BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2089
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2089 (Coto)
          As Amended  June 14, 2010
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(June 2, 2010)  |SENATE: |35-0 |(August 19,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    ED.  

           SUMMARY  :  Extends the inoperative and repeal date of the  
          California American Indian Education Center (CAIE center)  
          program to January 1, 2017, and requires the California  
          Department of Education (CDE) to conduct an evaluation of the  
          CAIE centers by January 1, 2016, as specified.  Specifically,  
          this bill  :   

          1)Authorizes the Superintendent of Public Instruction (SPI) to  
            appoint to the American Indian Education Oversight Committee  
            (AIEO committee) an educator that is not a director of a CAIE  
            center to fill a vacancy in one of the four positions  
            designated for directors of CAIE centers, if the SPI is unable  
            to find a qualified individual to fill a vacancy within 30  
            days of the vacancy arising.  

          2)Renumbers and reorganizes a section of the Education Code  
            relative to the CAIE center program and makes other technical  
            amendments.  

           The Senate amendments  change the sunset date of the CAIE center  
          program in one part of the bill from 2018 to 2017 to correct a  
          drafting error.  

           EXISTING LAW  :

          1)Establishes the CAIE center program to serve as  
            community-based educational resource centers to American  
            Indian pupils, parents, guardians, and public schools in order  
            to promote the academic and cultural achievement of American  
            Indian pupils. 

          2)Provides that the CAIE center program will become inoperative  
            on January 1, 2012, and requires the CDE, by January 1, 2011,  








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            to conduct an evaluation of the CAIE centers to determine  
            whether to renew the application of each existing center or  
            instead to approve a new center. 

          3)Requires the SPI with input from existing center directors to  
            appoint an AIEO committee by January 30, 2007, consisting of  
            at least seven educators, four of whom shall be CAIE center  
            directors, and requires all members to possess proven  
            knowledge of current educational policies relating to, and  
            issues faced by, American Indian communities in California,  
            and requires the AIEO committee to provide input and advice to  
            the SPI on all aspects of American Indian education programs  
            established by the state.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, the annual budget for the program, which supports 27  
          centers, is $3.6 million, so extending the program will likely  
          result in similar annual costs for an additional five years.   
          Staff costs in support of the program are $300,000, annually,  
          and the CDE estimates a cost of $60,000 for the report.  

           COMMENTS  :  The CAIE centers serve as educational resource  
          centers for American Indian students, their families, and public  
          schools.  The primary focus of the CAIE centers is to provide  
          direct services to improve the achievement of and lowering  
          dropout rates among American Indian students.  

          Current law requires the SPI to appoint an AIEO committee to  
          provide input and advice to the SPI on American Indian education  
          programs.  The AIEO committee must be comprised of at least  
          seven educators, four of whom shall be American Indian education  
          center directors and shall possess proven knowledge of current  
          educational policies relating to, and issues faced by, American  
          Indian communities in California.  When the AIEO committee was  
          first convened in 2007, the membership was in compliance with  
          statute requiring that four of the seven members of the  
          committee had to be CAIE center directors.  However, according  
          to information provided by the CDE, two of the members that were  
          CAIE center directors resigned during the summer of 2008. 

          The SPI conducted a search and tried to fill the vacancies with  
          CAIE center directors but was unsuccessful.  Questions emerged  








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          as to whether the committee should continue to meet given that  
          the membership of the AIEO committee was out of compliance with  
          the statute, as a result of the two CAIE center director  
          vacancies.  Per the advice of the CDE's legal office, the SPI  
          suspended the meetings of the committee for about a year.   
          Concerned that the AIEO committee was not meeting and  
          considering that the SPI had conducted a thorough effort to fill  
          the vacancies, the CDE legal office advised that the AIEO  
          committee resume their meetings in 2009.  At a meeting of the  
          AIEO committee, the membership considered recommending  
          legislation to allow for flexibility in filling vacancies.  The  
          recommendation from the AIEO committee is embodied in this bill  
          and it gives flexibility to the SPI in filling vacancies by  
          authorizing the appointment of an educator who is not a center  
          director in situations when the SPI is unable to find, within 30  
          days of a vacancy arising, a qualified individual to fill a  
          vacancy in one of the four positions designated for center  
          directors.  

          There are currently 27 CAIE centers operating in the state as  
          educational resources to American Indian pupils, their parents,  
          and the public schools in their communities.  The CDE is  
          required under current law to conduct an evaluation of the CAIE  
          centers to determine whether to renew the application of each  
          center or approve new ones.  But according to CDE, because of  
          recent budget action, there is no mechanism in place to enforce  
          the statutory provisions of the program and thus CDE will not be  
          conducting the evaluation required under existing law.  

           
          Analysis Prepared by  :  Marisol Avina / ED. / (916) 319-2087 


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