SECTIONS 33380-33385 - California Statutes

EDUCATION CODE

SECTION 33380-33385

33380. The Legislature hereby finds and declares that American
Indian children have not performed well in California public schools
as evidenced by low academic achievement at all grade levels, high
dropout rates, and by the low number of pupils achieving a higher
education. It is the intent and purpose of the Legislature to
establish community-based programs that promote the educational
achievement of American Indian pupils attending public schools
throughout the state. The department shall provide proper guidance
and effective administrative support to California American Indian
education centers that recognize the unique cultural and historical
needs of American Indian pupils and support the need to preserve the
languages, cultures, and social structures of tribal communities.

33381. The California American Indian education centers established
pursuant to this article shall serve as community-based educational
resource centers to American Indian pupils, parents, guardians, and
the public schools in order to promote the academic and cultural
achievement of the pupils. The centers, based upon established
priority needs, may accomplish the following:
(a) Improve the academic achievement of American Indian pupils in
kindergarten and grades 1 to 12, inclusive.
(b) Improve the self-concept and sense of identity of American
Indian pupils and adults.
(c) Serve as a center for related community activities.
(d) Provide individual and group counseling to pupils and adults
related to personal adjustment, academic progress, and vocational
planning.
(e) Create and offer coordinated programs with the public schools.
(f) Provide a focus for summer cultural, recreational, and
academic experiences.
(g) Create and offer adult classes and activities that benefit
parents or guardians of pupils in its programs.
(h) Provide training programs to develop pathways to college and
the workplace for American Indian pupils.
(i) Provide American Indian educational resource materials to
pupils, their parents, and the schools they attend in order to ensure
appropriate tribal histories and cultures are made available.

33382. The state board, upon the advice and recommendations of the
Superintendent, shall approve revised guidelines for the selection
and administration of California American Indian education centers.
The Superintendent shall request input from the American Indian
Education Oversight Committee on amendments and updates to the 1975
guidelines and the committee may provide input to the Superintendent
prior to the submission of the guidelines to the state board.

33383. (a) An application for the establishment of a California
American Indian education center may be made to the department by any
tribal group or incorporated American Indian association, separately
or jointly, upon forms provided by the department. Funding for
existing centers or a new center shall not exceed funding provided
for these purposes in the annual Budget Act or another statute. The
department shall evaluate and rank the proposals for funding
purposes.
(b) An application for funding by a California American Indian
education center shall be ranked and approved on the basis of all of
the following criteria:
(1) The application is designed to achieve measurable objectives
for the center.
(2) The degree of commitment of the applicant to the purpose of
American Indian education as demonstrated by the policies adopted,
the allocation of staff, fiscal, and material resources, and the
integration of existing resources and services.
(3) The extent and degree of collaborative efforts among local
community resources, organizations, schools, and tribal communities.
(4) The potential impact a center will have on pupils, their
families, and other organizations in the region.
(5) The number of pupils in kindergarten and grades 1 to 12,
inclusive, within the community of the applicant.
(6) Existing centers shall have priority based upon the
demonstrated impact of each program on pupils, their parents or legal
guardians, and the community served.
(7) Existing centers created by the department shall receive
priority in funding.
(8) The application of an existing center shall receive priority
for funding over an application for a new center.
(c) The funding level for each center shall be based upon a
comprehensive community needs assessment, including the applicant's
history of educational support for American Indian pupils, their
parents or legal guardians, and the amount of collaboration with
local American Indians.
(d) Funding for each center shall be distributed by reference to
pupil population, pupil academic performance, and the local economic
base.
(e) To the extent possible, the centers shall be distributed in
regions throughout the state in order to reflect the American Indian
population base.
(f) The approval of an application for the establishment of a
California American Indian education center shall be effective for a
period of five calendar years. One calendar year before the
expiration of the five-year period, the department shall commence an
evaluation of the center in order to determine whether to renew the
application of the existing center or approve a new application to
establish a California American Indian education center.
(g) (1) If the application for a center has been approved by the
department and the applicant has received written verification of
that approval, the department shall distribute 75 percent of the
grant award for each year of the grant no later than 45 days after
enactment of the annual Budget Act or an additional authorizing
statute, whichever is later.
(2) The department shall distribute the remaining 25 percent of
the grant award for each year of the grant no later than April 1 of
the year following the year in which the initial 75 percent is
distributed pursuant to paragraph (1).

33384. (a) (1) Each center shall annually submit a report to the
department that includes appropriate data, presented in a format
developed jointly with the department, that reflects each center's
ability to meet its stated objectives, measure pupil academic
performance, and meets the continued educational and cultural needs
of the community that the center serves.
(2) On or before January 1, 2011, and again on or before January
1, 2016, the department shall 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.
(b) The centers shall maintain sound fiscal policies. The
department shall provide technical assistance and training to the
centers in order to assist the centers to maintain sound fiscal
policies. The department may require an annual program audit,
however, if the department deems it fiscally unsound for the centers
to provide an annual audit, a fiscal review shall suffice.
(c) The department shall provide technical assistance and
professional development to the directors of the California American
Indian education centers throughout the year that shall include
timely documented responses and professional guidance meant to
improve center programs.

33385. This article shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.