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CALIFORNIA STATUTES AND CODES

SECTIONS 33380-33385

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.

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