BILL ANALYSIS                                                                                                                                                                                                    Ķ



                                                                     SB 911


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          Date of Hearing:  June 22, 2016 


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          911 (Hertzberg) - As Amended June 16, 2016


          SENATE VOTE:  39-0


          SUBJECT:  California American Indian education centers


          SUMMARY:  Deletes the January 1, 2017 repeal of the California  
          American Indian Education Center (AIEC) program thereby  
          extending the operation of the program indefinitely.   
          Specifically, this bill:  


          1)Deletes the January 1, 2017 sunset of the AIEC program thereby  
            extending the operation of the program indefinitely. 

          2)Requires the California Department of Education (CDE) to  
            continue to report on the evaluation of the program every five  
            years, starting in January 2021, and to make this information  
            available to the appropriate fiscal and policy committees of  
            the Legislature.



          EXISTING LAW:   










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          1)Establishes the AIEC program to provide community-based  
            educational resource centers to American Indian students,  
            parents, guardians, and public schools in order to promote the  
            academic and cultural achievement of American Indian students.  
             

          2)Requires each Center to submit an annual report to the CDE and  
            requires the report to include appropriate data that reflects  
            each Center's ability to:

             a)   meet its stated objectives

             b)   measure pupil academic performance 

             c)   meet the continued educational and cultural needs of the  
               community that the Center serves

          3)Requires the CDE, by January 1, 2011 and again by January 1,  
            2016, to report consolidated results for all AIEC programs and  
            supply information that is required for a comprehensive  
            evaluation of those results, and make recommendations for  
            program improvement.

          4)Sunsets the AIEC program on January 1, 2017.  



          5)Establishes within the CDE an American Indian Education Unit,  
            to provide technical support and administration of the AIEC  
            program.



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, the Budget Act of 2015 provides $4.1 million  
          Proposition 98 for this program and removing the AIEC program's  
          statutory sunset will likely result in similar annual costs,  
          indefinitely.  The CDE indicates that it currently spends about  
          $77,000 General Fund between two positions to administer this  








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          program.  If this bill were enacted, this support would continue  
          to be needed.


          COMMENTS:  


          Need for the bill.  According to the author, while American  
          Indian student performance has improved in recent years,  
          American Indian students continue to perform below state  
          averages at all levels of schooling. The American Indian  
          Education Centers, established in the 1970's, have a long  
          history of offering educational and cultural support to this  
          group of students.  By eliminating the sunset on this program,  
          this bill aims to ensure that American Indian students continue  
          to receive services provided through AIEC programs.


          Demographics of American Indian students in California.   
          According to CDE's 2016 report to the Legislature on the AIEC  
          program, as well as information maintained on its website  
          (except where noted):


           California schools enrolled 37,000 American Indian/Alaska  
            Native students during the 2014-15 school year, representing  
            0.6% of total enrollment.  



           This enrollment number represents the number of students who  
            reported American Indian as their sole race; those indicating  
            more than one race were not included in this number. 



           California has third largest population of American Indian  
            students in the country (CDE) but a below average percentage  
            enrollment of American Indian students (National Center for  








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            Education Statistics).

           The enrollment of American Indian/Alaska Native students has  
            declined significantly in the last fifteen years, from a high  
            of 53,000 (.9% of enrollment) in 2001-02 to the current  
            enrollment of 37,000 (.6% of enrollment).

           Enrollment of American Indian students is more concentrated in  
            rural areas.   While the number of American Indian students is  
            highest in large population centers such as Los Angeles and  
            San Diego, some rural areas have higher numbers and  
            percentages of students.  For example, rural and sparsely  
            populated Humboldt County has American Indian enrollment  
            (1,754) exceeding that of Los Angeles Unified School District  
            (1,309), the second largest school district in the country.   
            While statewide American Indian enrollment is just over one  
            half of one percent, in Humboldt County American Indian  
            students comprise nearly 10% of enrollment.





           32.1% of California American Indian/Alaska Native children  
            living in regions of 10,000 or more are living in poverty.



          Data show achievement gap between American Indian students and  
          their peers.  Data from the CDE suggest that there is a  
          significant achievement gap between American Indian students and  
          their peers, and that this gap may be growing:


           On the 2015 administration of the California Assessment of  
            Student Performance and Progress, (CAASPP) test of English  
            language arts, 33% of American Indian/Alaska Native students  
            scored at "met standard" or above, compared to 61% of their  
            white peers.








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           On the 2015 administration of the CAASPP) test of mathematics,  
            22% of American Indian/Alaska Native students scored at "met  
            standard" or above, compared to 49% of their white peers.





           On the 2013 English language arts test, 47% of American  
            Indian/Alaska Native students scored at proficient or higher,  
            compared with 72% of white students.  On the mathematics  
            assessment, 42% scored at this level, compared with 62% of  
            white students.   

           While it is not possible to directly compare the CAASPP  
            assessments with the state's former assessments, the  
            California Standards Tests (CSTs), it is notable that the gap  
            between American Indian students is wider on current  
            assessments.  Compared to achievement on the CSTs, the  
            achievement gap reflected in the 2015 CAASPP assessments was  
            11 percentage points larger in English language arts, and 2  
            percentage points larger in mathematics.





           The cohort graduation rate for the class of 2014 for American  
            Indian/Alaska Native students was 71%, compared to 87% of  
            white students.  American Indian/Alaska Native students had  
            the second lowest graduation rate of any ethnic group, and the  
            second highest annual dropout rate (4.4%).



          CDE 2016 report describes services provided.  CDE's 2016 report  








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          to the Legislature on the AIEC program indicated the following  
          about the program:


           There are currently 23 AIECs serving students in 19 counties.   




           In 2013-14, 2,850 students received services through the AIEC  
            program, representing 4% of the state's American Indian/Alaska  
            Native students. 

           Expenditures per student ranged from $596 to $4,783 per  
            student.



           All AIECs reported that they provided academic services, with  
            particular emphasis on reading and mathematics. Over 92  
            percent of the AIECs reported they provided summer  
            recreational and academic experiences to participants. 



           All AIECs reported that they provided programs that are  
            designed to improve the self-concept of participants. 



           Over 90 percent of the AIECs reported they provided programs  
            designed to increase the employment of American Indian adults.  




           All of the AIECs reported that they provided services to  
            American Indian students who are struggling in school.









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          CDE recommendations for the AIEC program.  In its 2016 report  
          the CDE made the following recommendations for the AIEC program:





           Expand the program to meet the needs of all 38,616 American  
            Indian K-12 students in California. 



           Include data on student participation in AIECs, as well as  
            metrics for associated student outcomes, in state data systems  
            and projects, including the California Longitudinal Pupil  
            Achievement Data System, the California Healthy Kids Survey,  
            and CDE's Smarter Balanced Assessment System. 



           Provide funding to expand the provision of services to  
            American Indian parents to pursue on-site programs and  
            trainings or obtain referrals to trainings that will prepare  
            them to successfully join California's competitive workforce. 



           Create an American Indian Education Unit within the CDE, as  
            required in statute.



           The CDE should collaborate with other state agencies that  
            serve American Indian students and their families, including  
            the California Department of Social Services, the California  
            Department of Public Health, and the California Employment  
            Development Department.










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          CDE report lacks outcome information.   Current law requires the  
          each AIEC program 


          annually submit a report to the CDE that includes data that  
          reflects each center's ability to meet its stated objectives,  
          measure pupil academic performance, and meet the continued  
          educational and cultural needs of the community that the center  
          serves.  Current law requires the CDE, by January 1, 2016, 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.  
           


          The CDE reports that up until the recession these reports  
          included outcome data for students participating in the program.  
           However, in 2009 the AIEC program became part of categorical  
          budget flexibility, and as a result the Centers did not have to  
          comply with the program's statutes, including the requirements  
          to report outcome data to the CDE.  CDE curtailed its monitoring  
          because compliance with statutes was not required, and it did  
          not conduct the last required, which was due in 2011.  In 2013,  
          the AIEC program was one of the few programs which was not  
          eliminated in the establishment of the Local Control Funding  
          Formula.  Current law program requirements are in effect.


          2016 report contains useful information on activities conducted  
          through the AIEC program (shown above).  However, with the  
          exception of one statement about attendance rates for students  
          participating in the program (92%), it does not include  
          information on the center's "ability to meet its stated  
          objectives, measure pupil academic performance, and meet the  
          continued educational and cultural needs of the community that  
          the center serves."  As a result, is it not possible for the  
          Legislature to determine whether the Centers are meeting their  
          identified goals.  








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          Staff recommends that the bill be amended to require the AIEC  
          program report to include information on each center's progress  
          toward meeting its stated goals, and that results reported by  
          the CDE conform to federal student privacy law.


          Policy issues for the Legislature to consider.  CDE's report on  
          the AIEC program raises a number of policy considerations  
          regarding American Indian students:

            Does the state's identification criteria for American Indian  
            students significantly underrepresent the actual population of  
            students?   As noted above, American Indian students are  
            identified for purposes of education programs only if they  
            indicate American Indian as their sole race.  



            According to the United States Census Bureau, on the 2010  
            Census nearly half of all American Indians identified  
            themselves as of more than one race (2.5 million single race,  
            2.3 million more than one race).  The Census Bureau also noted  
            that American Indians and Alaska Natives have the highest rate  
            of reporting more than one race after Native Hawaiians, and  
            that the percentage of American Indians indicating more than  
            one race is outpacing those who indicate only one.  This  
            definition also appears to be misaligned with the federal  
            definition used to identify students for purposes of the Title  
            VII Indian, Native Hawaiian, and Alaska Native Education  
            program of the Every Student Succeeds Act (ESSA).  





            This is particularly salient question given the steep decline,  








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            noted above, in the number of students identified as American  
            Indian in the last fifteen years, from 53,000 in 2002 to  
            37,000 in 2015.





            Does the small and diffuse population of American Indian  
            students, especially given current identification criteria,  
            reduce local accountability for these students?   Current law  
            requires that school districts monitor and work to improve the  
            academic performance of ethnic subgroups of students through  
            their Local Control and Accountability Plans (LCAPs).  The  
            enrollment threshold for these subgroups is 30 students in a  
            district.  Given the small and declining number of American  
            Indian students (especially given current identification  
            criteria), and the large number of small school districts in  
            the state, is this group of students too small to count?



            For example, San Mateo County school districts have a total  
            enrollment of 169 American Indian students.  But among its 24  
            school districts, only one district has enrollment (of 30 or  
            more) constituting a subgroup for accountability purposes.   
            Santa Cruz County's 12 districts enroll 135 students, but none  
            of those districts have enrollment of 30 or more American  
            Indian students.  





            Should AIEC program be expanded to serve more than 4% of  
            eligible students?   The CDE, in its 2016 report to the  
            Legislature, recommended that the AIEC program be expanded to  
            serve all eligible students.  Any such future decision is  
            likely to involve review of outcomes for students  








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            participating in the current program, but such information  
            appears to be lacking at the state level.  In a related  
            recommendation, the CDE proposed that outcome data for  
            students participating in the AIEC program be included in  
            state data systems and projects, including the California  
            Longitudinal Pupil Achievement Data System, the California  
            Healthy Kids Survey, and CDE's Smarter Balanced Assessment  
            System. 



            Should the state restore the American Indian Education Unit  
            within the CDE, as established by statute?   Current law  
            establishes an American Indian Education Unit within the CDE  
            to provide technical assistance and oversight for the AIEC  
            program, led by a manager appointed by the Superintendent of  
            Public Instruction.  According to the CDE, prior to the  
            recession and associated budget cuts and categorical program  
            flexibility, the department was staffed with a manger and two  
            program staff to oversee the AIEC program.  They currently  
            have a .6 position to run the program. In its 2016 report to  
            the Legislature the CDE recommended the reestablishment of the  
            American Indian Education Unit as created in statute. 

          REGISTERED SUPPORT / OPPOSITION:



          Support


          Santa Ynez Band of Chumash Indians (sponsor)


          Agua Caliente Band of Cahuilla Indians


          Bishop Indian Education Center









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          California Teachers Association


          Campo Band of Mission Indians


          Fernandeņo Tataviam Band of Mission Indians


          Foothill Indian Education Alliance, Inc.


          Four Winds of Indian Education, Inc.


          Grindstone Indian Rancheria


          Indian Action Council of Northwestern California


          Lake County Citizen's Committee on Indian Affairs


          Local Indians for Education, Inc.


          Morongo Band of Mission Indians


          Northern California Indian Development Council, Inc.


          Pala Band of Mission Indians


          Pechanga Band of Luiseņo Indians









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          Resources for Indian Student Education, Inc.


          Rincon Band of Luiseņo Indians


          Rincon Indian Education Center


          Roundhouse Council Indian Education Center


          San Manuel Band of Mission Indians


          Soboba Band of Luiseņo Indians


          Southern California American Indian Resource Center


          Southern California Tribal Chairmen's Association


          State Superintendent of Public Instruction, Tom Torlakson


          Sycuan Band of Kumeyaay Nation


          Tribal Alliance of Sovereign Indian Nations


          Tule River Indian Tribe of California


          Several individuals









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          Opposition





          None on file





          Analysis Prepared by:Tanya Lieberman / ED. / (916)  
          319-2087