2009 California Education Code - Section 33370 :: Article 5. Bureau Of Indian Education

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
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, 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 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. 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.


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