BILL ANALYSIS
AB 2089
Page 1
Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2089 (Coto) - As Amended: April 27, 2010
Policy Committee: Education
Vote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill extends the sunset of the California American Indian
Education Center (CAIEC) programs from January 1, 2012 to
January 1, 2018. Specifically, this bill:
1)Requires each CAIEC to submit information used for an
evaluation on or before January 1, 2016 (in addition to the
January 1, 2011), as specified.
2)Authorizes the Superintendent of Public Instruction (SPI) to
fill a CAIEC program director vacancy with an educator who is
not a center director, if the SPI is unable to find a
qualified individual to fill the vacancy within 30 days.
FISCAL EFFECT
Annual GF/98 costs of approximately $3.6 million to extend the
authorization of the 27 CAIEC programs until 2018, as specified.
COMMENTS
1)Purpose . Current law requires CAIECs to serve as educational
resources for American Indian students, their parents, and the
public schools. In addition, the center's goals are to improve
the academic achievement, self-concept, and employment
opportunities of American Indian students and adults. If not
reauthorized, the program sunsets on January 1, 2012.
SB 1710 (Ackerman), Chapter 880, Statutes of 2006, established
the American Indian Education Oversight Committee (oversight
AB 2089
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committee), composed of seven members, to provide input and
advice to the SPI regarding all aspects of the CAIEC program,
including approval of any changes to the existing guidelines
that govern the program. Statue requires the seven members of
the oversight committee be educators, with at least four being
CAIEC directors.
According to the State Department of Education (SDE), two
members of the oversight committee (who were also center
directors) resigned in the summer of 2008. The SPI conducted
a search for center directors to serve on the oversight
committee, but was unsuccessful. As a result, the oversight
committee was out of compliance with statute regarding its
membership and suspended committee meetings for approximately
a year.
SDE's legal counsel advised the oversight committee to resume
meetings again in 2009. In May 2009, the oversight committee
voted to pursue legislation to provide the SPI with
flexibility to fulfill committee vacancies with individuals
other than CAIEC program directors. This bill implements this
recommendation and extends the sunset of the program until
January 1, 2017.
2)SB 4 X3 (Ducheny), Chapter 12, Statutes of 2009 , provided
local education agencies (LEAs) with unprecedented fiscal and
policy flexibility related to over 40 categorical programs
between the 2008-09 FY to the 2012-13 FY. Specifically, any
LEA that received funding for specified categorical programs
in the 2008-09 FY is authorized to use this funding for any
educational purpose until the 2012-13 FY. The LEA may choose
to continue operating the categorical program that it received
funding for or redirect it for any other educational purpose
it deems appropriate.
CAIEC programs were one of the 40 categorical programs subject
to this policy and fiscal flexibility. Program funding is not
exclusively allocated to LEAs; non-profit organizations and
California Indian tribes also receive funding. Chapter 12
does not distinguish between LEAs or other entities in terms
of funding recipients. Therefore, any entity that receives
funding to operate CAIEC programs may use it for any other
education purpose it deems appropriate. Likewise, CAIEC
programs are not required to comply with reporting
requirements as well.
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The committee may wish to consider whether it is appropriate
to extend the sunset of this program given the lack of
information regarding the implementation of categorical
flexibility provisions at this time.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081