BILL ANALYSIS AB 2089 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2089 (Coto) As Amended June 14, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(June 2, 2010) |SENATE: |35-0 |(August 19, | | | | | | |2010) | ----------------------------------------------------------------- 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, AB 2089 Page 2 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 AB 2089 Page 3 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 FN: 0006000