BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 163                
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          |Author:    |Williams                                             |
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          |Version:   |March 16, 2015                          Hearing      |
          |           |Date:    June 10, 2015                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lenin Del Castillo                                   |
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          Subject:  Teaching credential:  American Indian language-culture  
          credential
            
          SUMMARY
          
          This bill renames the existing American Indian languages  
          credential as the American Indian Culture teaching credential  
          and establishes new requirements for the credential.  

            BACKGROUND
          
          Existing law authorizes the Commission on Teacher Credentialing  
          (CTC) to issue credentials for teaching specialties, including  
          bilingual education, early childhood education, and special  
          education.  Education specialist teaching credentials are to be  
          based upon a baccalaureate degree from an accredited  
          institution, completion of a program of professional  
          preparation, and standards that the commission may establish.   
          Existing law prohibits multiple and single subject teacher  
          credential programs from including more than one year of  
          professional preparation, including student teaching.  

          Existing law authorizes 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 the candidate has completed specified  
          requirements.  Existing law also authorizes the CTC to establish  
          and implement guidelines for alternative assessments for  
          languages other than English performed by organizations that are  
          experts in the language and culture assessed.  







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          The Native American Languages Act of 1990 states it is the  
          policy of the United States to "allow exceptions to teacher  
          certification requirements for Federal programs and programs  
          funded in whole or in part by the Federal government, for  
          instruction in Native American languages when such teacher  
          certification requirements hinder the employment of qualified  
          teachers who teach Native American languages, and to encourage  
          State and territorial governments to make similar exceptions."  

            ANALYSIS
          
          This bill:

          1)Renames the existing "American Indian languages credential" as  
            the "American Indian language-culture credential."


          2)Requires the CTC to issue an American Indian language-culture  
            credential upon recommendation by the tribal government of a  
            federally recognized Indian tribe in California if a candidate  
            meets the following requirements for the American Indian  
            culture authorization:


             a)   Demonstrates knowledge in that tribe's culture based on  
               an assessment developed and administered by that federally  
               recognized Indian tribe.


             b)   Successfully completes a criminal background check for  
               credentialing purposes.


             c)   Submits 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  








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            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  
            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.








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             c)   Standards for effective teaching methods to be evaluated  
               in the classroom.



          8)Specifies the assessment should be administered at an  
            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.


          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  








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            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.

          STAFF COMMENTS
          
       1)Need for the bill.  According to the author's office, the Native  
            American Languages Act of 1990 was created to alleviate the  
            mistakes of the past regarding the preservation of Native  
            American languages.  Additionally, it allows for exceptions to  
            teacher certification requirements for federal programs and  
            programs funded in whole or in part by the federal government,  
            for instruction in Native American languages.  The author's  
            office indicates there are 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.  Further, this bill builds on the provisions  
            of AB 544 (Chapter 324, Statutes of 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.  
          
       2)Teacher shortages. The Commission on Teacher Credentialing (CTC)  
            is required to report to the Governor and the Legislature each  
            year on the number of teachers who received credentials,  
            certificates, permits, and waivers to teach in California.   
            The most recent report was released in April of 2015 and  
            includes the type and number of documents issued authorizing  
            service to teach in California schools for the 2013-14 fiscal  








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            year.  The report indicates that California saw a decrease of  
            three percent in the number of newly issued credentials, which  
            is a decrease across all type of preliminary teaching  
            credentials (i.e., multiple subject, single subject, and  
            education specialist) and represents the tenth consecutive  
            year in which the total number of initial teaching credentials  
            issued has decreased.  Additionally, there has been a 26  
            percent decline in the past five years in the number of  
            initial and new type teaching credentials issued.  

       3)Related and prior legislation.  AB 544 (Coto, Chapter 329,  
            Statutes of 2009), required the Commission on Teacher  
            Credentialing to issue an American Indian language credential,  
            upon recommendation of the tribal government of a federally  
            recognized Indian tribe in California.  

            SUPPORT
          
          California Association for Bilingual Education 
          California Nations Indian Gaming Association
          California Teachers Association
          Morongo Band of Mission Indians
          Ramona Band of Cahuilla
          Rincon Band of Luiseno Indians
          Santa Ynez Band of Chumash Indians (sponsor)
          Smith River Rancheria
          Superintendent of Public Instruction
          Torres Martinez Desert Cahuilla Indians
          Yocha Dehe Wintun Nation

            OPPOSITION
           
           None received.

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