SECTIONS 33370 - California Statutes

EDUCATION CODE

SECTION 33370

33370. (a) There is hereby created within the department an
American Indian Education Unit, which shall provide technical support
to, and proper administrative oversight of, American Indian
education programs established by the state in order to ensure that
American Indian pupils in California public schools are able to meet
the challenging academic standards of the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and that those
programs reflect the cultural and educational standards stated in
Executive Order No. 13336, 69 Federal Register 25295 (May 5, 2004),
relating to American Indian and Alaska Native Education.
(b) The Superintendent shall appoint an American Indian Education
Unit Manager who shall oversee the American Indian Education Unit.
(c) The duties of the American Indian Education Unit shall include
the development of clear, consistent, and effective operating
policies and procedures that include measures to ensure that the
learning needs of American Indian pupils are being adequately
addressed.
(d) The department shall ensure that staff are properly trained in
the application of the policies adopted pursuant to subdivision (c)
and that the policies are consistent with the legislative intent
relating to the California American Indian Education Program and with
Section 11019.6 of, subdivisions (d) and (f) of Section 11340 of,
and Section 11342.2 of, the Government Code.
(e) The department shall prescribe the following:
(1) The data that California American Indian education centers
shall report on an annual basis in order to measure program
performance.
(2) On or before January 1, 2011, and again on or before January
1, 2016, the department shall conduct an evaluation of the centers to
determine whether to renew the application of each existing center
or instead to approve an application to establish a new center.
(3) A description of the consequences for failing to submit the
data.
(f) The department shall adopt policies that include:
(1) An equitable process that will be used to select centers that
will receive grant awards and determine their respective funding
amounts.
(2) Establish a prompt timeframe for disbursing approved payments
to the centers.
(3) A monitoring process and plan to ensure that fiscal and
program information reported by the centers is accurate and complete,
including a process for corrective action and investigation by the
department for noncompliance. The process shall be based upon
consistent and equitable principles.
(4) The incorporation of culturally responsive methodologies in
order to ensure that an optimal educational program for American
Indian pupils is supported and maintained.
(5) Ensuring respect for the federal trust and sovereign nation
status of California American Indian tribes.
(g) The Superintendent, with input from existing California
American Indian education center directors, shall appoint an American
Indian Education Oversight Committee by January 30, 2007, composed
of at least seven educators, four of whom shall be California
American Indian education center directors. If the Superintendent is
unable to find a qualified individual to fill a vacancy in one of the
four positions for center directors within 30 days of the vacancy
arising, he or she may fill the vacancy with an educator who is not a
center director. All members shall possess proven knowledge of
current educational policies relating to, and issues faced by,
American Indian communities in California. This committee shall
provide input and advice to the Superintendent on all aspects of
American Indian education programs established by the state.