BILL ANALYSIS Ó AB 163 Page 1 Date of Hearing: March 25, 2015 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 163 Williams - As Amended March 16, 2015 SUBJECT: Teaching credential: American Indian language-culture credential SUMMARY: Establishes the American Indian Culture teaching credential. Specifically, this bill: 1)Renames the existing "American Indian languages credential" as the "American Indian language-culture credential." 2)Requires the Commission on Teacher Credentialing (CTC) to issue an American Indian language-culture credential upon recommendation by the tribal government of a federally recognized Indian tribe in California if the following requirements are met for the American Indian culture authorization: a) Demonstrated knowledge in that tribe's culture based on an assessment developed and administered by that federally recognized Indian tribe. b) Successfully completed a criminal background check for AB 163 Page 2 credentialing purposes. c) Submitted an application, fee, and recommendation for the credential to the commission through the federally recognized Indian tribe. 3)Specifies the American Indian language-culture credential shall authorize the holder to teach the American Indian language, or culture, or both, for which the credential was issued in California public schools in preschool, kindergarten, grades 1 to 12, inclusive, and in adult education courses. 4)Specifies the holder of an American Indian language-culture credential who does not also have a valid teaching credential issued by the State of California shall not teach in a public school, including a charter school, any subject other than the American Indian language, or culture, or both, for which he or she is credentialed. 5)Requires each American Indian language-culture credential to be issued initially for a two-year period and may be renewed for a three-year period upon recommendation of the tribal government; and, requires upon completion of the three-year period, the holder of an American Indian language-culture credential to be eligible for a clear teaching credential for that language upon application and the recommendation of the tribal government, in consultation with the applicant's public school employer. 6)Encourages each federally recognized American Indian tribe to AB 163 Page 3 develop a written and oral assessment that should be successfully completed before an applicant is recommended for an American Indian language-culture credential. 7)Specifies that in developing the culture assessment, an Indian tribe should determine all of the following: a) The candidate's understanding of the tribe's culture and its practices, including, but not limited to, ceremonies and traditions, social institutions and relationships, holidays and festivals, health practices and traditions, patterns of work and leisure, and culinary traditions and practices. b) The standard of knowledge required to qualify for an American Indian culture authorization in that tribal culture. c) Standards for effective teaching methods to be evaluated in the classroom. 8)Specifies the assessment should be administered at an AB 163 Page 4 appropriate location that does not create hardship for members of the Indian tribe administering the assessment. 9)Requires, upon agreement by the tribe, a tribe recommending a candidate for an American Indian language-culture credential to develop and administer a technical assistance program guided by the California Standards for the Teaching Profession. 10)Requires, to the extent feasible, the program to be offered by teachers credentialed in an American Indian language, or culture, or both, who have three or more years of teaching experience and specifies 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 teacher of an American Indian language, or culture, or both. 11)Requires public school personnel responsible for evaluating teachers, in accordance with local governing board policy, to provide individuals employed to teach on the basis of the American Indian language-culture credential with information on the teaching personnel evaluation process and the California Standards for the Teaching Profession. AB 163 Page 5 12)Requires candidates meeting the requirements of both the language and culture requirements be granted both the American Indian language and the American Indian culture authorizations; and, specifies for a candidate who has already received an American Indian languages credential before the effective date of this bill, the tribe that recommended the candidate for the American Indian languages credential shall determine if the candidate may add the American Indian culture authorization to the preexisting languages credential, or if the candidate must reapply for the American Indian culture authorization as a new initial credential. 13)Makes legislative findings and declarations that teaching American Indian language and culture is essential to the proper education of American Indian children and, preserving American Indian language and culture is an important part of our national heritage and can be of value to all Americans. EXISTING LAW requires the CTC to issue an American Indian languages credential to a candidate who has been recommended by a tribal government of a federally recognized Indian tribe in California, if they have completed specified requirements. FISCAL EFFECT: Unknown COMMENTS: This bill expands the American Indian languages credential to include American Indian culture. Under the new American Indian language-culture credential, applicants can be AB 163 Page 6 authorized in American Indian language, culture or both. There are currently at least 109 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 culture. The ability of these tribes to develop their own assessments is important to maintain the integrity of each of their differing cultural characteristics. According to the author, AB 163 builds on the provisions of AB 544 (Coto) from 2009, and allows further alignment with federal law to ensure that experts in American Indian culture are allowed to serve as the teacher in this subject area. Over a century of forced assimilation has made the preservation of language and culture more difficult, by adding an authorization in American Indian culture, AB 163 is ensuring that American Indian culture and traditions are preserved alongside American Indian languages. American Indian culture instruction could include various topics including, but not limited to, art, music dance, beliefs, food, oral history, traditions and celebrations. Other State Policies: At least six other states have developed a teaching credential of American Indian Culture. Those states include: Alaska, Minnesota, Montana, New Mexico, Washington and Wisconsin. At least nineteen other states have developed policies to allow Native American Language teachers to teach in public schools. Those states include: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Washington, Wisconsin and Wyoming. Twelve of these states AB 163 Page 7 involve tribes either directly or indirectly, in the process of certifying, licensing, or endorsing the teachers of Native languages in the state public schools. Previous Legislation: AB 544 (Coto), Chapter 329 from 2009 required the CTC to issue an American Indian language credential, upon recommendation of the tribal government of a federally recognized Indian tribes in California. Arguments in Support: The Rincon Band of Luiseno Indians supports the bill and states, "The Rincon Band of Luiseno Indians believes that educating our youth in our native language, culture and customs and traditions, is crucial for native identity and the long-term existence of our tribe as a politically and culturally distinct people. We work hard to provide education opportunities for our tribal members and are proud of the work our elders and teachers provide." REGISTERED SUPPORT / OPPOSITION: Support California Nations Indian Gaming Association California Teachers Association Commission on Teacher Credentialing Ramona Band of Cahuilla AB 163 Page 8 Rincon Band of Luiseno Indians San Manuel Band of Mission Indians Santa Ynez Band of Chumash Indians Tribal Alliance of Sovereign Indian Nations Yocha Dehe Wintun Nation Opposition None on file. Analysis Prepared by:Chelsea Kelley / ED. / (916) 319-2087 AB 163 Page 9