN ASSEMBLY APRIL 27, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 16, 2010
INTRODUCED BY Assembly Member Coto
(Coauthor: Assembly Member Carter)
FEBRUARY 18, 2010
An act to amend Section 33370 of, to amend and renumber Section
62000.14 of, to add Section 33385 to, and to repeal Article 6
(commencing with Section 33380) of Chapter 3 of Part 20 of Division 2
of Title 2 of, the Education Code, relating to American Indian
education programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2089, as amended, Coto. American Indian Education Oversight
Committee.
(1) Existing law provides for the establishment of California
American Indian education centers to serve as community-based
educational resource centers to for
American Indian pupils, parents, guardians, and the public schools in
order to promote the academic and cultural achievement of the
pupils. Existing law provides that the California American Indian
Education Center Program will become inoperative on January 1, 2012.
This bill instead would provide that those provisions regarding
the California American Indian education centers will become
inoperative and be repealed on January 1, 2017, thereby extending the
operation of those provisions by 5 years.
(2) Existing law requires the Superintendent of Public
Instruction, with input from existing California American Indian
education center directors, to appoint an American Indian Education
Oversight Committee by January 30, 2007, composed of at least 7
educators, 4 of whom are required to be California American Indian
education center directors. Existing law requires the committee to
provide input and advice to the Superintendent on all aspects of
American Indian education programs established by the state.
This bill would allow the Superintendent, if he or she is unable
to find a qualified individual to fill a vacancy in one of the 4
positions for center directors within 30 days of the vacancy arising,
to fill the vacancy with an educator who is not a center director.
(3) Existing law requires the State Department of Education, on or
before January 1, 2011, to conduct an evaluation of the centers to
determine whether to renew the application of each existing center or
instead to approve an application to establish a new center.
Existing law also requires the department, on or before January 1,
2011, to report consolidated results for all centers and supply
information that is required for a comprehensive evaluation of those
results, and make recommendations for program improvement.
This bill, in addition, would require the department to perform
those duties a 2nd time on or before January 1, 2016.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33370 of the Education Code is amended to read:
33370. (a) There is hereby created within the department an
American Indian Education Unit, which shall provide technical support
to, and proper administrative oversight of, American Indian
education programs established by the state in order to ensure that
American Indian pupils in California public schools are able to meet
the challenging academic standards of the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and that those
programs reflect the cultural and educational standards stated in
Executive Order No. 13336, 69 Federal Register 25295 (May 5, 2004),
relating to American Indian and Alaska Native Education.
(b) The Superintendent shall appoint an American Indian Education
Unit Manager who shall oversee the American Indian Education Unit.
(c) The duties of the American Indian Education Unit shall include
the development of clear, consistent, and effective operating
policies and procedures that include measures to ensure that the
learning needs of American Indian pupils are being adequately
addressed.
(d) The department shall ensure that staff are properly trained in
the application of the policies adopted pursuant to subdivision (c)
and that the policies are consistent with the legislative intent
relating to the California American Indian Education Program and with
Section 11019.6 of, subdivisions (d) and (f) of Section 11340 of,
and Section 11342.2 of, the Government Code.
(e) The department shall prescribe the following:
(1) The data that California American Indian education centers
shall report on an annual basis in order to measure program
performance.
(2) On or before January 1, 2011, and again on or before January
1, 2016, the department shall conduct an evaluation of the centers to
determine whether to renew the application of each existing center
or instead to approve an application to establish a new center.
(3) A description of the consequences for failing to submit the
data.
(f) The department shall adopt policies that include:
(1) An equitable process that will be used to select centers that
will receive grant awards and determine their respective funding
amounts.
(2) Establish a prompt timeframe for disbursing approved payments
to the centers.
(3) A monitoring process and plan to ensure that fiscal and
program information reported by the centers is accurate and complete,
including a process for corrective action and investigation by the
department for noncompliance. The process shall be based upon
consistent and equitable principles.
(4) The incorporation of culturally responsive methodologies in
order to ensure that an optimal educational program for American
Indian pupils is supported and maintained.
(5) Ensuring respect for the federal trust and sovereign nation
status of California American Indian tribes.
(g) The Superintendent, with input from existing California
American Indian education center directors, shall appoint an American
Indian Education Oversight Committee by January 30, 2007, composed
of at least seven educators, four of whom shall be California
American Indian education center directors. If the Superintendent is
unable to find a qualified individual to fill a vacancy in one of the
four positions for center directors within 30 days of the vacancy
arising, he or she may fill the vacancy with an educator who is not a
center director. All members shall possess proven knowledge of
current educational policies relating to, and issues faced by,
American Indian communities in California. This committee shall
provide input and advice to the Superintendent on all aspects of
American Indian education programs established by the state.
SEC. 2. Section 33385 is added to the Education Code, to read:
33385. This article shall remain in effect only until January 1,
2018 2017 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2017, deletes or extends that date.
SEC. 3. Section 62000.14 of the Education Code is amended and
renumbered to read:
33384. (a) (1) Each center shall annually submit a report to the
department that includes appropriate data, presented in a format
developed jointly with the department, that reflects each center's
ability to meet its stated objectives, measure pupil academic
performance, and meets the continued educational and cultural needs
of the community that the center serves.
(2) On or before January 1, 2011, and again on or before January
1, 2016, the department shall report consolidated results for all
centers and supply information that is required for a comprehensive
evaluation of those results, and make recommendations for program
improvement.
(b) The centers shall maintain sound fiscal policies. The
department shall provide technical assistance and training to the
centers in order to assist the centers to maintain sound fiscal
policies. The department may require an annual program audit,
however, if the department deems it fiscally unsound for the centers
to provide an annual audit, a fiscal review shall suffice.
(c) The department shall provide technical assistance and
professional development to the directors of the California American
Indian education centers throughout the year that shall include
timely documented responses and professional guidance meant to
improve center programs.